O-71-03ORDINANCE . NO. 0 -71 -3
AN ORDINANCE PROVIDING FOR AN AGREEMENT FOR THE
PURCHASE OF REAL ESTATE FOR PUBLIC PARKING
FACILITIES AND OTHER MUNICIPAL PURPOSES BY THE
VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES; ILLINOIS
WHEREAS, it is deemed advisable and necessary for the
welfare of the residents of the Village of Deerfield, Lake and Cook
Counties, Illinois, to improve and expand existing public parking
areas and municipal service areas by purchasing additional available
real estate suitable for said purposes; and
WHEREAS, pursuant to the provisions of Division 76.1 of
Article 11 of the Illinois Municipal Code, as amended, the Village
is authorized to purchase real and personal property for public
purposes pursuant to contracts which provide for the consideration
for such purchase to be paid in annual installments during a period
not exceeding twenty (20) years, and to provide for the levy and
collection of a direct annual tax sufficient to pay the annual
installments when same become due and payable; and
WHEREAS, the corporate authorities of the Village of
Deerfield deem the real estate commonly.known as 807 Park Avenue,
Deerfield, Illinois and legally described in attached Exhibit A,
suitable and desirable for the aforesaid municipal purposes and have
negotiated with the owners, a contract for the purchase of said real
estate in form and substance the same as that.marked Exhibit A and
attached hereto and made a part hereof;- and
WHEREAS, pursuant to the provisions of said.Division 76.1
of Article 11 of the Illinois Municipal Code, as amended, it is
required that the President and Board of Trustees of this Village
adopt an ordinance providing for the purchase of said real estate and
upon execution of an agreement for that purpose .to provide for the
levy and collection of a direct annual tax sufficient to pay the
annual installments provided for by such agreement as and when such
installments become due and payable;
. i .
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS:
S.ECT.ION That.it is hereby determined to be advisable,
ONE: necessary and in the best interest of the Village
of Deerfield that the real estate commonly known
as 807 Park Avenue, Deerfield, Illinois, and legally described on
attached Exhibit A be purchased by the Village of Deerfield for
municipal purposes in accordance with and pursuant to the terms and
conditions o•f the contract to purchase marked Exhibit A and attached
hereto and made a..part hereof, which contract is hereby approved.
SECTION That from and after the effective date of this
TWO: ordinance the President and Clerk of the Village
of Deerfield, Lake and Cook Counties, Illinois,
be and are hereby authorized and directed to execute the said
agreement herein provided for, and to do all things necessary and
essential, including the execution of any documents and certificates
necessary to carry out the provisions of said agreement.
SECTION That this ordinance shall be published at least twice
THREE: within thirty (30) days after its passage in
The Deerfield Review, a secular newspaper published
and of general circulation in the Village of Deerfield, Illinois, and
if no petition signed by electors equal in number to one per cent (1%)
or more of the total number of votes cast at the last preceding regular
municipal election is filed with the corporate authorities of said
Village within sixty (60) days after the second publication of this
ordinance, then this ordinance shall be in full force and effect, as
provided by Section 11- 76.1 -3 of the Illinois Municipal Code, as
amended.
r
AYES: FIVE (5)
NAYS • NONE (0)
ABSENT: NONE (0)
PASSED this 4th day of
January
A.D. kQRAkx 1971
APPROVED this 4th day of January A.D. k9JM 1971.
f .
ATTEST: VILLAGE PRESIDENT
VILLAGE CLERK
_ A G R E E M E N T
THIS AGREEMENT, entered into this v s-11- day of
, 197/ , by and between CHARLES YOUS and JOAN
YOUS, his wife, (hereinafter referred to as "Sellers ") of Deerfield,
Illinois, and the VILLAGE OF DEERFIELD-(hereinafter referred to as
"Village "), an Illinois municipal corporation.
w i t n e s s e t h:
WHEREAS, the Village contemplates the expansion of its
public parking and municipal service areas to satisfy the requirements
occasioned by the anticipated growth of the Village; and
WHEREAS, the expansion of said public parking and municipal
service areas will require the acquisition of additional real estate
by the Village; and
WHEREAS, the Village is authorized by the provisions of
Chapter 24, Section 11- 76.1 -1 (Illinois Revised Statutes), et seq
to purchase real and personal property for public purposes pursuant to
contracts providing for the consideration therefor to be paid in annual
installments during a period not exceeding twenty (20) years.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, it is agreed by and between the parties as
follows:
1. Sellers agree to sell to the Village certain real
estate in the Village located at 807 Park Avenue and legally
Exhibit I
described on Zx2xxdxojm A attached hereto. Sellers agree to furnish
1�
within 20 days after effective date of Ordinance approving this
contract, evidence of good and merchantable title to said real estate
in the form of a current Chicago Title and Trust Company Preliminary
Report on Title in the amount of the purchase price of THIRTY THOUSAND
($30,000.00) DOLLARS showing the title to the real estate to be subject
only to current general real estate taxes, stock objections usually
appearing on reports on title, and any other objections, liens or
encumbrances which the Village, in its sole discretion determines,
do not affect the merchantability of said title. In the event Sellers
are unable to furnish such satisfactory title evidence, Village may
declare this Agreement null and void and of no further legal effect.
2. Village agrees to purchase the real estate described
in Schedule A for a total principal consideration of THIRTY THOUSAND
($30,000.00) DOLLARS which, together with interest as provided below,
shall total FORTY -ONE THOUSAND EIGHT HUNDRED SIXTY -ONE and 05 /100
($41,861.05) DOLLARS. Upon closing Village shall make a cash payment
of TWO THOUSAND FIVE HUNDRED ($2,500.00) DOLLARS. Village shall pay
the balance of the purchase price for the real estate on Schedule
A by payments beginning on November 30, 1972, and each subsequent
annual payment shall include interest at the rate of six (6 %) percent
per annum on the unpaid balance. Village retains the right to make
complete or partial prepayment of this obligation at any time during
the term hereof without penalty.
Installments of interest and principal will be due on
November 30th of each year in the amounts as follows:
Principal
Year
Interest
Amount
Total
1972
$
1,650.00
$ 1,630.20
$25,869.80
1973
$
1,552.10
$ 1,728.10
$24,141.70
1974
$
1,448.43
$ 1,831.78
$22,309.93
1975
$
1,338.70
$ 1,941.50
$20,368.43
3. Village represents that the execution of this
Agreement by the Village President and the attestation by the Village
Clerk have been authorized by a duly enacted ordinance passed by
the Village Board of Trustees at a regular meeting thereof held on
January 4 , 1971 , and that said ordinance has been
published at least twice within thirty (30) days after its passage
in a newspaper of general circulation published within the Village.
Village further represents that no petition requesting the submission
of the question to the electors signed by electors equal in number
to one (1 %) per cent or more of the total number of votes cast at
the last preceding election has been filed with the Corporate Authorities.
4. Village agrees that it shall levy a direct annual tax
in an amount sufficient to pay the annual installments plus interest
required by this Agreement and a certified copy of this Agreement and
a certified copy of the Village Tax Levy Ordinance shall be filed
and Cook County
with the County Clerksof Lake County /, Illinois who shall extend said
tax.
5. After Sellers have furnished the title evidence above
described and the Village has made the initial payment in the amount
of TWO THOUSAND FIVE HUNDRED ($2,500.00) DOLLARS described above,
Principal
Year
Interest
Amount
Total
1976
$
1,222.10
$ 2,058.10
$18,310.33
1977
$
1,098.63
$ 2,181.58
$16,128.75
1978
$
967.73
$ 2,312.48
$13,816.28
1979
$
828.85
$ 2,451.35
$11,364.93
1980
$
682.00
$ 2,598.20
$ 8,766.73
1981
$
526.08
$ 2,754.13
$ 6,012.60
1982
$
360.80
$ 2,919.40
$ 3,093.20
1983
$
185.63
$ 3,093.20
- -0 --
TOTAL
$11,861.05
$27,500.02
3. Village represents that the execution of this
Agreement by the Village President and the attestation by the Village
Clerk have been authorized by a duly enacted ordinance passed by
the Village Board of Trustees at a regular meeting thereof held on
January 4 , 1971 , and that said ordinance has been
published at least twice within thirty (30) days after its passage
in a newspaper of general circulation published within the Village.
Village further represents that no petition requesting the submission
of the question to the electors signed by electors equal in number
to one (1 %) per cent or more of the total number of votes cast at
the last preceding election has been filed with the Corporate Authorities.
4. Village agrees that it shall levy a direct annual tax
in an amount sufficient to pay the annual installments plus interest
required by this Agreement and a certified copy of this Agreement and
a certified copy of the Village Tax Levy Ordinance shall be filed
and Cook County
with the County Clerksof Lake County /, Illinois who shall extend said
tax.
5. After Sellers have furnished the title evidence above
described and the Village has made the initial payment in the amount
of TWO THOUSAND FIVE HUNDRED ($2,500.00) DOLLARS described above,
Sellers shall deliver their recordable Warranty Deed and Affidavit of
Title and Village may take possession of the property and improve the
property as it may deem appropriate.
6. General real estate taxes shall be adjusted ratably
as of the time of closing. If-the amount of the current general
taxes is not then ascertainable the adjustment thereof shall be on
the basis of the amount of the most recent ascertainable taxes.
7. In addition to the payments described in Paragraph 2
hereof the Village agrees that it shall pay interest at the rate of
six (6 %) percent per annum on the sum of TWENTY -SEVEN THOUSAND FIVE
HUNDRED ($27,500.00) DOLLARS from and after the date of closing until
November 30, 1971.
8. In the event the Village shall fail to make any of
the payments as provided herein, Sellers shall serve written notice
of said default upon the Village as herein provided and upon receipt
thereof the Village shall have a period of sixty (60) days in which
to remedy such default by payment. In the event the Village shall
fail to remedy said default, in addition to any and all other remedies
which Sellers may have, Sellers shall have the right to terminate this
Agreement by an additional thirty (30) days written notice to the
Village setting forth their intention to so terminate. Sellers shall
be entitled to retain all prior payments made hereunder as liquidated
damages.
9. This Agreement, together with the balance of the
purchase price then remaining unpaid and the interest then and there-
after payable as herein provided, may from time to time after the
closing date be assigned by Sellers. Written notice of any such
assignment shall be given by Sellers to the Village in the same
manner as provided in Paragraph 8 hereof for giving of notices. The
Village may rely and shall be protected in acting upon any instrument
of assignment or notice thereof believed by it to be genuine, and
shall have no duty to inquire into the authority for or the validity
or effectiveness of any such assignment.
10. Notices as required hereunder shall be delivered to
Sellers at 1124 Greentree, Deerfield, Illinois and.to the Village at
850 Waukegan Road, Deerfield, Illinois, to the attention of the
Village Clerk. All notices as provided herein shall be in writing
and be delivered by certified mail.
11. This Agreement shall be binding upon the heirs, assigns
and grantees of Sellers and the obligation to make payment hereof
shall be binding upon the Village of Deerfield according to the terms
of this Agreement.
IN WITNESS WHEREOF, this Agreement is executed on behalf of
the parties hereto by their respective, duly authorized officers
and their respective corporate seals affixed hereto on the day and
year first above written.
&4'1" cp""
CHARLES YOUS C/
ow"-�
JOAN OUS
VILLAGE OF DEERFIELD
By i
ATTEST:
a'ac�-� a pftc
VILLAGE CLERK
.:
That part of the southeast quarter of Section 29,
Township 43 North, Range 12, East of the Third
Principal Meridian, described as follows: Beginning
at the southeast corner of said Section 29; thence north
along the section line 2331; thence west 335' to the place
of beginning in the northeast corner of the premises in-
tended to be described; thence west 133.0' 4"; thence
south on an angle 74° 481, south 51' 10 "; thence east
1191 91/; thence north 50.0' to the place of beginning
in Lake County, Illinois, commonly known as
807 Park Avenue, Deerfield, Illinois.