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HomeMy WebLinkAboutOrdinance # 1855ORDINANCE NO. 1tS55 AN ORDINANCE RATIFYING THE SALE OF THE FORMER CITY BOILING AT 210 EAST CHESTNUT STREET TO BRUKETTA ACCOUNTING, INC. WHEREAS, pursuant to the provisions of 65 ILCS 5/11-76-4.2, the sale of the former city building at 210 East Chestnut Street was negotiated by the staff of the municipality pursuant to notice as prescribed by law, and, WHEREAS, said real estate is describes as Lots 2 and 3 of Barnes and ]ones Addition to Canton, and, WHEREAS, the City Council of the City of Canton has accepted the offer of David A. Bruketta on behalf of Bruketta Accounting, Inc. to purchase the former city building at 210 East Chestnut Street, Canton as legally describes herein, for the sum of Thirty Nine Thousand Dollars. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Canton, Illinois as follows: 1. That the sale of said former city building, legally described as Lots 2 and 3 of Barnes and ]ones Addition to the City of Canton to David A. Bruketta, for the sum of Thirty Nine Thousand Dollars be and the same is hereby ratified. 2. A Limited Warranty Deed is to be provided to Bruketta Accounting, Inc. from the city upon payment in full of the purchase price. Passed. at a regular meeting of the City (,ouncil on the date of 3rd day of January, 2006, AYES: Schenck., Reed, Carl, West, Sarft, Berardi, Hartford. NAYS: None. ABSENT: Alderman Meade , ATTEST: Nancy Whites City Clerk APPROVED: REAL ESTATE AGREEMENT THIS AGREEMENT, made this '~~sr day of fLi~ , 2005 by and between, THE CITY OF CANTON, an Illinois Municipal Corporation, hereinafter called the SELLER(s) and DAVID A. BRUKETTA, hereinafter called the PURCHASER, 1. PURCHASER agrees to purchase and SELLER(S) agrees to sell to PURCHASER at the price of Thirty Nine Thousand and 00/100 ($39.000.00) property commonly known as 210 E. Chestnut Street, Canton, Fulton County, Illinois; Tax I.D. Number: hereinafter referred to as "the premises" or "the property" and legally described in Exhibit A, attached hereto and made a part thereof. together with all existing improvements and fixtures, if any, which shall be left on the premises and transferred to the PURCHASER at the time of closing including all appliances, all plumbing and electrical fixtures, hot water heater, central heating and cooling, fixed carpeting, cabinets, storm and screen windows and doors, blinds and shades, if any. 2. EARNEST MONEY: PURCHASER has paid One Thousand Dollars ($1,000.00) contemporaneously with the execution of this document as earnest money to be applied to the purchase price. The earnest money shall be held by SELLER(S) for the mutual benefit of the parties concerned and upon the closing of the sale, shall be applied against the balance due from PURCHASER. The balance of the purchase price shall be paid at closing. 3. CLOSING: The closing date for this transaction shall be on or about ~~ ~ , ~~', or earlier by mutual agreement of the parties. 4. POSSESSION: Initial partial possession of said premises (for purposes of roof repair) to be given to the PURCHASER at the time of signing of this agreement with complete and final possession at time of closing. In the event that this sale is not completed, PURCHASER shall be reimbursed by SELLER for the costs of roof repair incurred. 5. DEED: Upon complete payment and performance of the covenants herein contained, SELLER(S) will deliver to PURCHASER a properly executed Warranty Deed and Revenue Declaration conveying the premises in fee simple to PURCHASER. 6. FINANCING CONDITION: (a) This Contract is subject to the condition that on or before fourteen (14) days after this contract is executed, PURCHASER shall secure, or there shall be made available to PURCHASER, a written commitment for a loan to be secured by a mortgage or trust deed on the premises in the amount of one-hundred percent (100%) of the purchase price or such lesser sum as PURCHASER accepts; (b) If after the PURCHASER has submitted a true loan application and otherwise made every reasonable effort to procure a loan commitment from any source made available to PURCHASER and has been unable to do so, and after serving written notice thereof upon SELLER or SELLER'S attorney within 5 days of the time specified herein for securing such commitment, then this Contract shall become null and void, and all monies paid by PURCHASER hereunder shall be refunded, including roof repair costs incurred. IN THE EVENT PURCHASER DOES NOT SERVE Page 1 of 4 NOTICE OF FAILURE TO PROCURE SAID LOAN COMMITMENT UPON SELLER AS HEREIN PROVIDED, THEN THIS CONTRACT SHALL CONTINUE IN FULL FORCE AND EFFECT WITHOUT ANY LOAN CONTINGENCIES:(c) PURCHASER shall, at PURCHASER's expense, execute all documents necessary to procure a mortgage loan from any source. PURCHASER shall be allowed a reasonable time prior to closing to have a mortgage or trust deed placed of record and to arrange for access to the proceeds thereof, and any delays caused by PURCHASER'S lender shall not constitute a default by SELLER. SELLER(S) shall allow reasonable inspection of the premises by PURCHASER's lender and furnish any pertinent information requested by lender's representative. 7. SELLER's REPRESENTATIONS: SELLER(S) represents: (a) that SELLER(S) 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) that all equipment and appliances to be conveyed, including, but not limited to, the following are being sold "AS IS" meaning that PURCHASER takes the premises "AS IS," and that SELLER does not warrant anv aspect of the improvements to the above-described rp opertX: 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 miscellaneous mechanical personal property to be transferred to the PURCHASER. PURCHASER shall have the right to inspect the property during the 48-hour period immediately prior to closing. (c) SELLER shall deliver the property and improvements to the PURCHASER in the same condition as they now exist, ordinary wear and tear or damage or loss covered by insurance excepted. The PURCHASER has fully and personally inspected and examined the property and is satisfied as to its condition and all other matters pertaining to it. This agreement is made as a result of said examination through no representation other than those expressed herein. SELLER makes no representations or warranties concerning the physical or environmental condition of the premises, and PURCHASER agrees to receive the property AS IS. PURCHASER has inspected the premises and improvements and is thoroughly familiar with its physical and environmental condition; PURCHASER does not rely on any information provided by any representative of SELLER (d) That there are no outstanding unpaid bills for materials delivered or services rendered to the subject real estate during the next year preceding the date of this contract and SELLER further agrees to indemnify and hold harmless the PURCHASER from any claims for any such materials or services rendered or delivered to said premises during said period of time. PURCHASER shall not do, or permit to be done, upon said premises anything from which a mechanic's lien could arise or attach thereto, except with the previous written consent of SELLER and at the expense of PURCHASER. Consent to repair the roof is granted by this agreement. (e) The provisions of the Uniform Vendor and Purchaser Risk Act of Illinois shall apply to this contract. 8. TERMITE INSPECTION: PURCHASER may have the premises inspected for termites at PURCHASER'S expense. If upon said inspection, damage to any extent is discovered, and notice is given to SELLER(S) prior to closing, then SELLER(S) agrees to treat said termite damage at SELLER(S)'s expense so long as said treatment costs no greater than $500.00. If the cost of said treatment is estimated to exceed $500.00, then SELLER(S) may serve written Page 2 of 4 notice upon PURCHASER of this and this contract shall be null and void and all monies paid by PURCHASER hereunder shall be refunded. 9. TITLE: A. SELLER(S) will provide PURCHASER with evidence of title in the form of a preliminary commitment for title insurance, showing merchantable title in SELLER(S) in accordance with the standards of the Illinois State Bar Association, clear of all encumbrances B. This conveyance shall be subject to the following: 1. This property has been tax exempt, thereore there is not need for tax proration; 2. Easements for public and quasi-public utilities over, across and under the premises, if any. 3. Any rights of the public, the State of Illinois, and/or political subdivision in and to that part of the premises in question taken or used for roads and highways. 4. Any rights of way for drainage ditches, drain tiles, feeders and/or laterals, if any. 5. Any easements of record. 10. PROBATIONS: a. This property has been tax exempt, therefore there is not need for tax proration. b. Premiums on any insurance policies assigned to PURCHASER, water and sewer charges, fuels and private service contracts; if any, shall be prorated as of the closing date. 11. OTHER: See attached sheet. 12. PERFORMANCE: Time is of the essence of this Contract. Should PURCHASER fail to perform this Contract, then at the option of SELLER(s) and upon written notice to PURCHASER, the earnest money shall be forfeited by PURCHASER as liquidated damages and this Contract shall thereupon become null and void and SELLER(S) shall have the right, if necessary and applicable, to re-enter and take possession of the premises aforesaid, and all right and title to the premises and any and all improvements made upon said premises by PURCHASER shall vest in SELLER(S). Alternatively, the SELLER(s) may at its option elect to have this contract specifically performed by the PURCHASER. PURCHASER or SELLER(S) shall pay all reasonable attorneys fees and costs incurred by the prevailing party in enforcing the terms and provisions of this Contract including forfeiture or specific performance, or in defending any proceeding to which PURCHASER or SELLER(S) are made a party as a result of the acts or omissions of the other party. Page 3 of 4 To: Mayor Heinze & Canton City Council From: City Attorney James J. Elson ~`~- Subject: Sale of former city building Date: October 28, 2005 SALE OF FORMER CITY BUILDING AT 210 EAST CHESTNUT The question is whether the former city building at 210 East Chestnut Street may be sold at public auction. The short answer is "Yes", however there are several requirements established by the Illinois Municipal Code: The value must first be determined by an MAI appraisal which must be both written and certified. 2. The appraisal must be made available for public inspection. 3. The city council must adopt a resolution authorizing the sale at auction. 4. The resolution must be published at first opportunity in a newspaper published in the municipality. 5. The resolution must set forth the size, use and zoning of the real estate and terms of sale. 6. The council may accept any proposal specifically found to be in the best interest of the municipality by a vote of 2/3 of the corporate authorities (in Canton's case, not less than six, including the mayor) 7. The price must be at least 80% of the appraised value. There is an alternative method available to Canton because of the impaired economic state of the county and its unemployment rate as determined by the Illinois Department of Employment Security. Under this provision, the real estate under consideration may be sold at public auction, however there are a number of steps that must be taken before this can be accomplished. The resolution for sale at auction must be published 3 times over three successive weeks in the local newspaper with the sale to take place no earlier than 30 days after the first publication. There are several things that, by statute, must be included in the publication notice, basically administrative details. Under this provision, if followed, a heavier vote, 3/a, is required of the corporate authorities to accept the proposal or auction price. Reference: 65 IL.CS 5/11-76-0.1 & 4.2 City of Canton - Bruketta Contract Exhibit A Lots 2 and 3 in Barnes and Jones Addition to the City of Canton. ATTACHMENT TO REAL ESTATE AGREEMENT Between THE CITY OF CANTON, an Illinois Municipal Corporation, and DAVID BRUKETTA; 11. OTHER: SELLER has several files stored in the building. SELLER shall have a reasonable amount of time to remove said files to another location after this transaction is closed. Further, there is a so-called "time capsule" buried in the front lawn of the premises. PURCHASER agrees to allow said "capsule" to remain on the premises and to become custodian of same for the community. This agreement shall be considered to be a covenant running with the land. 13. 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 their 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. 14. TRANSFER TAX STAMPS: SELLER(s) shall pay for any required State of Illinois and County Real Estate Transfer Tax Stamps. 15. ATTORNEYS' FEES AND COSTS: A. SELLER(s) shall pay for the following: (1) Cost of owner's title policy. (2) Revenue stamps and recording of any releases need to tender clear title. (3) SELLER's attorney fees and customary closing costs. B. PURCHASER shall pay for the following: (1) Recording fee for deed and mortgage, if necessary. (2) Cost of mortgage title policy as required by mortgage, if necessary. (3) PURCHASER'S attorneys' fees and customary closing costs. 16. MERGER OF AGREEMENTS: 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 agreements other than those incorporated in this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. SELLER: PURCHASER: CITY CANTON, an ino' ici o at' n O NEY . HEINZE, ayor Ast~~ ,J ~~~ NANCY S. W ITES AVID A. BRU TTA Page 4 of 4