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Ordinance 1999-16 9913-L 09/13/1999 02326F of 2 Paul Anderson, Kendall County, IL Recorder STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 19 9q-1 ORDINANCE APPROVING SALE OF MUNICIPAL PROPERTY (Route 47 Vacant Lot) NOW COMES, the Mayor and City Council of the United City of Yorkville, who are desirous of selling certain publicly owned real property of the United City of Yorkville; 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 sell real property owned by the City, which is legally described as follows: Lot 3, North Bridge Street Subdivision in the United City of Yorkville, Kendall County, Illinois. and located on the West side of Route 47 in the corporate limits of the United City Yorkville; and WHEREAS,the City has commissioned an MAI certified appraiser to perform an appraisal on the subject real property and that appraisal is an amount sufficient that the offer to purchase said real property hereinafter referred to consists of at least 80%of the appraised value of said appraisal; and WHEREAS, JEFFREY A. SPANG and SANDRA L. SPANG have submitted an offer to purchase said real property for the sum of$20,000.00,with no contingencies on said contract, and WHEREAS, it is the intention of the City Council to enter into the Contract to Sell Real Estate attached as Exhibit"A"hereto and to convey said real property upon payment of the purchase price by JEFFREY A. SPANG and SANDRA L. SPANG to the United City of Yorkville; NOW THEREFORE the City Council and Mayor of the UNITED CITY OF YORKVILLE O CHICAGO TITLE INSURANCE CO. Aurora/Yorkville Office pursuant to 65 ILCS 5/11-76-4.1 are hereby authorized and do agree by a 3/4 vote of the City Council holding office to sell the subject real property described above to JEFFREY A.SPANG and SANDRA L. SPANG for the sum of$20,000.00, upon the terms and conditions set out in said Contract to Sell Real Property attached hereto and incorporated herein as Exhibit"A". This Ordinance has been passed by and approved by the United City of Yorkville City Council and its designated corporate officers Jfdav of I �k� ' 1999. PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this day of , A.D. 19'1). CITY CLERK BURTON CALLMER DAVE DOCKSTADER ,1 RICHARD STICKA MIKE ANDERSON h VALERIE BURD ROSE SPEARS LARRY KOT 11 THOMAS SOWINSKI APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this Gay of , A.D. 1 MAYOR La Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 xcEAL ESTATE SALE CONTRACT Form A Jeffrey A. Spans and Sandra L Spans_(Purchaser) agrees to purchase at a price of$ 1.00* on .e terms set forth herein, the following described real estate in the United City of Yorkville Kendall County, Illinois: *for the "Game Farm house and $20,000.00 for the southernmost single family residential Lot owned by the United City of Yorkville in the Subdivision of the United City of Yorkville on the Westside of Rt. 47. (If legal description is not included at time of execution, Daniel J. Kramer is authorized to insert thereafter.) commonly known as "Game Farm" , and with (strike items not applicable) (a) storm and screen doors and windows; ( ; (d) wall-to-wall, hallway and stair carpeting; (e) window shades and draperies and support fixtures; (0 venetian blinds; (g) electric,plumbing and other attached fixtures as installed;(h)water softener;(i)j'efrrgerater(s);0)all installed air conditioners transmitters; (1) radiator eavers; (m) indoor and atttdaer(110i"wer-AN ; and also 2. United City of Yorkville (Seller) (Insert names of all owners and their respective spouses) agrees to sell the real estate and the property,if any, described above at the price and terms set forth herein, and to convey or cause to be conveyed to Purchaser or nominee title thereto(in joint tenancy)by a recordable Corporation Warranty deed,with release of homestead rights,and a proper bill of sale,subject only to:(a)covenants,conditions and restrictions of record; (b) private, public and utility easements and roads and highways, if any; (e)arty waR hts and agreements, if MY; (d) existing leases and tenaneies; (e) speeial taxes or assessments for impra-vementa not yet eampleted; (f) any tmeenfitined speeial tax or assessment-, (g)installments not dtte at the date hereof of an . t!tax or assessment for improvem ents heretafere eempleted;(it)mortgage or trust deed speeified below,if ; (i) general taxes for the year 1999 and subsequent years including taxes which may accrue by reason of new or additional improvements during the year(s) 1999; and to date of closing. 3. Purchaser has paid$ 9,000.00 (and will pay within days the additional sum of$ ) as earnest money to be applied on the purchase price, and agrees to pay or satisfy the balance of the purchase price, plus or minus prorations, at the time of closing as follows: (strike subparagraph not applicable) (a) The payment of the balance of the purchase price, plus or minus prorations at time of closing. (b) The aeeeptanee of the title to the real estate by Pttrehase. sttbjeet to a MOftgftge (tFdSt deed) Of fee0rd " prineipai indebtedness (Whieh the Pttrehaser LEdoesi Edoes not] agree to assttme) aggregating-$-- beat4ng interest at the rate of_% a year, and the payment of a sum whieh represents the differettee between the amettnt dee on the indebtedness at the titne of eiesing and the balanee of the pttrehase 4. Seller shall provide a Boundary survey of said Lot to Purchaser's at closing. 5. The time of closing shall be on September 3, 1999,or 20 days after notice that financing has been procured -hove paragraph 4 is operative, or on the date, if any, to which such time is extended by reasons of paragraph 2 .he Conditions and Stipulations hereafter becoming operative (whichever date is later), unless subsequently mutually agreed otherwise, at the office of Law Offices of Daniel J. Kramer or Chicago Title Insuance if any, provided title is shown to be good or is accepted by Purchaser. 6. Seller shall deliver possession to Purchaser on the day the sale is closed. 7. Seller agrees to pay a bruxer's commission to None in the amount set forth in the broker's listing contract or as follows: The earnest money shall be held by Law Offices of Daniel J.Kramer Trust Account for the mutual benefit of the parties. 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 3 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: Auizust 20, 1999 Purchaser: Ct! (Address) � S � ^ effrey A. Spang Purchaser: n (Address) K `� Sandra L. Span -„tler: United City of Yorkville (Address) By: (Address) CONDITIONS AND STIPULATIONS ' Seller shall deliver or cause to be delivered to Purchaser or Purchaser's agent, not less than 5 days prior to time of closing, a title commitment for an owner's title insurance policy 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 (a)the general exceptions contained in the policy unless the real estate is improved with a single family dwelling or an apartment building or four or fewer residential units, (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 deliver 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 therein stated. Seller also shall fiunish Purchaser an affidavit of title in customary form covering the date of closing and showing title in Seller subject only to the permitted exceptions in foregoing items (b) and (c) 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 unpermitted exceptions,Seller shall have 30 days from the date of delivery thereof to have the exceptions 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 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 leduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If Purchaser does i,vt so elect, this contract shall become null and void without further actions of the parties. 3. No proration of real property taxes will be made because both the house and Lot being purchased were tax exempt for 1999 while owned by the City of Yorkville. The amount of any general taxes which may accrue by reason of new or additional improvements shall be adjusted as follows: . _X: gn shall then be assigned to Pttrehaser. Seller shall pay the amount of any stamp :LMIMIJua byStatelawanthe trftnsf�r of the title, and shall fttrttish a eempleted Real Estate Transf�r Deeiffation signed by the Seller mr th-e Seller's agent in the form reqttired ptIrSUCUA to the Rea4 Estate Transf�r Tax Aet of the State of Illinois and shaH fttrnish any deelaration sign ­1 - - -'I-- 0-I I er's age.-A.--.r meet ather as established by any leeal ot dittanee with regard to a transfer or transaetion tax,,stteh tax reqttired by iaeal ardinanee shall be paid by the PartY epon whern stteft Ordinance plaees respan2ibility therefor. if sttelt ordinanee does nat so plaee responsibility, 4. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract. 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 Seller's expenses and then to payment of broker's commission;the balance,if any,to be retained by the Seller as liquidated damages. 6. At the election of Seller or Purchaser upon notice to the other party not less then 5 days prior to the time of closing, this sale shall be closed twough 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 r^mpany, with such special provisions inserted in the escrow agreement as may be required to conform with this .tract. 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 divided equally between Seller and Purchaser. 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 address following their signatures. The mailing or a 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 1971. 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. 10. Alternative 1: 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. 11. In consideration of the offer to purchase made hereunder, Sellers & Purchasers incorporate Paragraphs 1, 3, 4, 5, & 6 if a letter from Purchaser's dated July 30, 1999 which is attached hereto as and for paragraph # 11 of this Contract. Not withstanding the terms of said Letter of Agreement,the City ahs agreed to allow Purchaser up to and including October 1, 1999 to move the Game Farm house from its current location. 12. In the event of a cause majeure, such as weather conditions, act of God or the like that would prevent moving the residence, the moving date provided in paragraph 11 shall be adjusted by agreement of the parties. In the event a cause majeure did occur, the Purchaser will use their best efforts to move said residence. Jeff Spans • 907 South Main Sties • Ymdcville, II. 60560 July 30, 1999 Joseph Wywrot City of Yorkville 111 West fox Street, Suite 3 Yorkville,IL 60560 Dear Mr. Wywrot: Subject:Game Farm House.PCo'posal and I ether of Irr6errt I am submitting this Letter of Intent with the hope that the City Ccsurcil will accent this proposal for the relocation of the Game Farm House, In as effort to dispel any confusion, I have outlined the terms we seek in order to accomplish this project in a timely and cost effective manner for all parties. If,after review of these terms, you or any member of the City Council has any questions, I would be happy to make myself available to respond. My feebly and I will be out of state during the next week but we will return and I will be at your disposal as ofAugust 10'", 1999. We wish to proceed under the following terms: 1),i ne City of Yorkville agrees to sell the Game Farm house to us for S1. All window air conditioning units-fie to remain installed. We will raise the structure and load it onto moving equipment and remove it from its presMt location on or before September 15'x. The City agrees that this iseall we are required to remove from the site: Z)The Ctty otYorkville agrees to sell and convey clear title to the southern most tot on Bridge Street at Park Stroer fora oost.not to exceed S20,000. 3) UtCity of Yorkville agrees to waive all fees under their jurisdiction in consideration of the this project We agree to remit$150 for tha cost of the:.-ator meter and the$1 for the hou:a. We agr$a to pay tho Yc L:zklo. Bristol Sm itary District tap fee of S900. 4)The City of Yorkville agrees to remove the electrical power to the structure and remove the electrical pole and lighted sign in front of the structure. 5)The City of Yorkville agrees to allow the structure to be transported across the Library parking lot and access road, across the Beecher Center recreational fields, and across the public works yard to be placed on the aforementioned lot. The City agrees to assist us in acquiring any easements needed to complete this move. We will, at our expense, remove and replace the street light at the southwest comer of the Library property. We will, at our expense,remove and replace the necessary Public Works Department fencing. The City of Yorkville agrees to clear the required path through the Public Works Department yard,including leveling or moving the black dirt pile at the northwest comer of the public works yard. This black dirt pile may be used by the house moving contractor, if needed, to bridge the watercourse at the west edge of the public works yard. We agree to hire a landscaping contractor to restore any turf damage we cause by moving equipment on City property. 6)The City of Yorkville will permit removal of the tree at the north east corner of the public works garage to allow passage space for the house. e 7)It is our intention to place the hope on a basement foundation as soon as is feasible. Due to the lateness of the project and the resulting crowd schedules of foundation contractors, it may become necessary to allow the house to sit on the destination lot until the foundation can be constructed. This should be completed within 60 to 90 days. AJgus111, 1999 • Page 2 We intend to use the house as a primary residence for a family member. We are prepared to accomplish this task on a cash basis. The following is our budget for completion of this project: Land Aquistion $20,000 Moving cost 24,000 Foundation/Excavation 15,000 Site Improvements 4,000 Electrical 2,500 Carpentry 4,000 Plumber 2,500 Fees 1,051 HVAC 3,000 WatsdAugsr RL47 1,500 Misc. Exp 5.000 Total Projected Costs 582,551 It is worth noting that while we are asking for some consideratiosl by the City of Yorkville in regards to fees, we will save the City in excess of S9,000 dollars in demolition costs and intend to remit an additional 520,000 to the City for the purchase of the lot. As you can see from our projected budget, the cost of this project is substantially higher than presented in the meeting of July 29, 1999. Sincerely, Jeff Spang