HomeMy WebLinkAbout9301 & 9339 WAUKEGAN 1
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Village of cWlorton grove
Li
Office of the Corporation Counsel
Direct Telephone 847/965-2233
Direct Fax 847/967-2388
December 17, 1998
STORINO RAMELLO & DURKIN
9501 W. Devon, 8th floor
Rosemont, IL 60018
Attn: Nicholas S. Peppers
IN RE: Post Closing Letter concerning the acquisition of the
property formerly known as the Admiral Oasis Property;
Two residential sites adjacent to the east
Pursuant to the Redevelopment Agreement adopted June 10. 1996
Gentlemen:
The Village of Morton Grove makes the following representation
according to the authority granted under Ordinance 98-58, adopted
December 14, 1998, a copy of which is attached hereto as Exhibit "I".
1. To accomplish the abrogation of the two-eight foot easements
running east and west between the properties as defined in
Exhibit "A" attached hereto, except for the east fifteen feet
easement for all utilities but ComEd which retains a twenty-
two foot (22 ' ) easement.
2 . To accomplish updated current surveys to show the location of
all utilities and easements after the above abrogation.
3 . To guarantee to the developer or its assigns that the Village
of Morton Grove shall be responsible for payment or
disposition of all 1998 taxes existing prior to the closing
scheduled for December 18, 1998.
4 . To grant a vacation of the north-south alley, if properly
petitioned, lying east of and adjoining lots 14 to 20, both
inclusive in the third edition to Mills Park Estates being
Mills and Sons Subdivision in Section 18, Township 41 North,
Range 13, East of the Third Principal Meridian in Cook
County, Illinois. Further, or in the alternative, to allow
use of alley for developers' access.
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 a
Tel: (847) 965-4100 • TDD (847) 470-5249 • Fax: (847) 965-4162 %,,
Village of&Morton grove
• Office of the Corporation Counsel
Direct Telephone 847/965-2233
Direct Fax 847/967-2388
page 2
December 17, 1998
This closing letter is issued to satisfy the above requirements and to
facilitate closing the consummation of this transaction as above
defined.
If you should require anything further please advise.
Very truly yours,
By:
LARRY N. ARFT
Village Administrator
Village of Morton Grove
/ck
enclosure (exhibit "I")
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 ,g
Tel: (847) 965-4100 • TDD (847) 470-5249 • Fax: (847) 965-4162 t `,
s
0 CHICAGO TITLE AND TRUST COMPANY
1700 S. ELMHURST RD. , MT. PROSPECT, ILLINOIS 60056
INSTRUCTIONS: Section A and EITHER Section B,C,or D(as applicable)
must be completed and signed on ALL Escrows involving a sale/transfer.
ESCROW NO: NSC 098134239
A NOTICE REGARDING"FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT,"
SEC. 1445,INTERNAL REVENUE CODE
Effective January 1, 1985, Section 1445 of the Internal Revenue Code requires that every Buyer of real property from a foreign Seller withhold ten
percent of the gross purchase price and transmit that sum to the Internal Revenue Service for application against the Seller's tax liability.
Certain exceptions may apply,such as the purchase by a Buyer of property acquired for use as the buyer's residence and the amount paid is$300,000.00
or less.Also,the Buyer may rely on an affidavit from the Seller as shown below,subject to certain limitations.
If withholding is required,and the Buyer fails to make the necessary withholding,FIRPTA states that the Buyer shall be responsible for the payment.
CHICAGO TITLE AND TRUST COMPANY is not authorized by law to advise you on this tax matter.We suggest that you consult with your attorney
or tax advisor.
This form must be signed and returned by each named Buyer and Seller,or by an authorized agent for each named Buyer and Seller.
It\ lt er- w.oc4t4, Ceo1. pc_
Buyer Seller
Buyer Seller- r� /1
B CERTIFICATION OF NONFOREIGN STATUS v dt / �
(Individual)
Section 1445 of the Internal Revenue Code provides that a transferee (buyer)of a U.S.real property interest must withhold tax if the transferor
(seller)is a foreign person. To inform the transferee(buyer)tat withholding of tax is not required upon my disposition of a U.S.real property
interest. I, I c-(j I 4 ter' 111 (p�a K (T a f�-P r+ certify the following.
V O+ame ollram 1)
1. I am not a nonresident alien for purposes of U.S.income taxation 7 2. My U.S.taxpayer identifying number is 'R 4, - L O r9 1'?A o / ;and
( .al
3. My home address is 4 / pT r p-f( es 1ac4. , PMnit1-o 4, CRev/2 ILL 6005
I understand that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement I have made here
could be punished by fine,imprisonment,or both.
Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true,correct and dccomplete.
Dated: / 3-,l l i l ti r V t( 0 4 M..b -k ct o ut 'S
(Signature of Seller)
1
(Signature of Se Cr)r 17
IN CERTIFICATION OF NONFOREIGN S S et)R \ g01.4. AcS
(Corporation,Partnership,Transferor Estate)
Section 1445 of the Internal Revenue Code provides that a transferee of a U.S.real property interest must withhold tax if the transferor is a foreign
person. To inform the transferee th t withhold4ipg of tax is not required upon the disposition of a U.S.real property interest by
V i if o F nA n IS ay 0- O U pi ,the undersigned hereby certifies the following on behalf of
(Name of Transferor)
•
(Name of Transferor) �l
1. frill b I Mr.,it'"411 ti TKO✓e is not a foreign corporation,foreign partnership,foreign trust,or foreign
(Name of Transferor)
estate(as those rteerms are defined in the Internal Revenue Code and Income Tax Regulations):
2. I`jri I O 4 'N\ p1Cl�t[ a-/l�0 t/ F 's U.S.employer identification number is 2,�j-6 a 0 4001 and
'• F of Trans eror) n
3. Y ii( D L rt e s et a-eC o ✓ understands that this certification may be disclosed to the Internal
(Name of Transferor)
Revenue Service by transferee and that any false statement contained herein could be punished by fine,imprisonment,or both.
Under penalties of perjury I declare that I have examined this certification and to thq best of y knowledge and belief S is true,correct and complete,
and I further declare that I have the authority to sign this document on behalf of �tT (4l\,a �d Q,RO V
''' /// O (Na (Trans emr)"N'
Dated: l r/ l ' r •r,- c L� IS'
411 111 • RP ( eu).ttsr %
•
CHICAGO TITLE INSURANCE COMPANY
STATEMENT REQUIRED FOR THE ISSUANCE OF ALTA OWNERS AND LOAN POLICIES
Commitment No. Loan No.
Date 7 -1 f �( 51F-
To the best knowledge and belief of the undersigned.the following is hereby certified with respect to the land described in
the above commitment.
I. That.except as noted at the end of this paragraph.within the last six(6)months a)no labor,service or materials have
been furnished to improve the land.or to rehabilitate,repair.refurbish,or remodel the building(s)situated on the land;
b)nor have any goods.chattels,machinery.apparatus or equipment been attached to the land or building(s)thereon,as
fixtures: c) nor have any contracts been let for the furnishing of labor, service, materials. machinery. apparatus or
equipment which are to be completed subsequent to the date hereof; d) nor have any notices of lien been received.
except the following, if any: l j1k A e
2. That all management fees. if any,are fully paid.except the following:
' rvV 1
3. That there are no unrecorded security agreements,leases,financing statements,chattel mortgages orconditional sales
agreements in respect to any appliances.equipment or chattels that have or are to become attached to the land or any
improvements thereon as fixtures,except the following. if any: ewe
4. That there are no unrecorded contracts or options to purchase the land.except the following, if any:
5. That there are no unrecorded leases.easements or other servitudes to which the land or building,or portions thereof.
are subject. except the following, if any:
6. That,in the event the undersigned is a mortgagor in a mortgage to be insured undera loan policy to be issued pursuant
to the above commitment, the mortgage and the principal obligations it secures are good and valid and free from all
defenses: that any person purchasing the mortgage and obligations it secures, or otherwise acquiring any interest
therein. may do so in reliance upon the truth of the matters herein recited: and that this certification is made for the
purpose of better enabling the holder or holders, from time to time, of the above mortgage and obligations to sell.
pledge or otherwise dispose of the same freely at any time.and to insure the purchasers of pledgee thereof against any
defenses thereto by the mortgagor or the mortgagor's heirs•personal representative or assigns.
7. That. I/we am/are the purchaser(s)or mortgagor(s)of land improved with a residential dwelling not exceeding four
units.and no current survey or mortgagee's inspection report has been furnished to or is available to me/us. (Delete
statement if not applicable.)
The undersigned makes the above statement for the purpose of inducing Chicago Title Insurance Company to issue its
owners or loan policy pursuant to the above commitment.
k'
Se or net Purchaser
4a"ty6' €/J er o�C4 (Seal) (Seal)
1>2e-s U , t or &&RT/ . 4 reo ✓E
_, ea.i__. . A -41 (Seal) (Seal)
cIERk, Wit of oe •,r GRevE
LENDER'S DISBURSEMENT STATEMENT
The undersigned hereby certifies that the proceeds of the ban secured by the mortgage to be insured under the loan policy
to be issued pursuant to the above commitment were fully disbursed to or on the order of the mortgagor on
. You are hereby authorized to date down the above commitment to cover the date of said disbursement.
Darer! Sienature
PERSONAL UNDERTAKING
(GAP)
WHEREAS, the Chicago Title Insurance Company, hereinafter referred to as the "Company, is about to issue its title
insurance policy or policies or commitments therefor, all hereinafter referred to as the "Title Insurance Policy", No.
1409 007775978 NSC ,in respect to the land described therein;
AND WHEREAS, the Company has raised as title exceptions on the Title Insurance Policy certain defects, liens,
encumbrances,adverse claims,or other matters,all hereinafter referred to as"Exceptions to Title",described as follows:
All rights,interests, liens, claims, encumbrances, or defects in title or any of them, or any rights existing by reason of
the consequence thereof or growing out thereof subsequent to DECEMBER 9, 1998
AND WHEREAS, the Company has been requested to issue the Title Insurance Policy,and may hereafter,in the ordinary
course of its business, issue title insurance policy or policies or commitments therefor in the form or forms now or then
commonly used by the Company, or issue hold harmless or indemnity letters to induce other title insurance companies to
issue title insurance policies or commitments therefor, in respect to the land or to some part or parts thereof, or interests
therein, all of the foregoing being hereafter referred to as "Future Policies or Commitments", either free and clear of all
mention of the aforesaid Exceptions to Title,or insuring against loss or damage by reason thereof;
NOW THEREFORE, in consideration of the issuance of the Title Insurance Policy and the payment of $1.00 to the
undersigned by the Company, the sufficiency and receipt of which are hereby acknowledged, the undersigned,jointly and
severally,for themselves, heirs, personal representatives, and assigns do hereby covenant and agree with the Company: (1)
to forever fully protect, defend, and save the Company harmless from and against all the Exceptions to Title, in and from
any and all loss, costs, damages, attorneys'fees, and expenses of every kind and nature which it may suffer, expend or incur
under, or by reason, or in consequence of the Title Insurance Policy on account, or in consequence, or growing out of the
Exceptions to Title or on account of the assertion or enforcement or attempted assertion or enforcement thereof or of any
rights existing or hereafter arising,or which may be claimed to exist under, or by reason,or in consequence,or growing out
of the Exceptions to Title or any of them; (2) to provide for the defense, at their own expense, on behalf and for the
protection of the Company and the parties insured or who may become insured, against loss or damage under the Title
Insurance Policy (but without prejudice to the right of the Company to defend if it so elects) in all litigation consisting of
actions or proceedings based on any Exceptions to Title which may be asserted or attempted to be asserted,established or
enforced in, to, upon,against or in respect to the land or any part thereof, or interest therein; (3) to pay, discharge,satisfy,
and remove from the tide to the land, and clear from the public record all of the Exceptions to Title on or before
ONE MONTH FROM RECORDING ; and (4) that each and every provision herein shall extend and be in force concerning
Future Policies or Commitments.
The foregoing notwithstanding, it is hereby covenanted and agreed, and expressly made a part of this agreement, that the
liability of the undersigned hereunder shall cease and determine at such time as the Company shall have completed all of its
various title searches and examination thereof covering the date of DAY OF RECORDING ,required for the
issuance of the above policy; provided, however that (1) no rights, interests, liens, claims, encumbrances, or defects in title
or any of them, or any rights existing by reason or m consequence thereof or growing out thereof are disclosed by the
various title searches and examination thereof; (2) there is then pending no suit, action, or proceedings, either direct or
collateral,to assert,establish,or enforce the said mentioned rights,interests,liens,claims,encumbrances,or defects in title,
or in any of them, or any rights existing or arising by reason or in consequence thereof or growing out thereof; (3) that no
judgment, order, or decree rendered in any such proceeding remains unsatisfied; and (4) that the undersigned is not in
default in the performance of any of the terms,covenants,and conditions hereof.
FOR CORPORATIONS FOR INDIVIDUALS
IN WITNESS WHEREOF, the undersigned, being IN WITNESS WHEREOF,the undersigned have
the hereinafter named corporation,has caused these executed this agreement this day of
presents to be signed by its President and attested by A.D.19
its Secretary and has ca ecArcorporate seal to be
her o affixed this / y of
A.D.19 iJ $ . (SEAL)
Social Security Number:
Address:
411 .NIer
�BY:
/ F
ident
A i � I� iI (SEAL)
Secretary Social Security Number:
ADDR Ds OF CORPORATION: Address:
Accepted and Approved By.
Date: (NAME)
GPERSUND MDM
CHICAGO TITLE INSURANCE COMPANY B. TYPE OF LOAN
CHICAGO TITLE AND TRUST COMPANY 1. O RR t O 701HA 11:1
8R: E. D. NO OSSIR
DATE OF 121t232171101:: 12/21/98 Fs O..„VA bin 5.q .PS
t O cOv MV8
7775979 R7-.
yy��rr That or PRINT��=: ,1yp0:49 1098134239.001 fl NEC
U.S.DEPARTI IEW O�2LQA URHAEnT limn..nun oft 14 7Dr
i. NOTh ninona fun.Md to 9?Ayou serene)at ell n®sat eat polo to and by er solwmntmutt ae town, nee read
119.e.)•weeosd°W S.to owdna my to Si....ble for bar Sal woos aid on pod MlduddMir mulct
7. NAME OF BORROWER: TTC WRLCS GROVE MLaLraw rwuWW WS
ADDRESS:
E. NAME OF SELLER: VILLAIN OF ll31rr0E1 GROvs
ADDRESS;
P. NAME OF LEtd R: C.P. LENDER LLC
ADDRESS:
a. PROPERTY LdCATION: SRI ATTACHED
ILLIROIS
14. SETTLEMENT AGENT'. CHICAGO TSTLS ASD Tamar I. SETTLEMENT DATE:
ADDRESS: 1700 a. ETAECOtBT RD. _
PLACE OF SETTLEMENT: 1700P a^rt
a.. sf }QQ1 no. 111180 S 60056 DISBURS MENT DATE
A-DDoREnSoSp: C. PROSP1CT ILLI1025 W AARV 0600009666 ari Ica ,Mae Madan DUEEPROFI� o 400. SGRO9QawrDY8T08H1LTRANSA01)ON
101.Canaasales pea 1.400 000 00 401 Ono"was pen 1.400_000.00
lot Prue*Prepary 40¢PaewS -
103.Saman S A....... '.. •._.r•• E
10445wconal coon l lies 11 638 004a.ww 0C&TI03 cute IIM/ T1 638.OQ
a a
Mummies for tams paid by seller M advance Manama a for Items Add by Mkt In advance _
7a.O*/Iaml Woo to _ a(17052411 Fier to .
107.Canytons to 407.C4lnyfo to e _
jot Auemnwi. to 401 Annerranm to -
109, a -
110. 410.
III. 411.
112. 412.
120.OA0611A057 DUE FROM BORROVln 741 00410.G110s8AMT CURIO Wraa 1 411 618 00
700. AMOUNTS PAID BY 00114 5NWFOPSbI60yYPN a00 I115DUOECMSIN AYIOJ1TDUE70 SE IM
211.Deposit arnaat mousy Wt.BONS deposit gee Mrh o&.)
202 rW1dpd manta now Ion* t Sdtlntdraeoar Eno 4,955.00 W
201 Editing loan(o)elan salaam 502 BMWs loanl)eNt1 Sotto
304.Rydl at tat mflc.loon
a04
201 act.PESO of mead~gap loan
as am
am a
a se. _
A(Rustrnalta for tare unpaid by agar AqueNMrubf Saran unpaid by S _
210.Oyfmwnsin to 610.Oy/lovolSo to _
211.tbumytaxs to 511,C0tAS Qa e
212 Aeswnam to 612 A-..11wn to
211 A 612
214. 514.
215. 518
216 _516.
217. 517, -
21t 518 •
219. 611
222 TOTAL PAID BY/FORBORROWER 'e70. TOTAL REDUCDONS MAT DUE SELLER 4.91111 OR
ma. CASH AT SETTLEMENT FROM/TO BORROWER a CASH AT SEIILEMENTTO/FROM BEIJ.ER
a01(ims art due from barrow Ono 1231 1 see 741 On S' &OMWMduemeelr fhb 420) 1.411.636 00
a Us ands�byf orboom sr Qin220) , ( O.aI acct laaedueaamin an*duo SOr(Ono sop ( 4.915.00)
Mt CASH( FROM)(O TO)BORROW91 1.460.741.00 801 CASH(It TO ( O FROM)SELLER 1.406.663.00
thaw coraAy redewedtr NUD1 Samwt.t Seemed ad Who bet of my. . •baE,Untrue and opamod ..,.ad o0100*11
and at.ssrnonb made on my=count or by me In 11!4 tenoostlo4 I Ott.nay. a... .4 •1: . ,y,., _yam fir
sea.... find / •� i
TTC 1034T011 ROW UNITS PAMTWOIWIP LL11Q OP Kea I G09E
Tot.bad of mySQwledp,U.S HU •1 aetlsnlont Roam=0401111WA: • .. �• .d=WINO onctafl St to Ands Web mimed an
hove been or wN1 be amOrsod bytland*Sgnod as pleat the emermmarl ate. tie (• .
ase.nooLo.a .d. -
TPR6a!aeaarnwares mRlroY sSlM YM 5,WI It went Our•Woken 1►..r wen amain an%what.SI kiwI•..t Per&sins
Two 1suLCea Snow mar...I wen ion
ixel HUM OAK)REINA,RS 4300.2
900/200?J atlas 09Y3IH3 9189 LOC 11145 90:27 98/t2/ST
P.2057-01 4/00 Pap 2 OMB Mt.2572-0205 LCxp.12.914b1
o4a/ABSt 777597, &7 L NTp4ARGEB TIM OF PRIVEIIRl: 10:49
�bL'i 99.134139 113" NBC Cat" OP PRIRTIN6:17/2+/0,
70. 702AL Mae/BROKER,COMMISSION bend On orkm PAID PROM I PAID FROM
f 1400c000.0 ® •■ BORROWER'S SEILER'S
Malone.tArmrebrl Rra 7000 n1dbuto FUNDS AT FUNDS AT
701. SR $ to SETTLEMENT BETTLEMB(T
102. SR • r -
Ma. CommlW m paid al 8M0MWnt
0110•y rMMMby Mont applied to commission ) -
706. 0111"Mien OSOM POMP":
706 MdI1brM mmsrSWmc 3 is I
*co. ft9AB PAYABLE IN CONNECTION WITH LOAN
,Oi. ten Odtlnatal Fee t
e01 Lon DbmJnt t
803. Apprebd Poet
801. Croat Icon lo
011. Lalda"Mematon Re to
006. 'Sapp Iowan=Appladon Foe to -
107. AMWnpIbn No to
001 LOW Fas TO C.F. LIJCU LLC 33.000.00
Be. LamEt ATTORNEY FEES TO C.F. LIWBB LLC _ 2.500.00.
010. -
811.
112.
im. ITEMS REQUIRED BY LENDER CC TO BE PWD IN ADYAN -
801. tone from to ®f OW 108 0 OM
122. *MAP Ps Magna Premium for 0.00 mware _ .
BW- tlearld Omni Mnium fee 0.00 Minn
004.
906
1006 RESERVES DEPOSITED WITH LENDER
tom.Heard MnnM e.0 melt its per mat
la Mori e e IMwnOe 0.00 n-mnel 6B pit
I .Qip propmrryteuM a.cc month BB par mnm -
OWE.Mufti prepenyloom 0.00 month®B per moot .
1000. Anur MMnnd 0.00 month 5$ pa month
100. 0 Wmadl p rTOM
1W. a.00 Whit if per mOeO .
1006 Amp-opts Appoint TM Mlutirnt 0.00 0.00
1100. TM F(SIARRF9
1101. SMWnlentor Owing FS to CIICAfA T1TU ANE MIT COMPANY 1.023.00
1102.MONO ST IS eeerdl to .
1101 71de MMMMepn to
_1104 TM,rase bhtla to
1105. PTOInMnpropr+lon to .
110. ICnyten to
'1107. I41amry1 M to
lie.tldubawnnm to CNICA•0 TITLE 111URAEfZ QMBNY 1 920.00 650...
0(11Ndu PCP NM numbMO:) - - t Y
1100.LandersaVMW $3 700.00.00 • 920.00 i � .s
1110.0~9000C+30 $1400.000.00 • 2.450.00 o <.F, M :
`i::
1111. my welt STLYE CL0SIBG FEE 300.00
1112. T.1. FEE P90CLKr1 50.00
1113. INVElT0E117 FEE 100.00
120a GOVERNMENT RECORDING AND TRANSFERCHARGES
72(11. Necortline fume Mod$ 25.00 ;Obtlyps $ 113,00 : Pas • 138.00
tM2. Cty/M:,nlpbgMmps: Con • ;Ma ar • _
1203. Srr taaforpe Deed $ I Morl•e8e • _
10(11.UCC FILING AID 10*0O 545.00
1901 OHM FEE 10.00
1306 ADDITIONAL BETR-EMENT CHARGES
1901 Sumo
In •ANEONEtI MO PATTI( 010.00
1302.Podbrpetebn to .
1909.
1904.
1906.
180&
1307. y�y
1403. TOTAL BETTIEENTDHMaEB Weer on 11r1e ICA an* nd 932.ee000 It 1��0 O4 51555.00
Man mdu09 reamed•r HLS I Ss*nwit 8br0i d and r Mm bad of my. Md- sr addbbweabnr mods n my mMolmt or ty me h wlamtlodn,Itunlw• Pat - OfwWLA1 9to rnwnt
SWAM TIC NORTON GROVE LIMITED PMIINNONIP aAGE or .11114tivt 1
The MO.13aL.. d Sterol which I hay prepared b■bn Md mosey amalt ogees trwuO.L thaw..,.^!'� • W9 owes tads to be
dpburasd in aemrdrq WM1 thb.MMlarl.
toonvmert be
Wawa a Yt dmiour a*blsomeammtb ma um.. -M9►nW elm tioent Pawl.0.M tawt.m *Out aMaad Irplrnn4 FS al raw.
TY 1auANSew W.1001-Ii-.1010.
li[IAl @/9m af54A.NP45M2
TOD/t00® Tull 09•3I89 C902 LOG Via LO:ST 96/T2/ST
cat AND TRUST 03IPANY
ESCROW RECEIPT AHD DIHBORSEMENT AUTHORIZATION PAGE 1
ESCROW.IR H: 0901342239.001 O SR NOt: 01409-007775970 NEC
BUYER: ITC LOR1ON GROVE WHITED PARTNERSHIP
SELLER: VILLAUt OF 3CRT N GROVE
PROPERTY: ILLINOIS
RECEIPTS
C.P. TENDER, Lt.0 1,450,741.00
TOLL RECEIPTS 1,450,741.00
uoea.uaae..
DIBBVRSENYITS
A CHICAGO TITLE AND TRUST C@BAHY
BETTLOterr OR CLOSING FEE 1,025.00
TITLE INSURANCE 5,570.00
NEW TORE 8TLYE CL08t11 PEE 300.00
T.I. FEE PROCESSING 50.00
INVESTMENT FEE 100.00
RECORDING FEES 138.00
UCC FILItG AND SEARCH 545.00
WIRE PEE 20.00
CHECK TOTAL 7,740.00
B C.P. LENDER LLC
LOAN FEES 33,000.00
LENDER ATTORNEY FRES 2,500.00
CHICK TOTAL 35,500.00
C SAHBORSHI AND 80ATTIS
SURVEY 910.00
CHECK TOTAT, 810.00
O VILLAGE OF !ORTON GROVE
tNT PRDCEEDS TO SflLER 1,406,683.00
CHECK TOTAL 1,406,683.00
TOTAL DISBURSEHRNTE 1,450,741.00
BALANCE 0.00
The odeaipW eaaotae Chtego The and That Co q',r Ewan,tomb the apa08uea and dbhnemas tz land above'Mae bogey apptae the
aura Was*as sally.Itt rant The oedoeped amtppes candy as*salmon a ate zeta a4 easier,dozy,fanbbd a aaxby S the Icon
aepmdu and aa:de amdm&a therefor Ins actual at W2ebhpa cantor Odom
'f cie-7 4
Date Buyer Seller /
Chicago Title & Trust Co.
Authorization
12/21/98 10:50 ION
100/900E
MI II 09931 113
2502 LOC L99a 90;Z7 98/T3/2t
Law Offices of ✓ U
Gabriel S. Berrafato & Associates
8720 Ferris Avenue
Morton Grove,Illinois 60053-2843
Telephone(847)965-2233
Facsimile (847)967-2388
Gabriel S.Berrafato
Marc S. Porter,of Counsel
December 22, 1998
Village of Morton Grove
6101 Capulina Avenue
Morton Grove, Illinois 60053-2985
Attn: Larry N. Arft, Village Administrator
In re: Sale of Admiral Oasis property.
Including the two residential sites
Dear Larry:
As you are aware, we closed this matter on Friday, December 18,
1998; the funds had to be wired transferred to the title company,
and then from the title company to the Village via the First
National Bank of Morton Grove.
I am now pleased to inform you that I have received word that the
funds were received Monday, the 21st of December 1998, and they
have been wired transferred to the Village.
Accordingly, and pursuant to the procedures of the closing, please
find enclosed the following documents:
1. The HUD Statement also referred to as RESPA which gives a
complete breakdown of the transaction between both Seller and
Purchaser; also included is the Escrow Disbursement Statement
which lists the payments made.
Please note that the purchase price was $1,400, 000.00 along
with reimbursement of one-half of the cost of relocation of
the ComEd lines in the sum of $11, 638 . 00 for a total figure of
$1,411,638.00.
Please see page two and the disbursement statement to show the
receipt and payment of all funds.
2 . A copy of a closing letter which was signed by yourself prior
to closing.
3 . A copy of a post-closing letter which was signed by yourself
prior to closing.
4 . A copy of the title indemnity for $56, 485. 00 which was signed
by myself on behalf of the Village.
5. A copy of the personal undertaking (GAP) signed by myself, as
well as the ALTA Statement signed by the Mayor and Clerk.
•
Law Offices of
Gabriel S. Berrafato & Associates
page 2
December 22, 1998
Please note that the Village should receive the net sum of
$1,350,198.00, by wire transfer via the First National Bank of
Morton Grove.
I would respectfully call your attention to the fact that there are
several very important items left to be completed by the Village of
Morton Grove. These are more clearly spelled out in the closing
letter, the post closing letter, the title indemnity which was a
guarantee that we have all taxes on this property marked exempt at
which time the funds will be released to the Village.
In the interim, the $56,485,00 has been deducted and invested as
directed by myself in Treasury Bills, the interest to inure to the
Village of Morton Grove.
Obviously, the matter has been consummated, but the above items
must be complete which is presently being handled by my office and
of course, the consultants, the surveyor and the utility companies.
In addition, we did discuss the handling of the net proceeds both
with yourself, Dave Erb and Chapman and Cutler.
If you should require anything further please advise.
- s truly yours,
• :RIEL S BERRAFATO
/ck
enclosures f//
cc: David O. Erb, Finance Director
Law Offices of
Gabriel S. Berrafato & Associates
8720 Ferris Avenue
Morton Grove,Illinois 60053-2843
Telephone(847) 965-2233
Facsimile(847) 967-2388
Gabriel S.Berrafato
Marc S.Porter,of Counsel
March 1, 2000
David 0. Erb
Finance Director
Larry N. Arft
Village Administrator
Village of Morton Grove
6101 Capulina
Morton Grove, IL 60053
In re: Tax Problems Concerning Properties Commonly Referred to as the
Walgreen's Parcel and St. Paul Federal's Parcel
PIN 10-18-115-033 and 034
PIN 10-18-116-021
Dear Dave and Larry:
As you know, when we closed this matter with Taxman and his Limited Liability
Corporation, certain monies were withheld from the Village and placed in a Title Indemnity
Fund, which is presently earning interest and which I thought would have been released
long before now.
The reason for this letter is to maintain a paper trail concerning that file and our
monies presently held in a Title Indemnity Fund at Chicago Title & Trust. First, it is true
that our money is earning interest while being held by the Title Company, but it is not
considered a great return for monies invested. I thought this would have been released
long before this date.
To bring you up to date and explain why those funds are still being held is a
"comedy of errors" that occurred upon the Admiral's acquisition.
1. There were taxes due for the years of 1996 and 1997 on all 3 parcels (the
PIN's named above) for which the owner had paid the first installment of the
taxes due.
2. Upon the completion of the condemnation, the Treasurer/Condemnation
Department refunded those paid 1996 and 1997 taxes based upon the legal
concept that the title reverted to the date that the lawsuit was filed, which
was proper and legal.
Law Offices of
Gabriel S. Berrafato & Associates
David O. Erb, Finance Director
Larry N. Arft, Village Administrator
March 1, 2000
Page 2
3. However, in order for the taxes to be marked and held exempt, the County
Treasurer had to issue an Exemption Letter. This letter was delayed
because the Illinois Department of Revenue (Springfield) had to issue a letter
concurring with the Exemption, which in effect ran by the date thus causing
the taxes which were in arrears (delinquent taxes) to be sold. Although the
Treasurer's Office had assured my office that the parcels would be removed
from the delinquent list of properties going for sale, they were left on the list
and sold. Therefore, the 1996 and 1997 real estate taxes due on the
Admiral Oasis were sold at a scavenger sale to an outside firm.
Consequently, this necessitated an additional two-step process that the
Village had to undertake in order to ensure that delinquent taxes sold could
not under any circumstances generate into a tax deed affecting the Village's
property.
The two-step process is as follows:
First, two Certificates of Error had to be obtained and filed for the two years
(1996 and 1997).
Second, since the delinquent taxes were sold, although Certificates of Error
had been issued, it required a further step to rescind the sale and return the
funds paid, which is called a "Sale in Error." The "Sale in Error" is a process
where the Cook County's State's Attorney's Office files a lawsuit in the form
of an injunction on behalf of the Village to set aside the sale of the delinquent
taxes based on an error since the property was exempt from taxes when
sold.
Accordingly, I have just received a letter from the County Treasurer showing that the
State's Attorney's office will proceed now on the "Sale in Error" but it will take between four
to six months, unless the State's Attorney can speed up the process.
The Tax Sale Department of the Cook County Treasurer's Office has assured my
office that these procedures will be expedited, but there is no guarantee as to the time
involved.
I would suggest that this letter, along with the attached copies of the letter from the
Cook County Treasurer's Office, be attached to the Admiral Site/Taxman Sale inasmuch
as we will not be receiving the Title Indemnity Funds for some time (as indicated above).
Law Offices of
Gabriel S. Berrafato & Associates
David O. Erb, Finance Director
Larry N. Arft, Village Administrator
March 1, 2000
Page 3
If you need any further questions answered, please contact the undersigned.
V -truly yours,
G RIE,L S. BERRAFATO
GSB/amz \
Enclosure(s)
P.S. In the sale of the Fireside property (Village to Rohrman), this foul-up did
not occur and it would appear that as soon as the second installment of the 1999
taxes comes out (August or September, 2000), we should then obtain a refund of
our Title Indemnity placed separately in that transaction.
I would suggest that a copy of my letter be placed in the Fireside file as
well as the Admiral file.
C:\DATA\WORDDOCS\VILLAGE OF MORTON GROVE\GEN CORRES\ERB-ARFT LTR 02-28-00.DOC
Urn•
OFFICE OF THE COUNTY TREASURER
COOK COUNTY, ILLINOIS
MARIA PAPPAS ROOM 212.COUNTY BUILDING
,IWNOIS 60602
l
February 24, 2000
Gabriel S. Berrafato //,'
8720 Ferris Avenue k Ca
Morton Grove, IL 60053-2843 Y'7 -�
Re: Volume: 116 c! _� \
Pin: 10-18-115-034-0000 * 1 �j rte"_ •
��
Tax Buyer: Funb Plymth Y��t 1.
Type of Sale: 1997 Annual Ihs' ,[,�
a
eto This letter is to inform you that the documents submitted to our affiCliave been
forwarded to the State's Attorney's Office for legal review. Please be advised that this
letter does not ensure that the Tax Sale will be vacated.
The State's Attorney's Office will only proceed on matters which fall within the
mandates of the Illinois Property Tax Code "35ILCS 200/21-310".
If you need additional information about your sale in error you may contact the State's
Attorney's Office at (312)603-4713.
Thank you for your patience in this matter.
Sincerely,
,1it Tax Sale Department
Bob Newman (312) 603-6234
Tax Sale Department (312) 603-6287
® Rawl as Rap d Paper
moo*
• oRtiec,
"a1N0
OFFICE OF THE COUNTY TREASURER
COOK COUNTY, IWNOIS
MARIA PAPPAS ROOM 212,COUNTY BUILDING COUNTY TREASURER CHICAGO,ILLINOIS 60602
� ��
t
fi � ,� �
February 24, 2000
Gabriel S. Berrafato ' C i� Ls_
8720 Ferris Avenue
Morton Grove, IL 60053-2843
Re: Volume: 116 ov-t ti o"-t '
Pin: 10-18-115-033-0000 & 10-18-116-021-0000
Tax Buyer: S. I. Securities
Date of Sale: 03-24-99 bC
Type of Sale: 1997 Annual
This letter is to inform you that the documents submitted to our office have been
forwarded to the State's Attorney's Office for legal review. Please be advised that this
letter does not ensure that the Tax Sale will be vacated.
The State's Attorney's Office will only proceed on matters which fall within the
mandates of the Illinois Property Tax Code "35ILCS 200/21-310".
If you need additional information about your sale in error you may contact the State's
Attorney's Office at (312)603-4713.
Thank you for your patience in this matter.
Sincerely,
e k,
Bob Newman
Tax Sale Department
® Prised v Reepckd Pica
•
Village of oVlorton grove
Office of the Finance Director/Treasurer
pril 12, 2t'
•
Ms. Lisa Roberts
Chicago Title and Trust Company
1700 S. Elmhurst Road
Mt. Prospect, Illinois 60056
Dear Ms. Roberts:
I am writing in regards to Trust, Indemnity and Security Agreement No. 7775978. This
agreement was set up as part of a sale of property on December 18, 1998. The "Title Insurance
Policy" No. is 1409-007775978-NSC. The amount deposited under the agreement was
$56,485.00. A copy of the agreement is enclosed.
Our Auditors, Clifton Gunderson, LLP have asked for the following information regarding this
agreement:
Investment Type
Investment Balance as of 12/31/00
CUSIP Number of Investment
Maturity Date of Investment
Party in Possession of Investment
(address)
(city, state, zip)
(contact person)
(phone number)
Also include a statement for the period ended 12/31/00 which verifies this information. Please
complete this information and return to my attention at Village of Morton Grove, 6101 Capulina
Avenue, Morton Grove, Illinois 60053.
If you have any questions, please contact me at 847-663-6103. Thank you.
Sincerely,
David O. Erb
Finance Director/Treasurer
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053-2985
Tel: (847) 965-4100 • TDD (847) 470-5249 • Fax: (847) 965-4162
• TRUST,INDEMNITY AND SECURITY AGREEMENT WITH DEPOSIT OF FUNDS
• TO PROTECT AND SECURE AGAINST EXCEPTIONS TO TITLE
Trust,Indemnity and Security Agreement No. 7775978
WHEREAS,the Chicago Title Insurance Company, hereinafter referred to as"Company',is about to issue its title insurance
policy or policies or commitments therefor, all hereinafter referred to as the "Title Insurance Policy', No.
1409 007775978 NSC ,in respect to the land described therein;
AND WHEREAS, the Company has raised as title exceptions on the Title Insurance Policy certain defects, liens,
encumbrances, adverse claims or other matters, all hereinafter referred to as "Exceptions to Title", described on Exhibit A
attached hereto;
AND WHEREAS, the Company has been requested to issue the Title Insurance Policy and may hereafter, in the ordinary
course of its business, issue title insurance policy or policies or commitments therefor in the form or forms now or then
commonly used by the Company, or issue hold harmless or indemnity letters to induce other title insurance companies to
issue title insurance policies or commitments therefor, in respect to the land or to some part or parts thereof, or interest
therein, all of the foregoing being hereafter referred to as "Future Policies or Commitments", either free and clear of all
mention of the aforesaid Exceptions to Title or insuring its insured against loss or damage by reason thereof, and
simultaneous with the acceptance of the deposit herein,has issued or has committed to issue the Title Insurance Policy to its
insured;
NOW, THEREFORE, in consideration of the issuance of the Title Insurance Policy and the payment of $1.00 to the
undersigned by the Company, the sufficiency and receipt of which are hereby acknowledged, the undersigned,jointly and
severally, for themselves, heirs, personal representatives, successors and assigns do hereby covenant and agree with the
Company: (1) to forever fully protect, defend, and save the Company harmless from and against all the Exceptions to Title,
in and from any and all loss, costs, damages, attorneys' fees, and expenses of every kind and nature which it, the Company,
may suffer, expend or incur under, or by reason, or in consequence of the issuance of the Title Insurance Policy on account,
or in consequence, or growing out of the Exceptions to Title, or on account of the assertion or enforcement or attemped
assertion or enforcement thereof or of any rights existing or hereafter arising, or which may at any time be claimed to exist
under, or by reason, or in consequence, or growing out of the Exceptions to Title or any of them; (2) to provide for the
defense, at the undersigned's own expense, on behalf and for the protection of the Company and the parties insured or who
may become insured under"Future Policies or Commitments", against loss or damage under the Title Insurance Policy(but
without prejudice to the right of the Company to defend if it so elects) in all litigation consisting of actions or proceedings
based on any Exceptions to Title which may be asserted or attempted to be asserted, established or enforced in, to, upon,
against or in respect to the land or any part thereof or interest therein; (3) to pay, discharge, satisfy or remove all of the
Exceptions to Title and,in such case,when the Exceptions to Title appear as a matter of public record,to clear the record by
the recording or filing of releases, satisfactions, disclaimers, deeds or other appropriate instruments, or by the procurement
of a final court order or judgment entered by a court of competent jurisdiction quieting the title of the insured, or declaring
the Exceptions to Title to be null and void and of no force and effect; and (4) that each and every provision herein shall
extend and be in force concerning Future Policies or Commitments. It is expressly understood that the joint and several
liability of the undersigned shall in no way be affected by any action the Company may take with respect to the liability of any
one of the undersigned by way of release,settlement,compromise,or other adjustment of such liability.
The undersigned hereby deposits with the Chicago Title and Trust Company(hereinafter referred to as the"Trustee"),under
the Agreement known as Trust, Indemnity and Security Agreement No. 7775978 , and pledges to the
Company the sum of FIFTYSIX THOUSAND FOUR HUNDREND EIGHTFIVE AND NO/100 dollars
($ 56485.00 ) to constitute a trust, indemnity and security fund under the absolute control and possession of
the Trustee as herein provided, for the other purposes herein set forth, and to secure the performance of the promises and
obligations of the undersigned contained herein.
The Company shall have the right at any time hereafter, when it shall deem it necessary, expedient, desirable, or to its
interest so to do,in its sole discretion,to direct the Trustee to use or apply the fund, or any portion thereof, in such manner
and in such amounts as the Company may deem necessary and advisable,to the payment, discharge, or satisfaction of,or the
removal from the title to the land, or any part or parts thereof, or interests therein, any of the Exceptions to Title, including
the right to procure for the purpose of clearing the public record, releases, satisfactions, disclaimers, deeds or other
appropriate instruments, or by procuring final court orders or judgments quieting the title of the insured or declaring the
Exceptions to Title to be null and void and of no force and effect, or for the purpose of eliminating by conveyance,
assignment or otherwise any Exceptions to Title, or for the purpose of reimbursing anyone who may have paid, discharged,
satisfied,or removed any Exceptions to Title or cleared the public record of such Exceptions to Title.
In the case of litigation involving the said fund or the rights of any person or corporation hereunder, the cost, expense, and
attorneys'fees of the Trustee and the Company may be paid or retained by the Trustee out of said fund.
If the Company shall fmd that the liability hereunder shall have increased because of lapse of time or otherwise, the
Company may direct the Trustee to call on the undersigned for such additional deposits sufficient to indemnify and secure
the Company against such increase of liability, in which event the Trustee shall call for such deposit, and the undersigned
hereby agrees to thereupon furnish the Trustee the deposit requested.Any additional funds so deposited shall be subject to
the terms of this Agreement to the same extent as though initially deposited hereunder.In the event additional funds are not
TIAGA
Trust,Indemnity and Security Agreement No. 7775978
deposited within 10 days following written demand therefor, the Company shall have the right, in its sole discretion, to
advance such additional funds as may be required to the Trustee and the undersigned expressly covenant and agree to
protect, defend, save harmless, and reimburse,with interest calculated at the maximum legal rate, the Company for all such
additional amounts advanced. For the purposes of this paragraph, proof of mailing to the undersigned at the address listed
below shall be deemed conclusive evidence of notice of demand, and said 10-day period shall commence to run on the third
day following such date of mailing.
Where, in the Company's sole discretion, in order to remove and clear of record the aforesaid Exceptions to Title, it is
necessary to dispose of pending litigation, the undersigned hereby confer irrevocable authority on the Company to settle or
dismiss any counterclaim, cross claim, set-off or other prayer for affirmative relief which may be asserted in such, either by
the undersigned or other parties claiming under them and expressly covenant and agree to protect, defend, save harmless,
and secure the Company from any expense incurred thereby.
The Company shall be the sole judge as to the need for it to be represented by or have the advice of legal counsel of its own
choosing and the undersigned shall be liable to the Company for fees and expenses so incurred.
Deposits made pursuant to this agreement may be invested, subject to Trustee's procedures, provided that any direction to
Trustee for such investment shall be expressed in writing, and also provided that Trustee is in receipt of the undersigned's
taxpayer's identification number and investment forms as required. Trustee will, upon receipt, furnish information
concerning its procedures and fee schedules for investment.
In the event the Trustee is requested to invest deposits hereunder, the Trustee is not to be held responsible for any loss of
principal or interest which may be incurred as a result of making the investment or redeeming said investment for the
purposes of this agreement. Earnings from investments, if any, less Trustee's fees, shall be added to and form a part of the
trust,indemnity and security fund.
Except as to deposits of funds for which Trustee has received express written direction concerning investment or other
handling,Trustee shall be under no duty to invest or reinvest any deposits at any time held by it hereunder.Further,Trustee
may commingle such deposits with other deposits or with its own funds in the manner provided for the administration of
funds under Section 2-8 of the Corporate Fiduciary Act (205 ILCS 620/2-8) and may use any part or all such funds for its
own benefit without obligation to the undersigned for interest or earnings derived thereby,if any.Provided,however,nothing
herein shall diminish Trustee's obligation to apply the full amount of the deposits in accordance with the terms of this
agreement.
In case any of the Exceptions to Title are paid, discharged, satisfied, and are removed as such to the satisfaction of the
Company (as to which the Company shall be the sole judge), and cleared of record,without the use of the said fund, or in
case any surplus remains in the hands of the Trustee after it shall have reimbursed itself and the Company for all loss,
damages, or disbursements,such fund or surplus, after deducting the costs, expenses,fees for services, and attorneys'fees,if
any, of the Trustee and the Company, shall on demand and upon surrender to the Company of all receipts for disbursement,
be paid or delivered to VILLAGE OF MORTON GROVE
6100 CAPULINA
MORTON GROVE, ILLINOIS 60053
Neither the Trustee nor the Company shall be under any obligation of recognizing any assignment of the undersigned's rights
under this agreement, until the original or a signed duplicate of the assignment, accepted in writing by the assignee, is
deposited with and approved by the Trustee and the Company in writing.
The undersigned agrees that this Trust, Indemnity and Security Agreement is not intended to give any benefits, rights,
privileges, actions or remedies to any person, partnership, firm, or corporation other than the Company, the Trustee, the
undersigned,and the insured,as a third party beneficiary or otherwise under any theory of law.
The undersigned does hereby agree to pay the Company a$50.00 processing fee.
If this Trust, Indemnity and Security Agreement is not terminated as hereinbefore provided on or before
12/18/99 , the Trustee shall thereafter charge a reasonable annual service or handling fee to be
paid out of the fund.
TIAOR2 MDM
Trust,Indemnity and Security Agreement No. 7775978
Date:
FOR CORPORATE INDEMNITORS FOR INDIVIDUAL INDEMNITORS
IN WITNESS WHEREOF, the undersigned, being IN WITNESS WHEREOF,the undersigned have
the hereinafter named corporation, has caused these executed this agreement this day of
presents to be signed by its President and attested by
its Secretary and has caused its corporate seal to be A.D.19
hereto affixed this /fT ( day of
b L G— A.D. 19 /
(SEAL)
L'iI C � i1/1 C4.0 / 6- gs ✓�
Address:
BY: �r--�.� CSa.Li-.77` .
VI OF RTOB;ROVE President
A T: L'i .i iiP f}�i0_/ �'C c--•t5)-
C/O GABRIEL S. BBRRAJATO Secretary
ADDRESS OF CORPORATION:
8720 FERRIS AVENUE Phone: 366006007
MORTON GROVE, IL 60053
APPROVED FOR THE COMPANY
Phone: 8479652233 BY:
M.D. MOLOZNIK/ B. JOHNSON
TIAOR3 MDM
Trust,Indemnity and SecurityAgreement No. 7775978
EXHIBIT A
1. TAXES FOR THE YEAR(S) 1997 AND 1998
1998 TAXES ARE NOT YET DUE OR PAYABLE.
1A. NOTE: 1997 FINAL INSTALLMENT WAS DUE OCTOBER 28, 1998
THIS TAX NUMBER AFFECTS PART OF PARCEL IN QUESTION.
10-18-115-033-0000 3 OF 5 1997 $13,317.79 PAID $13, 514.00 UNPAID THIS TAX
NUMBER AFFECTS PART OF PARCEL IN QUESTION.
10-18-115-034-0000 4 OF 5 1997 $12,971.77 PAID $13,162.89 UNPAID THIS TAX
NUMBER AFFECTS PART OF PARCEL IN QUESTION.
10-18-116-021-0000 5 OF 5 1997 $24,086.07 PAID $24,440.76 UNPAID THIS TAX
NUMBER AFFECTS PART OF PARCEL IN QUESTION.
TISwGOCA