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S-213 - 02/09/1971 - AGREEMENT - Ordinances Ref e jstmk 247,E � �. W 11AGrE CaAPA0A1S+ Ti�x EKE PRO e A f e.S- �Zrr'�0'dK3 0S P(4RchaSEs 1E )('TEIJs o, l oF- ORDINANCE NO. 3. . . L Q T R V M A G-aEEAJ SIB. Qn,p AN ORDINANCE AUTHORIZING EXECUTION OF Lot ! d 1: 1344+LC-K AGREEMENTS FOR ACQUISITION OF CERTAIN C*• Se R►1VG. Rot LANDS WITHIN 2 H E VILLAGE OF OAK BRooX S413 . (�N� 1_gNp NOP-TN vv w4W OF 11tACG a HALL ) Whereas, it is deemed useful, advantageous and desirable for 07f the Village of Oak Brook to acquire certain lands located in the Village; and Whereas , said lands are to be used for public purposes; and Whereas, agreements for the purchase of certain lands and for the gift of other lands have been submitted to the corporate authorities; and Whereas, said agreements are acceptable to the corporate authorities of the Village of Oak Brook; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, DuPage County, Illinois, as follows: Section 1. The President and Village Clerk are hereby author- ized and directed to execute on behalf of the Village of Oak Brook the two (2) agreements providing for acquisition of certain lands, copies of which are attached hereto and made a part hereof; and, that the payment under the "Agreement For Sale of Real Estate" be accomplished only after receipt of the deed as provided in the "Agreement of Gift of Land" . Section 2. This ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this 4 day of 1971. APPROVED: 4V President ATTEST: Village Clerk AYES: NAYS: Q. ABSENT:' A &e fF E rneNT T:o R SALE OT- REph ESTRIE �.-ri -'1 AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT is entered into this day of 1971, between PAUL BUTLER PROPERTIES, INC. , a Delaware corporation, and DEL E. WEBB PROPERTIES, INC. , an Arizona corporation, joint venturers d/b/a OAK BROOK DEVELOP- MENT COMPANY, hereinafter referred to as "Seller", and the VILLAGE OF OAK BROOK, a municipal corporation, hereinafter referred to as "Purchaser". 1. (a) Purchaser agrees to purchase the Z. 2064 acres of real estate, hereinafter referred to as "Premises" described on Exhibit A hereto, at a price of ONE HUNDRED TEN THOUSAND THREE HUNDRED TWENTY and 00/100 ($110 ,320.00) DOLLARS, hereinafter referred to as "Purchase Price". (b) Seller shall, at its expense, proceed to cause a Subdivision Plat to be prepared and recorded whereby Premises shall be shown as a separate lot. Said Subdivision Plat shall be recorded prior to the recording of the deed conveying Premises to Purchaser as herein provided, and the legal description of Premises in said deed shall conform to the legal des- cription for Premises pursuant to said Subdivision Plat. Z. Seller agrees to sell Premises at Purchase Price and to convey or cause to be conveyed to Purchaser, as herein provided, good title to Premises by recordable stamped Trustee's Deed free and clear of all liens and encumbrances except only those matters set forth in Exhibit B hereto. RTM 1/7/71 3. Seller shall pay the DuPage County Real Estate taxes on Premises for the year 1970. Purchaser shall cause Premises to be exempted from DuPage County Real Estate taxes effective as of the date of recording the deed conveying Premises to Purchaser., and Seller shall pay said taxes for the year 1971 prorated to the date of the recording of said deed. 4. (a) Purchaser has paid to Seller the sum of ELEVEN THOUSAND and 00/100 ($11, 000. 00) DOLLARS, hereinafter referred to as "Earnest Money" to apply on Purchase Price. The balance of Purchase Price shall be paid by Cashier's or Certified Check delivered to Seller within ten days after the title to Premises is shown to be good as provided in paragraph 5 hereof; or if Purchaser specifies any defects in title as provided in said paragraph 5, then the balance of Purchase Price shall be paid as aforesaid within ten (10) days following the date that title to ,Premises' is either cured by Seller or is accepted or deemed accepted by Purchaser as provided in paragraph 5 hereof; further provided that concurrently with such payment to Seller a deed shall be delivered to Purchaser conveying Premises in accordance with this Agreement. Upon delivery of such deed to Purchaser, Purchaser shall be entitled to possession of Premises. (b) At the election of either Seller or Purchaser evidenced by notice given to the other party no less than five (5) days prior to the date of closing as provided for herein, this sale shall be closed through an escrow with Chicago Title and Trust Company, in accordance with the general pro- visions of the usual form of Deed and Money Escrow Agreement then fur- nished and in use by Chicago Title and Trust Company, with such special provisions inserted in the escrow agreement as may be required to conform with this Agreement. Upon the creation of such an escrow, anything herein RTM 1/7/71 to the contrary notwithstanding, payment of Purchase Price less Earnest Money and less any other credits due to Purchaser, and delivery of deed shall be made through the escrow. The cost of the escrow shall be paid equally by Seller and Purchaser. 5. Within twenty (20) days after recording the Subdivision Plat referred to in paragraph 1(b) hereof, Seller shall obtain at its expense and deliver to Purchaser a Commitment for Title Insurance issued by Chicago Title and Trust Company, hereinafter referred to as "CT&T" , in the amount of Purchase Price, covering the date that said Subdivision Plat is recorded, showing title to Premises vested in the proposed grantor, subject only to the matters to which this sale is subject by the terms hereof, to the usual exceptions contained in said Commitment and in Owner's Title Insurance Policies issued by CT&T, and to any existing mortgage liens which, Seller warrants, will be released upon closing using, at Seller's election, funds to be paid upon delivery of the deed. Purchaser shall have ten (10) days after receipt of said Commitment for Title Insurance within which to examine the Commitment and notify Seller specifying any defects in title, and failing said notification, title shall be deemed accepted by Purchaser as of the tenth day following the date of receipt of such Commitment. If Purchaser notifies Seller of specific defects, Seller shall have sixty (60) days after receipt of said notice to cure said defects. Every Commitment for Title Insurance furnished by Seller hereunder shall be conclusive evidence of good title as therein shown, subject only to the exceptions therein stated. If Seller does not cure said defects within sixty (60) days after .receipt of such notice, Purchaser may, by notice to Seller: _3_ RTM 1/7/71 (a) Give Seller additional time within which to cure said defects; or (b) Accept title as it then is (with the right to deduct from Purchase Price liens of a definite or ascertainable amount); or (c) Rescind this Agreement within ten (10) days after the expiration of said sixty (60) days or extension of any additional time granted pursuant to subparagraph (a) hereof. The title shall be deemed accepted (without any deduction from Purchase Price) if Purchaser has not extended the time for cure or rescinded this Agreement within ten (10) days after the expiration of the sixty (60) day cure period or any additional time granted pursuant to subparagraph (a) of this paragraph. -If this Agreement is rescinded by Purchaser pursuant to this paragraph its only claim against Seller shall be for the return of Earnest Money paid to Seller prior to such rescission. If Purchaser defaults hereunder, then Earnest Money may, at the option of Seller, be retained by Seller as liquidated damages and Seller shall have no further obligation to Purchaser arising out of this Agreement. 6. Prior to conveyance of Premises to Purchaser, Purchaser shall have the right of entry upon Premises for the purpose of examining, inspecting, boring, testing and surveying Premises, and for any other P purposes deemed advisable by Purchaser, which other purposes shall be subject to Seller's reasonable approval. Purchaser agrees to indemnify and save Seller harmless from any and all claims arising from the conduct of such activities performed by Purchaser or caused to be performed by Purchaser upon Premises pursuant to this paragraph. On the completion of any such activity, Purchaser agrees to restore Premises as promptly as possible, including the surface grade and contour thereof as may have been disturbed by such activities, all to the reasonable satisfaction of Seller. -4- RTM 1/7/71 7. Purchaser may not assign this Agreement or any rights or obligations hereunder without the prior written consent of Seller. 8. Purchaser represents to Seller that Purchaser has had no dealing with any individual or firm which could or will give rise to a claim against Seller for a broker's fee or commission in any amount by reason of the execution of this Agreement or by reason of the sale of Premises to Purchaser. 9. All notices, demands or other writing in this Agreement provided to be given, made or sent by either party hereto to the other shall be deemed to have been fully given, made or sent when made in writing, and either served personally or mailed registered or certified mail and deposited in the United States mail with postage prepaid, addressed as follows: Wm. E. Gahlberg To Seller: Mr. rxRxx as, General Manager Oak Brook Development Company 1301 West 22nd Street Oak Brook, Illinois 60521 To Purchaser: Village Clerk Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Notice of a change in the foregoing address of either party shall be given to the other party as above provided at least ten (10) days prior to the effective w date of such change. 10. Title to Premises is held by Chicago Title and Trust Company as Trustee under Trust No. 46940, hereinafter referred to as "Trustee". Seller represents and warrants to Purchaser, its successors and assigns: (a) That at the time of the conveyance of Premises to Trustee the grantor was lawfully seized of an indefeasible estate in fee simple in and to Premises and had at the time of such conveyance, good right and full power to convey the same; _5_ RTM 1/7/71 (b) That Seller has good right and full power to direct Trustee to convey Premises to Purchaser; (c) That Trustee has good right and full power to convey Premises to Purchaser; and (d) Seller further warrants upon conveyance of Premises to Purchaser the quiet and peaceable possession of Premises, and Seller will defend Purchaser's title against all persons who may lawfully claim against such title. 11. This Agreement evidences the entire contract between Purchaser and Seller and supersedes any and all prior or contemporaneous agreements between there, whether written or oral. 12. The covenants, obligations, representations and warranties expressed are continuing obligations and shall survive the delivery of any deed by Seller and the payment of Purchase Price by Purchaser. IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Sale of Real Estate by their proper persons thereunto duly authorized on the day and year first hereinabove written. PAUL BUTLER PROPERTIES, INC„ and DEL E. WEBB PROPERTIES, INC. , Joint Venturers d/b/a OAK BROOK DEVEL PMENT COMPANY Sell By is eneral anager VILLAGE OF OAK BROOK Purchaser By�� President Attest: vt�l/ Village Clerk _6_ EXHIBIT A Lot l in Oak Brook Village Green Subdivision being a subdivision of parts of the Southwest Quarter of Section 26 and Lots 1 and 5 in Oak Brook Investment Company Assessment Plat No. 3, of part of said Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, in DuPage County, Illinois, according to the Consoer, Townsend and Associates Plat thereof prepared by Carl H. Ritzel, Registered Illinois Land Surveyor, under date of November 5, 1970. A copy of that portion of said plat showing Premises is shown on Exhibit A-1 hereto, EXHIBIT A 7`tit }6, i ,' ��� --20ff.EQSBmeAI f07°$/O7rIlZ DrzrfnQge pt1>pO.ses he y i i 9ri?nfed lo fke vi//ag�of Urak 8roo rvi/ic/herlght j ' ' I 1 %- reserved/ouse/heSyr�frcetorpoved�dwd; icv - (- �,� �-_._1 I porki'ngcpdJandm�pmyi�Porrr-o• �°_.._ 1170°05-'; "MV-B73.1T •- ; - 433.98' -tom `_ > �% ��1.52'rt7 I •c---' 475.50' N 306.15' 127.4 � - — -- - --- - - - — 1--4?-30 �Q•i I !O'I n>er1/neotl5t/.WFOL-Ro droscrr:cnftormg� z •B,p1 c7o � arzPivt roc,�ot-'p F�.�•-. _�-` "-� .�,J �N I��cisDj- 1r'��'G✓4G'a, 3 .��� so^ �- 2so o '� • Q C�S.�?I:.zit 7�Fc�ii' �i i U c( Y I , 1 - z 4� ` b '4 b� y L } D+', u ;U REC.Jviz.271965 . ._ -,... r �� -e•nv' t.. G z `� M o pa No.R65 2793 I O -"` > a cl t y 4 G C9 ,C-• ` C) -.� i XCC perzx>r'.w�.R64.26333 � Q� �' vl ti 6D77 rng l�nc per Iii7Tc�e �a� 3rtao-� zt�nir�g©rd rnar�ce Po GR3.177b-It- a n ; --z33 o,ct� 7C3cjhto-� orJ14 E1 - ^ S'O° j" ✓•� •930.6B•'•--- �� �q' Cltere bzl ded�cQ.'ed r 72D. O ✓ 0�1� t fvr public S/ree) BL t�{ C C i 6C3 IQ 601f. Bzjildrhq N line �e� t>r/lo�of @a Brom E _l ' 201;1,-17 ©re�ir�nC • , '� y >--- Eosernr?ntsforSm�rin T�/erinagepvrpccses <�+ 14�9� `� �• .-� h�'lrbygra,71ed1G1beUi//a96m.`OaFff^vci zifl,/lxrighf r>'Se7verllovselheSur �brpavedracdwoy,porxi�g F� III � 'c -+' and/ondscvprn9 p�rpotcs - 33'. 20"W-968.00'1". �L'c:=c ,: yr"7. G lz. 200 v Bast line mf SLVUtF Of Sec.26-yy-lt and olSO.E'05t/ln°S Of/O/•u 1 ono'S in Cole 9ro9 e Inveshnent L0mpany/Z5SeSSn7ent.; p � K 0. C Ln ce I �' n• -- -- x 1 a m ...•: .. . ��' poi tZ ,a_ ... RTM 1/7/71 EXHIBIT B 1. General real estate taxes for 1970 and subsequent years; 2. Zoning and building laws and ordinances; 3. Building line as shown on the Oak Brook Village Green Subdivision plat, as aforesaid; 4. Easement for Public Utilities along the South 20 feet of Premises as shown on the Oak Brook Village Green Sub- division plat, as aforesaid; 5. Rights-cf-way for drainage tiles, ditches, feeders and laterals; and 6. Acts done or suffered by Purchaser and anyone claiming by, through or under Purchaser. EXHIBIT B 000 i JOHN S.LORD CUSHMAN B.SIS!§kLL,JR. CUSHMAN B.BISSELL JOHN K.dCONNOR RAYMOND WEARING ANTONIO R.SARABIA NEWELL S.BOARDMAN THOMAS P.HEALY GORDON R.CLSE HAROLD EDWARD B.HADES KENNEN E.WIESESON LORD, BISSELL & BROOK THEODORE C.DILLER WILLIAM P.BUTLER GRAYDON H.ELLIS JOHN T.ANDERSON 135 SOUTH LA SALLE STREET HERBERTC.BROOK THOMAS L.STEVENS STEPHEN A.M ILWID RICHARD'CZLENTINE CHICAGO,ILLINOIS 60603 WILLIAM H.HILLIER WARREN C.INGE RSOLL DAVID M•GOODER" LESTER C.ZACZEK 312-786-620:0. RICHARD K.DECKER RICHARD C.CONKLIN MAX E.MEYER JOHN C.MERRIMAN CABLE:LOWIRCO 25-3070 , CHARLES H.WEI LAND JOHN F.O MEARA WM.BRICEN MILLER ALEX R.SEITH TELEX:25-3070 JOHN G.SMITH CLARK C.KING,JR. WILBUR S.LEGG EUGENE H.WACHTEL JAMES R.WIMMER MICHAEL SCHUETTE L•DUNCAN LLOYD FORREST L.TOZER JOHN S.SHAPIRA HAMILTON k.BEEBE RICHARD E.MUELLER THOMAS W.DEMPSEY coUNsEL WILLIAM K.JOHNSON ALVIN E.00MASH LOUIS F.SCHAUER WALLACE E.MALONEY C.ROY PETERSON RODNEY F.WILKEN ROBERT B.AUSTIN ROBERT A.KNUTI THOMAS J.BAUCH HARVEY S.LICHTERMAN GEORGE L.BURGETT JOHN P�M—RAE THOMAS J.BU R KE,JR, R.R.M6 MAHAN JOHN $•CHAPMAN CYRUS MEAD M JOHN E.CORKERY LESLIE W.MICHAEL JOSEPH E.COUGHLIN HUGH L.MOORE MICHAEL DAVIS STEVEN C.PAGE PAUL W.ENGSTROM THOMAS A.REYNOLDS DON W.FOWLER GLENN P.SCHWARTZ ROGER R,FROSS ROBERT E.STEVENS EDWARD M.GRABILL,JR. JAMES J.WALSH September 10, 1971 HUGH C.GRIFFIN WILLIAM T.WEAVER JOHN C.GURLEY EARLE T.HALE WRITERS DIRECT DIAL NUMBER 786-6272 Mr. James N. Urhausen Village Administrator Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Dear Jim: Enclosed is a fully executed copy of the agreement of gift of land dated April 29, 1971 between Butler Company and the Village of Oak Brook. I draw your attention to paragraph 3 and point out that, of course, the real estate taxes for 1970 have been paid and 1971 taxes through date of recording will also be paid by Butler Company. The provisions of paragraph 4, of course, no longer fit the situation but I see no reason to redo the agreement on this account. Enclosed is a copy of the deed that is today being for- warded to Mr. Butler for signature and for him to arrange for delivery of the deed to the Village, it being my thought that he may wish to do this with some ceremony or publicity involving you and Mr, Dean. To the reverter clause provided for in the contract, we have added a clause that is in the best interest of the Village; that is, LORD, BISSELL & BROOK Mr. James N. Urhausen Village Administrator September 10, 1971 Page Two an option to purchase it rather than let it revert if there is a building on the land. This, of course, applies only in the unlikely event of reversion. Very truly yours, LORD, BISSE L & BROOK Robert E. Stevens RES:jk Enclosures cc: Mr. Paul Butler Mr. John S. Teschner D • RES:jk 1/25/71 R&C ESMENT G,ft n� LRND y-aq-�11 vo8 AGREEMENT OF GIFT OF LAND This agreement is made and entered into this 29th day of April , 1971 , by and between BUTLER COMPANY, an Illinois corporation, and the VILLAGE OF OAK BROOK, a municipal corporation; WITNESSETH: 1. Butler Company hereby agrees to give to the Village of Oak Brook that portion of Lot 6 of Oak Brook Investment Company Assessment Plat No. 3 of part of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded July 23, 1964 as document No. R64-26333 in DuPage County, Illinois, which lies North of the land now owned by the Village at the Northwest corner of 31st Street and Spring Road and South of the Easterly extension of the North line of proposed Lot 1 in Oak Brook Village Green Subdivision as described in an Agreement For Sale of Real Estate of February 9th 1971 between Paul Butler Properties, Inc.. , a Delaware corporation and Del E. Webb Properties, Inc. , an Arizona corporation, d/b/a Oak Brook Development Company and the Village of Oak Brook (the "Agreement for Sale"), together with improvements thereon. 2. The real estate to be given by Butler Com an _to the Village Oak Brook the "premises") is o e surveyed off ( p ) t b by Consoer Townsend & 4� Associates and the legal description prepared by Consoer Townsend & Associates i f in making said survy of the premises is to be used in conveying the premises to the Village. When Lot 1 has been conveyed to the Village pursuant to the Agreement of Sale, the premises shall be conveyed to the Village by warranty deed, free and clear of all liens and encumbrances, excepting: (a) General taxes for the year 1970 and subsequent years; I (b) Zoning and building lines and ordinances; f 5/71,• (c) Public utility easements of record; (d) Drainage ditches, laterals, underground pipes, tile or other conduit, if any; (e) Other matters of record and (f) A clause requiring use of the premises for municipal government and municipal services purposes and no other, and providing for automatic reverter and revesting of title in Butler Company, its successors: and assigns, upon violation of said requirement; (g) The covenants set forth in Exhibit A attached hereto. 3. Butler Company shall pay the real estate taxes for 1970 and through date of recording of the deed and the Village .shall effect the exemption 1 of the premises from real estate taxes for the portion of 1971 subsequent to recording and for subsequent years. I 4. From April 29th 1971 until date of conveyance or j August 31, 1971, whichever first occurs, the Village shall be allowed to occupy i the premises rent free and shall have the right to do such testing and boring i rovided that the Villa a old on the premises as it sees fit, p hereb a g Y g rees to h Butler Company and the premises harmless from.any damage or claims arising I� out of or in connection with any such occupancy, testing or boring. j5. This agreement and all rights and obligations hereunder {� shall be binding upon and inure to the benefit of the respective successors and assigns of Butler Company and the Village of Oak Brook; provided that the Village of Oak Brook may not assign this agreement or any of its rights or obligations hereunder. IN WITNESS WHEREOF, the parties hereto have executed this agreement by duly authorized persons on the date first above written. I BUTLER CO NY, an Illinois corporation, By 40t . Its President ATTEST• By Its Assis_ant Secretary • i VILLAGE OF OAK BROOK, a municipal corporation, By-, _ .' Its President ATTEST: r By Its Cxca i i i • I foe.' 1 i s EXHIBIT A TO REAL ESTATE CONTRACT ' 1. Prior to the commencement of the construction of each building or addition thereto to be erected upon the premises hereby conveyed 1 or any new building additions to such initial building or buildings, the owner of record of the said premises, shall submit all exterior plans and specifications a 1 showing the general placement of such buildings, initially and ultimately, with setback from all lot lines, location and dimensions of parking area, driveway and truck and trailer approaches, to Paul Butler, Oak Brook, Illinois, for his approval from an aesthetic standpoint, based upon reasonably harmonious • c onformance with the structures and uses then existing or in the process of construction in the neighborhood, which approval shall not.be unreasonably withheld or delayed. •' 2. No billboard or advertising•signs other than those identifying the name. business and product of the firm occupying the premises shall be , erected on the premises except that one sign offering the premises for sale or rent shall be permitted, provided such sign shall be designed and constructed in accordance with the following'illustration:, r, h i White Lettering on Black Background or Visa Versa - All Weather Material j i NoN-2MDE.NTIAi. ! . 3'-8"(oporoxi mote ly) BLANK - B1ANKT INC. 2'-611 0�_T'u i I \,1 t;:►2 tj�,� `': I # (approximately) •maximum 's ILLINOIS PLACE . !2! I LL! N •; • Cpl ► CAGO , ILLINOIS 60607 c • MA9 - I11. 1 2 to 41, ti to • 2 0 " f' �• , 3. Each of the foregoing covenants, conditions and restrictions shall • run With the land hereby conveyed, and the breach of any of them or the con- , ° tinuance thereof may, at the option of the grantor, its successors and assigns, be enjoined, abated or remedied by appropriate proceedings. The breach of i 'any of the foregoing covenants, conditions and restrictions shall not affect, � Y g g , defeat or render invalid the lien of.any mortgage or deed of trust in 'the nature i �. of a mortgage on the premises. , 4. If any of the foregoing covenants, conditions or. restrictions shall be held invalid•or unenforceable,, such holding shall not impair the validity or r • otherwise affect the remaining covenants and wonditions which shall remain in full force and effect, 5. All of the covenants, conditions and restrictions' contained herein shall inure to the benefit of and be.binding upon the successors and • grantor, Butler Company, an Illinois corporation, and the assigns of the . grantee,, respectively.