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R-838 - 03/25/2003 - TAX - Resolutions ExhibitsREAL ESTATE SALE CONTRACT - VACANT LAND EXHIBIT "A" 1. PURCHASER(S), Ravi and Rad,ha Nallakrishnan, 6575 Berrywood Drive, Downers Grove, Illinois 60516, agree to purchase, and SELLER(S), Village of Oak Brook, a municipal corporation, 1200 Oak Brook Road, Oak Brook, IL 60523 agrees to sell to Purchaser(s) at the PRICE of Six Hundred Fifty -Six Thousand, One ($656,001 00) and no /100ths Dollars property located at the west side of Coolidge Street, approximately 80 feet north of Oak Brook Road /31St Street in the Village of Oak Brook, County of DuPage, IL, and legally described as follows. Lot 3 in Sports Core/Westchester Park Subdivision, being a Resubdivision of Part of the East Half of the Southwest Quarter of Section 25, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded November 6, 2002 as Document No. R 2002 - 302921 in DuPage County, Illinois PERMANENT PARCEL NO 06 -25- 302 -042 (hereinafter referred to as "the Premises" or "the Property ") with approximate lot dimensions of 163 feet x 249 feet. 2 EARNEST MONEY Purchaser shall pay earnest money in the amount of $50,000 when Purchaser signs and submits this Real Estate Sale Contract, and is payable in the form of a certified or cashier's check made payable to the order of Chicago Title Insurance Company, as Escrow Agent, and delivered at the time of signing this Contract, receipt of which is hereby acknowledged. The Escrow Agent shall hold the earnest money in a non - interest bearing account. 3. BALANCE OF PURCHASE PRICE: Purchaser shall pay the balance of the purchase price at the closing in a certified or cashier's check payable to Seller. No checks may be endorsed. Third party checks are not acceptable. In lieu of accepting checks, Seller reserves the right to require Purchaser to pay the balance of the purchase price by wire transfer to a bank account designated by Seller. 4. DELIVERY OF DEED- The acceptance by Purchaser of the delivery of the deed at the closing shall be and be deemed to be full performance and discharge of every agreement and obligation (either express or implied) on the part of Seller to be performed pursuant to this Contract and no representation, warranty or agreement, express or implied, of Seller shall survive the Closing except those which are herein specifically stated to survive the Closing. 5 CASH PURCHASE: This is an all -cash sale and purchase and is NOT contingent upon obtaining financing even though Purchaser may apply to a lending institution of Purchaser's choice for a loan. Purchaser understands and agrees that neither his receipt of a commitment from such a lending institution, his acceptance of Ravivacantlando@kbrook 1 such a commitment, nor his satisfaction of any condition set forth in such a commitment shall in any way be a condition of Purchasers obligations under this Contract. Seller makes no representation or warranty as to Purchasers ability to obtain financing. 3 at 6. THE CLOSING DATE: Closing will take place on or before April 15, 200IL Chicago Title Insurance Company, 2400 S. Wolf Road, Suite 100, Westchester, 60514 In the event that Closing shall be delayed due to the fault of Purchaser and Purchaser requests a delay in Closing, then Seller in its sole discretion may elect, upon written notice to Purchaser, to extend the Closing, in which event Purchaser p the sum of Fifty shall pay at Closing, in addition to all other sums then due hereunder, la fter the ($50) Dollars per day for each day or part thereof that the Closing is delayed d a a the Standard Closing Date, representing an adjournment fee. Notwithstanding foregoing, TIME IS OF THE ESSENCE. 7. POSSESSION. Possession shall be granted to Purchaser(s) at the time of closing. 8. CLOSING DOCUMENTS: At the Closing, Seller shall deliver to Purchaser, at Seller's sole cost and expense, the following: a. A duly executed and acknowledged Warranty Deed in recordable form conveying title in fee simple to the Premises, free and clear of any and all liens and encumbrance which can be satisfied through the payment of money, and subject to the following "permitted exceptions", if any: (1) Building, building line and use or occupancy restrictions, conditions and covenants of record, (2) Zoning laws and ordinances; (3) Easements for public utilities; (4) Public roads and highways and easements pertaining thereto; (5) acts done or suffered by, or judgments against Purchaser(s), or those claiming by, through or under Purchaser(s); and (g) exceptions 6, 7, 8, 9, 10, 11 and 14 set forth in the title commitment no. 2218240 dated October 4, 2002 by Chicago Title Insurance Company; b. A later dated Title Commitment at closing and, subsequent to closing, an Owner's Policy of Title Insurance (the Title Policy) with an owner's extended coverage endorsement issued by Chicago Title Insurance o nc Company in the full amount of the Purchase Price, dated as o g, insuring Purchaser's fee simple title to the Property subject only to the Permitted Title Exceptions listed above, the standard printed exceptions and additional exceptions contained in the usual form of Owner's Title Policy; C. Internal Revenue Code reporting requirements or disclosure including F I RPTA; Ravivacantlandoakbrook 2 d. Customary transfer declarations, and e All other documents that are reasonably customary to close this transaction, in accordance with the terms and conditions of this Contract. 9 TITLE: Chicago Title Insurance Company's letter of commitment no. 2218240 dated October 4, 2002 is attached to this Contract as Exhibit "A". Seller shall furnish Purchaser with a later dated title commitment prior to closing. If the updated title commitment discloses unpermitted exceptions Seller(s) shall have thirty (30) days id exceptions waived, or to have the from the date of delivery thereof to have the damage that may be caused by such delayed, title insurer commit to insure against loss ed 9 necessary, during said 30 -day exceptions and the closing date shall be y , period to allow Seller(s) time to have said exceptions waived. If Seller(s) fails to have p l n ermitted exceptions waived, or, in the alternative, to obtain a commitment for title � insurance specified above as to such exceptions, within the specified time, Purchaser(s) may terminate the Contract between the parties, or may elect, ( r s within ten (10) days after the expiration of the 30 day period, to take notice to Selle ( ) the tale as it then is, with the right to deduct from the purchase price, lien or encumbrances of a definite or ascertainable amount. If Purchaser(s) does not ct elect, a this Contract between the parties shall become null and void without further coon the parties, and all monies paid by Purchaser(s) hereunder shall be refunded. o lusge Title Insurance Company Letter of Commitment No. 2218240 shall be iconclusiv t evidence of good title as therein shown, as to all matters insured by the policy, subje only to special exceptions therein stated, 10 PLAT OF SURVEY- Seller has furnished to Purchaser a Plat of Survey, which and which shows the Property shows the location of all easements, all building lines, Survey is attached as Exhibit "B". to be free of encroachments A copy of the Plat of y Purchaser represents that it accepts the contents and condition of the Plat of Survey nd will urchase the Property subject to the condition as depicted on the Plat of a p Survey. 11. PRORATIONS: None. 12 DEFAULT. Unless otherwise provided for herein, if Purchaser fails to comply with the terms and conditions hereof, Seller may terminate this Contract, in which event the earnest money shall be due and payable the Seller as its full and entire liquidated damages. The parties agree that actual damages in the event of default are difficult to ascertain and further agree that the amount set forth as liquidated ,s default. is a reasonable estimate of the damages to Seller in the event of Purchaser's refuses or a Such sum is intended to be liquidated damages, and not a penalty. If Seller is unable to deliver title as herein provided or to carry out any material obligation os covenant hereunder to be performed by it prior to slonlnot'her or if this Contract than a default of terminated prior to the time of Closing for Pu chaser shall be the return of his /her Purchaser, the sole and exclusive remedy o Ravivacantlandoakbrook 3 earnest money deposit. Seller's sole liability shall be limited to the return of such funds to Purchaser. Purchaser acknowledges and agrees that under no circumstances shall Seller be liable for Purchaser's damages, consequential, actual, punitive, speculative, or otherwise. The provisions of the Uniform Vendor Purchaser Risk Act of the State of Illinois shall apply to this Contract. 13 EARNEST MONEY ESCROW The earnest money is deposited with Escrow Agent with the understanding that the Escrow Agent (a) does not assume or have any liability for performance or non - performance of any party; and (b) has the right to require in writing from all signatories (i) a written release of liability of the Escrow Agent, except for gross negligence or fraud and (ii) authorization to disburse the earnest money at Closing as such disbursement is provided for herein. At Closing, the earnest money shall be applied to payment of the Purchase Price. Any refund or payment of the earnest money under this Contract, pursuant to a default, shall be reduced by the amount of any actual expenses incurred by Escrow Agent arising out of the acceptance and distribution of funds pursuant to a determination as to which party is entitled to such funds 14 RIGHT TO NOTICE: Purchaser and Seller hereby agree that in the event Seller notifies Escrow Agent that Purchaser has breached this Contract by reason of Purchaser's failure to timely deposit the earnest money or to timely close the transaction or for any other reason as set forth in this Contract and that Seller has thereby elected to declare Purchaser's earnest money earned, the Escrow Agent shall notify the Purchaser as to the same. Purchaser shall have five (5) business days from the date Escrow Agent notifies Purchaser of Seller's default notice to dispute Seller's notice In the event Purchaser fails to dispute such notice, within said five -day period, then Escrow Agent is hereby authorized by Purchaser and Seller to remit the earnest money and any accrued interest to Seller, reduced by the Escrow Agent's actual expenses described above. In the event that Purchaser does not so dispute such Notice, Purchaser hereby agrees to indemnify, save harmless and agrees to defend Escrow Agent from and against any claims demand, costs or damages (including reasonable attorney's fees) incurred by Escrow Agent and arising from or out of or with respect to Escrow Agent's complying with such demand by Seller. Seller and Purchaser promise and agree to indemnify and save Escrow Agent harmless from any claims, every kind and nature of which may be incurred by Escrow Agent by reason of his acceptance of, and his performance under this Real Estate Sale Contract 15 ESCROW CLOSING At the election of Seller(s) or Purchaser(s), upon notice to the other party not less than five (5) days prior to the closing date, the sale shall be closed through an Escrow with Chicago Title Insurance Company in accordance with the general provisions of a deed and money escrow agreement consistent with the terms of this Contract. Upon creation of such an Escrow, anything in this Contract between the parties to the contrary notwithstanding payment of the purchase price and delivery of the Deed shall be made through the Escrow. The cost of the Escrow Ravivacantlandoakbrook 4 shall be divide equally e uall between Seller(s) and Purchaser(s), except that Purchaser(s) shall pay the money lender's escrow charges. 16. REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER: a. Seller hereby represents and warrants to Purchaser which representations and warranties shall be deemed remade by Seller to Purchaser also as of the Closing Date that: (1) Seller is duly authorized and empowered to sell the Premises. 2 All obligations of Seller arising from the ownership and operation () of the Premises which accrue prior to the Closing Date have been paid as they became due or will be paid as they become due. Except for obligations for which p rovisions are herein be no obligations of made for adjustments at Closing, there Seller with respect to the Premises outstanding as of the Closing Date. 3 Seller is not aware of any unrecorded liens caused by Seller against the Premises. 4 Seller has no knowledge of receiving any written notice from as to O haven jurisdiction governmental department or agency g J conditions affecting the Premises that alleges a violation of la or governmental ordinances, order or requirements relating to the Premises. 5 The Property is fully improved with sewer and water, as set forth () on the Utility information sheet attached as Exhibit "C". To the best of Seller's knowledge electricity, gas, and telephone service are available to the Property. 6 The Property bears an R -3 zoning classification and that sai () classification is not being challenged or considered for change pursuant to any administrative, legal or other type of proceeding. b. From the Effective Date of this Contract until the Closing Date or earlier termination of this Contract, Seller convenants to. (1) Advise Purchaser promptly of any litigation, arbitration or administrative hearing before any governmental Y or agency of which Seller is notified, concerning or affecting the Premises which is instituted after the date hereof; and A (2) Not \take, or omit to take any action that would have the effect of violating any of the material representations, warranties, covenants, and agreements of Seller contained in this Contract. C. If any representations or warranty in this Contract is known by Purchaser, prior to Closing, to be untrue to a material extent or Purchaser knows that any covenant has not been performed or is not remedied by Seller prior to Closing except those liens, charges or unpaid bills or expenses that can be remedied by funds paid by Seller at Closing out of the Purchase Price, Purchaser may as its sole remedy (i) terminate this Contract whereupon the earnest money shall be refunded to Purchaser, and neither party shall have any further rights or obligations pursuant to this Contract, or (ii) waive its objections and close the transaction without reduction of the Purchase Price. 17 REPRESENTATION, WARRANTIES AND COVENANTS OF PURCHASER: Purchaser represents, warrants and covenants to Seller as follows: a Purchaser is a sophisticated purchaser and has reviewed all materials and /or had all materials reviewed by its own experts and consultants; b. Purchaser is purchasing the Premises in its "As Is, Where Is" condition with no warranties by Seller as to merchantability, suitability or fitness for any particular use, it being understood and agreed that Purchaser is relying solely on its own inspections, engineering studies and reports, and examinations of the Premises and Purchaser's own determination of the condition and value of the Premises. C. Purchaser has all requisite power and authority to consummate the transaction contemplated by this Contract and has by proper proceedings duly authorized the execution and delivery of this Contract and the consummation of the transaction contemplated hereby. d. The Contract, when executed and delivered by Purchaser and Seller, will constitute the valid and binding agreement of Purchaser enforceable against purchaser in accordance with its terms; e. To Purchaser's knowledge, neither the execution and delivery of this Contract nor the consummation of the transaction contemplated hereby will violate or be in conflict with (i) any applicable provisions of law; (ii) any order of any court or governmental agency having jurisdiction over the Purchaser, or (ill) any agreement or instrument to which Purchaser is a party or under which Purchaser is bound; Raviva can tlandoakbrook 6 f. There are no actions, suits, claims or other proceedings pending or, to the best of purchaser's knowledge, contemplated or threatened against Purchaser that could affect Purchaser's ability to perform its obligations under this Contract, and g Purchaser has sufficient funds available to consummate the Closing of the transaction described in this Contract. 18. CONDITION OF AND DAMAGE TO PROPERTY: The Premises shall be conveyed in its present condition, ordinary wear and tear and damage by casualty excepted 19. DISCLAIMER- , a. Except as otherwise specifically stated in this Contract, Seller hereby specifically disclaims any warranty, guaranty or representation, oral or written, past, present, or future of, as to, or concerning the nature and condition of the Property, including, without limitation, the water, soil and geology, and the suitability thereof and of the Property for any and all activities and uses which Purchaser may elect to conduct thereon. b Except as specifically stated in this Contract, Seller has not made and is not making any representation or warranty regarding merchantability or fitness for any particular purpose, environmental conditions, zoning or the availability of permits. C. Purchaser acknowledges that having been given a sufficient opportunity to inspect the Property, and to review the offerees' information packet or other material given to Purchaser, Purchaser is relying solely on its own investigation of the Property and financial analysis of the revenue and expenses that may be received or incurred in arriving at its decision to purchase the Property and has not relied upon any plans, selling brochures, advertisements, representations, warranties, statements or estimates of any nature written or oral by Seller or Seller's agent in deciding to purchase the Property at the stated price. d Purchaser is purchasing the Property in its present condition, "As Is, Where Is ", and Seller has no obligation to construct any improvements thereon, or to perform any other act regarding the Property, except as expressly provided herein. e. Any factual information such as Property dimensions, square footage, or sketches shown to Purchaser or set forth herein are or may be approximate and purchaser represents to Seller that they have inspected Ravivacantlandoakbrook 7 and verified the facts and information prior to the execution of this Contract No liability for any inaccuracies, errors or omissions is assumed by the Seller, or its agents. f. The Seller's employees and agents in this transaction have no expertise with respect to environmental matters. Proper inspections of the Property by qualified experts are an absolute necessity to determine whether or not there are any current or potential environmental concerns relating to the Property. The Seller's employees and agents in this transaction have not made, nor will they make, any representations, either expressed or implied, regarding the existence or non - existence of any such environmental concerns in or on the Property. Problems involving environmental concerns can be extremely costly to correct It is the responsibility of Purchaser to retain qualified experts to deal with the detection and,correction of such matters. 20. NOTICES: All notices required pursuant to this Contract shall be in writing and signed by Seller or Purchaser or their attorney or attorney in fact and shall be given by- (a) certified or registered mail, return receipt requested, and sent to the Parties or their attorneys at the addresses recited herein, which notice shall be effective on the second day after the date of postmark in the U.S. mail or (b) personally served on the Seller, Purchaser or the attorney or (c) transmission of notice between the parties or their attorneys via facsimile shall be sufficient, provided that the notice transmitted shall be sent on business days (Monday through Friday excluding weekends and legal holidays), during business,hours (9:00 a.m. to 5:00 p.m.).. If the facsimile is sent on a Saturday, Sunday or legal holiday or after 5:00 p.m. Monday through Friday, the effective date shall be the next business day. Notice to any one of a multiple person party shall be sufficient notice to all. 21. TRANSFER TAX STAMPS: This transaction is exempt from transfer taxes. Seller shall prepare the forms declaring Seller's exemption from transfer taxes. 22 COMMISSION. There is no listing broker involved in this transaction. Brush Hill Realtors, the cooperating real estate broker, shall be paid a 2.5% commission by Seller from the proceeds of sale, which are the sole source of commission. 23. STATUTORY COMPLIANCE: Purchaser(s) and Seller(s) shall provide and consent to the reporting of all information regarding the sale required by any act, regulation or statute, including all amendments thereto, of the United States of America, or the State of Illinois or any agency or subdivision thereof 24 ENTIRE AGREEMENT This Contract constitutes the entire agreement between the parties. No representations, undertaking or promises, whether oral or written, implied or otherwise, can be made or have been made by either Seller or its agents, to Purchaser or to anyone, unless expressly stated herein or unless mutually Ravivacantlandoakbrook 8 agreed in writing by both parties. All amendments, supplements or riders hereto if any shall be in writing and executed by both parties. Purchaser shall not record this Contract or any memorandum thereof, and any purported recordation by Purchaser shall constitute a default by Purchaser. 25 NO ASSIGNMENT: Purchaser shall not assign, set over or transfer this Contract or any of Purchaser's rights or interest hereunder without the prior written consent of Seller, and any purported assignment shall be void. 26. CONSULT YOUR ATTORNEY: This is intended to be a legallly binding agreement. Read it carefully. No representation or recommendation is made by Seller, or its agents or employees as to the legal sufficiency, legal effect, or tax consequences of this document or the transaction relating thereto. These are questions for your attorney. Consult your attorney before signing. The' Seller, its employees or agents cannot give you any legal advice 27. IRREVOCABLE OFFER: This Contract, when executed by Purchaser and delivered to Seller together with the aforesaid earnest money, shall constitute an irrevocable offer to purchase the Premises for a period of twenty (20) business days after the date of execution hereof by Purchaser. In the event Seller executes this Contract and delivers a copy thereof to Purchaser within said twenty (20) day period, the offer shall be deemed accepted and the Contract made. In the event this offer is not accepted within twenty (20) days after the date of execution hereof by Purchaser, Seller may consider Purchaser's offer to be a continuing offer which may be accepted by Seller at any time prior to Seller's receipt of a written revocation of said offer from Purchaser. If Seller rejects Purchaser's offer, or Purchaser revokes Purcha'ser's offer after said twenty (20) days period and prior to acceptance by Seller, all deposits made shall be returned by Seller to Purchaser and the offer shall be deemed withdrawn. 28. APPROVAL BY THE OAK BROOK CORPORATE AUTHORITIES: This Contract is subject to the condition that on or before March 26, 2003, the corporate authorities of the Village of Oak Brook, by a two - thirds vote, pass a resolution approving this Contract. If the corporate authorities fail to so pass a resolution approving this Contract within the time specified herein, this Contract shall automatically be null and void and all earnest money shall be refunded to the Purchaser Ravi va can tlando@kbrook 9 29 TIME: Time is of the essence of this Contract. 30. GOVERNING LAW: This Contract shall be construed in accordance with the laws of the State of Illinois. Date of Acceptance. March 17, 2003 s PUR E (S) VILLAGE OF OAK BROOK,' an Ravi Nallakrishnan Illinois municipal corporation Tax ID /SS No -S su By. . wren M. Bushy, Village President ASER(S) V j Radha Nallakrishnan Tax ID /SS No. _ 3- 5-&:a2- 2,995 RavIvacantlandoakbrook 10 Attest: i/® A _ A Linda K. Gonnella, Village Clerk al 03/17/2003 10:03 3129380701 JEFFREY W HORWITZ LT PAGE 02/1'0 COMMITMENT FOR TITLE INSURANCE D Chicago Title Insurance Company P,rovi&'rlg Title Related Services Since 1347 CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Cocopany, for a valuable consideration, herebq commis to Issue its policy Or policies of title insurance, as identified in Schcdule A (which Pohcy or policies cover title risks and are subject to the Exclusions from Coverage and the Conditions and Stipulatsons as contained in said policy /ies) in favor of the prop osedZasurcd sawed in Scttedulc A, �s owner or mort &agee of the estate or interest in the land descnbcd or referred to in Schedule A, upon payment of the premiums and charges therefor, all sit b ect to the provisions of Schedules A and B hereof and to the Commrt�ment Conditions and Sk ations which are lambyuscorporate7&byrefcrcnce and made a part of the Commitment A complete copy of the Commitment Conditions and Stipulations is available upon re uest and such include, de, but atze not Urnited to, the proposed1n=ed's obligation to disclose, in uniting, knowledge of any additional defects, liens, encumbrances, adverse claims or other matters which are not contained to the Commitment; provisions that the Coulpan y's liability shall m no event exceed the ,amount of the policy /ies as stated iA Schedule A hereof, must be based on the terms of tl� Commitment, shall be unfy to r-he proposed Insured and shall be onl for actual 1 incurred in good faith reliance on this Commitment, and provisions relating to the General Exceptions, to i0S ncc policy /ies wilLbe subectunless the same are _disgosed of to the satisfaction of the Company. This Commitment shall be effective only when. the identity of the proposed Insured and the amount of the policy or policies committed for have- been irtsertcdin Schediffe A hereof by the Company, either at the time of the issuance of this Commitment or by Lssuance of a revised Commitment, This Commitment is preliminary to the issuance of such policy yr ppol1aes of title insurance and all Lability and obUgat7ions hercurnder shall cease and terminate six months after the effective date hereof or when the policy or policies commaittc;d for sbalf issue, whichever first occurs, provided that the fidurc to issue such policy or polies is not rte fal—dt of the Company This Commstmcnt is based upon a search and examination of Company records and /or public records by the Company. Utilization of the information contained herein by an entity other than the Company or a mt mbcr of the Chicago Title and Trust Famify of'iitte Insurers for the purpose of issuing a tide commitment or policyior policies shall be considered a violation of the proprietary rights of the Company of its search and examination workpr-oduct. This Commitment shall not be valid or binding until3 -igued by an authorized signatory. Issuecl By- CHICAGO TITLE INSURANCE COMPANY P 0 BOX 827 WHEATON, IL 60189 -6827 Refer Inquiries To. (63G�871 -3500 i3F.4-2-1 : CHICAGO TITLE INSURANCE COMPANY ey I i uthonzt;d Signatory Commitment No: Sato 002278240 Ut. • 03/17/2003 10:03 3129380701 JEFFREY W HORWITZ LT PAGE 03/10 i CHICAGO 'TTE E INSURANCE COMPANY CO NT FOR TITLE INSURANCE i SCHEDULE A YOUR REFERENCE: SPORT'S CORE /WESTCHESTER PARK SUB ORDER NO.: 1410 002218240 uL EFFECTIVE DATE: O-CTOBER 4, 200.2 L POLICY OR POLICIES TO BE ISSUED: OWNER' & POLICY- ALTA OWNERS 1392 AMOUNT• $100,000 00 PROPOSED INSURED: TQ COME_ 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND CO VFRE-a HERE-IN IS A FEE SIMPLE UNLESS OTRERWME NOTED. 3. TITLE TO SAID ESTATE- OR WTEREST IN SAID LkND IS AT THE EFFECTIVE DATE VESTED IN: VILLAGE OF OAX BROOK, AS TO LOTS- 1, 2, 3 4. MORTGAGE OR TRUST DEEDD-TO BE INSURED- NONF 1 % 03/17/2003 10:03 3129380701 JEFFREY W HORWITZ LT PAGE 04/1@ i CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEaULE A (CONTINUED) ORDER No _ 141 n 0 0 191 it') n n rn 03/17/2003 10:03 3129380701 JEFFREY W HORWITZ LT PAGE 05/10 CHICAGO TlTiM IN TRANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER No-: 1410 002218240 UL A 4• FAXES FOR THE YEAR ZQ02 TAXES FOR THE YEAR 2002 ARE NOT YET DUE OIL PAYABLE. PERMANENT INDEX NUMBERS: 06 -25- 302 -042, UNDERLYING PROPERTY AFFECTING LOTS 1 TKROUGi 3, BOTH INCLUSIVE, MARKED "EXEMPT" VET L 5 ANY LIEN, OR RIGHT -TO A LIEN, FOR SERVICES, LABOR OR MATERIAJ,, HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. NOTE- PLEASE BE INFORMED THAT FOR ANY t NEW CONSTRUCTION ON THE LAND, A FINAL, LIEN WAIVER PACKAGE. MUST SO SUBM=M TO THE COMPANY IN ORDER TO CONSIDER WAIVING T141S EXCEPTION. AN ADDITIONAL FEE WILL BE ASSESSED FOR A LIEN WAIVER EXAMINATION. (AFFECTS LOTS_ L, 2 AND 3 } C 6. THE LAND LEES WITHIN THE HINSDALEr SANITARY DISTRICT-WHICH HAS ACCEPTED FEDERAL GRANTS FOR SEWAGE TREATMENT ' PURSUANT TO PUBLIC LAW 92 -500. FEDERAL LAW REQUIRES A USER CHARGFrSYSTEM SEPARATE -FROM GENERAL AD VALOREM PROPERTY TAXES, i (AFFECTS ALL) 7. BUILDING LINE AS SHOWN ON THE PLAT OF BECKER'S RESUBDIVISION RECORDED "OCTOBER 9, 1997 AS DOCUMENT R57- 154108 AND AS SHOWN ON THE PLEAT OF SPORTS CORE/AESTCHESTER PARK SUBDIVISION, AFORESAID, AS FOLLOWS - 14 D FEET ALONG- THE MOST` WESTERLY WEST LINE OF LOT 1 40 FEET ALONG THE MOST SOUTHERLY WEST LINE, WIDENING TO APPROXIMATELY 180.19 FEET THROUGH THE MOST NORTHWESTERLY PORTION OF LOT 2 (SEE PLAT FOR FURTER PARTICULARS} FL 40 FEET ALONG THE EAST LINE­ OF- LOTS 3 r G 6 PUBLIC UTILITY EASEMENT AS SHOWN AND SET FORTH ON THE: PLAT OF SPORTS CORE /WESTCHESTER PARK SUBDIVISION, AFORESAID, AS FOLLOWS; 15 FEET ALONG THE MOST WESTERLY NORTH LINE, THE MOST NORTHERLY WEST LINE, THE MOST NORTHERLY NORTH LINE, THE MOST NORTHERLY EAST LINE, THE MOST SOUTHERLY NORTH LINE AND THE MOST EASTERLY EAST LINE, AND 6 FEET ALONG THE SOUTH LINE OF LOT 1 (SEE PLAT FOR FURTHER PARTICULARS} RLSC616 o rv, l PAGE B 2 e si'1 r'i Lbb l b: b3 3129360701 JEFFREY W HORWITZ LT PAGE 06/1.0 CIUCAGO 7' �TT,EINSURANCE COMPANY COMMI'TMEN'T' FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER NO.: 1410 002218240 UL 10 FEET ALONG THE EAST LINE AND 6 FEET ALONG THE NORTH, SOUTH, MOST EASTERLY NEST LIN£ AND MOST NORTHERLY SOUTH LINE OF LOT 2 (SEE PLAT FOR FURTHER PARTICULARS) , I 15 FEET ALONG THE NORTH LINE, 10 FEET ALONG THE WEST LINE AND 6 FEET; ALONG THE SOUTH LINE OF LOT 3 i Ft 9. EASEMENTS, IF ANY, FOR PUBLIC UTILITIES, INCLUDING CABLE COMPANIES, OVER THAT PART OF THE LAND LYING WITHIN VACATED WASHINGTON STREET AND 20 FOOT VACATED ALLEY. (AFFECTS LOTS-1 THROUGH 3, BOTH JNCLUSIVEj N 10. RIGHTS OF THE_ MUNICIPALITY, THE STATE Of ILLINOIS, T%fE PUBLIC AND ADJOINING OWNERS IN AND TO VACATED WASHINGTON STREET AND 20 FOOT VACATED ALLEY. (AFFECTS LOTS 1 THROUGH 3, BOTH INCLUSIVE) 0 11 RIGHTS OF THE PUBLIC AND QUASI- PUBLIC UTILITIES, OF ANY, IN SAID VACATED WASHINGTON STREET AND 20 FOOT VACATED ALLEY FOR MAINTENANCE THEREIN OF POLES, CONDUITS, SEWERS AND OTHER FACILITIES. (AFFECTS LOTS 1 THROUGH 3, BOTH INCLUSIVE) S 12. THE PLAT OF SPORTS CORE /WESTCHESTER PARK SUBDIVISION, AFORESAID, INCLUDES A CERTIFICATION BY THE SURVEYOR THAT NONE OF THE LAND IS LOCATED WITHI:bi A SPECIAL FLOOD AREA AS IDENTIFIED By THE-FEDERAL EMERGENCY MANAGEMENT AGENCY. (AFFECTS ALL) t 13. IN ORDER FOR THE COMPANY TO- INSURE- TITLE COMING THROUGN THE SALE OR TRANSFER OF LAND FROM THE MUNICIPALITY IN TITLE, WE SHOULD BE FURNISHED A CERTIFIED COPY OF TgS ORDINANCE OR RES0LU7Irj0N AUTH(}RrZING THE- CONVEYANCt, TOGETHER WITH THE NUMBER OF AYES AND NAYS FOR ITS PASSAGE, AND EVIDENCE OF ANY REQUIRED PURL I CAT 20a. I:F SAID MUrI=PALI-TY IS A "HOME RULE UNIT" PURSUANT TO ARTICLE- 7, SECTION G OF THE ILLINOIS CONSTITUTION, WE SHOULD BE FURNISHED EVIDENCE OF COMPLIANCE WITH THF' L'4UNICl- pALI_TY' S ORDINANCES) WHICH RELATE TO THE SALE OR TRANSFER OF MUNICIPAL PROPERTY i THIS COMMITMENT IS SUBJECT TO SUCH ADDITIONAL EXCEPTIONS, IF ANY, AS MAY BE DEEMED NECESSARY AFTER OUR REVIEW OF THESE MATERJA_IS_ r (AFFECTS LOTS 1 THROUGH 3, BOTH INCLUSIVE) U 14. PUBLIC UTILITIES EASEMENTS CREATED BY BECKER'S RESUBDIVISION PLAT DOCUMENT R97- 154108 PURPORTEDLY ABROGATED BY PLAT RECORDED NOVEMBER 6, 2002 AS DOCUMENT R2002- 302919 _ �_ PAGE B 3 ' 03/17/2003 10:03 3129300.701 JEFFREY W HORWITZ LT PAGE 07/10 CHICAGO TMTLE INSURANCE COMPANY COMMITMENT FOR TTTI.E INSURANCE SCHEDULE B ORDER NO.: 1410 0022,18240 UL I__ IF EXTENDED COVERAGE- OVER THE FIVE- GENERAL- EXCEPTIONS I& REQUESTED, WE SHOULD BE FURNISHED THE FOLLOWING - A A CURRENT ALTA /ACSM OR ILLINOIS LAND TITLE SURVEY CERTIFIED TO CHICAGO TITLE INSURANCE COMPANY; S. A PROPERLY EXECUTED ALTA STATEMENT, C. FOR UNIMPROVED LAND ONLY, UTILITY LETTERS FROM THE MUNICIPALITY IOR COUNTY (IF UNINCORPORATED), LOCAL GAS, ELECTRIC AND TELEPHONE COMPANIES, AND IF APPLICABLE, THE LOCAL CABLE TELEVISION COMPANY, MATTERS DISCLOSED BY THE ABOVE DOCUMENTATION WILL BE SHOWN SPECIFICALLY NOTE-- THERE WILL BE AN ADDITIONAL CHARGE FOR THIS COVERAGE, 2. NOTE FOR INFORMATION• THE COVERAGE AFFORDED BY THIS COMMITMENT AND ANY POLICY ISSUED PURSUANT HERETO SHALL NOT - COt"Si"lENCE PRIOR TO THE DATE ON WHICH ALL CHARGES PROPERLY BILLED BY THE - COMPANY HAVE BEEN FULLY PAID. e V 3. NOTE FOR ADDITIONAL INFORMATION: THE DUPAGE COUNTY RECORDER REQUIRES THAT ANY DOCUMENTS PRESENTED FOR RECORDING CONTAIN THE FOLLOWING INFORMATION: A. THE NAME AND ADDRESS OF THE PARTY WHO PREPARED THE DOCUMENT; B. THE NAME AND ADDRESS OF THE PARTY TO WHOM THE DOCUMENT SHOULD BE MAILED AFTER RECO TNG; C. ALL PERMANENT REAL ESTATE TAX INDEX NUMBERS OF ANY PROPERTY LEGALLY DESCRIBRa IN THE DOCUMENT'; D THE ADDRESS OF ANY PROPERTY LEGALLY DESCRIBED IN THE DOCUMENT; 1 E ALL DEEDS SHOULD- CONTAIN THE- ADDRESS OF THE- GRANTEE AND SHOULD ALSO NOTE THE NAME AND ADDRESS OF THE PARTY TO WHOM THE TAX BILLS SHOULD BE SENT. F. ANY DEEDS CONVEYING UNSUEDIVIDED- LAND, OR, PCIRTIONS OF SUBDIVIDED LAND, MAY NEED TO BE ACCOMPANIED BY A PROPERLY EXECUTED "PLAT ACT AFFIDAVIT." i IN ADDITION, PLEASE NOTE THAT THE MUNICIPALITIES OF ADDISON, AURORA, BARTLETT, BOLINGBROOK, CAROL STREAM, ELK GROVE- VILLAGE, ELMHURST, GLENDALE- HEIGHTS, GLEN ELLYN, HANOVER PARK, NAPERVILLE, SCHAUMBURG, WHEATON AND WOODRIDGE HAVE ENACTED TRANSFER TAX ORDINANCES -- TO RECORD A COMMYANCE OF LAME} LOCATED IN THESE MUNICIPALITIES, THE REQUIREMENTS OF THE TRANSFER TAX ORDINANCES MUST BE MET, A CONVEYANCE OF PROPERTY IN THESE CITIES MAY NEED TO HAVE THE APPROPRIATE TRANSFER TAX STAMPS AFFIXED BEFORE IT CAN BE RECORDED. FURTHERMORE, ALL DEEDS AND MORTGAGES SHOULD INCLUDE THE CURRENT MARITAL STATUS OF ALL INDIVIDUAL PARTIES, WHERE APPROPRIATE. A SPOUSE OF AN INDIVIDUAL GRANTOR OR MORTGAGOR MAY HAVE TO SIGN THE DEED OR MORTGAGE IN ORDER TO RELEASE ANY APPLICABLE HOMESTEAD INTEREST. THIS EXCEPTION WILL NOT APPEAR ON THE POLICY WHEN ISSUED. ftxRcul 03/17/2003 19:03 3129360701 JEFFREY W HORWITZ LT CHICAGO - E,hNSURANCE C®NIPANX COMMrrMEN'T FOR TrME INSURANCE SCHEDULE B (CON'TWUED� PAGE 0B /1Q Ucz '- u P)3/17/200: s 10. 03 X129380701 opil I � �f = O r o o; CIO �;j o z; d •�o a: > W I r t � r of O+ C• rG of n• mi n� of z' �f 54' .I i lipP i t � � J 15 ~ V JEFFREY W HORWITZ LT PAGE 09/10 Ln t ► I a I I f f vI gg� I I I I r r f f - - - - S00.04'04 "W 2+2-8& (243M) 0 0 h z rn � Q HERETOFORE DEDICATED PER DOCUMENT NO 203037 $ Rq�aa `b Y r e i g tI cn ' a 0 L'eYi.fTnTrn e•.s.tc ����� 03,/17/2003 10:03 3129360701 JEFFREY W HORWITZ LT M `'", • PAGE 10/10 i VILLAGE OF OAK BROOK I UTILITY tNT O, � MA TIO, l V` SALE OF LOWS 19 2 AND 3 OF THE SPORTS- CORE[WESTCHESTER PARK SUBDIVISION i • All three lots are currently serviced with 1 M2" water service lines'to a b -box at their front lot tine. • All three lots have sanitary sewers available along-the streets that they front on, but service stubs are not currently provided. Service lines must be built by the lot owner. • All three lots are curr_en_dy serviced- witb storm sewer stubs along their rear lot line that discharge into- the detention basin_ /mrwtstfhcgter park utility spmmary-shi Ct