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Ordinance 2003-78 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2003--18— ORDINANCE APPROVING PURCHASE OF MUNICIPAL PROPERTY FOR PUBLIC PARK PROPERTY NOW COMES, the Mayor and City Council of the United City of Yorkville, who are desirous of purchasing certain real property located in the United City of Yorkville on the south side of the City as described in the attached Exhibit"A"; and WHEREAS,upon careful consideration and deliberation the City Council and Mayor have determined it to be in the best interest of the United City of Yorkville to acquire said real property in order to provide a municipal park,in an area of the City that has none and which is legally described in the attached Exhibit"A"; and WHEREAS, the City is authorized to purchase real property pursuant to ILCS 5 I l"(�4• ; and WHEREAS, the United City of Yorkville, has submitted an offer to purchase said real property for the sum of Forty Thousand Dollars and 00/100($40,000.00),with no contingencies on said Contract which has been accepted by the record owners; and WHEREAS,the City Council of the United City of Yorkville unanimously voted to enter into the Real Estate Sales Contract attached as Exhibit `B"hereto to purchase said real property upon payment of the purchase price to the record owners; and 1 WHERAS, it is in the best interest of the United City of Yorkville to purchase the subject real property for public park purposes: NOW THEREFORE the City Council and Mayor of the UNITED CITY OF YORKVILLE pursuant to _ILCS -5 11- are hereby authorized and do agree by a 2/3 or more vote of the City Council Members holding office to purchase the subject real property for the sum of Forty Thousand Dollars and 00/100($40,000.00),upon the terms and conditions set out in said Real Estate Sales Contract attached hereto and incorporated herein as Exhibit`B". This Ordinance has been passed by and approved by the United City of Yorkville City Council and its designated corporate officers edgy of��E.w,t� , 2003. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS 4— ROSE SPEARS RICHARD STICKA 4— APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this Aq day-of���_ _ Ate.20 ?� MAYOR 2 PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this 9 day of 4Gc'Ahl", , A.D. 20pj_. Attes C TY CLERK Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 3 Exhibit A Legal Description The East 101 feet of Lot 20, as measured along the North line thereof, of Unit Two,Fred Atlee Subdivision,in the Village of Yorkville,Kendall County, Illinois. Exhibit B REAL ESTATE SALES CONTRACT Form B 1. The United City of Yorkville (Purchaser) agrees to purchase at a price of$ 40,000.00 on the terms set '�rth herein, the following described real estate in Yorkville, Kendall County, Illinois: I` SEE ATT C Exhibit"A"or as modified by current survey. K/�Ar,)T La-- �C�t E�S� Ta commonly kn as x,700 Morgan St. Yorkville, Illinois , and with approximate lot dimensions of 101 feet x 66 feet , together with the following property presently located thereon: i 2. Dan P. Gilbert and Jan M. Gilbert (Seller) agrees to sell the real estate and the property described above, if any, at the price and terms set forth herein, and to convey or cause to be conveyed to Purchaser or nominee title thereto by a recordable deed,with release of homestead rights, if any, and a proper bill of sale, subject only to: (a) covenants, conditions and restrictions of record; (b)private, public and utility easements and roads and highways, if any, 3. Purchaser ilas paid$ 1,000.00 as earnest:n:,:ey to be ayphed on the purchase price. (a) The payment of$39,000.00 . 4. Purchaser agrees to pay for a current plat of survey of the above real estate made, and so certified by the surveyor as having been made, in compliance with the Illinois Land Survey Standards. '1 5. The time of closing shall be on or before January 31, 2004 or on the date, if any, to which such time is :tended by reason of paragraph 2 or 10 of the Conditions and Stipulations hereafter becoming operative (whichever date is later),unless subsequently mutually agreed otherwise, at the office of m& T`orz- Insurance or of the mortgage lender, if any,provided title is shown to be good or is accepted by Purchaser. 6. Seller agrees to pay a broker's commission to N/A in the amount set forth in the broker's listing contract or as follows: 7. The earnest money shall be held by The United City of Yorkville Attorney, Daniel J. Kramer for the mutual benefit of the parties. d. Seller warrants that Seller, its beneficiaries or agents of Seller or of its beneficiaries'nave received no notices from any city, village or other governmental authority zoning,building, fire or health code violations in _--respect-to-the-real-estate that-hav-e not-been Jieretofore-corrected. 9. A duplicate original of this contract, duly executed by the Seller and his spouse, if any, shall be delivered to the Pnrchaser within 7 days from the date hereo� othepxise, at the Purchaser's option, this GontmGt 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 ,nd Stipulations are made a part of this contract. CONDITIONS AND STIPULATIONS 1. Seller shall deliver or cause to be delivered to Purchaser or Purchase 's errt not less then 5 days prior g ' Y P to the time of closing, t� a title commitment for an owner's title insurance policy issued by the-Ckieage 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 (a) the general exceptions contained in the policy, (b)the title exceptions set forth above, and(c)title exceptions pertaining to liens or encumbrances of a definite or ascertainable amount which may be removed by the payment of money at the time of closing and which the Seller may 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 to all matters insured by the policy, subject only to the exceptions as iherein stated. Seller also shall furnish Purchaser an affidavit of title in customary from covering the date of closing and showing title in Seller subject only to the permitted exceptions in foregoing items (b) and(c) and unpermitted exceptions or defects in the title disclosed by the survey, 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 or plat of survey(if one is required to be delivered under the terms of this contract) discloses either unpermitted exceptions or survey matters that render the title unmarketable (herein referred to as"survey defects"), Seller shall have 30 days from the date of delivery thereof to have the exceptions removed from the commitment or to correct such survey defects or to have the title insurer commit to insure against loss or damage that may be occasioned by such exceptions or survey defects, and, in such event, the time of closing shall be 35 days after delivery of the commitment or the time expressly specified in paragraph 5 on the front page hereof,whichever is later. If Seller fails to have the exceptions removed or correct any survey defects, or in the alternative, to obtain the commitment for title insurance specified above as such exceptions or survey defects within the specified time, Purchaser may terminate this contract or may elect, upon notice to Seller within 10 days after the expiration of the 30-day period, to take 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 action of the parties. 5. 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 upon notice to the Purchaser,the earnest money shall be forfeited to the Seller and applied first to the payment of Seller's expenses and then to payment of broker's commission; the balance, if any, to be retained b t Seller as liquidated damages. �i.i election ^r`� '� �' upon notice tG tue otlid arL h less titan days i'. `G `he- . 6. At 7 ' election of S,elle or Y urchaicr p Gt 1 5 y prior t✓ tti� ti iv of closing, this sale shall be closed through an escrow wi�` -Title and Trust Company, in accordance _ with thLgeneral-pro-ydsi I he usuaLfo n-of Deed-,andMoney-Escrow Agreement-theninusehys - Title and Trust Company,with such special provisions inserted in the escrow agreement as may be required to --------------------------- -- co orm wi s con ac . pon a crea ion o sus 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 d=osited in the s row The cast of the escrow shall he divided eanally between Seller and Purchaser. (Strike paragraph if inapplicable) 7. Time is of the essence of this contract R. All notices herein required shall be in writing and shall be served on the parties at the addresses Bowing their signatures. The mailing of a notice by registered or certified mail, return receipt requested, shall be sufficient service. 9. Seller represents that he is not a"foreign person"as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section. Seller will furnish Purchaser at closing the Exemption Certification set forth in said Section. 0. The duty of the Purchaser to complete this contract is contingent upon approval of the acquisition of the subject property by the united City of Yorkville City Council in conformance with the Illinois Municipal Code. 11. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract, and said contract shall be binding upon heirs, successors and assigns. I Dated: 'U Purchasers: The United City of Yorkville Seller: By: f Mayor P. Gil Attest. M. Gilbert