HomeMy WebLinkAboutORDINANCE - 3549 - 4/24/2018 - Real Estate Sales 711 ChelmsfordORDINANCE NO.3549
AN ORDINANCE AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER
INTO A REAL ESTATE SALES CONTRACT WITH ELK GROVE PARK DISTRICT
FOR THE SALE OF VILLAGE OWNED REAL ESTATE COMMONLY KNOWN AS
711 CHELMSFORD, ELK GROVE VILLAGE
WHEREAS, the Village of Elk Grove Village is a Home Rule Municipality as
authorized and set forth in the Constitution of the State of Illinois of 1970; and
WHEREAS, the Village, as a home rule unit, may exercise any power and perform any
function pertaining to its government and affairs including the power to convey real estate; and
WHEREAS, the Mayor and Board of Trustees of the Village of Elk Grove Village
adopted an ordinance known as Ordinance No. 1214 on April 11, 1978, which Ordinance
establishes the right of the Village to convey real estate by contact or negotiated sale, as opposed
to the solicitation of public bids, pursuant to the Village's home rule authority and as deemed to
be in the best interests of the Village; and
WHEREAS, said Ordinance further authorizes the Village Manager to pursue
negotiations with prospective purchasers for property owned by the Village and for which there
is no public need therefore, either now or in the future; and
WHEREAS, the Ordinance is subject to the Village of Elk Grove Village acquiring title
to the property in Cook County, Illinois 60007 and legally described as follows:
Lot 4890 in Elk Grove Village Section 16, being a subdivision in the South'/2 of Section
29, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County,
Illinois, according to the Plat thereof recorded May 16, 1968 as document 20492038 and re-
recorded June 12, 1968, as document 20517873 and filed on June 12, 1968 as document lr
2392624, in Cook County, Illinois with PIN 08-29-414-001-0000; and
WHEREAS, the Village Manager, pursuant to the authority of Ordinance No. 1214 has
entered into negotiations with prospective purchasers with respect to the sale of said real estate;
and
WHEREAS, the Village Manger is in receipt of an offer to sell said property to Elk
Grove Park District, for a purchase price of Two Million Dollars ($2,000,000.00), subject to the
terms and conditions therein contained, a copy of which is attached hereto and incorporated
herein, as Exhibit A; and
WHEREAS, the Mayor and Board of Trustees deem it to be in the best interests of the
Village that said offer be accepted and that the Village convey the above -referenced property to
Elk Grove Park District.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage Illinois, in exercise of its Home
Rule authority as follows:
Section 1: That the Mayor and the Village Clerk are hereby authorized to execute that
sales agreement identified as Exhibit A attached hereto with Elk Grove Park District, for the sale
by the Village of property located at 711 Chelmsford, Elk Grove Village, Illinois and identified
as permanent real estate index number 08-29-414-001-0000 for the purchase price of Two
Million Dollars ($2,000,000.00).
Section 2: That the Village Manager, and the Village Attorney, or their designated agent,
are hereby authorized to initiate such proceedings as are required by the conditions of said real
estate sale contract in order for the Village to fulfill its obligations therein contained.
Section 3: The Village Clerk is authorized to publish this Ordinance in pamphlet form.
Section 4: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication according to law.
VOTE: AYES:6 NAYS:0 ABSENT:0
PASSED this 24t' day of April 2018.
APPROVED this 24' day of April 2018.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
PUBLISHED this 27' day of April, 2018 in Pamphlet form.
REAL ESTATE SALE CONTRACT
1. Parties/Purchase and Sate. Elk Grove Park District, a
municipal corporation and body politic with principal offices located at
499 Biesterfield Road, Elk Grove Village, Illinois 60007 ("Purchaser")
agrees to purchase and Elk Grove Village, an Illinois home rule
governmental body with principal. offices located at 901 Wellington
Avenue, Elk Grove Village, Illinois, 60007 ("Seller") agrees to sell to
Purchaser, at a price of TWO MILLION DOLLARS ($2,000,000.00),
subject to prorations as hereinafter provided, on the terms set forth
herein, the following described real estate, together with all
improvements thereon ("Real Estate") in Cook County, Illinois, commonly
known as 711 Chelmsford Lane, Elk Grove Village, Illinois, 60007 and
legally described as follows:
Lot 4890 in Elk Grove Village Section 16, being a subdivision in the
South 1 /2 of Section 29, Township 41 North, Range 11, East of the Third
Principal Meridian, in Cook County, Illinois, according to the Plat thereof
recorded May 16, 1968 as document 20492038 and re -recorded June 12,
1968, as document 20517873 and filed on June 12,1968 as document lr
2392624, in Cook County, Illinois.
The permanent real estate index number of the Real Estate is
08-29-414-001-0000.
Seller and Purchaser are sometimes hereinafter referred to
herein individually as a "Party" or jointly as the "Parties".
2. Conve atL nce of Title. Seller agrees to sell the Real Estate
at the price set forth above, and to convey or cause to be conveyed to the
Purchaser or nominee title thereto by a recordable warranty deed, with
release of homestead rights, subject only to (a) those covenants,
easements and restrictions as set forth on Chicago Title Insurance
Company Commitment No. 18T008984076N3 (a copy of which is
attached hereto as Exhibit A) dated February 1, 2017 as Schedule B,
Part II exceptions O 15., P 16., Q 17., and R 18.; and (b) roads and
highways, if any, and building lines and building restrictions, not
objected to in writing by Purchaser within ten (10) days after receiving
the preliminary title commitment from Seller referred to in Paragraph 9
below, as well as general real estate taxes for the year 2017 and
subsequent years, and acts of Purchaser [(a) and (b), collectively, the
"Permitted Exceptions"].
3. Earnest Mong . Within five (5) five days after its execution
hereof, Purchaser will pay $10,000.00 as earnest money to be applied on
1
the purchase price and agrees to pay or satisfy the balance of the
purchase price at Closing, plus or minus applicable prorations, by cash,
cashier's or certified check. The earnest money shall be held by the
Seller's attorney's client trust fund account, or at the election of the
Purchaser, by the Title Insurance Company, for the mutual benefit of the
parties.
4. Closing. Subject to the other terms and provisions of this
Contract, the time of Closing shall be on May 30, 2018 at the office of
Chicago Title Insurance Company nearest to the Real Estate, provided
title is shown to be good or is accepted by Purchaser and that the other
conditions of this Contract have been satisfied, or within 20 days after
the expiration or waiver of all contingency periods elsewhere provided for
herein, whichever shall be later, or sooner by agreement of the parties.
5. Possession/Contract Cancellation. The Seller shall deliver
possession of the Real Estate to the Purchaser at Closing in "as is"
condition, with all personal property of Seller having been removed from
the Real Estate by Seller at its own expense prior to such delivery of
possession; provided, however, that it is understood and agreed by Seller
and Purchaser that the current occupant of the building on the Real
Estate, namely the Elk Grove Township Day Care Center ("Tenant"), shall
be allowed to remain in such building through the Closing and thereafter
if and only if Tenant shall have entered into a lease or license with the
Purchaser (the "Lease") not later than the Closing and for a Term
commencing at Closing and ending at midnight on December 31, 2019,
which Lease shall be in form and substance satisfactory to Purchaser
and shall include but not be limited to, provisions requiring the Tenant
to maintain and keep in good condition and repair the interior of the
building and all systems and equipment in such building (in lieu of
payment of rent) and requiring Purchaser to maintain and keep in good
condition and repair the exterior of the building. If Tenant fails to enter
into the Lease with the Purchaser prior to Closing for reasons other than
those maintenance and repair lease terms noted in this paragraph,
Seller, at its sole option, may choose to cancel this sales contract prior to
Closing, making the contract null and void with no damages or penalties
associated with the cancellation. Purchaser shall exercise its best efforts
to enter into such Lease prior to Closing.
6. No Broker. Seller and Purchaser each represent and
warrant to the other that neither has worked with any broker or finder
and that no third party was the procuring cause of this Contract. Each
party indemnifies and holds the other party harmless from any person,
firm or entity claiming a broker's commission through the indemnified
Party.
E
7. Environmental Contingency. The Parties
acknowledge that the Real Estate is being sold on the conditions herein
contained, in "as is" condition, without warranty or representation of any
kind (other than warranty of title), express or implied, including without
limitation, any warranty of the condition or suitability of the Real Estate
for any particular use. Notwithstanding the foregoing, this contract is
contingent upon acceptance by Purchaser, in its absolute discretion, of the
condition of the Real Estate after an inspection or inspections (including
but not limited to a Phase I if desired by Purchaser, and/or at Purchaser's
election, a Phase II environmental assessment) conducted at Purchaser's
expense, and by individuals or firms selected by Purchaser, within thirty
(30) days of the last execution of this contract by the Parties hereto.
Purchaser shall indemnify Seller (and Elk Grove Township if the inspection
occurs before Seller owns the Real Estate) from and against any loss or
physical damage to the Real Estate caused by acts or omissions of
Purchaser or the person performing such inspection(s) and assessment(s),
and if through such inspection(s) and assessment(s) Purchaser changes
the condition of the Real Estate, Purchaser shall restore those parts of the
Real Estate changed by such inspection(s) and assessments to
substantially the same condition in which the Real Estate was found at the
time of the performance of such inspections and assessments.
Unless written notice of disapproval is given by Purchaser to Seller
on or prior to the 30th day after the last execution of this contract by a
Party hereto or by such other date as the Parties may agree upon in
writing, this contingency shall be deemed waived and this contract will
remain in full force and effect, if it has not otherwise previously been
declared null and void by Purchaser as permitted under any other
provision hereof. If written notice of disapproval is given within the time
period specified above, then this contract shall be null and void and the
earnest money and all interest thereon, less investment fees, shall be
returned to Purchaser.
In the event that Purchaser shall decide that a Phase II
environmental assessment of the Real Estate or any part(s) thereof
should be undertaken by individual(s) or firm(s) selected by it as provided
above, Purchaser shall have the right to take such samples of the
ground, water, air and Real Estate (including improvements) as it shall
deem necessary or appropriate for the purpose of analyzing and testing
same. For this purpose Seller (or Elk Grove Township, if such analyzing
or testing occurs before Seller owns the Real Estate), shall allow
Purchaser reasonable access to all parts of the Real Estate, provided
such access does not unreasonably interfere with Seller's operations or
those of its tenants or permitted occupants of all or any part of the Real
Estate and further provided that Purchaser restores the Real Estate to
substantially the same condition in which it was found at the time of the
performance of such assessment, sampling or testing, but only to the
extent that Purchaser's activities changed the condition of the Real
10
Estate. The rights of Purchaser hereunder during any Phase II
environmental assessment undertaken pursuant hereto shall expressly
include, but not be limited to, the right to do soil borings and test pit
excavations as well as underground and underwater inspections which
do not materially damage the Real Estate, provided that if any of such
procedures are utilized Purchaser shall first require such contractors to
provide a current certificate of insurance demonstrating the existence of
a general liability insurance policy in the name of said contractor,
providing coverage of not less than $1 million and naming Purchaser,
Seller (and Elk Grove Township if the inspection, testing and or
analyzing occurs before Seller owns the Real Estate) as additional
insureds thereunder.
8. Seller's Exchange Contingency. The obligations of the Parties
hereunder are expressly contingent upon the Seller obtaining title to and
ownership of the Real Estate prior to Closing via an exchange of its
interest in the property located at 600 Landmeier Road with Elk Grove
Township for the Township's interest in the Real Estate, which exchange
Seller shall use its best efforts to accomplish. If written notice of Seller's
inability to acquire title to and ownership of the Real Estate through the
aforesaid contemplated exchange is given by Seller to Purchaser not later
than the Closing then (unless Purchaser shall elect by notice in writing to
Seller to keep this contract in full force and effect but with a later Closing
Date) this contract shall be null and void and the earnest money and all
interest earned thereon, less investment fees, shall be returned to
Purchaser.
9. Title Commitment. The Seller shall obtain and provide
to Purchaser, not less than 15 days prior to the time of Closing, a title
commitment for an owner's title insurance policy with extended coverage
over Schedule B General Exceptions 1-5, issued by the Chicago Title
Insurance Company in the amount 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 the Permitted Exceptions identified in Paragraph
2 above and containing the following special endorsements acceptable to
Purchaser: legal equivalency, location, access, restrictions, tax parcel,
utility facility, and zoning. The title commitment shall be conclusive
evidence of good title as therein shown as to all matters insured by the
policy, subject only to the exceptions as therein stated. The Seller shall
furnish the Purchaser an affidavit of title in customary form covering the
date of Closing and showing title in the intended grantor subject only to
the Permitted Exceptions identified in Paragraph 2 above. If unpermitted
exceptions shall appear on the preliminary title commitment Seller shall
have an additional 5 days within which to have same removed (or
insured over at its cost if it so elects) and failing same, upon notice in
4
writing from Seller to Purchaser this contract shall become null and void
and the earnest money shall be refunded to the Purchaser.
10. SurvLey. Seller has provided Purchaser with an
ALTA survey of the Real Estate from 2017; Purchaser will accept that ALTA
survey at Closing provided that the same land surveyor currently
recertifies such ALTA survey to Seller, Purchaser and Chicago Title
Insurance Company as being a complete and accurate survey of the Real
Estate and further provided that it will not prevent said title insurance
company from issuing the title insurance policy described above;
otherwise, Seller agrees to furnish Purchaser a current (dated within 30
days after the last execution hereofl ALTA/ASCM spotted and staked plat
of survey including Table A requirements nos. 1, 2, 3, 4, 7 (a), 8, 9, 10, 11
and 13, of the Real Estate made, and so certified by the surveyor to Seller,
Purchaser, Chicago Title Insurance Company, and such other persons,
firms or entities as Purchaser may reasonably require, as having been
made in compliance with the Illinois Land Survey Standards, showing the
location of all improvements on the Real Estate, easements,
encroachments, fences, overlaps and boundary lines. The cost of the
survey shall be paid by the Seller. Purchaser shall have until fifteen (15)
days after its receipt of said plat of survey within which to disapprove of
same in its sole and absolute discretion. Unless written notice of
disapproval is given within the time period specified above, this
contingency shall be deemed waived and this contract will remain in full
force and effect. If written notice of disapproval is given within the time
period specified above, then this contract shall be null and void and the
earnest money and all interest earned thereon, less investment fees, shall
be returned to Purchaser.
11. Taxes. The 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 executed on behalf of the
Seller in the form required pursuant to the Real Estate Transfer Tax Act
of the State of Illinois and shall furnish any declaration executed on
behalf of the Seller and meet other requirements as established by any
local ordinance with regard to a transfer or transaction tax. Such tax
required by local ordinance shall be paid by the party upon whom such
ordinance places responsibility therefor. If such ordinance does not so
place responsibility, the tax shall be paid by the Seller.
12. Allocation of Risk. The provisions of the Uniform
Vendor and Purchaser Risk Act of the State of Illinois shall be applicable
to this Contract.
13. Deed and Money Escrow. At the election of the Seller or
the Purchaser upon notice to the other party not less than 5 days prior
to the time of Closing, this sale shall be closed through an escrow with
Chicago Title and Trust Company, in accordance with the general
provisions of the usual form of Deed and Money escrow Agreement then
in use by Chicago Title and Trust Company, with such special
provisions inserted in the escrow agreement as may be required to
conform with this Contract. Upon the creation of such an escrow,
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 borne equally by the
Seller and the Purchaser.
14. Termination. If this Contract is terminated without
Purchaser's fault, the earnest money shall be returned to the Purchaser,
but if the termination is caused by the Purchaser's fault, then at the
option of the Seller and upon notice to the Purchaser, the earnest money
shall be forfeited to the Seller and applied first to the payment of the
Seller's expenses and the balance, if any, to be retained by the Seller as
liquidated damages.
15. Notices. a. Notices under this Contract to the Seller shall be
addressed to and delivered at its address first set forth above.
Copy to: William J. Payne
Attorney at Law
1100 W. Northwest Highway # 103
Mt. Prospect, Illinois 60056
b. Notices under this Contract to the Purchaser shall
be addressed to and delivered at its address first set forth above.
Copy to: Thomas G. Hoffman Ltd., P.C.
205 W. Randolph Street
Suite 1645
Chicago, Illinois 60606
c. Any notice or communication required or permitted to be given
under this Contract shall be in writing and shall be delivered (i),
personally, (ii) by a reputable overnight carrier, (iii) by certified mail,
return receipt requested, and deposited in the U.S. Mail, postage prepaid,
or (iv) by electronic internet mail ("e-mail"). E-mail notices shall be
deemed valid and received by the addressee thereof when delivered by e-
mail and (a) opened by the recipient on a business day at the address set
forth above and (b) followed by delivery of actual notice in the manner
described in either (i). (ii) or (iii) above within three business days
thereafter at the appropriate address set forth above. Unless otherwise
expressly provided in this Contract, notices shall be deemed received
A
upon the earlier of (a) actual receipt; or (b) one (1) business day after
deposit with an overnight courier as evidenced by a receipt of deposit; or
(b) three (3) business days following deposit in the U.S. Mail, as
evidenced by a return receipt. By notice complying with the requirements
of this Section, each party shall have the right to change the address or
the addressee, or both, for all future notices and communications to
such party, but no notice of a change of addressee or address shall be
effective until actually received.
16. R.E.S.P.A. The Purchaser and the 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 or as superseded or replaced. In the event that either party shall
fail to make appropriate disclosure when asked, such failure shall be
considered a breach on the part of said party.
17. F.LR.P.T.A. The Seller represents that neither it nor
the intended grantor is a "foreign" person as defined in Section 1445 of
the Internal Revenue Code and is therefore exempt from the withholding
requirements of said Section. The Seller will furnish the Purchaser at
closing the Exemption Certification set forth in said section.
18. Time of the Essence. Time is of the essence of this
Contract.
19. Execution. This Contract shall be executed in
triplicate, all of which taken together shall constitute one and the same
agreement.
IN WITNESS WHEREOF, the Seller and the Purchaser have
executed these presents by their respective duly authorized officers as of
the respective dates indicated below.
Elk Grove Village
By:
Its
Dated: / d
7
Elk v Par istrict
By:
Its
Dated:
ALTA COMMITMENT FOR TITLE INSURANCE
CHICAGO TITLE .INSURANCE COMPANY
Uk
NOTICE
Commitment Number:
18T008984076NC
IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY
THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION,
ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY,
AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE. TERMS AND PROVISIONS OF THIS COMMITMENT.
THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY
OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions,
Chicago Title Insurance Company, a Florida corporation (the "Company")o commits to issue the Policy according to the
terms and provisions of this Commitment. This Commitment Is effective as of the Commitment Date shown in Schedule A
for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar
amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I -Requirements have not been met within one hundred eighty (180) days after the
Commitment Date, this Commitment terminates and the Companys liability and obligation end.
Chicago Title Insurance Company
By:
President
Attest:
Secretary
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Tftle Insurance Company. This Commitment is not valid without the
Notice; the Commitment to issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; Schedule B. Part 11-Exceptions; and a
countersignature by the Company or its Issuing agent that may be in electronic form. '
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative
of the date of use. All other uses are pi
ALTA Commitment for Title Insurance (08/01/
is restricted to ALTA licensees and ALTA members In good standing as
Reprinted under license from the American Land Title Association.
AMERICAN
LAND TITLE
ASS—ATIF.
rnnLeu: vc.w.,o L,—, r
Page 1 IL-CT-FA83-02100.231400-SPS-1-17-18T008984076NC
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO.18T008984076NC
Transaction Identirication Data for reference only:
r r� ic... E;i;p„Y s,,.i .. ON
Chicago Title Insurance Company Chicago Title and Trust Company '
10 South LaSalle Street, Suite 3100 10 South LaSalle Street, Suite 3100
Chicago, IL 60603 Chicago, IL 60603
Main Phone (312)223-4627 Main Phone: (312)223-4627 Main Fax: (312)223-3018
Email: chicagocommercial@ctt.com
Issued By: Chicago Title Insurance Company
10 South LaSalle Street, Suite 3100
Chicago, IL 60603
Order Number: 18T008984076NC
Property Ref.: 711 Chelmsford Ln., Elk Grove Village, IL 60007
SCHEDULE A
1. Commitment Date: February 1, 2017
2. Policy to be issued:
(a) ALTA Owner's Policy 2006
Proposed Insured: Purchaser with contractual rights under a purchase agreement with the vested owner
identified at Item 4 below
Proposed Policy Amount: $10,000.00
(b) ALTA Loan Policy 2006
Proposed Insured: Lender with a contractual obligation under a loan agreement with the Proposed
Insured for an Owner's Policy, its successors and/or assigns as their respective
interests may appear
Proposed Policy Amount: $0.00
3. The estate or interest in the Land described or referred to in this Commitment is:
Fee Simple
4. Title to the estate or interest in the Land is at the Commitment Date vested in:
Elk Grove Township, a Body Corporate and Politic of the State of Illinois
5. The Land is described as follows:
Lot 4890 in Elk Grove Village Section 16, being a Subdivision in the South 1/2 of Section 29, Township 41
North, Range 11 East of the Third Principal Meridian, in Cock.County, Illinois, according to the Plat thereof
recorded May 16, 1968 as document 20492038 and re -recorded June 12, 1968 as document 20517873
and filed on June 12, 1968 as document Ir 2392624 in Cook County, Illinois
END OF SCHEDULE A
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Ttle Insurance Company. This Commitment is not valid without the
Notice; the Commftment to Issue Policy; the Commitment Conditions;. Schedule A; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
AHE0.ICAN
Copyright American Land Title Association. All rights reserved. uNP t-f
Af30C1ATIUM
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/01/2016) Printed: 02.07.18 @ 02:41 PM
Page 2 IL-CT-FA83-02100.231400-SPS-1-17-18T008984076NC
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 18T008984076NC
SCHEDULE B, PART I
REQUIREMENTS
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then
make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must
be properly authorized, executed, delivered, and recorded in the Public Records.
5. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation,
distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving
Land that is associated with these activities.
6. Be advised that the "good funds" of the title insurance act (215 ILCS 1 W26) became effective 1-1-2010. This act
places limitations upon the settlement agent's ability to accept certain types of deposits into escrow... Please
contact your local Chicago Title office regarding the application of this new law to your transaction.
7. Effective June 1, 2009, pursuant to Public Act 95-988, satisfactory evidence of identification must be presented for
the notarization of any and all documents notarized by an Illinois notary public. Satisfactory identification
documents are documents that are valid at the time of the notarial act; are issuad by a state or federal government
agency; bear the photographic image of the individual's face; and bear the individual's signature.
8. The Proposed Policy Amount(s) must be increased to the full value of the estate or interest being insured,
and any additional premium must be paid at that time. An Owner's Policy. should reflect the purchase
price or full value of the Land. A Loan Policy should reflect the ban amount ouvalue of the property as
collateral: Proposed Policy Amount(s) will: be revised and premiums charged. consistent therewith when
the final amounts are approved.
END OF SCHEDULE B, PART I
This page is only apart of a 2016 ALTAe Commitment for Me Insurance Issued.by Chicago Tile Insurance Company. This Commitment is rat vatid without the
Notice, the Conr *wnt to Issue Policy; the Comaubnent Conditions; Sd Wule A; Schedule B, Part I -Requirements, Schedule B, Part li-Exceptions; and a
countersignature by the Company or its issuing agent that may be in etectmnic form.
Copyright American Land Title Association. All fights reserved.. AMc
UNU TITIt
A71019�T,O,f
The use of this Form (or any derivative thereof) Is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. AS other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA commitment for Title Insurance (0810112016) Printed: 02.07.18 Q 02.42 PM
Page 3 IL-CT-FA83-02100.231400SP&I-17-18T008984076NC
CHICAGO TITLE INSURANCE COMPANY. COMMITMENT NO.18T008984076NC
SCHEDULE B, PART II
EXCEPTIONS
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, -RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS. COMMITMENT TO THE EXTENT THAT THE SPECIFIC
COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, =OR
NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified In Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
General Exceptions
1. Rights or claims of parties in possession not shown by Public Records.
2. Any encroachment, encumbrance, violation, variation; or adverse circumstance affecting the title
that would be disclosed by an accurate and complete land survey of the Land.
3. Easements, or claims of easements, not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed. by. law and not shown by the Public Records.
5. Taxes or special assesaments which are not shown as existing liens by the Public Records.
6. We should be furnished a properly executed ALTA statement and, unless the land insured is a
condominium unit, a survey if available. Matters disclosed by the above documentation will be
shown specifically.
7. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time In the Public
Records or is Created, attaches, or is disclosed between the Commitment Date and the date on which all
of the Schedule B, Part I -Requirements are met.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice, the Commitment to Issue Policy' the Commitment Conditions; Schedule A; Schedule A Part I -Requirements Schedule B, Part li-Exceptions. and a
counter -signature by the Company or its issuing agent that may be in eledroric form.
r�rr
Copyright American Land Title Association. All rights reserved. 'NO TIT N
'NO TITLE
too
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in goad standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land We Association.
ALTA Comm'dment for Title Insurance (08/01/2016) Printed:, 02.07.1 a 02A2 PM
Page 4 IL-CT-FAB3-02100.231400SPS-1-17-18TOOSSM076NC
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. IST008984076NC
SCHEDULE B, PART II
EXCEPTIONS
(continued)
M 8. 1. Taxes for the year(s) 2016 and 2017
2017 taxes are not yet due or payable.
1A. Note: 2016 first installment is due March 1, 2017
Note: 2016 Final installment not yet due or payable
Perm Tax# Pd Year 1ST Inst Stet
08-29414-001-0000 1 of 1 2016 not billed
Perm Tax# 08-29414-001-0000 PCI 1 of 1 volume 50
3A the general taxes as shown below are marked exempt on the collector's
warrants.
Year(s): 2015 and prior
unless satisfactory evidence is submitted to substantiate said exemption our policy, if and when issued,
Will be subject to said taxes.
9. The Company may pay current year Cook County taxes when furnished an original. tax bill at or before the
time the Company is requested to make payments. ff an original tax bill is not furnished, the Company will
pay current taxes via ach payment, which results in an additional $7 duplicate tax bill fee payable to Cook
County and collected from the taxpayer at closing.
AA 10. Municipal Real Estate Transfer tax stamps (or proof of exemption) must accompany any conveyance and
certain other transfers of property located In Elk Grove, village . Please contact said municipality prior to
closing for its specific requirements, which may include the payment of fees, an inspection or other
approvals.
11. Note: The land lies within a county which is subject to the Predatory Lending Database Act (765 ILCS
77/70 et seq. as amended). A Certificate of Compliance with the act or a Certificate of Exemption
therefrom must be obtained at time of dosing in order for the Company to record any insured mortgage. If
the closing is not .conducted by the company, a Certificate of compliance or a certificate of exemption must
be attached to any mortgage to be recorded.
Note: for Kane, Will and Peoria counties, the act applies to mortgages recorded on or after July 1, 2010.
AB 12. Note: Our searches appear to indicate that the subject Land is not presently encumbered by a recorded
Mortgage. This must be substantiated by a sworn statement. from the party in title, and this commitment is
subject to such further exceptions as may be deemed necessary
AD 13. Since a governmental Entity holds title to the Land, any conveyance or Mortgage of the Land is subject to
the limitations and conditions Imposed by law. Proof of compliance with the same should be furnished.
This page is only a part of a 2016 ALTA® Commitment for Ttle Insurance issued by Chicago Ttle Insurance Company. This Commitment is not.valid without the
Notice; the Commitment to Issue Policy,' the Commitment Condfilons Schedule A; Schedule 8, Part I Requirements Schedule 8 Pant 11-Exce00s; and a
countersignature by the Company or its Issuing agent that may be in electronic form-
AMEOLICAN
Copyright American Land Title Association. All rights reserved. u""° *�?rE
"W0.1ld,
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. Ail other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Tide Insurance Dtr/01/2016) Printed 0207.18 @ 02.42 PM
. ,per 5 IL-CT-FA83-02100.231400SPS-1-17-18T008984076NC
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO.18T008984076NC
SCHEDULE B, PART
EXCEPTIONS
(continued)
AC 14. Information should be furnished establishing the present value of the Land and improvements thereon. If
such value is greater than the Amount of Insurance requested, the application should be amended to .
request an amount equivalent to the full value of the property, and,in default thereof, the right is reserved
to Insert in the owner's policy the company's usual coinsurance exception.
O 15. Easement over the Northerly 7.5.feet. Northeasterly 7.5 feet and East 7.5 feet of Land for the purpose of
Installing and maintaining all equipment necessary for the purpose of serving the Subdivision and other
property with telephone and Electric Service, together with right to overhang aerial service wires and also
with right of access thereto, as granted to the Illinois Bell Telephone Company. And the Commonwealth
Edison Company. And their respective successors and assigns and as shown on Plat of the Subdivision
record May 16, 1968 as document 20492038 and re-recdd on June 12, 1968 as document 20517873 and
filed on June 12, 1968 as document Ir 2392624.
P 16. Easements for public utilities and drainage as shwn on the Plat of Subdivision aforesaid, record May 16,
1968 as document 20492038 and re -recorded June 12, 1968 as document 20517873 and filed on June
12, 1966 as document Ir 2392624 over the Northerly 7.5 feet. The Northeasterly.7.5 feet and the East 7.5
feet of the Land.
Q 17. Easement over the Northerly 7.5,the Northeasterly 7.5 feet of the Land for the purpose of installing and
maintaining all equipment necessary for the purpose of serving the Subdivision and other property with
gas service, together with the right of access theretoas granted to the northern .ill gas company, its
successors and assigns and as shwn on the Plat or the Subdivision recorded May 16, 1968 as document
20492038 and re -recorded June 12, 1968 as as document 20517873 and filed on June 12, 1968 as
document Ir 2392624.
R 18, Covenants and restrictions contained in the instrument made by Vale Development Company, dated May
24, 1968 and record June 12, 1968 as document 20517875 and field on June 12, 1968 as document
LR23921624, relating to the use, cost, quality, size, ground floor area, location, type, and approval of plans
of buildings to be. erected on the Land; to the use of Land; no noxious or offensive activity; no temporary
structures; signs fences, etc; no animals, livestock or poultry (except household pets); sight distance at
Intersections; an Architectural Control Committee; and relating to easements on Land. No reverter. .
W 19. We should be furnished a statement that there is no property manager employed to manage the Land, or,
in the alternative, a final lien waiver from any such property manager.
X 20. Existing unrecorded leases and all rights thereunder of the lessees and of any person or party claiming by,
through or under the lessees.
This page is only a pad of a 2016 ALTA® Commitment for Tale Insurance issued by Chicago Title Insurance Company. Ties Commitment is not valid without the
Notice, the Commitment to Issue Policy, the Commitment ConcGtions, Schedule A; Schedule B, Part I -Requirements;. Schedule B, Pad11-Exceptions; and a
counter signature by the Company or its issuing agent that may be In elecbunk form.
AME
Copyright American Land Title Association. All rights reserved.' LAND TITU
Af,OCMT,ON
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 6 IL-CT-FA83-02100.2314OD-SPS-1-17-IST008984076NC
CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 18T008984076NC
SCHEDULE B, PART 11
EXCEPTIONS
(continued)
T 21. Note for information (endorsement requests):
All endorsement requests should be made prior to closing to allow ample time for the company to examine
required documentation.
(This note Will be waived for policy).
V 22. Informational Note:
To schedule any closings in the Chicago Commercial Center, please call (312)223-2707.
23. Effective June 1, 2009, if any docurpent of conveyance for Cook County Residential Real Property is to be
notarized by an Illinois notary public, Public Act 95-988 requires the completion of a Notarial Record for
each grantor whose signature is notarized. The Notarial Record will include the thumbprint or fingerprint
of the grantor. The grantor must present identification documents that are valid; are issued by a state or
federal government agency, or -consulate; bear the photographic image of, the individual's face; and bear
the individual's signature. The Company will charge a fee of $25.00 per Notarial Record.
END OF SCHEDULE B, PART II
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy the Commitment Conddions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part 11-Exceptions; and a
countersignature by the Company or its issuing agent that may be in electronic form. .
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative
of the date of use. All other uses are p
ALTA Commitment for Title insurance (08/01/
is restricted to ALTA licensees and ALTA members in good standing as
Reprinted under license from the American Land Title Association.
Page 7
ttt�tt &MearcAM�
NND "TLE
.50CIATMA
CHICAGO TITLE INSURANCE COMPANY COMMITMENT,NO..18TOD898407:6N.0
COMMITMENT CONDITIONS
1.
DEFINITIONS
(a)
"Knowledge" or "Known": Actual or Imputed knowledge, but not constructive notice imparted by the Public. Records.
(b)
"Land": The land described in Schedule A and affixed Improvements that by law constitute real property. The tern "Land" does not include
any property beyond the lines of the area described in Schedule A; nog any right, title, interest, estate, or easement in abutting'streets, roads,
avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be
insured by the Policy.
(c)
"Mortgage": A mortgage, deed of trust, or -other security Instrument, Including one evidenced by electronic means authorized by law.
(d)
"Policy": Each contract of title Insurance, in a forth adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(e)
"Proposed Insured": Each person identified in Schedule A as the Proposed insured of each Policy to be Issued pursuant to this Commitment.
(f)
"Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant
to this Commitment
(g)
"Public Records": Records 'established under state statutes. at the Commitment Date for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without Knowledge.
(h)
'Title": The estate or interest described In Schedule A.
2.
If all of the Schedule B, Part 1-Requirements have not been met within the time period specified in the Commitment to Issue Policy, this
Commitment terminates and the Company's liability. and obligation end.
3.
The Company's liability and obligation is limited by and this Commitment is not valid without:
(a)
the Notice;
(b)
the Commitment to Issue Policy
(c)
the Commitment Conditions;
(d)
Schedule A;
(a)
Schedule B, Part [-Requirements;
(f)
Schedule B, Part II -Exceptions; and
(g)
a counter -signature by the. Company or Its Issuing agent that may be in electronic form.
4.
COMPANY'S. RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add A defect, lien, encumbrance, adverse
claim, or other matter recorded in the Public Records prior to the Commitment Date, any: Lability of the Company Is limited by'Commitrient
Condition 5. The Company shall not be liable for any other amendment to this Commitment.
5.
LIMITATIONS OF LIABILITY
(a)
The Company's liability under Commitment Condition 4 is limited to the Proposed Insureds actual expense incurred in the interval between
the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the
Proposed Insured's good faith reliance to:
(1) comply with the Schedule B, Part I -Requirements;
(ii) eliminate, with the Company's written consent, any Schedule B. Part II -Exceptions; or
(iII) acquire the Title or create the Mortgage covered by this Commitment
(b)
The Company shall not be liable under Commitment Condition 5(a) N the Proposed insured requested the amendment or had Knowledge of
the matter and did not notify the Company about It In writing.
(c)
The Company will only have. liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed. Insured.
(d)
The Company's liability shall not exceed the lesser of the Proposed Insureds actual expense Incurred in good faith and described in
Commitment Conditions 5(a)(i) through 5(a)(I11) or the. Proposed Policy Amount.
(e)
The Company shall not be liable for the content of the Transaction identification Data, If any.
(f)
In no event shall the Company be obligated to Issue the Policy referred to in this Commitment unless all of the Schedule B,
Part I -Requirements have been, met to the satisfaction of the Company.
(g)
In any event, the Company's liability is limited by the terns and provisions of the Policy.
6.
LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a)
Only a Proposed Insured identified in Schedule A, and no other,person, may make a claim under this Commitment.
(b)
Any claim must be based In contract and must be restricted solely to the terms and provisions of this Commitment.
This page is only apart of a 2016 ALTA®.Commifinent for idle Insurance issued by.Chicago Tide Insurance Company. This Commitment is not valid without the
Notice; the Commitment to issue .Palcy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requiremerft Schedule 0, Part ll-Exceptions; and a
counter -signature by the Company or its issuing agent that may be in electronic form.
taritrri
�MEIIICAF
Copyright American Land Title Association. All rights reserved. uno rrciE
K50CIAifO"
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American . nd Title Association.
ALTA Commitment for i ifle Insurance (08/01/2016) Printed: 02.07.18 @ 02:42 PM
Page 8 IL -CT FA83-02100.231400SPS-1-17-18Tb08984076NC
CHICAGO TITLE INSURANCE COMPANY
(continued)
COMMITMENT. NO. 18T008984076NC
(c) Until the Policy is issued, this Commitment, as last revised, Is the exclusive and entire agreement between the parties with respect to the
subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether
written or oral, express or implied, relating to the subject matter of this Commitment
(d) The deletion or modification of any Schedule B, Part II -Exception does not constitute an agreement or obligation to provide coverage beyond
the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title Insurance commitments and policies. The Issuing agent is
not the Companys agent for the purpose of providing dosing or settlement services.
8. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A
pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment
to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount Is Two Hilton And N6/100 Dollars
($2,000,000.00) or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A
Proposed insured may review a copy of the arbitration rules at httDJhlrww.alta.ora/arbltratlon.
END OF CONDITIONS
1031 EXCHANGE SERVICES
If your transaction involves a tax deferred exchange, we offer this service through our 1031 division, IPX1031. As
the nation's largest 1031 company, IPX1031 offers guidance and expertise. Security for Exchange funds;includes
segregated bank accounts and a 100 million dollar Fidelity Bond. Fidelity National Title Group also provides a
50 million dollar Performance Guaranty for each Exchange. For additional information,, or to set-up an Exchange,
please call Scott Nathanson at (312)223-2178 or Anna Barsky at (312)223.2169.
This page is only a part of a 2016 ALTA® Commitment for Tile Insurance issued by Chicago Tile Insunance Company. This Commitment is not vatid without the
Notice, the Commrirnen t to Issue Policl; iha Commitment Condltior Schedule A; Schedule B, Part I-RegWaments• Schedule B, Part II -Exceptions; and a
counter -signature by the Company or its issuing agent that may be In electronic form.
,,��11
Copyright American Land Title Association. NI tights reserved AMEKICANIANo ,5:9
. Clmq
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. Ali other uses are prohibited. Reprinted under license from the American Land Title Assoclation
ALTA Commitment for Title insuranoe (08/01/2016) Printed: 02.07.18 @ 0242 PM
Page 9 IL-CT-FA83-02100.231400-SPS-1-17-18T0089W6NC