Loading...
2002-02504/23/02 ORDINANCE NO. 2002- 25 AN ORDINANCE DIRECTING THE SALE OF REAL ESTATE COMMONLY KNOWN AS 20145 NORTH BUFFALO GROVE ROAD WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE AND COOK COUNTIES, ILLINOIS, as follows: Section One: That the Corporate Authorities of the Village of Buffalo Grove are of the opinion and find that the following described real estate: THAT PART OF THE SOUTHWEST '/4 OF THE SOUTHWEST '/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTER OF McHENRY ROAD DISTANT 753.5 FEET NORTH 33 DEGREES 40 MINUTES WEST FROM THE INTERSECTION OF CENTER OF ROAD AND SOUTH LINE OF THE SOUTHWEST '/4 OF SAID SECTION 33; THENCE AT RIGHT ANGLES TO THE CENTER LINE OF SAID ROAD NORTH 56 DEGREES 20 MINUTES EAST 222.0 FEET; THENCE NORTH 33 DEGREES 40 MINUTES WEST 167.0 FEET; THENCE WEST 2.97 FEET; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE 220.15 FEET TO A POINT IN SAID McHENRY ROAD, 165.0 FEET NORTH 33 DEGREES 40 MINUTES WEST OF THE POINT OF BEGINNING; THENCE SOUTH 33 DEGREES 40 MINUTES EAST 165.0 FEET TO THE POINT OF BEGINNING, (EXCEPT THE NORTHEASTERLY 34.0 FEET THEREOF AS MEASURED AT RIGHT ANGLES WITH THE NORTHEASTERLY LINE), IN LAKE COUNTY, ILLINOIS, PIN: 15 -33- 300 -016 (part of) which is presently owned by the Village of Buffalo Grove and is vacant and is no longer necessary or appropriate, required for the use of , profitable to or for the best interests of the Village of Buffalo Grove. Section Two: That said legally described real estate ( "Subject Property ") shall be sold pursuant to this ordinance and the Village's home rule power and authority and not pursuant to Illinois statutes. Section Three: That the Corporate Authorities of the Village hereby accept, ratify, and confirm the Residential Real Estate Contract for the sale of the Subject Property which is attached hereto and made a part hereof as Exhibit A. EABuffalo Grove\Ordinances \Directing Sale of 20145 N.BuEGrove Rd. (4- 23- 02).doc 0 - ' • Section Four: That the Village President and Village Clerk are hereby directed to execute the Warranty Deed attached hereto and made a part hereof as Exhibit B. That the Village President and Village Attorney are hereby authorized and directed to take such action and execute such documents as are necessary to effectuate the sale. Section Five: This ordinance shall be in full force and effect from and after its passage and approval by three - fourths of the Corporate Authorities then holding office. This ordinance shall not be codified. AYES: 6 - Braiman, Glover,Berman, Johnson, Kahn, Trilling NAYS: 0 - None ABSENT: 0 - None PASSED this 6th day of May 2002. APPROVED this 6th day of May , 2002. ATTEST: �,Tyv 8' a Villag erk APPROVED: Village President -2- t � � at�• , RES_.= ENAL REAL ESTATE L:JNT CT (PACE 1 OF4) r 1 t'THE PARTIES: Buyer and Seller are hereinafter referred to as the "Parties." oR PMh3dw �iTl1 2 Buyers) ��I� T•NUti`1�V+��C.A!'�4— -tit:• pp, t�( seuer(s) ..,..AL?, crF SuFVrALP CA•(iVE _ 3 (Please Print) (Please Print) q 2. THE REAL ESTATE.: Real Estate shall be defined to include the real estate and all improvements thereon. Seller agroes to convey to Buyer or to Buyer's designated 5 grantee, the Real Estate with the approximate lot size or acreage of �(o �� I 1 �kQ� F%f-T f <O-j CI e-d e51 6 7 8 9 t0 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 commonly known Address & County Unit is (if applicable) Penna c t Index Number(s) of Real Estate 3 FIXTURES AND PERSONAL PROPERTY: condition on the Date of Acceptance, unless otherwise stated herein. Seller agrees to transfer to Buyer all fixtures, all heating, electrical and plumbing s r er with the 1 b Bill of Sale' [Check or enumerate applicable items] following Items of persona property y Tacked Down Carpeting _Fireplace Screen(s)/Door(s) _Central Air Conditioning _Refrigerator Oven/Range /Stove _All I Window Treatments & Hardware _ Fireplace Gas Logs _ Electronic or Media Air Filter _ Microwave —A] or Attached Shelving _ EX istin crcens _Central Humidifier _ _ Dishwasher —Built-in _ Smoke Detectors) _ curity Systems) _ Sump Purri Water Softener (owned) _ Garbage Disposal _ Ceiling Fan(s) _ Intercom System Central Vac & Equipment _ Outdoor Shed _Trash Compactor Washer _ TV Ant em _ in ow Air Conditioner(s) _ _Electronic Garage Door Opener(s) _ _Attached Gas Grill _ All Planted Vegetation with 77 _Dryer I e cote system _ I-lomc Warranty $ %11Z -401 , 5SM Phone Numher(s) Other items included Items NOT included: Seller warrants to Bttr A system or item shall be deemed to be in operating 4 PURCHASE PRICE: Purchase price of $ 0. shall be paid as follows: initial earnest money of $ —rrT40 _ by thee , (eesh}- er('ntrte due on 4.a teC1 ey GWC37 tir ) to be increased to a total of $ nr p by .Thc Gamest money and lire original of this Contract shall be held by the Listing Company, as "Esi;4 c', in trust for the mutual benefit of the Parties. The balance of the Purchase Price, as adjusted by prorations, shall be paid at closing by wire transfer of funds, by certified, cashier's, mortgage lender's or title company's check (provided that the title company's check is guaranteed by a licensed title insurance company). 5 ACCEPTANCE:.Eamest money shall be returned and this offer shall be void if not accepted on or before O CA O U4 Q ?-A - 1no I 6. MORTGAGE CONTINGENCY: This ear tinct ISM ri runt P.11 BUY" Obtaillif 6.11 M1,01 ditional X ilt ... ... M sI On It it le It texccpt Fb I little 9 MF i or (natters totally within Buyer's control) on or before for a oan of $ or such lesser amount as Buyer elects to take, plus private mortgage insurance (PMI), if required. T crest rate (initial rate, if applicable) shall not exceed % per annum, amortized over not less than years. Buyer shall pay loan originati and/or discount points not to exceed —% of the loan amount. Seller shall pay loan origination fee and /or discounlpoints not to exceed %of the . nounl.Thoscfces /pointscommitted to by Buyer shall be applied first. Buyer shall pay the cost of application, usual and customary processing fees and clo ' osts charged by lender. (If FHA/VA, refer to Paragraph #38 for additional provisions.) Buyer [check one) ❑ will 0 will not lock in the interest rate at ne of loan application. Buyer shall make written loan application within seven (7) calendar days after the Date of Acceptance. FAILURE TO DO SO SH INSTITUTE AN ACT OF DEFAULT UNDER THIS CON- TRACT. ((Buyer, having applied for the loan specified above, is unable to obtain a It coin It and serves written notice to Seller within the (line specified, this Contra , shall be null and void and earnest money refunded to Buyer upon written direction artics to Escrowee. IF WRITTEN NOTICE IS NOT SERVED WITHIN THE TIME SPECIFIED, BUYER SHALL BE DEEMED TO HAVE WAI IS CONTINGENCY AND THIS CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT. UNLESS OTHERWISE PROVIDED HERE IS CONTRACT SHALL NOT BE CONTINGENT UPON THE SALE AND /OR CLOSING OF BUYERS' EXISTING REAL ESTATE. A CONDIT THE MORTGAGE COMMITMENT REQUIRING SALE AND /OR CLOSING OF EXIST 4G REAL ESTATE SHALL NOT RENDER THEM GE COMMITMENT CONDITIONAL FOR THE PURPOSE OFTHIS PARAGRAPH. IFSELLERATSHLLER'S OPTION AND EXPENSE, WIT IRTY (30) DAYS AFTER BUYER'S NOTICE, PROCURES FOR BUYER SUCH COMMMITMENT OR NOTIFIES BUYER THAT.SELLE ACCEPT A PURCHASE MONEY MORTGAGE UPON THE SAME TERMS, THE CONTRACT SHALL REMAIN IN FULL FORCEAND . iN SUCH EVENT, SELLER SHALL NOTIFY BUYER WITHIN FIVE (5) BUSINESS DAYS AFTER BUYER'S NOTICE OFSELLER'S ELEC O PROVIDE OR OBTAIN SUCH FINANCING, AND BUYER SHALL FURNISH TO SELLER OR LENDER ALL REQUESTED INFORMATION 7. CLOSING: Closing or escrow payout shall be on S( j✓ II , or at such time as mutually agreed upon, by the Parties, in writing. This sale shall be closed at the title company escrow office situated geographically nearest the Real Estate, or as shall be agreed mutually by the Parties. R POSSESSION Possession shall be deemed to have been delivered when Seller has vacated premises and delivered keys to premises to Buyer or to Listing Office. �Se ter shall deliver possession to Buyer [check gnly onel: a) at the time of closing; OR Do not complete the following option (b) unless possession is not to he delivered at closing.] ❑ (b) by 11:59 P.M. on , provided sale has been closed. In the event possession is not to be delivered at closing, Seller agrees to pay at closing the sum of $ per day to Buyer for use and occupancy from and including the day alter closing to and including the possession date specified above, regardless of whether possession is delivered prior to the possession date. (See Paragraph #18) I let 9 RESIDENTIAL REAL ESTATE AND LEAD -BASED PAINT DISCLOSURES: received a completed Illinois Residential Real Pro rt Di o receive t c EPA Pamphlet, "Protect Your Family From Lead in Your 10 PROBATIONS: Proratable items shall include, without limitation, rents and deposits (if any) from tenants, utilities, water and sewer, homeowner's or condominium association fees. Seller reprcsents that as of the Date of Acceptance Homeowner Association /Condominium fees are S A/IA1 per Seller agrees to pay prior to or at closing any special assessments (governmental or association) confirmed prior to Date of Acceptance *ne eke tortes shell be l5roralcu as or Eric ZIM! 01 closing twed un �I; of it v inst c,,, ascc III table fitil II prorations shall be final as of closing, except as provided in paragraph l9. TF1 ,FQn4�,R'C`( Sj f.URQE/v"Sl.`( fin¢. hyQ'S GaJt"r-v R''GAt, 1= .sTF3'f4_ - T%A)(r. �, I1 OTHER PROVISIONS: This Contract is subjec to the GENERAL CONDITIONS and those OPTIONAL PROVISIONS selected for use and initialed by the Parties which arc contained on the succeeding pages and the following attachments, if any: BINDING CONTRACT WHEN SIGNED BY ALL PARTIES AND DELIVERED 71 DOCUMENT WILL BECOME A LEGALLY yy /I __THIS (-A, I O ��..► / ^Q / 72 CA r Date o( Offer A Az-:, DATE O CEPS NC/ _ `/ / V�r /I�{7 73 /YI Du ignatur� —mil iMl% sto � t a 4�1- gociul S,,,c y No. f ign / Social riry No 74 Buyer Signature Social Security No. ell Sig tt Hartstein Social Security No. fio 7s Prim uyer((s) PrintSell�)N�tdVpp Blvd. 76 A%_Ss 3c yA a e V 610 - Address[� CHs'{, Buo Address Buffalo Grove, IL 60089 S L 77 City SIU1C �tp City State Zlp 847 - 459 -2525 78 %11Z -401 , 5SM Phone Numher(s) _ Entail Phone Numbers) Email FOR INFORMATION ONLY 79 Sclling ORcc - - -- MLS # Listing Ornce MLS a St) Selling Agcnt MLS# Email Lislinp Apcm MLS# Email 81 — Address, City. ST'. Zip Address. Cary. ST. Zip 92 Phone No, Pat Nu. ` Plimn, Nn tax N. 83 sayer ', Auomcy Lm.d Scllcr's Aaomm Gnail R4 -- Address Address - 85 -- _ -- Ph.. No, Fas No. Plmne No tax No. R6 Monpapc Company Loan CPU,, Phnnc No. - EXHIBIT A - 87 88 99 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 II 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 .32 133 134 135 136 137 139 139 140 141 142 14 3, 144 145 146 147 149 149 150 151 152 153 154 155 156 157 159 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 IND 191 192 183 194 195 186 197 188 199 190 191 192 193 194 GENE NDITIONS FOR .; E 2 OF 4) (Rc l Brine Address) 12, PROFESSIONAL. INSPECTIONS: lead-based paint hazards (unless separately waived), and/or wood insect infestation inspcction(s) of said Real Estate by one or more professional inspection servi r shall serve written notice upon Seller or Seller's attorney of any defects disclosed by the inspection(s) which are unacceptable to Buyer, together w' of the pertinent page(s) of the report(s) within five (S) business days (ten (10) calendar days for alead -based paint and/or lead -based paint hazard i a ter Date ofAcceptance. IF WRITTEN NOTICE IS NOT SERVED WITHIN THE TIME SPECIFIED, THIS PROVISION SHALL BE DEEM t4TGED BY PARTIES AND THIS CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT. If within ten (10) business days after Date of , written agreement cannot be reached by the Parties with respect to resolution of inspection issues, then either Party may terminate this Contract by wn o 'cc to the other Parry and THIS CONTRACT SHALL BE NULL AND VOID AND EARNEST MONEY REFUNDED TO BUYER UPON WRITT ON OF THE PARTIES TO ESCROWEE. The home inspection shall cover ONLY the major components of the Real Estate, including but not limited a eating systenn(s), central cooling system(s), interior plumbing system, electrical system, roof, walls, ceilings, floors, appliances and foundalio component shall be deemed to be in operating condition if it performs the function for which it is intended, regardless of age, and does not constitute a t a t or safety. Buyer shall indemnify Seiler and hold Seller harmless from and against any loss or damage caused by the acts or negligence of Buyer or on performing such inspection(s). BUYER AGREES MINOR REPAIRS AND ROUTINE MAINTENANCE ITEMS ARE NOT PART OF THIS 13, ATTORNEY IN VI .W: The respective attorneys for the Parties may approve, disapprove, or make modifications to this Contract, other than stated purchase price, within five (5) business days after the Date of Acceptance. Disapproval or modification of this Contract shall not be based solely upon stated purchase price. Any notice of disapproval or proposed modification(s) by any party shall be in writing. If within ten (10) business days after Date of Acceptance written agreement on proposed modification(s) cannot be reached by the Parties, THIS CONTRACT SHALL BE NULL AND VOID AND EARNEST MONEY REFUNDED TO BUYER UPON WRITTEN DIRECTION OF THE PARTIES TO ESCROWEE. IF WRITTEN NOTICE IS NOT SERVED WITHIN THE TIME SPECIFIED, THIS PROVISION SHALL BE DEEMED WAIVED BY THE PARTIES AND THIS CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT. 14, PLAT OF SURVEY: not more than six (6) months prior to the date of closing, by an Illinois registered land surve ors n s o a or lines, all easements of record, building set back lines of record fen ventents on the Real Estate and distances thereof to the nearest two lot lines. (Sec Optional 15, NOTICE: All notices required shall he in writing and shall be served by one Party or his attorney to the other Party or his attorney. Notice to any one of a multiple person Party shall be sufficient notice to all. Notice shall he given in the following manner: a. By personal delivery of such notice; or b. By mailing ofsuch notice to ilme addresses recited herein by regular mail and by certified mail, return receipt requested. Except as otherwise provided herein, notice served by certified mail. shall be effective on the date of majltng ; of c. By sending facsimile transmission. Notice shall be e0cctive as of date and time of facsimile transmission, provided that file notice transmitted shall be sent on business days during business hours (9:00 A.M. to 5:00 P.M. C'hicago.time)_ In the event fax notice is transmitted during non - business hours, the effective date and time of notice is the first hour of the 11 rst business day after transmission. 16. THE DEED: Seller shall convey or cause to be conveyed to Buyer, or Buycr's designated grantee, good and merchantable title to the Real Estate by recordable general Warranty Decd, with release of homestead rights, (or the appropriate decd irtitle is in trust or in an estate), and with real estate transfer stamps to be paid by Set lcr (unless otherwise designated by local ordinance). Title when conveyed will be good and merchantable, subject only to: general real estate taxes not due and payable at the time of closing, covenants, conditions, and restrictions of record, building lines and easements, if any, so long as they do not interfere with the current use and enjoyment of the Real Estate. Seller's obligation will be to furnish the documents se lortlm in Paragraph # 17. 17. TITLE: At Seller's expense. Seller will deliver mr cause to he delivered to nuycr or Buyer's attorney within customary time limitations and sufficiently in advance of closing as evidence of title in Seller or Grantor a title commitment Ibr an ALTA title insurance policy in the amount of the purchase price with extended coverage by a title company licensed to operate in the State of Illinois, issued on or subsequent to the Date of Acceptance of this Contract, subject only to items listed in Paragraph # 16. The requirement of providing extended coverage shall not apply if the Real Estate is vacant land. The commitment for title insurance furnished by Seller will be conclusive evidence ofgood and merchantable title as therein shown, subject only m the ewepuons therein stated. If the title cnmmniutnent discloses unpennircd exceptions, or if the Plat of Survcy shows any encroachments which are not acceptable to Buyer, then Sclicr shall have said exceptions or encroachments removed, or have the title insurer commit to insure against loss or damage that may be caused by such exceptions or encmachnments. If Scllcr fails to have unpermitied exceptions waived or title insured over prior to closing, Buyer may elect to take the bite as it then is, with the right to deduct from the purchase price prior encumbrances of a definite or ascertainable amount. Seller shall furnish Buyer at closing an Affidavit of Title covering the date of closing, and shall sign any other customary torn required for issuance of an ALTA Insurance Policy. 18. POSSESSION ESCROW: r cscrowcc as agreed to by the Parties and escrowee by separate check, tine sum of two percent (2 %) of file purchase price to guarantee that possess state shall be delivered to Buyer on or before the date and time specified in this Contract. It possession is so delivered, the escrow fun o . c11cr. If possession is not so delivered, the designated cscrowcc shall pay to Rover from tine escrow funds the sum of 1. 15th of the de o possession is withheld from Buyer after such specified date and lime, and shall pay the balance of the escrow fund, if any, to Seller. In d • • • , ssession is not delivered to Buyer within fifteen ( 15) calendar days after the date specified herein. Seller shall continue to be liable to Bu money equal to P] 51h of [he possession escrow suns specified herein for each day possession is so withheld from Buyer, without pre 'u rig its or remedies available to Buyer. Unless otherwise agreed, said escrow shall be held solely for the purpose of paynncnt orally sums„ 19 REAL ESTATE PROPERTI T X ES ROW: !h illy ...... r +h- n•.•,' r-matn s t , f h... h h y h d .t h nth (1) riint If the purchase price shall be deposited in escrow with the title companv with the cost of the escrow to be divided equally by Buyer and en t c exact amount of the taxes prorated under this Contract cram he ascntainctl, the cues shall be cy a t he request of either Party, and the Seller's share of (ch Iax,liabilify oiler rcproration shall h _ escrow rinds and the balance, if any, shall be paid to the Seller. If the Seller's obligation after such 20. PERF_ ORMANCF: Time is of the essence of this Contract. In the event of default by Seller or Buyer, the Parties arc five to pursue any legal remedies at law or in equity. The prevailing Party in litigation shall be entitled to collect reasonable tutor)ney's fees and costs from the losing Party as ordered by a court of connpetent jurisdiction. There shall be no disbursement ofearnest stoney unless Escrowec has been provided written agreement fionn Seller and Buyer. Absent an agreement relative to the disbursement of earnest money within a reasonable period of iime, Escrowec may deposit hinds with the Clerk of the Circuit Court by the filing of an action in the nature of interpleader. Escrowec shall be reimbursed from the carnes[ money for all costs, including reasonable attorney's fees, related to the filing of the integtleader action. Seller and Buyer shall indemnify and hold Escrowec harmless from any and all conflicting claimms and demands at under this paragraph. 21 DAMACF TO REAL ESTATE PRIOR TO CLOSING: casualty, of the Real Estate is taken by condemnation, then Buyer shall have file option of lemninating this Contract and recei✓ I Ty, It or of accepting the Real Estate as damaged of destroyed, together with the proceeds of any insurance s ruction or damage, which proceeds Scllcr agrees to assign to Buyer. Seller shall not be obligated to re Improvements. The provisions of the Unifomn Vendor and Purchaser Risk Act of the State of Illinois shall be 22. SELLER REPRESENTATIONS: Seller warrants and represems that he has not received written notice horn any Govemmcntal body or Homeowner's Association of (a) zoning, building, fire or health code violations that have not been corrected: (b) any pending rezoning; or (c) co iftmnation orally special assessment affecting the Real Estate. Scllcr further warrants and represents that Seller has no knowledge of boundary line disputes or casements or claims of casement not shown by the public records or orally hazardous Wnste on the Real Estate Seller represents that there have been no improvements to the Real Estate which arc not included in hell in the detemnination of the most recent real estate tax assessment, or which are eligible for hone improvement tax exemption. 23 CONDITION OF REAL ESTATE AND INSPECTION: Seller agrees m (cave the Real Estate in broom clean condition. All refuse and personal property that is not to be cmrvcyed to Buyer shall be removed from the Real Estate at Seller's expense before possession. Buyer shall have the right to inspect the Real Estate, fixtures and personal property within 72 hours prior to closing to verify Ihal the Real Estate. inmprovements and included personal property are in substantially the same condition as of the Date of Acceptance of this Contract, normal wear and tear excepted. 24. GOVERNMENTAL COMPLIANCE: Panics agree to comply with the reporting rcq u i I cnents of the applicable sections of the Internal Revenue Code and the Real Estate Sett lenient Procedures Act of 1974, as amended. 25. ESCROM' CLOSING: At the election of either Party, not less than live (5) business days prior to the closing. [his sale shall be closed through an escrow with the lending institution or the title company in accordance with the provisions of the usual foam of Decd and Money Escrow Agreement as agreed upon between the Parties, with provisions inserted in the Escrow Agrecnment as may be required tin contonu with this Contract. The cost of the escrow shall he paid by the Party requesting the escrow. 26. FLOOD INSURANCE: Buyer shall obtain flood insurance if required by Buyer's lender. 27. FACSIMILE: Facsimile signatures shall be sufficient for purposes of executing, negotiating, and finalizing this Contract. 28. BUSINESS DAYS: Business days are defined as Monday through Friday, excluding Federal holidays. 29. CONDOMINIUMS: conflicting terms. - 1. Title when conveyed shall be good and merchantable, subject to terms, provisions, covenants and conditions of the Declaration of Condominium and all a ncnts; public and utility casements including any casenments established by or implied fiom the Declaration of Condominium or amendments thereto; party wall and agreements; limitations and conditions impose] by the Condominium Property Act; installments due after the date of closing of general assessments es fed pursuant to the Declaration of Cmmdominiunn. 2. Seller shall be responsible for all regular assessments due and levied prior to closing and for all special assessmen coned prior to the Date of Acceptance. 3. Buyer has, within five (5) business days front the Date ol'Aceep[ancc of this Contract, the right to denmand eller items as stipulated by the Illinois Condominium Property Act. The contract is subject to Ole condition dint Seller be able to procure and provide to B , release or waiver of any option of first refusal or other pre- emptive rights of purchase created by the Declaration of Condominium within the time established eclaralion. In the event the Condominium Association requires personal appearance of Buyer and /or additional documentation, Buyer agrees to comply w' le. 4. In the even[ the documents and information provided by the Seller to I cr disclose that the existing improvements are in violation of existing rules, regulations or other restrictions or that the terns and conditions contained within th unments would unreasonably restrict Buyer's use of the premises or would increase the financial consider- aliens which Buyer would have to extend in conncclua the owning of tine condominium, then Buyer may declare the Contract null and void by giving Seller written notice within seven (7) calendar days after the mcei c documents and information required by Paragraph #29 -3, listing those deficiencies which are unacceptable to Buyer, and thereupon all earnest money deposi uyer shall be returned to Buyer upon written direction of Parties to cscrowcc. IF WRITTEN NOTICE IS NOT SERVED WITHIN THE TIME SPECIFIED SHALL BE DEEMED TO HAVE WAIVED THIS CONTINGENCY, AND THIS CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT. be obligated to provide a condominium survey. 30 CHOICE OF LAW /GOOD FAITH: All icons and provisions of this Contract including, but not limited to, the Attomey Review and Professional Inspection paragraphs, shall be governed by the laws of the State of Illinois and are subject to the covenant of good faith and fair dealing implied in all Illinois contracts. LEGAL FORMS. CHICAGO. IL 13121372-1922 WARRANTY DEED Statutory (ILLINOIS) (General) CAUTION'. Consult a lawyer before using or acting under this form. Neither me publisher rw the sal ar of this form makes any wanangr with respect manta. inckNfirg any warranty of msichentabikty or Jilneaa Jar a Panic" purpose. THE GRANTOR (NAME AND ADDRESS) Village of Buffalo Grove, an Illinois Municipal Corporation, 50 Raupp Boulevard Buffalo Grove, IL 60089 (The Atwae Space For Rtc(3ndef s Use Only) of the Village of Buffalo Grove County of Cook and Lake , State of Illinois for and in consideration of Ten and 00 /100ths _ DOLLARS, in hand paid. CONVEYS and WARRANTS_ to Avis Investments, Inc. (NAMES AND ADDRESS OF GRANTEES) the following described Real Estate situated in the County of Lake in the State of Illinois, to wit: (See reverse side for legal description.) hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois. SUBJECT TO: General taxes for 2002 and subsequent years and Permanent Index Number (PIN): 15 -33 -300 -016 (part of) Address(es) of Real Estate: vacant a /k /a 20145 North Buffalo Grove Road DATED this day of 3902 (SEAL) (SEAL) PLEASE Elliott Hartstein Janet Sirabian PRINT OR TYPE NAME(S) Village President Village Clerk BELOW (SEAL) (SEAL) SIGNATURE(S) -- State of Illinois. County of SS. 1, the undersigned. a Notary Public in and for said County. in the State aforesaid. DO HEREBY CERTIFY that Elliott Hartstein, Village President, and Janet Sirabian, Village Clerk, personally known to me to be the same persons whose names subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that —they— signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes IMPRESS SEAL HERE therein set forth, including the release and waiver of the right of homestead. Given under my hand and official seal, this — day of — Commission expires _ 20 NOTARY PUBLIC This instrument was prepared by William G. Raysa, 22 S Washington Ave Park Ridge IL 60068 (NAME AND ADDRESS) CFF Rg=VFRSF SIDE ► — EXHIBIT B — Pgat P eSrr4iti t of premises commonly known as vacant land — 20145 _North Buffalo Grove Road, Buffalo Grove, Illinois 60089. THAT PART OF THE SOUTHWEST I/a OF THE SOUTHWEST 1/a OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTER OF McHENRY ROAD DISTANT 753.5 FEET NORTH 33 DEGREES 40 MINUTES WEST FROM THE INTERSECTION OF CENTER OF ROAD AND SOUTH LINE OF THE SOUTHWEST t/a OF SAID SECTION 33; THENCE AT RIGHT ANGLES TO THE CENTER LINE OF SAID ROAD NORTH 56 DEGREES 20 MINUTES EAST 222.0 FEET; THENCE NORTH 33 DEGREES 40 MINUTES WEST 167.0 FEET; THENCE WEST 2.97 FEET; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE 220.15 FEET TO A POINT IN SAID McHENRY ROAD, 165.0 FEET NORTH 33 DEGREES 40 MINUTES WEST OF THE POINT OF BEGINNING; THENCE SOUTH 33 DEGREES 40 MINUTES EAST 165.0 FEET TO THE POINT OF BEGINNING, (EXCEPT THE NORTHEASTERLY 34.0 FEET THEREOF AS MEASURED AT RIGHT ANGLES WITH THE NORTHEASTERLY LINE), IN LAKE COUNTY, ILLINOIS. PIN: 15 -33- 300 -016 (part of) (Name) MAIL TO: (Address) (city, state and Zip) OR RECORDER'S OFFICE BOX NO. PAGE 2 SEND SUBSEQUENT TAX BILLS TO: (Name) (Address) (City, State and Tip) AVIS INVESTMENTS INC. SINCE 1960 RIDER TO CONTRACT Village of Buffalo Grove Tax Parcel # 15 -33 -300 -016 Approximately 22,067 Square Feet October 22, 2001 1. This Rider is part of the Sales Contract to which it is attached, and in case of conflict the provisions of this Rider will prevail. 2. This Contract is subject to the Purchaser obtaining Residential Zoning or such other zoning as Purchaser may desire from all needed municipalities within the Property's jurisdiction, and conduct inspection, environmental, engineering and soil reports to confirm the general feasibility of Purchaser's project and review the costs and fees for Purchaser's project. The Purchaser shall put every effort into obtaining such approvals within reasonable time, however will not exceed April 30, 2002. Said investigations will be at the sole cost of the Purchaser. Purchaser will notify Seller in writing if, in Purchaser's sole discretion, Purchaser determines that the Real Estate is not suitable for the Purchaser's proposed development. Upon said notification, this Real Estate Sales Contract shall be terminated and all earnest money returned to Purchaser. If Purchaser has been acting in good faith to receive such approvals, Purchaser and Seller may mutually agree to extend said time. 3. Closing of the Contract shall be within sixty (60) days after the above conditions have been met. 4. Upon execution of this Contract, Seller will grant to Purchaser, it's employees, agents and Sub - Contractors the right to enter upon a forty -eight hour (48) notice the Real Estate and perform all tests deemed necessary by the Purchaser at Purchaser's sole cost and expense. Seller agrees to reimburse Purchaser at closing the normal and customary cost for the preparation of a survey of the subject property. The cost to Seller of such survey shall not exceed Three Hundred Dollars ($300.00). Said survey will be prepared by a surveyor chosen by Purchaser. Purchaser shall obtain a title commitment for an owner's title policy and Seller agrees to reimburse Purchaser at closing for the normal and customary cost thereof. Seller acknowledges that Seller is aware that Purchaser's proposed development requires Purchaser to purchase certain parcels of real estate adjacent to the Real Estate. This transaction is contingent upon the concurrent 2515 NORTH SEMINARY • SUI"1'E I • CHICAGO, ILLINOIS 60614 • T: (312) 401 -3448 e F: (773) 525 -3448 Real fi'state Developers / Investors closing of the sale to Purchaser of such adjacent lots, as Purchaser deems necessary for Purchaser's proposed development. Purchaser shall notify Seller when all conditions to the closing have been met and the Closing shall occur within sixty (60) days after such notice at such time and place as Purchaser may designate. Purchaser may terminate this Real Estate Sales Contract upon the delivery of written notice to Seller of the failure of the conditions set forth herein, in which event the earnest money shall be returned to Purchaser and neither party shall have any claims against the other in connection herewith. 8. Notwithstanding the foregoing, this time period shall not exceed April 30, 2002. Purchaser Date IL)/zz %(.) 1 Seller Date 11-15P-61 STATE OF ILLINOIS ) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on May 6, 2002, the Corporate Authorities of the Village passed and approved Ordinance No. 2002 -25, entitled: An Ordinance Directing the Sale of Real Estate commonly known as 20145 North Buffalo Grove Road which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2002 -25, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on April 20, 2002, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 20th day of April, 2002. page Clerk By ORDINANCE NO. 2002- 25 LIRfI RIA AN ORDINANCE DIRECTING THE SALE OF REAL ESTATE COMMONLY KNOWN AS 20145 NORTH BUFFALO GROVE ROAD WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE AND COOK COUNTIES, ILLINOIS, as follows: Section One: That the Corporate Authorities of the Village of Buffalo Grove are of the opinion and find that the following described real estate: THAT PART OF THE SOUTHWEST t/4 OF THE SOUTHWEST '/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTER OF McHENRY ROAD DISTANT 753.5 FEET NORTH 33 DEGREES 40 MINUTES WEST FROM THE INTERSECTION OF CENTER OF ROAD AND SOUTH LINE OF THE SOUTHWEST' /4 OF SAID SECTION 33; THENCE AT RIGHT ANGLES TO THE CENTER LINE OF SAID ROAD NORTH 56 DEGREES 20 MINUTES EAST 222.0 FEET; THENCE NORTH 33 DEGREES 40 MINUTES WEST 167.0 FEET; THENCE WEST 2.97 FEET; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE 220.15 FEET TO A POINT IN SAID McHENRY ROAD, 165.0 FEET NORTH 33 DEGREES 40 MINUTES WEST OF THE POINT OF BEGINNING; THENCE SOUTH 33 DEGREES 40 MINUTES EAST 165.0 FEET TO THE POINT OF BEGINNING, (EXCEPT THE NORTHEASTERLY 34.0 FEET THEREOF AS MEASURED AT RIGHT ANGLES WITH THE NORTHEASTERLY LINE), IN LAKE COUNTY, ILLINOIS, PIN: 15 -33- 300 -016 (part of) which is presently owned by the Village of Buffalo Grove and is vacant and is no longer necessary or appropriate, required for the use of , profitable to or for the best interests of the Village of Buffalo Grove. Section Two: That said legally described real estate ( "Subject Property ") shall be sold pursuant to this ordinance and the Village's home rule power and authority and not pursuant to Illinois statutes. Section Three: That the Corporate Authorities of the Village hereby accept, ratify, and confirm the Residential Real Estate Contract for the sale of the Subject Property which is attached hereto and made a part hereof as Exhibit A. FABuffalo Grove\OrdinancesWirecting Sale of 20145 N.Buf.Grovc Rd. (4- 23- 02).doc Section Four: That the Village President and Village Clerk are hereby directed to execute the Warranty Deed attached hereto and made a part hereof as Exhibit B. That the Village President and Village Attorney are hereby authorized and directed to take such action and execute such documents as are necessary to effectuate the sale. Section Five: This ordinance shall be in full force and effect from and after its passage and approval by three - fourths of the Corporate Authorities then holding office. This ordinance shall not be codified. AYES: 6 - Braiman, Glover,Berman, Johnson, Kahn, Trilling NAYS: 0 - None ABSENT: 0 - None PASSED this 6th day of May 2002. APPROVED this 6th day of May , 2002. ATTEST: 9��41_yv Q Villag erk APPROVED: [y% Village President -2-