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HomeMy WebLinkAboutResolution #3343RESOLUTION NO. 3 34 3 A RESOLUTION APPROVING AN AGREEMENT FOR THE SALE OF REAL ESTATE BETWEEN THE CITY OF CANTON AND VIRDEN L. TROTTER (FIREHOUSE #2) WHEREAS, on July 9, 1996 the Clerical Committee of the Canton City Council accepted a bid from Virden L. Trotter in the amount of $45,181.00 to purchase the former Firehouse #2 contingent upon rezoning; and, WHEREAS, on September 3, 1996 an ordinance was adopted rezoning said real estate in accordance with the request of Virden L. Trotter; and, WHEREAS, the tenants of said real estate have been given notice to terminate the tenancy in accordance with the lease; and, WHEREAS, the City Council of the City of Canton, Illinois has determined that it is in the best interest of the City of Canton to approve said Agreement providing for the sale of Firehouse #2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That said Agreement providing for the sale of certain city owned realty, a copy of which is attached hereto and made a part hereof as Exhibit A, is hereby approved, said Agreement be subject to and effective pursuant to the terms and conditions set forth therein. 2. That the City Attorney shall conclude the transaction with Virden L. Trotter in accordance with the ordinances heretofore adopted by preparing standard contract for sale, obtaining title evidence, preparing deed, etc. in order to close said transaction on or before February 18, 1997. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this 15 thday of October, 1996, upon a roll call vote as follows: AYES: Aldermen Molleck, Hartford, Sarff, Phillips, Nidiffer, Meade, Shores, May. NAYS: None . ABSENT: None . APB'-RyOVED: ~ ., ~~~ ~~ ~ Donald E. Edwards, Mayor Attest: Nancy White, City Clerk. ~. AGREEMENT NO. AN AGREEMENT PROVIDING FOR THE SALE OF CERTAIN CITY OWNED REALTY WHEREAS, the City of Canton, an Illinois municipal corporation, is the owner of certain real property hereinafter more particularly described which such real property has been by said City determined to be no longer necessary, appropriate, required for the use of, profitable to, or for the best interest of the City of Canton; and, WHEREAS, Virden Trotter desires to purchase such real property from the City of Canton. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. SELLER: The Seller of the real property hereinafter described is the City of Canton, an Illinois municipal corporation, having its main office located at 210 East Chestnut Street, Canton, Illinois 61520, hereinafter to as the "City". 2. BUYER: The Buyer of the real property hereinafter described is Virden L. Trotter whose permanent mailing address is 1126 S. Fifth Avenue, Canton, Illinois, hereinafter referred to as the "Buyer". 3. SUBJECT MATTER: The subject matter of this agreement is certain real property located within the corporate limits of the City of Canton, Fulton County, Illinois with common address of 534 East Oak Street, Canton, Illinois. Said real property is legally described as follows, to-wit: Lots numbered thirty-one (31) and thirty-two (32) in Marshall and Fisher's First addition to the City of Canton, County of Fulton, State of Illinois. 4. CONSIDERATION: (a) The consideration supporting this agreement is made up of the mutual covenants and agreements herein set forth and payment of the cash sum of Forty-five Thousand One Hundred Eight-one and no/100 Dollars ($45,181.00) by Buyer to the City in lawful money. (b) Buyer has thus far made no down payment. The balance of the purchase price, less any credits shall be paid at the time of closing. 5. CONVEYANCE: The City shall convey title to said real property to Buyer by a good and sufficient warranty deed. 6. TITLE: The City shall show proof of merchantable title in said real property to Buyer by either, in the City's sole discretion, supplying Buyer with an updated abstract of title or a commitment to insure title in the amount of the cash sum set forth in paragraph 4, above. In the event an abstract is provided by the City, it shall be updated only once at the City's expense. Proof of merchantable title as aforesaid shall be furnished by the City to Buyer within 30 days of the date of this agreement or, for good cause shown, at such other or further time as the parties may agree to; and such extension of time shall be accomplished by an instrument in writing. 7. DEFECTS IN TITLE: In the event Buyer makes objection to the status of title and, in the opinion of the City Attorney, such objection sets forth a bona fide defect causing title to not be merchantable, the City shall, in its sole discretion, cure such defect within 60 days of Buyer's making of such objection or declare this agreement to be null and void provided, however, that the City return to Buyer any earnest money deposit without interest and, still further, providing that Buyer release to the City the original of the abstract of title or commitment to insure title. 8. CLOSING: Closing shall take place on or before February 19, 1997 at the City's main office as set forth in paragraph 1, above. 9. TAXES AND UTILITIES: General real estate taxes, utilities and special assessments, if any, shall be prorated between the City and Buyer according to their respective time of possession of the premises. The City shall be responsible for all general real estate taxes, utilities and special assessments, if any, which are levied or placed against said premises in any year preceding the instant year and which are now legally cognizable, due and owing. The City may, at its election, allow some or all of its share of such general real estate taxes, utilities and special assessments, if any, as a credit against the cash sum due and owing to the City from the Buyer, all as set forth in paragraph 4, above. If such credit is given by the City to the Buyer, the Buyer hereby covenants and agrees to hold the City whole and harmless on account thereof. 10. ZONING AND USE OF PREMISES: The above described premises have been rezoned to B-2, General Commercial District under the City of Canton's zoning ordinance(s), as amended. The use of the premises shall be governed by reference to such zoning ordinance(s) as the same presently exists and as such zoning ordinance(s) may be amended. No notice has been received by the City concerning any zoning code violations. 11. TENANCY/OCCUPANCY/POSSESSION: The City has given statutory notice to the tenant to terminate its lease on or before February 18, 199'7. The City will be responsible for evicting the tenant should that need arise. 12. SELLERS REPRESENTATIONS: Sellers represent as follows: (a) That Sellers have not received any notice from any governmental body of any ordinance or building code violation or pending rezoning, reassessment, or special assessment proceedings affecting the premises; (b) All of the plumbing, heating, ventilation, air conditioning and electrical systems which are a part of the improvements to the premises will be in working order on the day of closing. Buyer may have a final walk-through immediately prior to the closing to confirm that such equipment is in fact in working condition. However, Buyer understands that there is no continuing warranty as to the operating condition of any such equipment or to the operating condition of any of such equipment or systems and that Buyer shall have no cause of action against the Seller in the event said systems cease to operate at any time after the closing of this transaction. (c) All mechanical equipment, heating and cooling equipment, water heaters and softeners, septic and plumbing systems, electrical systems, kitchen equipment remaining with the premises, and any other miscellaneous mechanical personal property will be transferred to the Buyers; (d) All of the structural components of the improvements to the real estate, including, without limitation, window glass, doors and walls, will be in average condition on the day of closing, without holes or broken panes of any kind. After the date of closing, Buyer understands that the property is being purchased "as is" and that Seller has no further responsibility to make any repair or improvements of any kind to any of the structural improvements on the property. 13. INSPECTION: Buyer shall be permitted reasonable inspection of the premises prior to closing. If there has been unreasonable amount of damage done to the structural improvements on the property or the components of the plumbing, heating, air conditioning, ventilation or electrical systems, then Buyer may have the right to withdraw from this contract and receive a full refund of his downpayment. 14. PERFORMANCE: Time is of the essence of this contract. Should Buyer fail to perform this contract, then at the option of Seller and upon written notice to Buyer, the earnest money shall be forfeited by Buyer as liquidated damages and this contract shall thereupon become null and void and sellers shall have the right, if necessary and applicable, to reenter and take possession of the premises aforesaid, and all right and title to the premises and any and all improvements made upon such premises by Buyer shall vest in Seller. In the event of Buyer's failure to perform, Seller shall not be limited to the earnest money deposited as liquidated damages for Buyer's default. Buyer or Seller shall pay all reasonable attorney fees and costs incurred by the prevailing party and enforcing the terms and provisions of this contract including forfeiture or specific performance, or in defending any proceeding to which Buyer or Seller are made a party as a result of the acts or admissions of the other party. 15. NOTICES: All notices required to be given under this contract shall be construed to mean notice in writing signed by or on behalf of the party giving same, and served upon the other party or attorney personally or deposited properly addressed to such party at the address herein set forth in the U.S. Mail postage paid, certified or registered mail, return receipt requested. 16. TRANSFER TAX STAMPS: Seller shall pay for the State of Illinois and County Real Estate Transfer Tax Stamps. 17. MERGER OF AGREEMENT: This Agreement contains the entire agreement between the parties hereto. All negotiations between the parties are merged in this Agreement and there are no understandings or agreement other than those incorporated in this Agreement. 18. ENVIRONMENTAL MATTERS: The City will provide BUYER with an affidavit that it has no knowledge of any environmental problem and that, to its knowledge, it has done nothing to cause an environmental problem on the premises. BUYER agrees he will not seek reimbursement or damages from the City should an unknown environmental problem be discovered after the closing of this transaction unless the City's affidavit is materially false or unless the City knowingly suffered or permitted such environmental problem during the term of the City's ownership of the property. IN WITNESS WHEREOF the City and Buyer have set their hands and seals to two originals thereof this ~~~day of ~~.FjjNUp~,r 1996. CITY OF CANTON, an Illinois municipal Corpora ' , By: ..,, ~-~~ . Attest: i i ancy Whites City Clerk (Corporate Se 1) ,/' Virden L. rotter, uyer AFFIDAVIT OF SELLER STATE OF ILLINOIS, ) SS. COUNTY OF FULTON. ) The undersigned, on behalf of and as the Mayor of the City of Canton, Illinois, a municipal corporation (Grantor), as the grantor of a deed of same date herewith conveying real estate to VIRDEN L. TROTTER, Grantee, hereby warrants and represents, having been first duly sworn,: 1. Grantor has executed the deed conveying real estate located in Fulton County in the State of Illinois, commonly known as City Firehouse #2, 534 East Oak Street, Canton, Illinois and legally described as follows: Lots Numbered Thirty-One (31) and Thirty-Two (32) in Marshall and Fisher's Addition to the City of Canton, County of Fulton and State of Illinois. 2. Affiant is over the age of eighteen years. 3. Grantor has furnished Grantee an accompanying Commitment for an Owner's Policy of Title Insurance and said Commitment discloses as of its date the true condition of title to said real estate. 4. At the time of delivery of the deed Grantor has marketable title in fee simple to the real estate and it is free and clear of all charges, liens, encumbrances or leases of every kind or description except those shown in the Commitment. 5. Except as disclosed in the Commitment Grantor has not executed or permitted anyone to exdecute on Grantor's behalf a) any deed' [except to Grantee], mortgage lien, security agreement, financing statement or other instrument affecting title to the real estate or any fixtures attached thereof; b) a contract to sell or any part of the real estate to any person, except to Grantee or assignor of Grantee; c) an option to purchase all or any part of the real estate enforceable or exercisable now or at any time in the future; or d) any appeal bond or recognizance is or might become a lien on the real estate, whether Grantor is principal or surety thereon. 6. Except as disclosed in the Commitment, Grantor is not a party to any action, suit or other proceeding, whether at law or in equity, in which a judgment or an order has been or could be given or entered in creation of a lien upon the real estate or affecting the conveyance of the real estate to Grantee free and clear of all liens. 7. Grantor has possession of the real estate and no other ~ person has a right to possession or claims possession of all or any part of the real estate. 8. There are no unpaid bills for labor or material which has been ordered, authorized or furnished for the real estate or which might operate to create a lien against the real estate. 9. All utility bills, association dues or other charges, the non-payment of which should result in creation of a lien against the real estate have been paid, or provision for their payment has been made. 10. Grantor, to the best of Grantor's knowledge, all predecessors in title have been in open, notorious, peaceable, visible, continuous, exclusive, uninterrupted, hostile and adverse possession of the real estate and any part thereof, under valid claim or color of title to the exclusion of all other persons whomsoever for more than the ten (10 ) years last past, and have paid all taxes and assessments (to the extent not exempt) from time to time due and payable thereon excepting such as have been assumed by Grantee. 11. That the Grantor has no knowledge of any environmental problem of any kind whatsoever on the premises being conveyed and, to its knowledge, it has done nothing to knowingly cause an environmental problem on the premises. 12. This Affidavit is to induce Grantee to accept delivery of the deed and is solely for the benefit of Grantee. Dated this 20th day of February, 1997. CITY OF TON, a municipal corporation, BY: Its Mayor STATE OF ILLINOIS, ) SS. COUNTY OF FULTON. ) I, the undersigned, a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that DONALD E. EDWARDS, as Mayor of the City of Canton, a municipal corporation, personally known to me to be the same person who name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as the .. -• free and voluntary act of the City of Canton for the uses and J purposes therein set forth. Given under my hand and Notarial Seal this 20th day of February, 1997. Notary Public "OFPT~C,c,,L SEAL" '< Susan B. ~ ' Hense,er ,< ~~ Notary Public, State of Illinois ;~ Commis ( )i 1, ~~~~~a~~~1~~~~F 1~~~ ~~~O~i~~ l