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9003 & 9005 & 9009 WAUKEGAN (2)
C% i ORDINANCE 98-58 AN ORDINANCE AUTHORIZING THE VILLAGE OP NORTON GROVE TO CONVEY TIP PROPERTY PRESENTLY IN A REDEVELOPMENT PROJECT AREA IN THE WAUIEGAN ROAD COMMERCIAL CORRIDOR WEREAS, the Village adopted ordinances No. 95-8, 95-9 and 95-10, establishing a tax-increment financing (TIF) district along portions of Waukegan Road known as the Waukegan Road Commercial Corridor; and WHEREAS, the Village Board of Trustees further adopted Ordinance No. 96-26, which authorized a redevelopment agreement for the Waukegan Road TIF district, Redevelopment Area "A" on June 10, 1996; and WHEREAS, the village of Morton Grove, located in Cook County, Illinois is a Home Rule unit of government and under the provisions of Article 7 of the 1970 Constitution of the State of Illinois can exercise any power and perform any function pertaining to its government affairs, including but not limited to, the power to tax and incur debt; and WHEREAS, Ordinance No. 96-26, and the underlying Redevelopment Agreement concerning redevelopment site ,"A" required the Village to acquire certain property and to convey certain property free and clear and as specified under the Redevelopment Agreement to the developer or his assigns; and WHEREAS, Ordinance No. 96-26 was amended by Ordinance No. 96-56, and by Ordinance No. 98-28 which modified some of the requirements; and • W EREAS, pursuant to the Redevelopment Agreement as amended, the Village of Morton Grove did acquire the property all as specified in the aforesaid Ordinances and agreements as amended thereto, and which legal description of the property is attached hereto as Exhibit "I"; and WHEREAS, in order to properly implement, convey and carry out the provisions of said Redevelopment Agreement as amended; certain actions of the Village are required; and - 1 - WHEREAS, the laws of the State of Illinois specifically authorized the redevelopment of property as herein and above specified through the statute entitled "Tax Increment Allocation" redevelopment act ("hereinafter referred to as the "TIP Act") ; and WHEREAS, the corporate authorities have considered the requisites and requirements of the TIP Act and pursuant to the provisions of the TIP Act and the Redevelopment Agreement as amended have determined that the property as described in Exhibit "I", be conveyed. NOW, THEREFORE, BE IT ORDAINED By THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE of =ETON GROVE, coos COUNTY, ILLINOIS AS FOLLOWS: Section 1. That the corporate authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. Section 2. That the Village President and the Village Clerk are hereby authorized to execute any and all documents necessary to convey and carry out the terms of the Redevelopment Agreement as specified above and as amended concerning the property described in Exhibit "I", attached hereto. Section 3. That the respective officers, Village administrator, corporation counsel, agents and Village staff be and they are hereby authorized to take all necessary action to implement the clearing of title and conveyance of the property as hereinabove described. Section 4. That the appropriate officers are hereby authorized to execute and deliver any and all documents necessary to implement the conveyance of this property, including but not limited to Deeds, Affidavits, title indemnity agreements, personal undertakings, confirming all previous acts such as vacations, dedications or abrogation of certain easements necessary and desirable to carry out the aims and purposes of the Ordinances and Redevelopment Agreement as amended. - 2 - Section 5. That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED THIS 14th day of December 1998. Trustee CULIIL Trustee Karp CLti. . Trustee Liston Trustee Moll C{; Trustee Schulte CY,Clx- Trustee Sneider l`U4L APPROVED BY ME THIS 14th day of December 1998. Daniel D. Scanlon, President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 14th day of December 1998 37/4".v_ 2( %r. ce- //4// Eileen Coursey-Wi r, Clerk Village of Morton Grove Cook County, Illinois - 3 - EXHIBIT "I" LEGAL DESCRIPTION CONCERNING: PROPERTY FORMERLY COMMONLY KNOWN AS 9323-53 WAUKEGAN ROAD, 6909 LYONS, AND 6910 BECKWITH, MORTON GROVE, IL: PARCEL 1: LOTS 13, 14, AND 15 AND ALL OP TEE VACATED ALLEY LYING BETWEEN LOT 13, AND LOTS 14 AND 15, (EXCEPT TEE SOUTH 7.50 FEET OP LOTS 13, 15 AND OP TEE VACATED ALLEY) IN FIRST ADDITION TO MILLS PARK ESTATES; BEING MILLS AND SONS SUBDIVISION IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 13, EAST OP THE THIRD PRINCIPAL MERIDIAN ACCORDING TO A PLAT THEREOF REGISTERED IN THE OFFICE OP TEE REGISTRAR OP TITLES IN COOK COUNTY, ILLINOIS, AS DOCUMENT NO. LR1468919. PARCEL 2: LOT 13, AND LOTS 14 THROUGH 17, BOTH INCLUSIVE, AND ALL OF THE VACATED ALLEY LYING BETWEEN LOT 13, AND LOTS 14 THROUGH 17, IN SECOND ADDITION TO MILLS PARK ESTATES: BEING MILLS AND SONS SUBDIVISION IN SECTION 16, TOWNSHIP 41 NORTH, RANGE 13, EAST OF TEE THIRD PRINCIPAL MERIDIAN ACCORDING TO A PLAT THEREOF REGISTERED IN THE OFFICE OP THE REGISTRAR OP TITLES IN COOS COUNTY, ILLINOIS, AS DOCUMENT NO. 1R1468920. PARCEL 3: LOTS 14, 15, 16, 17, 18, 19 AND 20 IN THIRD ADDITION TO MILLS PARK ESTATES BEING KILLS AND SONS SUBDIVISION IN SECTION 16, TOWNSHIP 41 NORTE, RANGE 13, EAST OP THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. VMG\ADNIRAL\EXHISI TA.ADM • 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 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. - y truly yours, • :RIFE ;-CS BERRAFATO /ck enclosures cc: David O. Erb, Finance Director STATE OF ILLINOIS) ) SS COUNTY OF COOK ) I, Wilma Wendt, the Municipal Clerk for the Village of Morton Grove in the County of Cook, in the State of Illinois, do hereby certify that the following, hereinafter described, are true and correct copies of the original documents which are part of the records of my office as such Municipal Clerk: Ordinance 96-57. . .Authorizing the Purchase of the Property Commonly Known as 6909 Lyons Avenue I hereby subscribe my name as Municipal Clerk and affix the Official Corporate Seal of the Village of Morton Grove, this /7r./ day of December, 1996. tJ WILMA WENDT, Village Clerk ORDINANCE 96-57 AN ORDINANCE AUTHORIZING THE PURCHASE OF THE PROPERTY COMMONLY KNOWN AS 6909 LYONS AVENUE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, it is deemed advisable, necessary and in the public interest that the Village of Morton Grove, Cook County, Illinois acquire the following described property: The property commonly known as 6909 Lyons Avenue, Morton Grove, Illinois 60053, situated on a lot contiguous with the Waukegan Road Tax Increment Financing District Redevelopment Area "A"; and WHEREAS, such property will serve the public and corporate purposes of the municipality and will facilitate public participation in a public/private partnership to redevelop a portion of property within the Waukegan Road Tax Increment Financing District; and WHEREAS, Frank Tessien and Carol Loftus (Power of Attorney) of Morton Grove, Illinois have agreed to the sale of said property for the purchase price of$172,000 under terms and conditions as further set forth in the real estate contract attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the Village is contemplating the purchase of additional contiguous properties to be used for a redevelopment project. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: It is hereby determined that it is advisable, necessary, and in the public interest that the municipality purchase the properties commonly known as 6909 Lyons Avenue, Morton Grove, Illinois 60053 for the sum of$172,000 under the terms and conditions as outlined in the real estate sales contract attached hereto and made a part hereof as Exhibit "A". SECTION 3: That the Agreement for the purchase of said property shall be in substantially the form and contain those provisions as provided for in the sales contract which is Exhibit "A" attached hereto. SECTION 4: The Village President and Village Clerk are hereby authorized to enter into the contract for real estate purchase which is attached hereto as Exhibit "A"; in addition, the Corporate Officers and Village staff are further authorized to perform the necessary acts required to implement and consummate this acquisition. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this/6rMday of D r ". can-) ,4 e'L, , 1996. Trustee Brenner A xe Trustee Karp A.3 sir r Trustee Moll Trustee Scanlon A Vs Trustee Schulte Ys Trustee Sneider .4 X APPROVED by me this 17 nsday of De e.=—ma Cr n--, , 1996. 442 idituit Daniel D. Scanlon, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this /7r/, day of D ea,a-n123 fl. , 1996. Wilma Wendt, Clerk Village of Morton Grove Cook County, Illinois onnyo..tir OMB No.2502-0265(EMI-124146) Page 1 \ A. • ' CHICAGO TITLE INSURANCE COMPANY B. TYPE OF LOAN 1 CHICAGO TITLE AND TRUST COMPANY 1. ❑ FHA 2. 0 FmHA 3.❑ COW UNINS 0 , LOSER: STEFANIE PIIaBADI 4. VA 5. CONY.INS. DATE OF PRINTING: 03/03/97 6. File Number. jetAtes TIME OF PRINTING: 09:13 097008593-001 SM2 SK 7 Loan Number 7646828 1(53 SETTLEMENT STATEMENT Mortgage Insurance Case Number 3PARTMENT OF HOUSING AND URBAN DEVELOPMENT C. E: ihis form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown hems marked '(p.0.0.)'were paid outside the closing;they are shown here for informational purposes and are not included in the totals. D. NAME OF BORROWER: VILLAGE OP MORTON GROVE ADDRESS: 6910 BECKWITH MORTON GROVE ILLINOIS 60053 E. NAME OF SELLER: LOUIS B. DINICOLA AND MADELEINE J. DINICOLA ADDRESS: 6910 BECKWITH MORTON GROVE ILLINOIS 60053 F. NAME OF LENDER: ADDRESS: G. PROPERTY LOCATION: 6910 BECKWITH HORTON GROVE ILLINOIS 60053 H. SETTLEMENT AGENT: CHICAGO TITLE AND TRUST COMPANY I. SETTLEMENT DATE: ADDRESS: 8707 SKOKIE BOULEVARD March 03, 1997 PLACE OF SETTLEMENT: SKOKIE ILLINOIS 60077 09:00 8707 SKOKIE BOULEVARD DISBURSEMENT DATE: ADDRESS: SKOKIE ILLINOIS 60077 March 03, 1997 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 900. GROSS AMOUNT DUE TO SELLER: 101.Contract sales price 290,500.00 401. Contract sales once 290,500.vv^0 102.Personal Property 402. Personal Property 103. Settlement charges to borrower (line 1900) 1.427 50 403 104'REIM8. TO SELLER FOR APPR. 265 00 404.REINS. TO SELLER FOR APPR. 265.00 105. 405. Adjustments for Items paid by seller in advance Adjustments for items paid by seller in advance 106.City/town taxes to 406. City/town taxes to 107.County taxes to 907. County taxes to 100.Assessments to 406. Assessments to 109. 409. 110. 410, 111. 411. 112. 412. 120 'SS AMT DUE FROM BORROWER I 292.192 50420.GROSS MAT DUE TO SELLER I 290,765.00 AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201, posit or earnest money 10,000.00501.Excess deposit(see Instructions) 202.Principal amount of new loan(s) 502.Settlement charges to seller (line 1400) 3,337.07 203. Existing loans)taken subject to 503.Existing loan(s)taken subject to 504.Payoff of first mortgage loan CHASE MANHATTAN 138,161.95 505.Payoff of second mortgage loan • 506.EARNEST MONEY ln,000,00 207. 507. 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210.City/town taxes to 510. City/town taxes to 211.County taxes 01/01/97 to 03/03/97 676.42 511. County taxes 01/01/97 to 01/03/97 676 42 212.Assessments to 512.Assessments to 213.1996 2ND TAN 2.086.81 513.1996 2ND TM 2.086 8 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220.TOTAL PAID BY/FOR BORROWER 12,763.25 520. TOTAL REDUCTIONS AMT DUE SELLER 154,262,27 sex CASH AT SETTLEMENT FROM/TO BORROWER bog. CASH AT SETTLEMENT TO/FROM SELLER 301.Gross amt due from borrower (line 120) 292 192 90,601. Gross amt due to seller Rine 420) 290 765 00 302. Less amts peld by/for borrower (line 220) ( 12,763.25 . Lees reductions In arm due salter (line 520) ( 154,262.27 303. CASH(® FROM)(D TO)BORROWER 279,429,25603. CASH(® TO)( Tl FROM)SELLER 136,502.73 I have careful revi: • •e HUD-1 Settlement Statement end to the..... of my knowledge and belief,it is a true and accurate statement of all receipts and disbursem nts made•n mya•S.t or.me'-. --. 1Ir urther certify that I have received a copy of the HUD-1 Settlement Statement. eona,e, C. a t,_ , . _ U" s«e, Y- -,._,�, /' t (2 )c-v-r:v:-e- GE'F MON . r L 1 1 LA � • > x;2421 INI_C(L 9 /2/)t- Y� To 'YFY 0./�: •' Mtrue and J. DeaccoA fie the 1 Settlement Statame which tlement prepared is a true and erourate amount of the funds which were received and have been or sed. 1A ndersigned as pad•the settlement of this transaction. / bee � (`r3 wrAwm ,,4 sus.,11,...0"3.1 A•ea tepee enetIo a:tun.)even mot,of any h.'vrMar taw Penelgi upon<wrngmrznh,dude a flee and lmp,.uee,rn.F"dHnll::r: Ttle 18 U.S.Code Seam 1001 and Section 1010. SM2 HUD-1 3/86)RESP.A.HR 4105.2 F-2857-01 4/80, Page 2 OMB No.2502-0265(Exp.1231-86) \ ORD#/ABS# 7646828 KS3 L SETTLEMENT CHARGES TIME OF PRINTING: 09:13 ESC# . CO7008593 Mg SK DATE OF PR2NTINO: 03/03/97 700. TOTAL SALES/BROKER'S COMMISSION based en price S 290,500.00 ® t- PAID FROM PAID FROM Division of Commission (line 700)as follows: BORROWER'S SELLER'S 701. - $ to FUNDS AT FUNDS AT 11_02. f SETTLEMENT SETTLEMENT to 701.• paid at Settlement (Abney retained by broker applied to commission$ ) 704. Other sates agent charges: 705. Additional commission: $ to BOO. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee t 802. Loan Discount 1 803. Appraisal Fee to 804. Credit Report to - SOS. Lender's Inspection Fee to 806. Mortgage Instance Application Fee to B07, Assumption Fee to 808. 809. 810. 811. 812. G00. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest born to Cc75 /day for 0 days 902. Mortgage raurance Premium for 0.00 months to G03. Hazard hsurence Premium for 0.00 years to 904. 905. 1000 RESERVES DEPOSITED WITH LENDER 1001.Hazard insurance 0.00 month @$ per month 1002.Mortgage insurance 0.00 month©$ per month 1003.City property taxes 0.00 month @$ per month 1004.County properly taxes 0.00 month Q$ per month 1005. Annual assessments 0.00 month @$ per month 1006. 0.00 month OS per month 1007. 0.00 month @$ per month 1008. •gate Accolnting Adl ustaent 0.00 0.00 IT HAR 1101. tiememor poyng Fee to CHICAGO TITLE MD TRUST COIPANY 260.00 1102. Absbaa or title search to 1103.Me examination to 1104. Title insurance binder to - 1105. Document preparation to 1106. Notarylees to 1107. Attorney's lee to 1108. Title insurance to CHICAGO TITLE INSURANCE COMPANY 550.50 (includes above items numbers:)EPA, COMP. ��-•r 1109. Lender's coverage S 0.00 $ 550.50 1110. Owner's coverage $290,500.00 $ .'-. 1111. MESSENGER FEE TO CHICAGO TITLE- 15.00 1112. ATTY. FEE TO FRANK R. CODECA • AM 550.00 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed$ 25.00 :Mortgage $ , Palettes S 27.00 52.00 I 1202. Gty/countytax/stamps: Deed $ : Mortgage $ 1203. State tax/stamps: Deed $ ; Mortgage $ 1224. 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301.Survey - to 1302. Pest Inspection to 1384.POSSESSION ESCROW TO FRANK R. CAICDECA, ESCROIEE 2,905.00 1304'REIFB. MATER TO FRANK CAMOUECA 432.07 not 1306. 1307. 1400. TOT' ��ry�� LEMENT CHARGES (enter on lines 103,Section J and 502,Section K) 1,427.50 3,337.07 I have car yyyy������yaNNNNNe�'''aa�����.',end the HUD-1.:.._ - • • •to the best of my knowledge and belief,it is a true and accurate statement of all receipts• and dim .made•' 1a , '7`. eaclion,I further certify that I have received a copy of the HUD-1 Settlement Statement. ` •LAGE OF MORTON GROVE �� .J /5 �yf .(W `•/ MADELEINE J. DINICO[L� 2•a.0/e/ The HUD- I- !have prepared is a true and accurate account of this transaction. I have caused or will cause funds to be disbursed in ce statement. � 4/3/1? Mot WNNING:tk.alma to b,v.4ia1y mac tag vSemera roes united Skive m this a any other almpx tam_Penalties upon conviction can incde a fine nbimp^.vmmem.For delaa¢see: 110e 18 U.S.Cob Section 1001 cod Secs 1010. 5112 HUD-1(3/86)RESPA,HR 4305.2 CHICAGO TITLE AND TRUST COMPANY kal)v - ESCROW RECEIPT AND DISBURSEMENT AUTHORIZATION PAGE 1 ESCROW NUM: 097008593-001 ORDER NUN: 01409-007646828 SK CLOSER: STEFANIE MABADI BUYER: VILLAGE OF NORTON GROVE SELLER: LOUIS B. DINICOLA AND MADELEINE .7. DINICOLA PROPERTY: 6910 BECKWITH, MORTON GROVE, ILLINOIS 60053 RECEIPTS VILLAGE OF MORTON GROVE 279,429.25 TOTAL RECEIPTS 279,429.25 DISBURSEMENTS A CHICAGO TITLE NNTTSOORAC C LOSING FEE 260.00 TITLE INSURANCE 550.50 MESSENGER FEE 15.00 RECORDING FEES 52.00 CHECK TOTAL 877.50 B FRANK R. CAMODECA 550.00 ATTY. PEE 432.07 REIMS. WATER 982.07 CHECK TOTAL C FRANK R. CAMODECA, ESCROWEE 2,905.00 POSSESSION ESCROW 2,905.00 CHECK TOTAL U CHASE MANHATTAN 138,161.95 PAYOFF FIRST MORTGAGE 138,161.95 CHECK TOTAL E LOUIS B. DINICOLA MADELEINE .. DINICOLA 136,502.73 NET PROCEEDS TO SELLER 136,502.73 CHECK TOTAL TOTAL DISBURSEMENTS 279,429.25 BALANCE 0.00 • The undersigned authorize Chicago Title and Trust Company,as Agent for to make the expenditures and disbursements as listed above and we hereby approve the same,jointly and severally,for payment.The undersigned mortgagors realty that the signatures on the note and mortpge,if any,fu Foy the • • it gen • n,';,-t the consideration therefor was actual and valid without offset or defense. evinp aJ . � 01 e to Borrower ' Seller tiO • ioa o Title & Trust Co. Authorization 03/03/97 09:13 SM2 OMB No.2502-0265(Exp. 12-31-86) Page 1 A. CHICAGO TITLE INSURANCE COMPANY B. TYPE OF LOAN CHICAGO TITLE AND TRUST COMPANY 1. ❑ FHA 2. ❑ FmHA 3.❑ CONV.UNINS. © LOSER: STEFANIE MABADI 4. ❑ VA 5. ❑ CONV.INS. DATE OF PRINTING: 03/03/97 w 6. File Number: 7646828 KS TIME OF PRINTING: 09 :13 ir 097008593-001 SM2 SK 7. Loan Number SETTLEMENT STATEMENT 8. Mortgage Insurance Case Number U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT C. NOTE: This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown. Items marked "(p.o.e.)"were paid outside the closing;they are shown here for informational purposes and are not included in the totals. D. NAME OF BORROWER: VILLAGE OF MORTON GROVE ADDRESS: 6910 BECKWITH MORTON GROVE ILLINOIS 60053 E. NAME OF SELLER: LOUIS B. DINICOLA AND MADELEINE J. DINICOLA ADDRESS: 6910 BECKWITH MORTON GROVE ILLINOIS 60053 F. NAME OF LENDER: ADDRESS: G. PROPERTY LOCATION: 6910 BECKWITH MORTON GROVE ILLINOIS 60053 H. SETTLEMENT AGENT: CHICAGO TITLE AND TRUST COMPANY I. SETTLEMENT DATE: ADDRESS: 8707 SKOKIE BOULEVARD March 03, 1997 PLACE OF SETTLEMENT: SKOKIE ILLINOIS 60077 09 :00 8707 SKOKIE BOULEVARD DISBURSEMENT DATE: ADDRESS: SKOKIE ILLINOIS 60077 March 03, 1997 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract sales price 290,500.00 401. Contract sales price 290,500.00 102. Personal Property 402. Personal Property 103. Settlement charges to borrower (line 1400) 1,427,50 403 104•REIM6. TO SELLER FOR APPR. 265 .00 404.REIMS. TO SELLER FOR APPR. 265 .00 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City/town taxes to 406. City/town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMT DUE FROM BORROWER 292,192.50420. GROSS AMT DUE TO SELLER 290, 765 .00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 10, 000.00 501.Excess deposit(see instructions) 202. Principal amount of new loan(s) 502.Settlement charges to seller (line 1400) 3, 337.07 203. Existing loan(s)taken subject to 503.Existing loan(s)taken subject to 504.Payoff of first mortgage loan 204. CHASE MANHATTAN 138,161 .95 205. 505.Payoff of second mortgage loan 206. 506. EARNEST MONEY 10, 000 .00 207. 507. 208. 508. 209. • 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. City/town taxes to 510. City/town taxes to - 211. County taxes 01/01/97 to 03/03/97 <� 676 .42 511. County taxes 01/01/97 tO 03/03/97 676.42 212. Assessments to I:V (1 - 512. Assessments to 213. 1996 2ND TAX �.. U * 7/2, 086 83 513. 1996 2ND TAX 2 , 086 .83 214. �, 6- �C -, 514. 215. l h/J✓(- -'l i / 515. 216. IANTC.�` kr) // 516. 217. 517. 218. 518. 219. t 519. 220, TOTAL PAID BY/FORBORROWER 12,763 .25 520. TOTAL REDUCTIONS AMT DUE SELLER 154, 262 .27 300. CASH AT SETTLEMENT FROM/TO BORROWER 600. CASH AT SETTLEMENT TO/FROM SELLER 301. Gross amt due from borrower (line 120) 292, 1_92 50601. Gross amt due to seller (line 420) 254, 262.27 302. Less amts paid by/for borrower (line 220) ( 12, 763 .2502. Less reductions in amt due seller (line 520) ( 154, 262 .27 303. CASH(® FROM) (❑ TO) BORROWER 279,429 .25 603. CASH(® TO) ( ❑ FROM) SELLER 136, 502 .73 I have careful) reviewe• e HUD-1 Settlement Statement and to the •-st of my knowledge and belief.it is a true and accurate statement of all receipts and disbursem:nts made•n my acyp, t ors me"---'. -- eerie urther certify that I have received a copy of the HUD-1 Settlement Statement. Borrower .�,• _�. al a.� Seiler h`, e`rt-aft /-J. 1- . e�,G.Y■ GE IF MOR ON '0 , LOUIS-� D,y1I O¢7LA e1_ MADELEINE J. DINICOLA' To the best• Jl)ge the,- •-1 Settlement Stateme. which I have prepared is a true and accurate account of the funds which were received and have been or wi • e - ndersigned as part• the settlement of this transaction. Settlement Cent cafe �/`17 WARNING: It is a crimeto knowingly make false statements to the United States on this or any other similar farm. Penalties upon conviction can include a fine and lmprisonmec•. Fo ce:a,is see Title 18 U.S.Code Section 1001 and Section 1010. SM2 HUD-1(3/86) RLSPA.1-164305 2 • F-2857-01 4/80 Page 2 OMB No.2502-0265(Exp. 12-31-86) ORD#/ASS# 7646828 KS3 L. SETTLEMENT CHARGES TIME OF PRINTING: 09 :13 M2 ESC# 097008593 S SK DATE OF PRINTING: 03/03/97 700. TOTAL SALES/BROKER'S COMMISSION based on price $ 290,500.00 @ PAID FROM PAID FROM Division of Commission (line 700)as follows: BORROWER'S SELLER'S 701. LB: $ to FUNDS AT FUNDS AT 702. SB: $ to SETTLEMENT SETTLEMENT 703. Commission paid at Settlement (Money retained by broker applied to commission$ ) 704. Other sales agent charges: 705. Additional commission: $ to 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee % 802. Loan Discount ?r 803. Appraisal Fee to 804. Credit Report to ' 805. Lender's Inspection Fee to 806. Mortgage Insurance Application Fee to 807. Assumption Fee to 808. 809. 810. 811. 812. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from to @$ /day for 0 days 902. Mortgage Insurance Premium for 0,00 months to 903. Hazard Insurance Premium for 0.00 years to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard insurance 0.00 month @$ per month 1002. Mortgage insurance 0.00 month @$ per month 1003. City property taxes 0.00 month @$ per month 1004. County property taxes 0.00 month @$ per month 1005. Annual assessments 0.00 month @$ per month 1006. 0.00 month @$ per month 1007. 0.00 month @$ per month 1008. Aggregate Accounting Adjustment 0 .00 0.00 1100. TITLE CHARGES 1101. Settlement or Closing Fee to CHICAGO TITLE AND TRUST COMPANY 260.00 1102. Abstractor title search to 1103. Title examination to 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1107. Attorney's fee to 1108. Title insurance to CHICAGO TITLE 3 NSURANCE COMPANY 550.50 (includes above items numbers:)EPA, COMP, 1109. Lender's coverage $0.00 $ 550.50 1110. Owner's coverage $290,500.00 $ 1111. MESSENGER FEE TO CHICAGO TITLE - 15 .00 1112. ATTY. FEE TO FRANK R. CAMODECA - 550 .00 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $ 25.00 ;Mortgage $ --• ; Release $ 27.00 52.00 1202. City/county tax/stamps: Deed $ ; Mortgage $ 1203. State tax/stamps: Deed $ ; Mortgage $ 1204. 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302. Pest inspection to 1303. POSSESSION ESCROW TO FRANK R. CAMODECA, ESCROWEE 2,905.00 --1304'REIMS. WATER TO FRANK CAMODECA 432.07 1305. 1306. 1307. 1400. TOTA - - LEMENT CHARGES (enter on lines 103,Section J and 502,Section K) 1,427.50 3,337.07 I have car•fully re iewed the HUD-1 - lament State e t-nd to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disb semen s made•- nt. -e it is -nsaction,I further certify that I have received a copy of the HUD-1 Settlement Statement. Borrower -//lam A a �• , yL._�S Seller r N c..-...c�� /l. st�. L,c_c- C. V LAGE OF MORTON GROVE �' _LOU B.j I�, OLA a. MADELEINE J. DINICOL� The HUD- Seth: - State is I have prepared is a true and accurate account of this transaction. I have caused or will cause funds to be disbursed in -• ce w ,,...• •••M-statement. /J.c/ 3/3//l ant'•f Date WARNING:his a crime to knowingly make false statement to the united States on this or any other similar form.Penalties upon conviction can include a fine and imprisonment.For details see: Title IS U.S.Code Section 1001 and Section 1010. SM2 HUD-1(3/86)RESI'A,HB 4305.2 © CHICAGO '1'1'1'LE AND TRUST COMPANY ESCROW RECEIPT AND DISBURSEMENT AUTHORIZATION PAGE 1 ESCROW NUM: 097008593-001 ORDER NUM: 01409-007646828 SK CLOSER: STEFANIE MABADI BUYER: VILLAGE OF MORTON GROVE SELLER: LOUIS B. DINICOLA AND MADELEINE J. DINICOLA PROPERTY: 6910 BECKWITH, MORTON GROVE, ILLINOIS 60053 RECEIPTS VILLAGE OF MORTON GROVE 279,429 .25 TOTAL RECEIPTS 279,429 .25 DISBURSEMENTS A CHICAGO TITLE INSURANCE SETTLEMENT OR CLOSING FEE 260.00 TITLE INSURANCE 550.50 MESSENGER FEE 15 .00 RECORDING FEES 52 .00 CHECK TOTAL 877 .50 B FRANK R. CAMODECA ATTY. FEE 550.00 REIME. WATER 432 .07 CHECK TOTAL 982 . 07 C FRANK R. CAMODECA, ESCROWEE POSSESSION ESCROW 2, 905.00 CHECK TOTAL 2,905 .00 D CHASE MANHATTAN PAYOFF FIRST MORTGAGE 138,161.95 CHECK TOTAL 138, 161.95 E LOUIS B. DINICOLA MADELEINE J. DINICOLA NET PROCEEDS TO SELLER 136,502 .73 CHECK TOTAL 136,502 .73 TOTAL DISBURSEMENTS 279,429 .25 BALANCE 0.00 The undersigned authorize Chicago Title and Trust Company,as Agent for to make the expenditures and disbursements as listed above and we hereby approve the same,jointly and severally,for payment. The undersigned mortgagors certify -- that-the signatures on the note and mortgage,if ny,fu. . security the!.:• regal • .n.4.at the consideration thereforwas actual and valid without offset or defense. /U.r ^`►E_ iI J It =:te .� Borrower a � e� Seller 9. L ica;o Title & Trust Co. Authorization 03/03/97 09:13 SM2 uma No.muS.uea Exp. .m a,. k. CHICAGO TITLE INSURANCE COMPANT B. T OF LOAN CHICAGO TITLE AND TRUST COMPANY 1• o RU A p in 3.CI CONY 16v64B. e •ERR: T. . 1002.05211/C OF PRZIITIN0: 12/21/96 H4p Na br a q Canv1 M9 7 771976 � II TIM OF PRINTING: 10:49 096336239.001 [ ISO US.DEPAYTMET rsEintglfflaValigT Ibr0e0a tiunn.c""Nnlba NOTE:Thbblm N fawned to Pwaya astagrront Oaal MSarj an Paid to old by 6Maaanrrm agent as dram. Mn mead '42.oe.Ywm paid adaa the ant lay as rrwn lane BIE.a ..a pangs ad me not included Inhbaa NAME OF BORROWER: TIC IDRIVR OROVV LLsLr6H apananass `- ADDRESS: E. NAME OF SELLER: vinuwe OF SIORTCM Gaon ADDRESS: F. NAMEDF LENDER: C.F. IS1WSR MC ADDRESS: b. PROPSNTVTCATION: SRS ArrAC7® 3WSNOXS H. SETTLEMENT AGENT: CHICAGO TITLE An TROST I. SETTLEMENT DATE: ADDRESS: 1700 6. !WHOM RD. PLACE OF SETTLEMENT: 1700 S fAMukfl ED. CIS 60056 sat S:0E0 ,r DATE �J�g�AAADDpRESS: C. PROSPICI IW.1110IS 60056 , 101 GlfOSS AMdMT�011FI11ON� M 8 RV ELLER'STRANBACr10N TO 101.Cant NJl.Prb. 1.400.000 00,401.Clad as pea �J.IR I.$00.x00.pb 106 Mond Warty C pews - ---- tlg Seaanandaq.bbeneea vine 9 103 00 uni 1060TIer coin I Iles it 636 00 p/.eAfettle" Me I IAA 11. 636 0% AcquarMnb for kerns paid by seller M Cauca Parents for Items paid byl6Rn In seance 106.CbA0m1 Wws 10 a DbAnwn Mir. to 107.C,nnlbUwe t0 r407.Cou tan to 106.Ammn.Oh to a MNamaa to 109. 40L 110. J410. tit. 411. 112 411. ;m 00/066AMT DUE FROMFORROMIR1 13,4u10.741_00-4660RO AMP DUE TOEI ER 1 413_636 OD 200. MOWS PAID ST ORIN BEHALF OF SOriiO1B1R 500. REDUCTIONS IN AMOUNT MATO SELLER 201.Donn aaemmt sorry WI.Ewesdad1 Go.3uhuo4ae) 202 PlyddJamount of non benly OOB Bd6aandw6aba0a Poo l40R 4.955.00 1201 Bor619 lona an ahj4ab 603 ate bag1dR6aekdto 104 Pydr dlmmage ban 'a, 606.Padre nerd weeny Ion auy in 60'. 3D. y6 eM. sau SS Adjustments for Rena unpaid by Sr Adtuebnents for Kelm unreel by velar 110.Wen nas to 610. /Inaba to 211.County tens to 511.Oambtos to zit Peamorb to 311 anemeA to 113. 61S. 214. '614. 214 515. - 2t6 310. 21T. NT. 110. 513. re 610. a TOTAL PAM ST_(FoRR_I_ORROWEA -an TOTAL REDUCTIONSAMT DUE SELLER 4.91e 06 206 CASH AT SE T1EMENT PROM/TO 6m CASH AT SEITLEMENTTO/PROM SEDER 6o1.Pmaa tm born bo en IMntzt , an 7a, nq0I. age r due*es r 0104Z) 1,411 636.00 EON.LaaauW W/neOmlara Peal c 6.00603 La fallen A rata ear Pm®1 I 4.9S!.00L S. CASH(MFFROM)(0 T0)BORROM 1.tsp.741.Odom CASH(N TO)( o FROM)SELLER 1.406.x13.00 I Is..haveluhy nwNw.dte 14611 S.baaa Snerratand SIMbeet of my - -bad,It b■ru.aa wa.tstatotgill Tam a end amaw..namasamVrmnmabymeIna inessollund Nag orgy 6 'e•••f. ±.'I�`, e.... 4dr TIC EONTa NOV!UNITED PARTNERSHIP Ian OF NORTON GROVE Tote blot my Iama.d9.,Is H1.0.7 B.61.man Brans.n I h a . . • ad sae sen aNMlurdrwMeb meta end nom been or wen be debugged byla and peal a pert on In ademen of a. y4,... . , s.e.ren... Wr vw.ea ee.m..e u.+wgraaaee..meww.used Mow es Wear?0wawa..a.r.r.r omen an gouge ogre rwwle.a J.ret4w.ur M 15 um Ca semen.-.c hew Tao '-4 ffi]P1 Pa NEPA,US4 . TOO/Z0O® MIS GEMMED 1730 LOS LINES 00:ZT SO/TLZt F-00374114/00 Pep 2 cm No.2577+>me(61p-1131444 EVAB.9R 7775970 i7 L BEITLE1CITCHARGEs nit T 10:49 8S8BCCff 098134239 MO MC L�17 0d �112/21/9A 703. 1OTIIIA0010/ S 1.'0110�YOBON Seed on price P 8 PAID FRO/ � f�00 Commbelon 0O0ODD� @� w� FUNOSAT FUNDS AT 7a t. t9: S e 700. SW _S b SEFTL.EMENT SET LEMBR 706 Commit n paid n8MM1sR OAnney maned by poker*MIS*temmiWen4 ) _ M. Corer Wes rem nom= \,�. MOM*mmmbMo c S to--- 1 1 S00. ITEMS PAYABLE IN CONNECT/0N WITH LOAN 031. lain Oftnebon F.. 0 KM Loon Obmud 0 NS. Pppdeal►oelo K0. tint Fbpwle KL Ls!der%Imitation Fe4 to , KS. Memo Inman sAppkeS9n Fe.to X007. Manplbn Flee 006 Lao Ft9S TO C.F. LENOIR Lit 33.002.00 803. LEIaF!AMOR FEES TO C.F. L CO'AC _ 2.500.00 810 - 011. e16 9CO. nEMB REQUIRED BY LENDER To BE PAID IN 4DVANq 031, ylblmhmm to OS Aby for 0 Ms 602 Mwpep l'opnm Premium for 0.00 poem* . M. Head leureot Prendum her 0,0 Pont 904. 006 in RESERVES DEPOSITED TSRH LENDER 1031.Ha-d Mama 0.00 mat OS per month 1001 t.b*o.Inatome 0.00 month Cs snort _1006 awphmotyluM 0,03 monk KB pot menet 1004.Canty property me 0.00 matt 00 per monk _ - tOOS. Amal.mnerm 0 03 month N per mw. 1036 0 Knanu a pa month 1007. 0.0 MOO CB par month 1006 Awr+Oeee Axuneln Adluetlem 0.00 0.00 1103. nil P CHARAFR '1101. Owbmern or OOLMO Foe to 01ICM TITLI M TeNt =PAH 1,025.00 1102 New=or Alb north to . 1100.TEeewmimton to 1101.*Se Sumo*bhlder to 05. Daeanertp.., .wan $0 100. Nebyleee to 1107. Aamnty'eles to 1108.OM Surma to alai*T17l1 1I033.I112 COMA 2 920.00 550.•• Snouda Slit home numbets0 ., 1100. Landers wimp $3,30.00.00 8 2.920.00 * . 1110.Oenflwarm 81 00.000.00 0 2,450.00 300.00 1111. T.i Tam MI 5Ilt FEE - 50.00 1112 T.1. FEE PROMS= 1113. I.V!liKIT FE! 100,00 moo GOVERNMENT RECORDING AND TRANSFER CNARGO mot Nmerdneteeer Deed 0 25.00:hbrtmie $ 14.03 :Rdewe 0 130.00 1b12 aty/eeumybl/mmper Dad 8 I Moiep 8 _ ma MA tn/emNr Dad 0 : Modde0m 0 1204. LICE FILM M !FARO! 545.00 1705 WIFE FEE 20.00 tan ADDMONAL SETTLEMENT CHARGES _ 1301.Smeey to ate03mrt M*WOO 010.00 ice.Memapo ka, to . 1M3. 1804. 170. 1008. 1807. 1400. TOTAL SETTLEMENT CHARGES fm.mbre1*8/4/0 Jam mt mmwtq 39 103.00 a 4059�` I hoer mol�.y Mewed t f4ll?1 C _..dm_ i.dbtdWbea d my . ' • end• lea ,aw Ss of MI erd dhSvmmm0 modem my emener by me kits mambo.,I tort.. have ofte Mgt Stmmern Row date TIC ICETa FAME 1111110 ARTIMISI1P (aLA OF -"r x10 , 7 _ The baemedwhat!h.apnnnled b Atha End mae mowmdd this fro wtm.Ihew ' (ybm.umfunk*be dbleursed In accordance wW Mb Moment F.rr,i ,me Or MUM ee•elm beeS, inl Ms 5s .lkMe UAW eWento-My aeYranirY t 7mmYeMe WMAUtew hMli elm IS Y.pYMwRLFViYbwr � �.. lYHY1CeYeMb.lr ere OS twm 100/000® aul.1 0514311O o 116/73/37 1 gist 40C t Ltt CBIR -AND TRUST COMPANY \�vl/ ESCROW RECEIPT AND DIBmRSERNINT AUTHORIZATION PADS I ESCROW MUM: 098134239-001 0RDS1 M: 01405-007775976 NEC maga: E. D. NOLOZNIX ROYER: TIC MORTON GROVE LIMITED PARTNERSHIP SELLER: VILLAGE CP MORTON GROVE PROPERTY: ILLINOIS RECEIPTS C.F. LENDER, LLC 1,450,741.00 TOLL RECEIPTS 1,490,741.00 eaaaavaaaa-.s DISBURSEMENTS A CHICAGO TITLE AND TRUST COMPANY SETTZ&@lf OR CLOSING PEE 1,025.00 TITLE INSURANCE 5,570.00 NEE YORE STLYE CLOSING MB 300.00 T.I. PEE PROCESSING 50.00 RECORD�IJ3 WEEBS 1211.00 OCC PILING ARU SEARCH 545.00 WIRE FEB 20.00 CHECK TOTAL 7,745.00 B C.P. LENDER LLC LOAN FEES 33,000.00 LE=)ER ATTDUEY PEES 2,500.00 CHECK TOTAL 35,500.00 C SANTO° EI AND MATTIS SURVEY 810.00 CHECK TOTAL B10.00 U VILLAGE OF MORTON GROVE NET PROCEEDS TO SELLER 1,406,533.00 CHECK TOTAL 1,405,687.00 TOTAL DI350RSENEWTS 1,450,741.00 BALANCE 0.00 IbademipmataWCNeapo 11 0.a dTmwCmpm',aPtwe,mmabthtmpad4mca ad Ntam.mrs m8rd mmm aM nMta appmaih. tamajthatlyeadoanally.forpotanaTherwanIgnednomppoctolfythatenetunoadusrasagnorogattszyjenbagoneattylorttelose ae8earaiat admat at a o dentloa thntnmme aa4'traloe aitmtot lobos /Yf 21 1 q F BRFRr • y�I 4 117 • if Chicago Tit1R & Trust CO. Authorization 12/21/98 10:50 180E 990/7001E WILL OOoma 2149 LBC aim BO:ZT 65/Tr/Zr 06/20/98 15:24 12312 580 2600 FORAN & SCHULTZ X002/002 FORAN & SCHULTZ ATTORNEYS AT LAW THOMAS A. FORAM 30 NORTH LA SAME STREET TERESA F. FRISBIE RICHARD 0 SCHULTZ Su1TE 3000 PETER A SILV ERMAN JAMES R. FIGLIULO HARLA B. WILNCFF STEPHEN A. GORMAN CHICAGO. ILLINOIS 60602 CAMEL 0 KASTEN JEFF 0 HARRIS 312-368-5330 PATRICK R GABRIONE JACK J. CARRIGLIO BRIAN P. LISTON STEvEN H. GISTENSON Was NO. 312.550.2600 PAUL A. HENMUELLER BROOKE R. WMITTEO MICHAEL G ANDERSON JEFFREY C. BLUMENTHAL JAMES J. SIPCNCN. JR. CARL A. GIGANTE MITCHELL S. CARMEN 0. CARUSO DANA L. ROMANIUR JESSICA OICKSTEIM June 14, 1996 OF COUNSEL MARRY C. COMERFORD Jack Gore 1118 N. State Parkway Chicago, Illinois 60610 Re: Purchase of Admiral Oasis Property located a 9353 Waukegan Road Dear Mr. Gore: We represent the Village of Morton Grove, Illinois in connection with all TIF.activities including property acquisition. As you know, the Village has approval a plan to redevelop significant portions of the Waukegan Road commercial corridor. Included within the redevelop- ment portions of that plan is a project for the Admiral Oasis Motel in which we understand you have an ownership interest. Foran & Schultz has been authorized, on behalf of the Village to negotiate for the purchase of your property. The Village is prepared to pay the owners of the Admiral Oasis Motel the sum of TWO MILLION FIFTY THOUSAND AND NO/100 DOLLARS ($2,050,000) for the real estate including buildings and all improvements thereon, interests in stress and alleys, if any, and free and clear of all taxes, special assessments, liens, environmental contamination, or encumbrances or claims of any kind. Taxes for the year 1995 and 1996 shall be pro-rated on the basis of 100% of the latest tax bill. This offer is based upon the fair market value of the property as determined by a professional appraiser. We sincerely hope you will contact our office within the next fourteen days to further discuss this proposal. Very truly yours, Carl A. Gigante CAG/dub 1125$-8. a..B1 Atk a.ptz_ e 4 ' i - , it - IV,, tit !/ /'-' '<' /1/ • t 6 eetil 4 cto - _ - -: gzq (tAdt ' , if - : .( 7 VF 6 a LI � ciao cam, Icetso Cyyi-"_ O-._ (nit° (Sat *row/ 1-12 seZfretzX (rid:1_44j. A"411 Village of Morton grove • Office of the Finance Director/Treasurer June 12 , 1996 Mr. Carl Gigante Foran and Schultz 30 N. LaSalle Street, Suite 3000 Chicago, Illinois 60602 RE: Negotiations for Purchase of Admiral Oasis Motel Dear Carl: Please accept this correspondence as a written confirmation of the outcome of our meeting held on Tuesday, June 11, 1996. The Village Board previously took action to employ the firm of Foran and Schultz for the purpose of providing legal services related to the Waukegan Road TIF District, more specifically the acquisition of property that will be utilized for selected redevelopment projects. The Board also took action at their regular Board meeting on Monday, June 10, 1996, to enter into a redevelopment agreement with the Taxman Corporation for the purposes of redeveloping Area A of the designated TIF District. Part of that process is the acquisition of the Admiral Oasis property. You are therefore authorized to proceed within the guidelines discussed at our recent meeting to initiate negotiations with the owner of the Admiral Oasis motel regarding the acquisition of that property by the Village. Please keep my office as well as Corporation Counsel Berrafato advised of your activities with this regard. If you have questions or need any assistance do not hesitate to call. Sinc lirgir a N. Ar t ' 1 age Administrator LN• /sl of\gigante3 . let cc: Village President and Board of Trustees Gabe Berrafato, Corporation Counsel Richard T. Flickinger Municipal Center 6101 Capulina Avenue Morton Grove, Illinois 60053-2902 NEW Tel: (708) 965-4100 Fax: (708) 965-4162 Recycled Paper 06/12/98 14:35 t1 312 580 2800 FORAN & SCHULTZ +44 VIL. OF Y.G. a001/002 FORAN & SCHULTZ ATTORNEYS AT LAW THOMAS A. FORAN 30 NORTH LA SALLE STREET TERESA F. FRISBIE RICHARD O. SCHULTZ SUITE 3000 PETER A. 51 JAMES R. FIGLIULO MARLA S. WILNEFF STEPHEN A. GORMAN CHICAGO, ILLINOIS 60602 DANIEL D. KASTEN JEFF 0. HARRIS JACK J. CARRIGLIO 312•366-8330 PATRICK R. OASRIONE BRIAN P. LISTON STEVEN H. GISTENSON FA+ Na 312-5SO.2600 PAUL A. HENMUELLER BROOKE R. WHITTED MICHAEL 6. ANDERSON JEFFREY C. BLUMENTHAL JAMES J. SIPCHEN. JR. CARL A. GIGANTE MITCHELL S. CHABAN CARMEN D. CARUSO DANA L. ROMANIUK OF COUNSEL HARRY O. COMERFORD FACSIMILE TRANSMITTAL SHEET { This facsimile contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for Ilte use of the Addressee(s) named below. If you are not the intended recipient of this facsimile, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this facsimile in error, please immediately notify us by telephone and return the original facsimile to us at the above address via the U.S. Postal Service. Thank you. DATE: �p - 12- q (a NO. OF PAGES: (INCLUDING COVER) Z ((��tt TO: L ct✓r +r� -t COMPANY: k %lute_ t -- \Or�r.N. c }Q FAX #: -708 / k le Z FROM: / NOTES: /C RRRt PA.MS4 AMID CbMfiffier (mutt .15 no pr/alp en ni64evsi.ip� -( Br/ If there are any questions regarding this transmission, please call Doris at 312/368.8330 Original of transmitted document will be sent by: __ Ordinary Mail __ Overnight Mail _ Hand Delivery This will be the only form of delivery of the transmitted document. 06/12/96 14:36 '@1 312 580 2600 FORAN & SCHULTZ ... VIL. OF M.G. Q002/002 DRAF7 DRAF June 12, 1996 1 Jack Gore 1118 N. State Parkway Chicago, Illinois 60610 Dear Mr. Gore: We represent the Village of Morton Grove. As you know, the Village has approved a plan to redevelop properties along Waukegan Road. Included within the redevelopment plan is the Admiral Oasis Motel, in which, we understand, you have an ownership interest �'� W4`_","I_,1C We have been authorized on behalf of the Village to negotiate for the sale dF your property. The Village is prepared to pay the owners of the Admiral Oasis Motel the sum of TWO MILLION FIF'T'Y THOUSAND AND NO/100 DOLLARS ($2,050,000)for the real estate including buildings and all improvements thereon, interests in streets and alleys, if any, and free and clear of all taxes, special assessments, liens, encumbrances or claims of any kind. Taxes for the year 1985 and 1996 shall be pro-rated on the basis of 110% of the latest tax bill. We hope that you seriously consider this offer and we invite you to contact the undersigned in the next fourteen (14) days to further discuss it. fuse-tnly June 13, 1996 Mr. Jack Gore 1118 North State Parkway Chicago, Illinois 60610 Re: Purchase of Admiral Oasis Property located at 9353 Waukegan Road Dear Mr. Gore: We represent the Village of Morton Grove, Illinois with all TIE' activities including property acquisition. As you know, the Village has approved a plan to redevelop significant portions of the Waukegan Road commercial corridor. Included within the redevelopment portions of that plan is a project for the Admiral Oasis Motel in which we understand you have an ownership interest. Foran and Schultz has been authorized on behalf of the L,Village to negotiate for the purchase of your property. The Village is prepared to pay the owners of the Admiral Oasis Motel the sum of TWO MILLION FIFTY THOUSAND AND NO/100 DOLLARS ($2,050,000) for the real estate including buildings and all improvements thereon, interest in streets and alleys, if any, and free and clear of all taxes, special assessments, liens, environmental contamination, or encumbrances or claims of any kind. Taxes for the year 1995 and 1996 shall be prorated on the basis of 100% of the latest tax bill. This offer is based upon the current fair market value of the property as determined by a professional appraiser. Village officials have accumulated extensive documentation regarding the current physical condition of this facility. Under the circumstances, the Village has made a very generous offer to purchase your property and we sincerely hope you will contact our office within the next fourteen days to further discuss this proposal. Sincerely, Carl Gigante Foran and Schultz of gore3.let 06/13/96 11:53 $708 965 4162 VIL. OF M.G. L 001 sssssssssssssssssssssssssss sss ACTIVITY REPORT sss TRANSMISSION OK TX/RI NO. 9565 CONNECTION TEL 13125802600 CONNECTION ID FORAN & SCHULTZ START TIME 06/13 11:52 USAGE TIME 01'37 PAGES 2 RESULT OK VILLAGE OF MORTON GROVE FAX COVER SHEET Richard T. Flickinger Municipal Center 6101 Capulina Avenue, Morton Grove, IL 60053-2902 Tel: (847) 965-4100 • Fax: (847) 9654162 Date: 2L/X2///3/ / 991/c No. of Pages (including cover sheet) SPECIAL INSTRUCTIONS: ❑ Confidential ❑ Urgent VI Please Reply ❑ For Your Information ❑ Per Our Discussion Ca As Requested FROM: MESSAGE: Name: r7/,),2 y 72, Q 2/11 /� (2224.0/] Dept: ./.�I'/I'7'I/i,v21: in - ) ,Q,CL?ICOLl}pin) TO: //1;SO,402_,zed ',2/it ) Name: COP/)11/02112 (/YZA40. Of: J79-?.C!/!) gP/2 ,/i/ / Fax #: 5,qr-26,m CC: Name: Of: Fax #: CC: Name: If not received correctly, please call the number Of: listed above along with this extension number or Fax #: direct dial number 84 7 -470 "nc2C intam • CHICAGO TITLE INSURANCE COMPANY 1::::1 (INVOICE AS OF 07/03/96) PAGE: 01 OFFICE: 01409 ORDER NUMBER: 007616361 ESCROW NUMBER: ACCOUNT NUMBER: 0019414-000 CONTRACT NUMBER: GABRIEL S BERRAFATO & ASSOCIATES DATE ORDER RECEIVED: 06/20/96 8720 FERRIS AVE REFER INQUIRIES TO: ROOM 218 CHICAGO TITLE INSURANCE - SKOKIE MORTON GROVE, IL 60053 (847) 677-3410 STJ ATTENTION: GABRIEL BERRAFATO SELLER/OWNER: ADMIRAL OASIS MOTEL LTD. PROPERTY ADDRESS: 9353 N. WAUKEGAN CUSTOMER REFERENCE: ADMIRAL OASIS MOTEL, LTD POLICIES APPLIED FOR: ALTA OWNERS 1990 $ 10,000.00 **************************************************************************************** RE SPA LINE DESCRIPTION OF ITEMS 1103 WORK CHARGE 500.00 1201 RELEASE(S) TO BE RECORDED 23.00 TOTAL CUSTOMARY SELLER/OWNER CHARGES: 523.00 TOTAL INVOICE: 523.00 MISCELLANEOUS DEBITS: .00 PAYMENTS/CREDITS: .00 NET AMOUNT DUE: 523 .00 ************************************************************************s,************** - ACCOUNT NUMBER: 0019414-000 ORDER NUMBER: 007616361 NET AMOUNT DUE: 523.00 01409: 523.00 THANK YOU FOR PLACING YOUR ORDER WITH CHICAGO TITLE PAYMENT DUE UPON RECEIPT PLEASE RETURN A COPY WITH REMITTANCE TO: CHICAGO TITLE 145 EASTALGONQUINNRROOAD - SKOKIE , IA ARLINGTON HEIGHTS, IL 60005 ( .y q -117/01/96 09:56 2312 580 2600 FORAN & SCHULTZ 1001/002 FORAN & SCHULTZ ATTORNEYS AT LAW THOMAS A. FORAN 30 NORTH LA SALLE STREET TERESA F. FRISBIE RICHARD G. SCHULTZ SUITE 3000 PETER A. SILVERMAN JAMES R. FIGLIULO MARLA B. WILNEFF STEPHEN A. GORMAN CHICAGO. ILLINOIS 60602 DANIEL 0, KASTEN JEFF D. HARRIS 312.366-8330 PATRICK R. GABRIO NE JACK J. CARRIGLIO BRIAN P. LISTON STEVEN H. GISTENSON Fax NO.312-560-2600 PAUL A. MEwr.IUELLER BROOKE R. WMITTEO MICHAEL 6, ANDERSON JEFFREY C. SLUMENTH•L JAMES J. 51PCNEN. JR. CARL A. GIG ANTE MITCHELL 5, CHASAN CARMEN O. CARU50 DANA L. RONANIUK OF COUNSEL HARRY G. COMERFORD FACSIMILE TRANSMITTAL SHEET This facsimile contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the Addressee(s) named below. If you are not the intended recipient of this facsimile, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited- If you have received this facsimile in error, please immediately notify us by telephone and return the original facsimile to us at the above address via the U.S. Postal Service. Thank you. DATE: 7- 1 - 7 Co NO. OF PAGES: (INCLUDING COVER) TO: V r ! COMPANY: 1 ` �� s FAX #: g4-7 - l �p��S - L\ IQ, FROM: \ NOTES: If there are any questions regarding this transmission, please call Doris at 312/368-8330 Original of transmitted document will be sent by: Ordinary Mail ___ Overnight Mail _ Hand Delivery This will be the only form of delivery of the transmitted document. 07/01/96 09:57 $`312 580 2600 FORAN & SCHULTZ a002/002 TEL: Jun 28.96 1S !58 No .003 P.01 Jaae 28, 1996 VIA FACSIMLE 312/580-2600 Mr. Carl A Gigante rormt& Schultz 30 N LaSalle St. Chicago Iii 60602 Re: Purchase of Admiral Oasis Properly at 9353 n Waukegan Road Dear Mr. Oigante: We aro in receipt of your letter dated June 14. 1996. Said letter took us by surprise. We need same time to obtain our own appraisal and do our own study. We at this time neither accept nor reject your offer. We would ■.. appreciate having a copy of your appraisal and any other documentation relative to your evaluation of the ADMIRAL OASIS MOTEL.We await your timely response to this correspondence Very truly yours, Jack H. Gore 1118 N. State Parkway Chicago.Illinois 60610 JNOfjhg O1b\wmu X10.0 07/03/96 13:51 $812 580 2600 - -FORAN & SCHULTZ - - - - -Q001/008 - H FORAN & SCHULTZ THOMAS A. FORAM ATTORNEYS AT LAW RICHARD G. SCHULTZ 30 NORTH L JAMES R. FIGLIVLO LA SALLE STREET STEPHEN A. GORMAN SUITE 3000 PETER F. Fg16B(E JEFF CHICAGO, FETER A, SILy Ep„AN D. HARRIS MIN 016 60602 MARLA S.W F 1LNEF JACK J. CARRIGLIO STEVEN 312'368-83$0 DANIEL O. KASTEN H. GISTENSON PATRICK P. G BROOKE R. WHITTEO FAR No, 3 ON NE JEFFREY C. BLUMENTHAL 12'580-2600 BRIAN P. L.ISTON PAUL A. HEMMUELLER CARL A. GIG ANTE MICHAEL. G. ANDERSON CARMEN D. CARUSO JAMES J. SiPC MITCHELL S. CHABANR DANA L. ROMANIVK OF COUNs EL. FACSLIIII.E TRANS�ii'1TAL SHEET MARRY G. COMEgFopo This facsimile contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the Addressee(s) named below. If you are not the intended recipient of this facsimile, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this facsimile in error, please immediately notify us by telephone and return the original facsimile to us at the above address via the U.S. Postal Service. Thank you. 43ATE: • 7- 3 -q(a NO. OF PAGES: (INCLUDING COVER) -� TO: -cA- COMPANY: i Ct9; Y<t N �`` � cted._ P Nm-keik.._ Et- FAX #: NA-1- 9 Ce 5 — 4l 6 FROM: r car\ t NOTES: If there are any questions regarding this transmission, please call Doris at 312/36&8330 Original of transmitted document will be sent by: `.. /6rdinary Mail _� Overnight Mail Hand Delivery SThis will be the only form of delivery-of the transmitted document. 07/03/96 13:51 '$312 580 2600 FORAN & SCHULTZ RI 0O3/003 `, DRAFT 1 July 2, 1996 Jack Gore 1118 N. State Parkway Chicago, Illinois 60610 Re: Purchase of Admiral Oasis Property located at 9353 Waukegan Road Dear Mr. Gore: In response to your faxed letter of June 28, 1996 we are sending you a copy of the ■ , appraisal prepared by James Foley. As you are well aware, the Village decided over fourteen months ago to redevelop this area. It is important that the project move forward. If we are unable to resolve this . it :; : •u_h negotiation, we would have to pursue condemnation proceedings. Please 1 us know your pos ;; • within the next fourteen (14) days. A), Very ' y yours, e�1.2 Carl A. Gigante CAG/dub Enclosure uzstaz.hr . 07/03/96 13:51 $312 580 2600 FORAN & SCHULTZ al 002/003 C- FORAN & SCHULTZ ATTORNEYS AT LAW THOMAS A. FORAN 30 NORTH LA SALLE STREET TERESA F. FRISBIE RICHARD 6, SCHULTZ SUITE 3000 PETER A. SILVERMAN JAMES R. FIGLIULO MARLA B. WILNEFF STEPHEN A. GORMAN CHICAGO, ILLINOIS 60602 DANIEL D. KASTEN JEFF D. HARRIS 3I2-366-5330 PATRICK R. GABRIONE JACK J. CARRIGLIO BRIAN P. LISTON STEVEN H. GISTENSON FAK NO-312-560-2600 PAUL A. HENMUELLER I BROOKE R. WHITTED MICHAEL G. ANDERSON JEFFREY C. BLUMENTHAL JAMES J. SIPCHEN, JR. CARL A. GIGANTE MITCHELL 5. CMASAN CARMEN 0. CARUSO DANA L. ROMANIUK JESSICA DICKSTEIN OF COUNSEL July 3, 1996 HARRY G, COMERFORD Via Facsimile: 847-967-2388 Via Facsimile: 847/965-4162 Gabriel S. Berrafato Larry N. Ant Corporation Counsel, Village of Morton Grove Village Administrator BERRAFATO & PORTER Village of Morton Grove 8720 Ferris Avenue 6101 Capulina Avenue Morton Grove, Illinois 60053 Morton Grove, Illinois 60053-2902 Re: VILLAGE OF MORTON GROVE Dear Gabe and Larry: Here is a draft response to Gore's June 28 letter for your review and comment. I would like to send it out today. Very truly yours, (174/t/ Carl A. Gigante CAG/dub Enclosure 1t25S1b\benat.1tt V ISSUING OFFICE: CHICAGO'11:11_,E INSURANCE COMPANY 8707 SKOKIE BLVD. SKOKIE, IL 60077 (847) 677-3410 GABRIEL S BERRAFATO & ASSOCIATES 8720 FERRIS AVE ROOM 218 MORTON GROVE, ILLINOIS 60053 GABRIEL BERRAFATO CTI ORDER NO. : 1409 007616361 SK YOUR REFERENCE: ADMIRAL OASIS MOTEL, LTD. �� STJ CHICAGO TITLE INSURANCE COMPANY REPLY FORM FORGING A CHAIN OF SUPERIOR CUSTOMER SERVICE THROUGHOUT CHICAGO METRO L,JRREFERENCE: ADMIRAL OASIS MOTEL, LTD. ORDER NO.: 1409 007616361 SK CHICAGO TITLE INSURANCE COMPANY APPLICANT: 8707 SKOKIE BLVD. SKOKIE, IL 60077 GABRIEL S BERRAFATO & ASSOCIATES 8720 FERRIS AVE ROOM 218 MORTON GROVE, ILLINOIS 60053 THIS FORM IS ENCLOSED FOR YOUR CONVENIENCE IN DEALING WITH THIS ORDER. YOU CAN INDICATE BELOW YOU CAN INDICATE BELOW WHAT YOU WANT WHAT YOU ARE SENDING US US TO DO NEXT ON THIS ORDER COMMITMENT - RECORD DOCUMENTS DEED (AFFIX STAMPS,IF ANY) TRANSFER DECLARATION(S) - WAIVE EXCEPTION(S)NO(S). MORTGAGE - DATE DOWN(LATER DATE) ASSIGNMENT OF RENTS - ISSUE LATER DATE,OR TRUST DEED - ISSUE POLICIES,IF CLEAR,OR SUBJECT NOTE TO EXCEPTION NO(S). ASSIGNMENT OF MORTGAGE RELEASE DEED(S) _ CANCELLED TRUST DEED AND NOTE - PERSONAL INFORMATION A}F1L)AVIT - TAX OR SPECIAL ASSESSMENT RECEIPTS - ALTA STATEMENT MECHANICS'LIEN WAIVERS _ JOINT TENANCY AFFIDAVIT DEATH CER I IFICATE IF APPLICANT FOR LATER DATE IS DIFFERENT, CHECK AMOUNT($ )FOR IDENTIFY BELOW. ACCOUNT NO.(IF ANY): NAME AND ADDRESS: BY: DATE: ALL POLICIES,WHEN ISSUED,WILL BE SENT TO THE APPLICANT NOTED ABOVE UNLESS OTHER NAMES AND ADDRESSES ARE FURNISHED BELOW: SEND OWNER'S POLICY TO SEND LOAN POLICY TO CREPLY STJ 0 Chicago Title Insurance Company 8707 SKOKIE BLVD. , SKOKIE, IL 60077 REFER INQUIRIES TO: (847) 677-3410 COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A(which policy or policies cover title risks and are subject to the Exclusions from Coverage and the Conditions and Stipulations as contained in said policy/ies) in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor, all subject to the provisions of Schedules A and B hereof and to the Commitment Conditions and Stipulations which are hereby incorporated by reference and made a part of this Commitment.A complete copy of the Commitment Conditions and Stipulations is available upon request and such include, but are not limited to, the proposed Insured's obligation to disclose, in writing, knowledge of any additional defects, liens, encumbrances, adverse claims or other matters which are not contained in the Commitment;provisions that the Company's liability shall in no event exceed the amount of the policy/ies as stated in Schedule A hereof,must be based on the terms of this Commitment, shall be only to the proposed Insured and shall be only for actual loss incurred in good faith reliance on this Commitment; and provisions relating to the General Exceptions, to which the policy/ies will be subject unless the same are disposed 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 inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by issuance of a revised Commitment. This Commitment is preliminary to the issuance of such policy or policies of tide insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment 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 member of the Chicago Tide and Trust Family of Title Insurers for the purpose of issuing a tide commitment or policy or policies _ shall be considered a violation of the proprietary rights of the Company of its search and examination work product. This commitment shall not be valid or binding until signed by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY LittAd1/407ic . /94,A,...vr Authorized Signatory Providing Title Related Services Since 1847 ORDER NO. : 1409 007616361 SK lumuk cs STJ STJ 07/09/96 09:13:37 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A ')UR REFERENCE: ADMIRAL OASIS MOTEL, LTD. ORDER NO. : 1409 007616361 SK EFFECTIVE DATE: JUNE 19, 1996 1. POLICY OR POLICIES TO BE ISSUED: OWNER'S POLICY: ALTA OWNERS 1990 AMOUNT: $10,000.00 PROPOSED INSURED: 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN IS A FEE SIMPLE UNLESS OTHERWISE NOTED. 3. TITLE TO SAID ESTATE OR INTEREST IN SAID LAND IS AT THE EFFECTIVE DATE VESTED IN: \.. OAK BROOK BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 19, 1988 AND KNOWN AS TRUST NUMBER 2068 4. MORTGAGE OR TRUST DEED TO BE INSURED: NONE R]NRc Al STJ PAGE Al STJ 07/09/96 09:13:38 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A (CONTINUED) ORDER NO. : 1409 007616361 SK 5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: PARCEL 1: LOTS 14 AND 15 IN FIRST ADDITION TO MILLS PARK ESTATES, BEING MILLS AND SONS SUBDIVISION IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES IN COOK COUNTY, ILLINOIS, AS DOCUMENT 1468919 PARCEL 2: LOTS 14, 15, 16 AND 17 IN SECOND ADDITION TO MILLS PARK ESTATES, BEING MILLS AND SONS SUBDIVISION IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES, COOK COUNTY, ILLINOIS, AS DOCUMENT 1468920 PARCEL 3 : LOTS 14, 15, 16, 17, 18, 19 AND 20 IN THIRD ADDITION 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 RNRLEOAL STJ PAGE A2 STJ 07/09/96 09:13:39 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B ORDER NO. : 1409 007616361 sic 1. IF EXTENDED COVERAGE OVER THE FIVE GENERAL EXCEPTIONS IS REQUESTED, WE SHOULD BE FURNISHED THE FOLLOWING: A. A CURRENT ALTA/ACSM OR ILLINOIS LAND TITLE SURVEY CERTIFIED TO CHICAGO TITLE INSURANCE COMPANY; B. A PROPERLY EXEC.u'r2D ALTA STATEMENT; C. UTILITY LETTERS FROM THE MUNICIPALITY OR COUNTY (IF UNINCORPORATED) , LOCAL GAS, ELECTRIC AND TELEPHONE COMPANIES AND IF APPLICABLE, THE LOCAL CABLE TELEVISION COMPANY AND WESTERN UNION. 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 COMMENCE PRIOR TO THE DATE ON WHICH ALL CHARGES PROPERLY BILLED BY THE COMPANY HAVE BEEN FULLY PAID. 3. TAXES FOR THE YEARS 1995 & 1996. 1996 TAXES ARE NOT YET DUE OR PAYABLE. PERMANENT INDEX NUMBER: 10-18-115-033-0000 1 OF 3. AFFECTS: THIS TAX NUMBER AFFECTS ONLY A PART OF PIQ. NOTE: 1995 FIRST ESTIMATED INSTALLMENT AMOUNTING TO $12,882.29 IS PAID. NOTE: 1995 FINAL INSTALLMENT NOT DELINQUENT BEFORE AUG 1, 1996. * * * * * TAXES FOR THE YEARS 1995 & 1996. 1996 TAXES ARE NOT YET DUE OR PAYABLE. PERMANENT INDEX NUMBER: 10-18-115-034-0000 2 OF 3. AFFECTS: THIS TAX NUMBER AFFECTS ONLY A PART OF PIQ. NOTE: 1995 FIRST ESTIMATED INSTALLMENT AMOUNTING TO $12,525.24 IS PAID. RNRCBI STJ PAGE B1 STJ 07/09/96 09:13:43 CHICAGO TITLE INSURANCE COMPANY • COMMITMENT FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER NO. : 1409 007616361 SK NOTE: 1995 FINAL INSTALLMENT NOT DELINQUENT BEFORE AUG 1, 1996. * * * • * TAXES FOR THE YEARS 1995 & 1996. 1996 TAXES ARE NOT YET DUE OR PAYABLE. PERMANENT INDEX NUMBER: 10-18-116-021-0000 3 OF 3. AFFECTS: THIS TAX NUMBER AFFECTS ONLY A PART OF PIQ. NOTE: 1995 FIRST ESTIMATED INSTALLMENT AMOUNTING TO $22,931.77 IS PAID. NOTE: 1995 FINAL INSTALLMENT NOT DELINQUENT BEFORE AUG 1, 1996. 4. MORTGAGE DATED FEBRUARY 19, 1988 AND RECORDED FEBRUARY 29, 1988 AS DOCUMENT 88091653 AND FILED AS DOCUMENT LR3690968 MADE BY OAK BROOK BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 15, 1988 AND KNOWN AS TRUST NUMBER 2068 TO OAK BROOK BANK, TO SECURE A NOTE FOR $1,500,000.00 MODIFICATION OF MORTGAGE AND ASSIGNMENT OF RENTS DATED MARCH 1, 1988 AND RECORDED AUGUST 11, 1993 AS DOCUMENT 93630926 MADE BY OAK BROOK BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JANARY 16, 1988 AND KNOWN AS TRUST NUMBER 2068 TO OAK BROOK BANK F 5. ASSIGNMENT OF RENTS MADE BY OAK BROOK BANK, AS TRUSTEE UNDER TRUST NUMBER 2068 TO OAK BROOK BANK, DATED FEBRUARY 19, 1988 AND RECORDED FEBRUARY 29, 1988 AS DOCUMENT 88091654 AND FILED AS DOCUMENT LR3690969. MODIFICATION OF MORTGAGE AND ASSIGNMENT OF RENTS DATED MARCH 1, 1988 AND RECORDED AUGUST 11, 1993 AS DOCUMENT 93630926 MADE BY OAK BROOK BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JANARY 16, 1988 AND KNOWN AS TRUST NUMBER 2068 TO OAK BROOK BANK C 6. TERMS, POWERS, PROVISIONS AND LIMITATIONS OF THE TRUST UNDER WHICH TITLE TO THE LAND IS HELD. D 7. LIEN IN FAVOR OF THE VILLAGE OF MORTON GROVE TO WHICH THE LAND WILL BECOME SUBJECT IN THE EVENT THAT A DEED OF CONVEYANCE THEREOF OR AN ASSIGNMENT OF THE BENEFICIAL INTEREST THEREIN IS RECORDED WITHOUT HAVING AFFIXED THERETO THE REVENUE STAMPS REQUIRED BY ORDINANCE RECORDED DECEMBER 14, 1987, AS DOCUMENT NUMBER 87658949. RCSCHBCO PAGE B 2 STJ STJ 07/09/96 09:13:43 • CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER NO. : 1409 007616361 sic E 8. PUBLIC UTILITIES EASEMENT AS DISCLOSED BY PLAT OF SUBDIVISION FILED AS DOCUMENT LR1468920 (AFFECTS PARCEL 2) . G 9. NOTE: IT APPEARS THAT THE AMOUNT OF INSURANCE STATED IN SCHEDULE A MAY BE LESS THAN 80 PERCENT OF THE LESSER OF: (1) THE VALUE OF THE INSURED ESTATE OR INTEREST OR (2) THE FULL CONSIDERATION PAID FOR THE LAND. YOUR ATTENTION IS DIRECTED TO THOSE PROVISIONS OF PARAGRAPH 7 (B) OF THE CONDITIONS AND STIPULATIONS OF THE OWNER'S POLICY WHICH PROVIDE THAT IN SUCH CASE, THE COMPANY MAY ONLY BE OBLIGATED TO PAY PART OF ANY LOSS INSURED AGAINST UNDER THE TERMS OF THE POLICY. THE ABOVE NOTE IS SHOWN FOR YOUR INFORMATION WITH RESPECT TO THE OWNER'S POLICY ONLY AND WILL NOT APPEAR ON SUCH POLICY. NEVERTHELESS, SUCH OMISSION SHOULD NOT BE CONSTRUED TO MEAN THAT SUCH POLICY IS NOT SUBJECT TO THOSE PROVISIONS OF PARAGRAPH 7 (B) OF THE CONDITIONS AND STIPULATIONS REFERRED TO IN THE NOTE. IF, HOWEVER, THE NOTE IS STAMPED "WAIVED" ON THE FACE OF THIS COMMITMENT, SUCH WAIVER SHALL BE DEEMED AN ACKNOWLEDGMENT BY THE COMPANY THAT THE AMOUNT OF INSURANCE STATED IN SCHEDULE A HEREIN IS, FOR THE PURPOSES OF SAID PARAGRAPH 7 (B) , NOT LESS THAN 80 PERCENT OF THE LESSER OF THE VALUE OF THE INSURED ESTATE OR INTEREST OR THE FULL CONSIDERATION PAID FOR THE LAND. J 10. IN ORDER THAT WE MAY INSURE TITLE AFTER COMPLETION OF AN EMINENT DOMAIN PROCEEDING TO ACQUIRE FEE TITLE TO THE LAND OR A LESSER INTEREST THEREIN, WE NOTE THE FOLLOWING: (A) NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS INSURING THE POWER OR RIGHT OF THE PLAINTIFF TO CONDEMN THE LAND; (B) OUR POLICY, WHEN ISSUED, WILL BE MADE SUBJECT TO DIRECT ATTACK UPON THE JUDGMENTS AND ORDERS ENTERED IN THE CASE; (C) UPON FILING OF THE COMPLAINT, A PROPER LIS PENDENS NOTICE SHOULD BE RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN THE COUNTY IN WHICH THE LAND IS LOCATED, OR, IF THE LAND IS REGISTERED IN TORRENS, FILED IN THE OFFICE OF THE REGISTRAR OF TITLES; (D) THE FOLLOWING NECESSARY PARTIES SHOULD BE JOINED IN THE CONTEMPLATED PROCEEDING IN ORDER THAT WE MAY INSURE THAT THEIR INTERESTS WILL BE AFFECTED: (1) ALL PERSONS ACQUIRING RIGHTS IN THE LAND SUBSEQUENT TO THE DATE OF THIS COMMITMENT AND PRIOR TO THE TIME A COMPLETE LIS PENDENS NOTICE HAS BEEN RECORDED/FILED; (2) ALL PERSONS, OTHER THAN THOSE NAMED HEREIN, KNOWN BY PLAINTIFF OR tri PLAINTIFF'S ATTORNEY TO HAVE OR CLAIM TO HAVE AN INTEREST IN THE LAND; (3) ALL PERSONS IN POSSESSION OF THE LAND. xCSCHBco PAGE B 3 STJ STJ 07/09/96 09:13 :43 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER NO. : 1409 007616361 SK (4) ADMIRAL OASIS MOTEL LTD. SHOWN AS SELLER ON THE APPLICATION FOR TITLE INSURANCE (5) OAK BROOK BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 15, 1988 AND KNOWN AS TRUST NUMBER 2068, RECORD OWNER OF THE LAND; (6) THE HOLDERS OF THE BENEFICIAL INTEREST IN THE OAK BROOK HANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 15, 1988 AND KNOWN AS TRUST NUMBER 2068, BY NAME IF KNOWN OR ASCERTAINABLE (7) THE OAK BROOK BANK, MORTGAGEE IN THE MORTGAGE RECORDED AS DOCUMENT NUMBER 88091653 NOTED ABOVE AT EXCEPTION B NOTE: IF IT IS KNOWN THAT ANY OF THE NECESSARY PARTIES LISTED HEREIN ARE DECEASED, THEIR HEIRS OR LEGATEES SHOULD BE MADE PARTIES BY NAME IF KNOWN, AND IF UNKNOWN, THEN BY THE NAME AND DESCRIPTION OF "UNKNOWN HEIRS OR LEGATEES OF" SUCH DECEASED PERSON OR PERSONS. IF IT IS NOT KNOWN OR CANNOT BE ASCERTAINED WHETHER ANY OF SAID PARTIES ARE LIVING OR DEAD, THEN SUCH PARTIES SHOULD BE MADE PARTIES BY NAME, AND SUCH PERSON(S) AS WOULD BE THEIR HEIRS OR LEGATEES SHOULD ALSO BE MADE PARTIES TO THE PROCEEDING AS "UNKNOWN OWNERS. " IN THIS CONNECTION WE DIRECT YOUR ATTENTION TO SECTION 2-413 OF THE CODE OF CIVIL PROCEDURE. NOTE: IN THE EVENT THAT THERE ARE ANY PERSONS WHO ARE NECESSARY PARTIES TO THE CONTEMPLATED PROCEEDING, BUT THE NAMES OF SUCH PERSONS ARE UNKNOWN AND UNASCERTAINABLE, THEN, AND IN THAT EVENT ONLY, SUCH PERSONS SHOULD BE MADE PARTIES UNDER THE DESCRIPTION OF "UNKNOWN OWNERS, " UNLESS THE CONTRARY IS HEREIN INDICATED. THE QUESTION OF THE COMPANY'S WILLINGNESS TO RELY ON THE DESIGNATION OF "UNKNOWN OWNERS" TO INSURE OVER THE INTEREST OF AN UNRECORDED MECHANICS' LIEN CLAIMANT, IF ANY, SHOULD BE SUBMITTED TO AN UNDERWRITER. (E) ADDITIONAL INFORMATION, IF ANY: - NOTE: IN ORDER FOR THE COMPANY TO INSURE OVER THE LIENS OF REAL ESTATE TAXES AND SPECIAL ASSESSMENTS AND THE RIGHTS OF ANY TAX PURCHASER NAMED HEREIN AFTER THE COMPLETION OF THE CONTEMPLATED PROCEEDING, THE COUNTY COLLECTOR'S WARRANT BOOKS AND THE MUNICIPALITY'S SPECIAL ASSESSMENT RECORDS MUST BE MARKED APPROPRIATELY, ANY TAX DEED PROCEEDING NOTED HEREIN MUST BE DISMISSED AND ANY OUTSTANDING CERTIFICATE OF PURCHASE MUST BE CANCELLED. NOTE: THE CONTEMPLATED PROCEEDING MAY AFFECT THE RIGHTS OF ONLY THOSE PARTIES NAMED HEREIN IN PARAGRAPH "D" AS NECESSARY PARTIES. THE POLICY, WHEN ISSUED, WILL BE SUBJECT TO THE RIGHTS OF ALL OTHER PARTIES AND INTERESTS SHOWN IN THIS COMMITMENT, INCLUDING, BUT NOT LIMITED TO, EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, AND THE RIGHTS OF PUBLIC OR QUASI-PUBLIC UTILITIES IN THE LAND, IF ANY, UNLESS SATISFACTORY DISPOSITION THEREOF IS OTHERWISE MADE OR UNLESS OTHERWISE EXPRESSLY STATED HEREIN. ** END •* is/ RCSCIBCO PAGE B 4 STJ STJ 07/09/96 09:13 :43 07/tj196 11:27 13312 580 2600 FORAN & SCHULTZ tfJJ001/002 FORAN & SCHULTZ ATTORNEYS AT LAW THOMAS a, FORAN 30 NORTH LA SALLE STREET TERESA F. FRISSIE RICHARD 0. SCHULTZ SUITE 3000 PETER A, SILVERMAN JAMES R. FIGLIULO MARLA B. W1LNEFF STEPHEN A. GORMAN CHICAGO. ILLINOIS 60602 DANIEL D. KASTEN JEFF 0. HARRIS 312-366-6330 PATRICK R. GABRIONE JACK J. CARRIGLIO BRIAN P. LISTON STEVEN H. GISTENSON Pa NO.312-560-2600 PAUL A. HEMMUELLER BROOKE R. WHITTED MICHAEL G. ANDERSON JEFFREY C. SLUMENTHAL JAMES J. SIPCHEN. JR. CARL A. GIGANTE MITCHELL S. CHASAN CARMEN D. CARUSO DANA L. ROMANIUK OF COUNSEL HARRY G. COMERFORD FACSIMILE TRANSMITTAL SHEET. This facsimile contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the Addressee(s) named below. If you are not the intended recipient of this facsimile, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this facsimile in error, please immediately notify us by telephone and return the original facsimile to us at the above address via the U.S. Postal Service. Thank you. DATE: 72_4- % NO. OF PAGES: (INCLUDING COVER) Z TO: L a rr-�-/ awf C' - COMPANY: \[ tk aist,' '— 1'Y1 a•� FAX #: ig"47- q ( 6- 4J Lo Z FROM: NOTES: a etc Le r If there are any questions regarding this transmission, please call Doris at 312/3684330 Original of transmitted document will be sent by: Ordinary Mail Overnight Mail Hand Delivery U This will be the only form of delivery of the transmitted document. 07/11/96 11:27 t312 580 2600 FORAM & SCHULTZ Z002/002 FORAN & SCHULTZ ATTORNEYS AT LAW THOMAS A. FORAM 30 NORTH LA SALLE STREET TERESA F. FRISSIE RICHARD G. SCHULTE PETER A. SILVERMAN SUITE 3000 MARLA B. WILNEFF JAMES R, FIGLIULO STEPHEN A. GORHAM CHICAGO. ILLINOIS 60603 DANIEL D. KASTEH JEFF D. HARRIS 312-366-6330 PATRICK R. GASRIONE JACK J. CARRIGLIO BRIAN P. LISTON STEVEN H. GISTENSOM Fax NO 3.2-560.2600 PAUL A. HENNUELLER BROOKE R. WHITTEO MICHAEL G. ANDERSON JEFFREY C. SLUMENTMAL JAMES J. SIPCHEN. JR, CARL A. GIGANTE MITCHELL S. CHABAN CARMEN D CARUSO DANA L. ROMANIUK M JESSICA DICK N STEI July 3, 1996 OF COUNSEL MARRY G COMERFORD Jack Gore 1118 N. State Parkway Chicago, Illinois 60610 Re: Purchase of Admiral Oasis Property located at 9353 Wmuicega2 Road Dear Mr. Gore: In response to your faxed letter of June 28, 1996 -we are sending you a copy of the appraisal prepared by James Foley. As you are well aware, the Village decided over fourteen months ago to redevelop this area. It is important that the project mpve forward. If we are unable to resolve this acquisition through negotiation, we would have to pursue condemnation proceedings. Please let us know your position by July 26, 1996. Very truly yours erdyittendr_t Carl A. Gigante CAG/dub Enclosure I175S.14asaG2t • (847) 965-2233 FAX (847) 967-2388 QQ L. r 1--in- LWe OA & , " - ' 1■ S tfl,,.A. d720 Ye taetiette July 24, 1996 Sitten Ste, donee. 6005,9-Pal Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053-2985 Attn: Larry N. Arft, Village Administrator In re: TIF - Possible Condemnation of the Admiral Oasis Dear Larry: Enclosed please find a Statement from Chicago Title Insurance Company in the sum of $523. 00, which is the costs involved in ordering down my Minutes of Condemnation. `., Would you kindly see that this Bill is placed on our Bill List for the TIF expenses and make sure that a copy of the Invoice goes in with the check, so that it will be properly accounted for at the title company. For your information, and records, enclosed please find a copy of the Minutes of Condemnation which I have forwarded to Carl Gigante for his use. If you have any questions, please call. Very truly yours, In ABRIEL . BERRAFATO /ck enclosure arts Village of Morton grove Office of the Village Administrator MEMORANDUM TO: Village Pre � •t an. :oard of Trustees FROM: Larry N. 41 ',41+%age Administrator DATE: July 29, 1 '• RE: Response from Jack Gore Regarding Village Acquisition of Admiral Oasis Property Please find attached a copy of correspondence over the signature of Calvert J. Gordon an attorney representing Mr. Gore regarding the Village's request to purchase the Admiral Oasis property. As you will note, the correspondence makes a very clear statement that the owners of the Admiral Oasis would like to negotiate a purchase price rather than incumber the expense of a condemnation process. Although this is extremely good news and very much unexpected based upon the earlier rhetoric from Mr. Gore, we should not naively assume that a settlement will be quickly negotiated. I still anticipate Mr. Gore will attempt to obtain an elevated price for his property. There is also the possibility of some delay although Mr. Gigante has done a very nice job to date of keeping the acquisition process moving and we will, of course, continue our discussions with Mr. Gore with time frames in mind. Despite the difficult negotiations which lie ahead, this turn of events is clearly a positive and unanticipated reaction to our efforts to acquire the Admiral Oasis which, assuming a price can be agreed upon could save months, if not years of litigation not to mention the tremendous expense associated with that effort. LNA/sl tit\gore.mem cc: Gabriel Berrafato, Corporation Counsel -Fax 965-2388 Carl Gigante, Special Counsel-Fax 312/368-8330 Sy Taxman, Taxman and Associates - 674-0230 Richard T. Flickinger Municipal Center n 6101 Capulina Avenue • Morton Grove, Illinois 60053-2902 `, Tel: (708) 965-4100 • TDD (708) 470-5249 • Fax: (708) 965-4162 • 07;28.96 14:54 23.1 312 580 2600 FORAY & SCHULTZ -*+-* VIL. OF M.G. 002/002 LAW OFFICES CALVERT J. GORDON 30 NORTH LA SALLE STREET SUITE 2024 CHICAGO 60602 TCLEPHORE (3121 726-3700 FAX: (312) 726.6644 July 25, 1996 Mr. Carl A. Gigante Foran & Schultz 30 North LaSalle Street Suite 3000 Chicago, Illinois 60602 Re: Admiral Oasis Property located at 9353 Waukegan Road Dear Mr. Gigante: I have been retained by the owners of the above captioned property which is sought to be acquired by the Village of Morton Grove. It is my client's desire that protracted and costly condemnation litigation be avoided if possible. I am suggesting that before you file any condemnation proceedings, we meet to discuss the possibility of a negotiated settlement. Yours truly, Cam. - - Calvert ordon CJG: jmc cc: Mr. Jack H. Gore 10/03/96 15:20 '$312 580 2600 FORAN & SCHULTZ el 002/002 • FORAN & SCHULTZ ATTORNEYS AT LAW THOMAS A. FORAM 30 NORTH LA SALLE STREET TERESA P. ?RISBIE RICHARD G. SCHULTZ PETER A. SILVERMAN JAMES R. FIGLIULO SUITE 3000 MARLA 0. WILNEFF STEPHEN A. GORMAN CHICAGO, ILLINOIS 60602 DANIEL D. KASTEN JEFF D. HARRIS 312-368.0330 PATRICK R. GABRIONE JACK J. CARRIGLID BRIAN P. LISTON STEVEN H. GISTENSON FAX N0. 312-580-2600 PAUL A. HENMUELLER BROOKE R. WHITTED MICHAEL G. ANDERSON JEFFREY C. BLUMENTHAL JAMES J. SIPCHEN. JR, CARL A. GIGANTE MITCHELL S. CHASAM CARMEN O. CARUSO DANA L. ROMANIUK JESSICA DICKSTEIN OF COUNSEL October 2, 1996 HARRY G. COMERFORD Calvert J. Gordon, Esq. 30 N. LaSalle Street Suite 2024 Chicago, Illinois 60602 Re: Admiral Oasis Motel Dear Cal: As you know, on June 14, 1996 we made an offer to Mr. Gore concerning the acquisition of the above referenced property. Although Mr. Gore rejected that offer the Village was willing to postpone the filing of eminent domain proceedings pending the receipt of a counteroffer. When you called my office last week, you indicated that you would be in a position to respond to our offer by October 11, 1996. Hopefully this matter can be resolved without litigation. Given the amount of time that has passed, however, since the initial offer was made, the Village has directed me to advise you that we must move ahead with this acquisition. Unless we receive a counteroffer by Monday, October 14, 1996, we will have to initiate condemnation proceedings. Very truly yours, C��f�GC rit Carl A. Gigan CAG/dub 11.25e-11Mgordon.Ar 11/13/98 11:58 iT1 312 580 2800 FORAN & SCHULTZ +4+ VIL. OF M.G. U002/008 DIALJOSEPH A. Rnvzt & ASSOCIATES, n c. REAL ESTATE APPRAISERS ti CONSULTANTS 105 West Madison Street, Suite 1700 Chicago.Illinois 60602 Telephone 312-7824760 Facsimile 312482-5309 November 5, 1996 Mr. Carl Gigante Foran & Schultz 30 N. LaSalle Street, Suite 3000 Chicago, Illinois 60602 Re: Proposal for Valuation Services Admiral Oasis Mdtel Waukegan Road Morton Grove, Illinois Dear Mr. Gigante: Thank you for considering Joseph A. Renzi & Associates, Inc. for this valuation assignment involving the above-referenced property. This proposal is for valuation services which will be conducted in conformance with requirements of the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute. The function of the valuation services will be for estimating the market value of the property for condemnation proceedings. Scope of Services The appraisal assignment would be coordinated by the undersigned with assistance of other well- qualified members of our staff. Our scope of services are briefly outlined below: Analyze general, legal, and financial data pertaining to the property which will be provided by you. A list of requested material is attached to this letter. Physically inspect the subject property to determine its physical characteristics, including construction details, condition, topography, access, utilities, etc. Conduct an investigation of the surrounding area to determine the neighborhood boundaries and potential land sales, improved sales, and competitive rental properties as appropriate. 11/14/96 11:58 $1 312 580 2600 FORA:V & SCHULTZ 44, VIL. OF M.G. 21003/008 Mr. Carl Gigante November 5, 1996 Page 2 • Research Zoning and Planning Department records to determine the zoning of the subject property, its conformity thereto and the zoning of surrounding land uses. • Research Assessor's records for transfers of the subject property. Details of ownership, dates of recording, and document numbers would be obtained as appropriate. • Research specific details concerning vacant land sales, improved sales and competitive rental properties through searches of public records, interviews with active brokers, and published sources of real estate data. ▪ Conduct a valuation of the subject property utilizing the Cost Approach, Sales Comparison Approach and/or Income Capitalization Approach to value, as deemed appropriate given the property and market specifics. ▪ Consult with you periodically as the assignment progresses. Timing and Fees With the foregoing as background, we are prepared to commence work on this assignment upon receipt of the required information and your formal signed authorization to proceed. We will accrue our time on an hourly basis at the rate of$150 and $100 per hour for designated MAI personnel and research personnel, respectively. Our fee will include all transportation, out of pocket expenses, and production costs which will be billed separately. In consideration of the outlined scope of services, we request a retainer of$4,000. Our fee is not contingent upon any outside event or third patty act, and is due and payable upon the rendering of services agreed to herein. In the event the assignment is ended prematurely for any reason, our fee will be prorated based on the work completed to date. All information and confidential data gathered during this assignment and the reports submitted will be held in atrict confidence. Should we be required to prepare for and/or give testimony at any legal proceedings relative to this assignment, the fees for such activity will be accrue on an hourly basis at the rates quoted above. This will include all time expended and expenses incurred in attending necessary meetings, pre-trial preparation, and attending and giving testimony in court. 11/14/96 11:59 $1 312 580 2600 FORAY & SCHULTZ .-.-. VIL. OF H.G. R1004/008 Mr. Carl Gigante November 5, 1996 Page 3 We trust this proposal is responsive to your requirements. If so, please acknowledge by signing, dating, and returning the enclosed copy of this letter. Our receipt of the signed engagement letter, together with the $4,000 retainer and the requested information, will constitute your formal authorization to proceed. Very truly yours, JOSEPH A. RENZI & ASSOCIATES, INC. Neil I. Renzi, MM President Agreed to (signature): // arnier By (print name): ,40,7 /v, /Y3`'fr ///it'fl➢rn) Date: //'2 — a4 \i/ 6� • 11/14%96 11:59 $1 312 580 2600 FORAN & SCHULTZ .44 VIL. OF M.G. fjoo5 008 REQUESTED APPRAISAL. INFORMATION 1. Plat of Survey with legal description; 2. Copy of real estate tax bill(s) for the entire property; 3. Site plan and any available physical property description; 4. Operating reports for the past three years, as well as the 1996 budget and year-to- date actual statement; 5. Copy of the management agreement and leases that may encumber the property; 6. Schedule of historic occupancy and average daily room rate generated by the property on a monthly basis; 7. Recent competitive hotel market study, or property STAR Report including competitive supply identity and estimated performance statistics for the past three years and 1996 year-to-date; 8. Schedule of historic and proposed capital improvements including: specific project identity, date(s) of project, and project costs; 9. Past marketing, feasibility, valuation, or other pertinent studies of the subject Pro Pi:AY; 10. Details concerning the acquisition of the subject property, if acquired within the past three years, currently under contract for sale, or if currently offered for sale; 11. Name and telephone number of person with whom we can schedule a physical inspection of the property. 11!14196 12:00 '8'1 312 580 2600 FORAM & SCHULTZ 44, VIL. OF M.G. 006%008 QUALIFICATION SUMMARY GEORGE W. SARGEANT, MAI, CCIM PROFESSIONAL EXPERIENCE: *JOSEPH A. RENZI & ASSOCIATES, INC., Chicago, Illinois (August, 1994 - Present) Vice President and Reviewer involved in all aspects of real estate valuation and analysis. •LANDAUER ASSOCIATES, INC., Chicago, Illinois (1990 to 1994) Vice President engaged in general real estate consulting with emphasis on computerized real estate analysis, valuation, feasibility and investment analysis, and market studies. •LAVENTHOL & HORWATH, Chicago, Illinois (1989 to 1990) Performed real estate and portfolio valuation including market value appraisals for existing and proposed investment-grade properties with a broad range of valuation objectives. •PANNELL KERR FORSTER, Chicago, Illinois (1986 to 1989) Involved in the valuation of various debt and equity positions in all types of investment- grade real estate. Engaged in a multitude of consulting assignments including site valuation studies, highest and best use studies, and acquisition due diligence. EDUCATION: *Southern Illinois University Bachelor of Science - Finance •DePaul University Master of Business Administration - Real Estate Finance Successfully completed the following courses conducted by the American Institute of Real Estate Appraisers: Real Estate Appraisal Principals (1A-1) Basic Valuation Procedures (1A-2) Capitalization Theory & Techniques Part A (1B-A) Capitalization Theory & Techniques Part B (1B-B) Case Studies in Real Estate Valuation (2-1) Valuation Analysis & Report Writing (2-2) Standards of Professional Practice (SPP) PROFESSIONAL ORGANIZATIONS: *Member of the Appraisal Institute (MAI Certificate 9098). •Illinois State Certified Real Estate Appraiser (License Number 153-000242). *Illinois State Licensed Real Estate Broker (License Number 075-094870). •Member of the Commercial Investment Real Estate Institute (CCIM Certificate 6598). 11/14/96 12:00 $1 312 580 2600 FORAN & SCHULTZ 444 VIL. OF M.G. a007%008 QUALIFICATION SUMMARY- (PAGE 2) APPRAISALS COMPLETED IN THE STATES OF: Alabama, Arizona, California, Colorado, Florida, Georgia, Illinois, Kansas, Kentucky, Michigan, Minnesota, Missouri, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas and Wisconsin. CLIENTS SERVED: Financial Institutions: American National Bank & Trust Company Citicorp Real Estate Corporation First National Bank of Chicago LaSalle National Bank Wells Fargo Real Estate Group Bank of America Bank of New England Fuji Bank Sakura Bank Industrial Bank of Japan Bank of Nova Scotia Bank of Canada Insurance Companies: Aetna Life Insurance Company Equitable Life Assurance Company Prudential Life Insurance Company Phoenix Home Life Insurance Company Principal Financial Group Mass Mutual Investment Advisors/Pension Funds: The RREEF Funds LaSalle Partners California Public Employee Retirement System State Teachers Retirement System of Ohio Teachers Insurance and Annuity Association Colorado Public Employees Retirement System VMS Realty National Property Advisors Metric Partners Birtcher Investments Heitman Advisory Pacific Telesis The Yarmouth Group Law Firms: Ross & Hardies Sonnenshein Nath & Rosenthal Sidley & Austin Madigan & Getzendanner Holleb & Coff Sarnoff & Baccash Robert Coleman & Associates 11/14/96 12:01 2,1 312 580 2600 FORAM & SCHULTZ 44. VIL. OF M.G. Rl oo8/0O8 `...- HOTEL VALUATION EXPERIENCE GEORGE W. SARGEANT, MAI, CCIM Properly Location _ Rooms 1. Best Western Grant Pk. Chicago, IL 172 2. Quality Inn Downtown Chicago, IL 406 3. Drake Oak Brook Hotel Oak Brook, IL 164 4. Westin Hotel O'Hare Rosemont, IL 525 5. Embassy Suites Chicago, IL 358 6. Sheraton City Centre Cleveland, OH 470 7. Embassy Suites Deerfield, IL 237 8. Plaza San Antonio San Antonio, TX 252 9. Sheraton Plaza St. Louis, MO 209 10. Sheraton West Port Inn St. Louis, MO 300 11. Mayfair Regent Chicago, IL 202 12. Sheraton Plaza Chicago, IL 335 13. Radisson Plaza Cleveland, OH 268 14. Marriott Society Center Cleveland, OH 400 15. Clarion Executive Plaza Chicago, IL 417 16. Radisson Hotel Grand Rapids, MI 214 �-- 17. The Drake Hotel Chicago, IL 535 18. Guest Quarters Suites Chicago, IL 345 19. Hyatt Regency Suites Chicago, IL 347 20. Richmont Hotel Chicago, IL 191 21. Spring Green Hotel Spring Green, WI 80 22. Radisson (Proposed) Ft. Wayne, IN 250 23. Sheraton Hotel Tulsa, OK 383 24. Holiday Inn Airport II Bloomington, MN 258 25. Days Inn Richmond Hill, GA 120 26. H.I. Crowns Plaza Lisle, IL 27. Days Inn Baltimore, MD 251 28. Hampton Inn Mountainbrook, AL 131 29. Residence Inn Louisville, KY 96 30. Residence Inn Columbus, OH 80 31. Residence Inn Ontario, CA 200 32. Days Inn Scottsdale, AZ 166 33. Wigwam Resort Litchfield Park, AZ 229 34. Holiday Inn Ctr.City Harrisburg, PA 261 35. Hampton Inn Countryside, IL 36. Holiday Inn Countryside, IL 907 7 . 1n" a -' n I r vim' i Ai t f'raises-4'w- .., .•F,, -..srri re****4`4-_,- - - _ I_• t< .2—n Stu Tuesday.o again populated the halls of Niles West Hig (Photo by Peter Luongo) s _ e 4 t�1F art Village file lawsuit t a _. against Admniral Oasis g • ByPJULA WIDNOLti-... federal Department of Housing and' staff writer Urban Development to put a stop to-;- the village's plans. - -fi.;• "The village didn't make any pro' After about four months of negoti- visions for the displacement of the:; ations,Morton Grove officials have people living here,"Siegel said. w'^_ made what they consider a reason- Arft said the motel is not meant+ able offer to the owner of the Admi- to be a place where people live,ant' ml Oasis to buy the motel. Howev- that it doesn't meet the codes antes er, the owner doesn't agree and standards for residential use, but'' isn't budging. rather it is a commercial business.•"d The purchase price may be left Siegel said that argument is sim- , up to a jury to decide since village ply semantics. "This is where petit officials filed a condemnation law- ple live on a permanent basis,"Sid-;„ suit against the Admiral Oasis,9353 gel said. -,• Waukegan Road, Oct. 23 in Cook 'The 180-unit motel is home to 90= 3S County Circuit Court. - families,he said. ...pi. "We're still somewhat hopeful If ownership of the motel falls ton there's a willingness to negotiate," the village, Arft said, "The rear:: said Village Administrator Larry dents will have adequate warning'' Arft He added that filing the con- to relocate." demnation suit gets the legal pro- He wouldn't say what purchase: cess moving in case negotiations price the village has offered SiegeL faiL If the owner agrees to sell,Arft The condemnation suit will et said,the suit will be dropped. assigned this month to one of five:However, Admiral Oasis ow gD ner Mike Siegel said he's not going to condemnation judges,-and the vii-i- sell unless the judge orders him to. lage has requested a jury trial, ac- Plans for the land where the mo- cording to Carl Gigante, attorney tel sits,just south of Golf School,in- handling the TIF negotiations for, dude a 30-unit condominium com- the village. plex and a drive-through pharmacy, It the court Hiles to condemn the:, Arft said. - property, 12 jurors will determine: Since the area is designated a the property value, the court will tax-increment-financing district 4 set a purchase price,and the judge.. , Arft said, the village has a right to will order the owner to sell pie condemn the motel for redevelop- land,Gigante said ment - "It's a slow, step-by-step process,- Siegel called the village's plans but it will eventually benefit evert': discriminatory. "It's a violation of one in town," said Trustee Dan many people's civil rights," Siegel - Scanlon, interim Morton Grove vir °crone said,adding that he's contacted the lage president• Scofflaws will learn these Di - boots are made for clamping By PAULA WIDNOLU - Using the Denver boot will deter, . :d sec- craft writer drivers from skipping out on payin3. ;hland up. The price to remove the boot— re n Warning: with five or which is clamped onto a wheel and- g renders the vehicle immobile — it iden more unpaid parking tickets are $150 and full payment of all unpaid_ vote in now officially eligible for the Den- tickets,Arft said. -- ver boot in Morton Grove. gh the At the Monday, Oct 28 Village If the driver doesn't ante p, the cation- y+ g car will be towed into storage, and :hat to - Board meeting, trustees approved the price could be$200 to$300 just, nom- ordering two boots, which should to get the car out — in addition to ors on be in use by January, said Village paying the parking ticket fines,Arfk.. Administrator LarryArit. _ al exit said. VILLAGE OF MORTON GROVE FAX COVER SHEET Richard T. Flickinger Municipal Center 6101 Capulina Avenue, Morton Grove, IL 60053-2902 q //-- Tel: (847) 965-4100 • Fax: (847) 965-4162 Date: /I/-- g — ! tP No. of Pages (including cover sheet) SPECIAL INSTRUCTIONS: ❑ Confidential ❑ Urgent ❑ Please Reply ❑ For Your Information ❑ Per Our Discussion ❑ As Requested FROM: q_,�D p 1Vf $ Name: /� N/Cf y /U. fir Fr e E: Dept: Nilo 04r. ettra'S &vtl TO: • 7 Name: O1I°L G IGeruTC Of: 1 D 4. fi Fax #: 1 i</ ')c c 2(oCC; rW n'�`y'/� lV�°fi CC: ,Mr1.u� Name: (LW! (86tet.2 Of: Fax #: 4f1 CC: Name: Of: If not received correctly,please call the number listed above along with this extension number or Fax #: direct dial number form .r® 11/08/96 10:41 e847 965 4162 VIL. OF M.G. 01 ssssss******************sss sas ACTIVITY REPORT sss ssssssassssssssssssssssssss TRANSMISSION OK T%/R% NO. 3756 CONNECTION TEL 13125802600 CONNECTION ID FORAN & SCHULTZ START TIME 11/08 10:39 USAGE TIME 01'56 PAGES 2 RESULT Ox 11/14/96 11:57 $1 312 580 2600 FORAN & SCHULTZ ++4 VIL. OF N.G. z001 008 FORAN & SCHULTZ ATTORNEYS AT LAW THOMAS A, FORAN 30 NORTH LA SALLE STREET TERESA F. FRISBIE RICHARO G. SCHULTZ SUITE 3000 PETER A. SILVERMAN JAMES R. FIGLIULO MARLA S. wILNEFF STEPHEN A. GORMAN CHICAGO, ILLINOIS 60602 DANIEL 0. KASTEN JEFF D. HARRIS 312-366-6330 PATRICK R. GABRIONE JACK J. CARRIGLIO BRIAN P. LISTON STEVEN H. GISTENSON FAA NO, 312-560-2600 PAUL A. HENMUELLER BROOKE R. WHITTED MICHAEL G. ANDERSON JEFFREY C- BLUMENTHAL JAMES J. SIPCHEN. JR. CARL A. GIGANTE MITCHELL S. CHABAN CARMEN D. CARUSO DANA L. ROMANIUK OF COUNSEL HARRY O. COMERFORD FACSIMILE TRANSMITTAL SHEET This facsimile contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the Addressee(s) named below. If you are not the intended recipient of this facsimile, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this facsimile in error, please immediately notify us by telephone and return the original facsimile to us at the above address via the U.S. Postal Service. Thank you. DATE: i I I I £ NO. OF PAGES: (INCLUDING COVER) TO: Lary l A ( vCOMPANY: 10 A, iLt_ppiiii FAX #: A I t1 5` V t FROM: \ 11 C 4 NOTES: j I 2.5' - 4 0° ��) Z S - �z 8 Z 1 % dl-6 � s o e?4 ,I ,If sere are ,questions regard' this transmission, please call Doris at 312/368-8330 Original of transmitted document will be sent by: Ordinary Mail _ Overnight Mail ` Hand Delivery �-.- This will be the only form of delivery of the transmitted document. 4 ate ► _ Village of c9Viorton grove November 14, 1996 Mr. Jeff D. Harris, Esq. Foran and Schultz 30 North LaSalle Street, Suite 3000 Chicago, Illinois 60602 Re: Village of Morton Grove vs Oak Brook Bank, et al Case No. 96 L 51208 Dear Mr. Harris: We have retained the law firm of Figliulo and Silverman, a professional corporation, as legal counsel in the above referenced matter effective November 18, 1996, and will no longer utilize the services of the firm Foran and Schultz on the above referenced matter, effective that date. Please transfer all files, documents, records and other materials relating to the above referenced matter, including information and data stored on your computer to Figliulo and Silverman, 10 South LaSalle Street, Suite 3620, Chicago, Illinois 60603. We acknowledge our obligation to pay Foran and Schultz for legal services rendered and for reasonable costs incurred on its behalf prior to November 18, 1996. Thank you for your cooperation. Sincerely, 1 / : / / ,=✓a=bet E Daniel D. Scanlon Village President /sl 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 � • LAW OFFICES FIGLIULO & SILVERMAN PROFESSIONAL CORPORATION TEN SOUTH LASALLE STREET Suite 3620 CHICAGO, ILLINOIS 60603 TELEPHONE 31 2/251 -4600 FACSIMILE 31 2/251 -461 0 November 11 , 1996 President and Village Board of Trustees Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053-2902 Re: Village of Morton Grove v. Oak Brook Bank, et al. Case No. 96 L 51208 Dear President Scanlan and Village Board: James R. Figliulo, Carl A. Gigante, Peter A. Silverman and Brian P. Liston, formerly of the firm of Foran & Schultz, along with Marc Porter of Berrafato & Porter have formed their own firm. Gabe Berrafato will be of counsel to the firm and the firm will retain offices in Morton Grove. Enclosed is a letter of direction to Foran & Schultz to transfer files and materials relating to the above- referenced matter to Figliulo & Silverman, a professional corporation. We are confident that there will be a smooth and orderly transition. We have agreed that your fee agreement with Figliulo & Silverman will be the same as your present fee agreement with Foran & Schultz. Fees and costs for services rendered on your behalf prior to the transfer of your matter to Figliulo & Silverman will be owed to Foran & Schultz. Thank you for the opportunity to represent you in this matter. We value our relationship and greatly appreciate your trust and confidence in us. Very truly yours, diA Carl A. Gigante CAG/dub cc: Gabriel Berrafato Larry Arft November 18, 1996 Jeff D. Harris, Esq. Foran & Schultz 30 North LaSalle Street Suite 3000 Chicago, Illinois 60602 Re: Vi//age of Morton Grove v. Oak Brook Bank, et at Case No. 96 L 51208 Dear Mr. Harris: We have retained the law firm of Figliulo & Silverman, a professional corporation, as our legal counsel in the above-referenced matter effective ∎— November 18, 1996, and will no longer utilize the services of the firm of Foran & Schultz on the above-referenced matter as of that date. Please transfer all files, documents, records, and other materials relating to the above-referenced matter, including information and data stored on computer, to Figliulo & Silverman at Ten South LaSalle Street, Suite 3620, Chicago, Illinois 60603. We acknowledge our obligation to pay Foran & Schultz for legal services rendered and for reasonable costs incurred on its behalf prior to November 18, 1996. Thank you for your cooperation. Very truly yours, President and Village Board of Trustees, Village of Morton Grove Law Offices Figliulo & Silverman A Professional Corporation "`v 1956 Ten South LaSalle Street Suite 3620 - Chicago, Illinois 60603 Telephone 312/251-4600 Facsimile 312/251-4610 November 20, 1996 ° Larry Arft /( / Village Administator Village of Morton Grove 6101 Capulina Avenue Morton Grove Illinois 60053-2902 Re:Retention of appraiser and payment of retainer Dear Larry: This will confirm our conversation this morning wherein you authorized me to engage the services of George Sargeant whose retention agreement you received last week. You have given me the authority to sign the retention agreement on behalf of the Village. In addition we agreed that our firm will advance the retainer to Sargeant's firm, Joseph Renzi and Associates, and then include that amount as a disbursement in our next bill. Very Truly Yours, L � Carl A. Gigante cc: Gabe Berrafato N.\CLIENTS\117 J\OTIiER arfirer I thomas rr?, coLL rs ex assoc. inc. k-0;/)\ November 20, 1996 n9 Mr. Calvert J. Gordon, Esq. 30 N. LaSalle Street - Suite 2024 Chicago, Illinois 60602 Re: Admiral Oasis Motel 9353 N. Waukegan Road Morton Grove, Illinois Dear Mr. Gordon: In accordance with your request, I have made an inspection and market value appraisal of the above captioned property. The purpose of the appraisal is to estimate the current fair market value of the fee simple interest in the property. This report has been prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) with the exception of the Departure Provision as well as the regulations of the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) of 1989. The valuation is subject to the limiting conditions stated in the report. Attached to this letter you will find a report which defines market value, further identifies the property, and includes the facts and data underlying our opinion. In my opinion, the market value of the subject property as of October 1, 1996, was: FOUR MILLION FOUR HUNDRED TWENTY SEVEN THOUSAND FIVE HUNDRED DOLLARS ($4,427,500) Respectfully submitted, THOMAS M. COLLINS & ASSOC., INC. U Thomas M. Coffins, MAI, SREA Certificate #153-000670 U U -N ' °� r' < -(:125 • 708 279.2220 I I . s_ Admiral Oasis Motel - North Building. • - 1 Admiral Oasis Motel - South Building. oLl!n_s cc associates Inc. --\ i , r _ i i .i ` ., -----. - 11 I _- -emu. i I I -- I 1 I South Building - Cocktail Lounge. I N !, \\ - • !. I liV\IL-- o ei, I ,z- ' 1 ! I II i i North Building - rear view. II s i ® \ '"� \ ,_-',r;s tY associates Inc. Mr • I MI Id I _, ... r -I a ....., • u 1 ...„... , . r1 . li i • 1 /1 ::,.. . .„ .__ ?., . . „ 1 111 1 Typical single bed room. msµ I -1 i a 4 1 is-- fro <:' rs ` Typical double bed room. II associates inc. a. 1 SUBJECT PROPERTY The subject of this appraisal report are two free standing 2 story motel buildings containing 161 guest rooms built in the 1950's, operating as the Admiral Oasis Motel. The facility is on sites containing approximately 1.365 acres, located at the northeast and southeast corners of Waukegan Road and Lyons Street in the Village of Morton Grove, Illinois. The office address is 9353 Waukegan Road, Morton Grove, Illinois 60053. Please refer to the j pages of this report for a full description of the location, property and improvements. PURPOSE OF APPRAISAL u The purpose of this appraisal is to estimate the market value of the subject property as of `, October 1, 1996. U FUNCTION OF THIS REPORT IThe function of this report is to estimate the value of the property for the owner in a proposed sale to the Village of Morton Grove. p I PROPERTY RIGHTS APPRAISED The property rights appraised are the fee simple estate. This interest is defined as "absolute ownership unencumbered by any other interest or estate; subject only to the limitations of 4 eminent domain, escheat, police power and taxation." 111 ` coLLins cc associates Inc. 2 DEFINITION OF MARKET VALUE I Market Value as applied in this report is from Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, as adopted August 24, 1990, and is defined as follows. I Market Value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by U undue stimulus. Implicit in this definition is the consummation of a sale as of a specified U date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and acting in what i they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of fmancial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. coffins a associates inc. 3 OWNERSHIP The property is owned by Oak Brook Bank, Trust 2068, it was acquired over five years ago. Since then, there have been no transfers of the property. To the best of my knowledge, the property has not been actively offered for sale in the past year. I ' LEGAL DESCRIPTION I The following legal description was taken from the Sidwell Plat Maps. This legal description has been checked against available public records but has not been verified on our part by legal counsel. Such verification is recommended prior to its use in any legal document or conveyance. Lots 14, 15, 16, 17, 18, 19 and 20 in Third Addition 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. PLots 14 and 15 in First Addition 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. PI Lots 14, 15, 16, and 17 in Second Addition to Mills Park Estates, being Mills and Sons' j Subdivision in Section 18, Township 41 North, Range 13 East of the Third Principal Meridian, in Cook County, Minois. coLL(ns associates Inc. ol 4 �-' REAL ESTATE TAX AND ASSESSMENT DATA II The following data was obtained from the County Treasurer's Office: I Township: Niles I _ Permanent Index Numbers: 10-18-115-033; -034 10-18-116-021 Total 1995 Real Estate Taxes: $99,324.45 Taxpayer of Record: SABRA Mgmt. Co. ` contras cc associates Inc. II I5 SITE DATA IL � Location: 600 feet north of the Northwest corner of Illinois Routes IIINortheast and southeast corners of Waukegan Road and Lyons Street in Morton Grove, Niles Township, Cook County, Illinois. IllSize: 1.365 acres; equates to 59,465 square feet. Shape: Rectangular - (See Plat Diagrams) II Frontage: 535 feet on the east side of Waukegan Road 125 feet on both side of Lyons Street 125 feet on the north side of Beckwith Road ITopography: Essentially level and at grade with surrounding properties. Utilities: The property has all utilities: gas, electric, water, sewer and telephone. I I Drainage: Appears adequate. Access: All street frontages - Waukegan, Lyons and Beckwith. Visibility: The site is on a very busy thoroughfare, with a high IIvolume of traffic. A building improvement can easily be seen from both directions. ISoil Conditions: Soil boring tests were not furnished to us with this assignment. We assumed no adverse soil conditions exist, based on inspection of the subject building as well as other structures in the area, none of which exhibit any evidence of abnormal soil conditions, such as wall II4 or foundation fissures, and/or leaning of the buildings. Floodplain: The property is located in a Type C Flood Zone, an parea of minimal flooding (FIRM - Panel 17-128-0005B) li K coLLins Cr associates inc. I F r 6 SITE DATA (Continued) Wetlands: There are no identified wetlands present on the subject property. Roadways: Waukegan Road is a major north-south arterial road carrying heavy volumes of vehicular traffic through the north side communities well into Lake County. Lyons Street and Beckwith Road are predominantly residential in character. Land Use Restrictions: Although a title report was not provided, there are no known easements, encroachments or restrictions that would adversely affect the use of the site. However, a U j title search is recommended for final determination of j any such adverse conditions. 1 I I i coLLins ec associates inc. 7 {� H DESCRIPTION OF IMPROVEMENTS General The site is improved with two 2 story motel buildings having a total of 161 rental units, an office and guest reception area plus a small cocktail lounge in one of the buildings. Square Foot Areas: Building 1 - 20,504 sq.ft. Building 2 - 20.504 sq.ft. Total 41,008 sq.ft. Height: Two stories, no basements. Aee: North building built in 1956 South building built in 1960 Room Count: North Building 99 rooms South Building 62 rooms 161 total rooms lei . Construction Details Foundation: Poured reinforced concrete. B asement: Partial basement under each building. � Exterior Walls: Face brick over concrete block Windows: Double-hung wood. Roof: Flat built-up tar and gravel roofs. Shingle mansard eaves. Floors; Precast concrete flexicore, tarred (some carpet) in exterior walkways; vinyl tile in rooms; ceramic the in baths. Interior Finish: Drywall, painted walls and ceilings; incandescent lighting in rooms. 3 I I i\\ I coLLins a associates Inc. i 8 H IMPROVEMENTS (Continued) Mechanical Electrical: Electric service appears to be adequate in each building. Heatine and Air Conditioning: Kewaunee gas fired boilers to baseboard radiant hot water units in each room; individual sleeve air conditioner units. Fire Protection: Each room is equipped with a smoke detector. Plumbing: The rest rooms are equipped with standard, commercial I grade porcelain fixtures. Hot water is provided by separate boilers. Room Count: The buildings have a mixture of single or double bed rooms and kitchenette units. There are 80 kitchenette units and the balance in single room units. PH Site Improvements: There is asphalt paved parking on all sides of the buildings. Approximately 138 parking spaces have been 11 counted. Observed Condition 1 ! Exterior: The exterior of the structure was built with good quality materials and workmanship. Since the original construction, the maintenance has been good. Interior: The space is essentially well built and typical of a 40 year old motel upgraded from time to time to maintain a functional Class B Motel. Obsolescence Functional: None observed. External: The ro e p p rty is located on a major commercial thoroughfare extending through several north Cook County and Lake County communities. No depreciation is warranted. rnT Iins (7 nssnrtnDPS Inr. I t 9 HIGHEST AND BEST USE I Highest and best use is defined by the Appraisal Institute as follows: i 1. That reasonable and probable use that supports the highest present value, as defined, as of the date of the appraisal. 2. The reasonably probable and legal use of land or sites as though vacant, found to be physically possible, appropriately supported, financially feasible, and that results in the highest present land value. � 3. The most profitable use. Implied in these definitions is that the determination of highest and best use takes into account the contribution of a specific use to the community and community development I goals as well as the benefits of that use to individual property owners. Hence, in certain situations, the highest and best use of land may be for parks, greenbelts, preservation, conservation, wildlife habitats, and the like. The highest and best use theory applies to the land as though vacant and the property as improved. The use providing the highest present value is the highest and best use in each case The analysis i,based on the following criteria: 1. The use must be physically possible. 2. The use must be legally permissible. 3. The use must be financially feasible. 4. The use must be maximally productive. I I \` coLLins Cc associates inc. 10 IHIGHEST AND BEST USE (Continued) Hiehest and Best Use of the Land I 1. Physically possible. - The subject site is of adequate size and shape and has sufficient street frontage, good topography, access and exposure. All utilities are immediately available and we assume that soil conditions are favorable. There are no apparent flood plain or wetland areas. A wide variety of uses are physically possible on the site. 2. Leeallv permissible. - The property is zoned "C-2", Service Commercial District, by the Village of Morton Grove. Many business and commercial uses are permitted by the ordinance. I3. Financially feasible. - There is a good demand for business properties in Morton Grove and the economic feasibility for success is promising. 4. Maximally productive. - The mammal use of the site would be for any business use permitted by the Village of Morton Grove. Conclusion - A business use meets each of the four tests and is our opinion of the highest and best use of the site as if vacant. N I U I I I M \ coLlins Cc associates inc 11 HIGHEST AND BEST USE (Continued) Highest and Best Use of the Land - as Improved r 1. Physically possible. - The subject is physically possible by reason of its Iexistence on the site and its very good overall condition. 2. Leualiv permissible. - The subject use is permitted in its zoning district. An investigation of the zoning ordinance indicated that the property is in compliance with the stated requirements. I3. Financially feasible. - The building is well occupied . There are mortgage funds available for this property type in this location. 1 4. Maximally productive. - A review of the Sales Comparison Approach to value indicates that the present use is the type of property which is regularly bought and sold. CONCLUSION- The subject is a well located site that is improved with a very good quality Motel building that has a good track record of occupancy and profitability.In my opinion, it is the Highest and Best Use of the property. There are no other uses which would provide 11 a greater return to the land. 11 • a U • 1� c oLLias ci assoc.-fates inc. 12 VALUATION OF THE PROPERTY The valuation of real estate is derived through three basic approaches to value: the Cost Approach,the Sales Comparison Approach and the Income Capitalization Approach. From the indication provided by these analyses to the extent they are applicable and the weight accorded to each, an opinion of value is reached based upon expert judgment within the outline of the appraisal process. The methodology of each approach is summarized below. The Cost Approach - The Cost Approach is devoted to an estimate of the physical value of the property. The market value of the land, is estimated by market comparison, to which is added the depreciated value of the improvements on the site. The latter is derived based upon an estimate of the cost of reproducing or replacing the improvements, from which the accrued depreciation is deducted. 4 The Sales Comparison Approach - The Sales Comparison Approach is based upon the principle of substitution; that is, when a property is replaceable in the market, its value tends to be set at the cost of acquiring an equally desirable substitute property, assuming no costly delay in making the substitution. Since two properties are rarely identical, the necessary adjustments for such differences in location, quality, size, services and market appeal are a function of appraisal experience and judgment. The Income Capitalization Approach - The Income Capitalization Approach involves an analysis of the property in terms of its ability to provide a net annual income after payment 4 of operating and fixed expenses. The estimated net annual income is then capitalized (or coLLins et associates inc. 13 VALUATION (Continued) I discounted) at a rate commensurate with its relative duration and the risk involved in the ownership of the property. Capitalization rates may be estimated through market comparison, alternative investment analysis, or calculated through a built-up rate process. The Reconciliation of Value Indications - This section of the report is the final analysis and correlation of the applicable approaches to value, relative to their alternative value indications, and a statement of the final opinion of market value. I Appraisal Methodoloav for the Subiect Pronertv - In this instance, the subject property contains both land and improvements which contribute to the overall value. There is an Iactive market for this property type which is routinely bought and sold. The property has a positive operating history providing net income which equates to value. Considering these factors, we have utilized all of the above approaches in estimating the value of the property. I ; I ' i I ' I ' I coLLfas Cc associates inc. 14 COST APPROACH Lr The Cost Approach reflects the value of the subject property based upon the estimated value of the subject site, if vacant, and the estimated depreciated value of the subject improvements (building and site improvements). The procedure used in estimating the value of the subject property by the Cost Approach is outlined as follows: i 1. Estimate the market value of the site as though vacant and utilized at its highest and best use by applying the Sales Comparison Approach. 2. Estimate the current replacement cost of the existing primary improvements. I 3. Estimate the accrued depreciation in the improvements. This step identifies the effective age and remaining economic life of the improvements, and delineates components of accrued depreciation: physical deterioration, functional obsolescence and external obsolescence. 4. Deduct the accrued depreciation from the current replacement cost to derive the estimated depreciated value of the improvements. 5. Estimate the replacement cost of accessory buildings and site improvements and deduct their respective depreciation to obtain the total depreciated replacement cost of all improvements.These improvements are often appraised at their net value and included as a lump sum. 6. Add the depreciated value of all improvements to the market value of the site to obtain the indicated value of the property. We have reviewed all the recorded sales of comparable vacant sites in market area during • the past few years in connection with this assignment. We have selected the following iproperties which are the most comparable to the subject site, and are the basis of our opinion of land value: \ coLLlns Cc associates inc. ... i -- 15 COST APPROACH (Continued) Land Sale 1 Location: 8650 Shermer Road, Niles . III PIN: 10-19-102-16 plus several Date: March, 1995 Size: 40,075 sq.ft. le Utilities: Fully improved Zoning: Commercial Highest and Best Use: Condominiums I Price: $750,000 Unit Price: $18.71/sq.ft. Comments: 30 unit condominium building under construction. N Land Sale 2 NLocation: 9544 Washington, Niles PIN: 09-14-201-040 Date: January, 1996 Size: 49,570 sq.ft. 1 Utilities: Fully improved Zoning: Commercial Highest and Best Use: Commercial I i Price: $575,000 Unit Price: $11.60/sq.ft. Comments: Property vacant as of November, 1996. I Land Sale 3 i I Location: NEC Foster and Skokie Boulevard, Skokie PIN: 10-15-100417 I Date: February, 1995 Size: 89,950 sq.ft. Utilities: Fully improved I Zoning: Commercial Highest and Best Use: Commercial Price: $1,850,000 IUnit Price: $10.57/sq.ft. Comments: New theater completed Collins I K a associates Inc. 16 COST APPROACH (Continued) Land Sale 4 Location: SWC Greenwood and Elm Dr., Niles PIN: 09-14-111-021 Date: March, 1994 Size: 143,000 sq.ft. Utilities: Fully improved Zoning: Commercial Highest and Best Use: Commercial Price: $2,800,000 Unit Price: $19.58/sq.ft. Comments: Best Buy Store built. 1 i I Summary of Land Sales - We have summarized the sales as follows: I :Sale Location Sq.Ft. Size : Price/Sq.Ft. I 1 Niles 40,075 $18.71 2 Niles 49,570 $11.60 3 Skokie 89,950 $20.57 4 Niles 143,000 $19.58 Subject 9353 Waukegan Rd., Morton Grove 59,465 Analysis of Land Sales - Our analysis involves the comparison of these sites to the subject in the factors which influence value such as size, location, physical influences and time of sale. An upward adjustment is made on a comparable when it has a feature that is considered inferior to the subject. A downward adjustment is made on the comparable if it has a feature that is considered superior. Essentially, larger properties usually sell for lower unit values because there are fewer users coLLins a= associates Inc. 1 17 4 COST APPROACH (Continued) and investors for larger sites, which thus restricts demand and ultimately the prices paid Mi for them. Location and overall appeal obviously influence value; better located properties in pleasing, i I well planned areas generally sell for higher unit prices. ■ Physical influences affect values and prices; features such as corner location, size, shape, access, visibility, good topography, and availability of utilities are considered in this analysis. The element of time has an influence on value if there has been a trend in the market for �' the property type and location. In the case of the subject site, there has not been sufficient evidence to warrant any adjustments for time in the past few years. Unadjusted, the sale data ranges from $11.60 to $20.57 i per square foot with a weighted average (total sale price divided by total land area) of $18.50 per square foot. I rate the subject in the upper range because of its prominent location on a major commercial street Iwith corner influence affecting both buildings. IConsidering this data and analysts'ysis, together with my knowledge and experience in the property type and location, it is my opinion that the market value of the land is based on a unit value of $20.00 per sq.ft., with the value calculated as follows: 59,465 sq.ft. (g) $20.00/sq.ft. = $1,189,300 I , Rounded, $1,190,000 coLLins cc associates Inc. 18 COST APPROACH (Continued) Replacement Cost - Replacement Cost is defined in the Real Estate Appraisal Terminology • Text, published by the American Institute of Real Estate Appraisers and the Society of Real Estate Appraisers, as follows: "The estimated cost to construct, at current prices, a building with utility equivalent to the building being appraised, using modern materials and current standards, design and layout." The following Replacement Cost estimates are derived from several cost manuals and publications, as well as our review of Contractor's Statements on similar projects. We have received data from local reliable sources as a part of this assignment. Our primary source of data for estimating the replacement cost is the Marshall Valuation Service Cost Manual, (Dec., 1995 - Section 12, page 10) and is based upon the current local market and include all items necessary to reproduce the subject structures as of the date of this appraisal. These cost estimates have considered the reported construction costs of similar type improvements in the Chicago Metropolitan Area and have also employed nationally recognized building cost indices. The cost estimates reflect not only the cost of material and labor, but also include architectural and contractor's fees, engineering expenses, and overhead and profit. Replacement Cost- Subject Property-After reviewing the subject building, it is our opinion that the subject improvements would cost $81.86 per square foot of building area. Cost of Site Improvements - The estimated value of the site improvements (paved parking) I � I I is $25,000. coLLins Cr associates Inc. a 19 4 COST APPROACH (Continued) I Accrued Depreciation Accrued Depreciation, is defined as follows: "Accrued depreciation is the difference between an improvement's reproduction cost or replacement cost and its market value as of the date of appraisal. Depreciation is a loss in value caused by either physical deterioration, functional obsolescence and/or external obsolescence. Physical deterioration is defined as "a reduction in utility resulting from an impairment of physical condition." It may be curable or incurable. Functional obsolescence is defined as "impairment of functional capacity or efficiency. Functional obsolescence reflects the loss in value brought about by such factors as defects, deficiencies, or Isuperadequacies that affect the property item itself or its relation with other items ■ comprising a larger property. The inability of a structure to perform adequately the function for which it is currently employed." It may be curable or incurable. External obsolescence is defined as "impairment of desirability or useful life arising from factors external to the property, such as economic forces or environmental changes which affect supply- demand relationships in the market. Loss in the use and value of a property arising from the factors of external obsolescence is to be distinguished from loss in value from physical deterioration and functional obsolescence, both of which are inherent in the property." External obsolescence is typically incurable. I I t coLLirzs CI associates Inc- I 20 COST APPROACH (Continued) Depreciation - Subject Property Physical Deterioration - Physical deterioration was based upon an analysis of the physical condition of the subject improvements with consideration given to the physical deterioration caused by the wear of the elements and use. The actual age of the improvement is 35 to 40 years, with an effective age of 15 years; physical life expectancy is 40 years; therefore, 15/40 = 37.5%. Deferred Maintenance - The property is well maintained, as previously stated. We have no estimated cost to cure. L Functional Obsolescence - I have not estimated any functional obsolescence applicable to the subject improvements. The subject building improvements are highly functional. • I I \\ coLLtns a associates Inc. 21 L, COST APPROACH SUMMARY Estimated Improvement Replacement Cost Total Buildings: 41,008 sq.ft. @ $81.86/sq.ft. = $3,356,900 Less Estimated Depreciation: Physical Deterioration (37.5%) Deferred Maintenance NONE Functional Obsolescence NONE Total Estimated Depreciation (37.5%) $1,258.800 Depredated Value of Improvements - $2,098,100 Add: Furniture/fixtures - 161 rooms @ $1,250/room = $ 200,000 Add: Depreciated Value of Site Improvements 25.000 Total Value, Building and Site Improvements $2,323,100 Add: Land Value As previously estimated, $1,190,000 Total $3,513,100 VALUE ESTIMATED BY COST APPROACH (R). . . . . . . . . . . . . . . . $3,500,000 conins a associates Inc. K 22 L. SALES COMPARISON APPROACH The Sales Comparison Approach is an appraisal technique by which a market value indication is derived by comparing the subject property to current, comparable sales and offerings relative to their respective espective prices. This approach reflects the Market Value of a property based upon the actions of typical buyers and sellers in the market and exemplifies the principle of substitution. The principle of substitution is defined as follows: "The principle of substitution affirms that the maximum value of a property tends to be set by the cost of acquisition of an equally desirable and valuable substitute property, assuming no costly delay is encountered in making the substitution." Variations in comparable properties are analyzed, quantified and adjusted to more closely reflect the features of the subject property. The adjusted values are then correlated to obtain a simulated value of the subject property. The reliability of this technique is dependent upon: 1. The availability of sales data. 2. The degree of comparability of each property with the subject property. 3. Reliability of sales data. 4. Knowledge and adjustment of unusual conditions effecting price or terms of sale. • We have reviewed all the improved sales of similar improved properties in the overall market area in the past few years and have selected the following as being the most comparable to the subject and will be used as a basis of comparison in estimating the value by the Sales Comparison Approach. caL Lirls tX associates lac 23 SALES COMPARISON APPROACH (Continued) I - Improved Sale #1 l Location: 4605 N. Harlem Ave., Norridge PIN: 13-18-120-001 Building Size: 26 rooms Land Area: 13,697 sq.ft. I Description: 2 story motel Sale Date: April, 1995 Source: Land Sales Resources Sale Price: $835,000 Unit Sale Price: $32,115/room IComment: 30 years old, no restaurant, 24 parking spy. I a ' I I + 1 \• \� � ` '' E i. - — ii 1 iir coLLlus a associates Inc. Aass 24 SALES COMPARISON APPROACH (Continued) Improved Sale #2 Location: 9424 Waukegan Road, Morton Grove PIN: 10-18-112-018; -019 Building Size: 53 rooms Land Area: 25,000 sq.ft. Description: 2 story motel Sale Date: December, 1995 Source: Land Sales Resources Sale Price: $1,700,000 Unit Sale Price: $32,075/room Comment: 33 years old, small tavern a tenant in the motel, 34 parking spaces. • 11r Tv '? - ,C _ r c oL: rpm a cssoclutes fnc. . r . 25 gis-ALES COMPARISON APPROACH (Continued) Improved Sale #3 Location: 9110 Waukegan Road, Morton Grove PIN: 10-18-309-041 • Building Size: 40 rooms Land Area: 37,651 sq.ft. Description: 2 story motel Sale Date: January, 1996 Source: Land Sales Resources Sale Price: $1,190,000 Unit Sale Price: $29,750/room Comment: 28 years old, 34 parking spaces. t ,• • - f / i 26 �. SALES COMPARISON APPROACH (Continued) Improved Sale #4 Location: 528 W. Brompton Place, Chicago PIN: 14-21-111-006 Building Size: 30 rooms Land Area: 86,405 sq.ft. Description: 3 story motel Sale Date: April, 1993 Source: Land Sales Resources Sale Price: $800,000 Unit Sale Price: $26,666 Comment: 3 story motel, 70 years old, no on-site parking. a fie ` a � I L- • 4 • ii.' i ��� - f =. kn.; kAin Sik t ui 1.I. (: Ussoctates IQC. 27 SALES COMPARISON APPROACH (Continued) ' Summary of Improved Sales - The sales are summarized as follows: Sale Location ; Rooms Price/Room 1 Norridge 26 $32,115 2 Morton Grove 53 $32,075 3 Morton Grove 40 $29,750 4 Chicago 30 $26,666 Subject Morton Grove 161 Analysis of Improved Sales - The preceding improved sales have been selected on the basis of their relatively recent sale dates, proximity and similar physical characteristics. On an unadjusted basis, their unit prices range between $26,666 and $32,115 per room. We have compared the differences between the comparable properties and the subject property that influence value. Adjustments for differences have been made on the following elements of comparison: 1) Real property rights conveyed. 2) Financing terms. 3) Conditions of sale. 4) Date of safe. 5) Location. 6) Physical characteristics. 7) Furniture, Fixtures and equipment. An upward adjustment is made on a comparable when it has a feature that is considered inferior to the subject or if the property size is larger than the subject. A downward c oLtins cr assoc iaY.es Inc 28 L, SALES COMPARISON APPROACH (Continued) 1 adjustment is made on the comparable if it has a feature that is considered superior to the 1 subject or if the property size is smaller. Adjustments are expressed as a percentage, applied to the sale price per hotel room. Adjustments for the real property rights conveyed reflect the different income generating potential of a property encumbered with leases and an unencumbered property. Financing term adjustments reflect the extent by which a comparables sale price may have been affected by any special or creative financing or sales concessions. Adjustments for conditions of sale reflect the motivations of buyers or sellers in sales that are not arm's length transactions or any unusual conditions that may have affected the price of an arm's length sale. Date of sale adjustments account for changes in market conditions between the date of the appraisal and the sale dates of the comparables. Location adjustments reflect variances in demand, between the subject and the comparables, due to differences in the neighborhoods or environments, access, view and other locational characteristics. Adjustments for physical characteristics account for differences in the lot size, land to building ratio, zoning, the quality and condition of the improvements, age, design and appeal, functional utility and the amenities provided. Building size adjustments are made because larger buildings typically require a greater `,, investment, for which there are fewer potential buyers. Accordingly, there is usually a greater market for smaller buildings. c oLLtns cr associates Inc. 2 29 it SALES COMPARISON APPROACH (Continued) ;: li The above factors have been considered in my comparison of the sales to the subject. 1 it Giving greatest weight to Sale Nos. 2 and 3, each being newer than the subject, it is my 11 opinion that the value of the subject falls within a range of $25,000 to $30,000 per room, say $27,500 per room. 161 rooms @ $27,500/room = $4,427,500 ESTIMATE OF VALUE VIA SALES COMPARISON APPROACH $4,427,500 coLLins a associates inc. 30 INCOME CAPITALIZATION APPROACH The Income Capitalization Approach is an appraisal technique in which the anticipated net income is processed to indicate the capital amount of the investment which produces the net income. The reliability of this technique is dependent upon four conditions, namely: 1. The reasonableness of the estimate of the anticipated net annual income. 2. The duration of the net annual income, usually indicated by the economic life of the improvements. 3. The capitalization rate. 4. The method used to convert the income to a capitalized value. The basic steps involved in the application of this approach are as follows: 1. Estimate the gross income. 2. Estimate a vacancy and collection loss allowance. 3. Estimate the expenses. 4. Summarize the above estimates into a projection of net operating income. 5. Capitalize the net operating income into a value estimate through the use of one or more appropriate capitalization techniques. The above steps are fully discussed and analyzed in the following pages. coLLias Cc associates Inc. / \ 1 31 INCOME CAPITALIZATION APPROACH (Continued) Current Status of the Property - The subject hotel has enjoyed good occupancy levels in the range of 50%. The current room rates are attached. Assuming full occupancy for the year, at an average of $30/room, the � , gross income is calculated at $1,762,950 (161 rooms x $30/room). Market Analysis - In order to determine if the subject is operating within market norms, we have surveyed the area for hotel rates and occupancy levels and have summarized the data as follows: Comparable No. 1 Best Western Morton Grove 9424 Waukegan Road Morton Grove, Illinois. This sale property reported a gross income based on an average of$50/room (x 53 rooms) and an average occupancy rate of 45% - $435,260 subject to a 55% expense ratio. This indicates an overall capitalization rate of 11.5%. $435,160 x 45% (net income) = $195,867 net income $195,867 _ $1,700,000 (sale price) = 11.5% Overall Rate 1 1 1 i / J I 32 INCOME CAPITALIZATION APPROACH (Continued) Comparable No. 2 Grove Motel 9110 Waukegan Road Morton Grove, Illinois This sale property reported a gross income based on an average of$40/room (40 rooms) - $584,000 subject to an estimated 50% occupancy ratio and a 55% expense ratio. This indicates an overall rate of 11.4%. $584,000 x 50% (net income) = $292,000 55% expense ratio $160.600 Net Income $131,400 $131,400 _ $1,190,000 = 11.04% Overall Rate The Admiral Oasis Motel tax return for 1995 shows a gross income of$861,348 based on an average of $30.00/room at full occupancy. The actual gross indicates an expense ratio of 51%. • rG0'+` $30.00 x 161 x 365 = $1,762,950 .f¢r Actual 1995 gross - $861,348 Expenses $901,602 (51%) Based on the formula expressed in the motels located within 2 blocks of the subject the value via the Capitalization of net income follows: $861,348 x 49% = $422,060 Net Income — Capitalization Rate = Value $422,060 10.5% $4,019,619 VALUE VIA INCOME APPROACH $4,000,000 ` \ coLLins Cr associates inc. . 33 �, INCOME CAPITALIZATION APPROACH (Continued) Derivation of Overall Capitalization Rate - The band of investment method considers both the cost of debt service and the investment yield, based on risk, required by prudent real estate investors in the market. It is computed by determining both rate components and applying them in weighted average amount. Mortgage funds for this property type are generally available for 75% of value at an interest rate of 9.25% amortized over a 25 year term. This shows an annual constant of 10.28% for the mortgage component of the Capitalization Rate. The equity return is a synthesis of various yields in today's investment market: money market funds, treasury bills, Certificates of Deposit, municipal bonds, and other investment vehicles. The equity yield required of this investment is between 10% and 12%, say 11%. A summary of these factors is as follows: Rate Type Rate Percentage Rate Constant Product Mortgage Rate 75% .1028 .077 Equity Rate 25% .11 .027 Overall Rate .104 Rounded 10.5% � t c oLLins cY associates Inc. 34 CORRELATION AND FINAL ESTIMATE OF VALUE The subject property was analyzed by the Cost, Sales Comparison and Income Capitalization Approaches to value. Comparison of the indicated values arrived at in each approach resulted in the following range in value for the subject property: Cost Approach $3,500,000 Sales Comparison Approach $4,427,500 Income Capitalization Approach $4,000,000 The Cost Approach reflects the value of the subject property based upon an analysis of the current reproduction costs of the subject improvements, less the accrued depredation and obsolescence, plus the market value of the site as if vacant. This approach to value provides `.. an excellent method of estimating the value of a newly constructed property. However, in properties such as the subject, this approach is commonly not considered to be as accurate a measure of the market value due to the difficulties inherent in accurately estimating such factors as accrued physical depreciation, functional obsolescence, external obsolescence and remaining economic life of the improvements. Properties of this type are not normally purchased or sold in the market based upon their estimated depreciated costs. The Sales Comparison Approach reflects the value of the subject property, based upon an analysis of current sales of similarly improved properties and reflects the actions of buyers and sellers of comparable properties in the market. Several recent sales of similar properties located in the comparable locations were researched and verified. Each sale was compared to the subject with consideration given to the variances between the subject and c oLLins n ❑ssoctotes Inc. I)I 35 CORRELATION (Continued) the sale properties. Since this approach reflects the actions of buyers and sellers in the market for similar properties, the Sales Comparison Approach is considered to be the most reliable indication of value. The Income Capitalization Approach reflects the value of the subject property, based upon its income producing capabilities, with consideration given to current investment requirements. Based on our analysis of the subject property by the aforementioned approaches to value, together with our experience and knowledge of the market, it is our opinion that the Market Value of the subject property, at its highest and best use, as of March 2, 1996 was FOUR MILLION FOUR HUNDRED TWENTY SEVEN THOUSAND FIVE HUNDRED DOLLARS ($4,427,500) N coLLtas a associates Inc. 36 CERTIFICATE PROPERTY LOCATION: The Admiral Oasis Motel, 9353 Waukegan Rd., Morton Grove, IL. DATE OF VALUATION: October 1, 1996 VALUATION: $4,427,500 The undersigned, representing THOMAS M. COLLINS & ASSOCIATES, INC., do hereby certify that to the best of our knowledge and belief: • FIRST: The statements of fact contained in this appraisal report, upon which the analysis, opinions, and conclusions expressed herein are based, are true and correct. SECOND: The reported analyses, opinions, conclusions, and values are limited by the reported assumptions and limiting conditions, and represent the personal, professional analyses, opinions, and conclusions of THOMAS M. COLLINS AND ASSOCIATES, INC. THIRD: We have no present or prospective interest in the property that is the subject of this appraisal report, nor any bias towards any of the parties involved. FOURTH: Our compensation is not contingent on an action or event resulting from the analysis, or opinions, or conclusions in, or the use of, this appraisal report, and the sole compensation for our employment is a professional fee. F IEI'H: Our analysis, opinions, conclusions, and values were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute. SIXTH: The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. SEVENTH: The following persons from among the undersigned have made a personal inspection of the property that is the subject of this appraisal report on the date(s) indicated: Thomas M. Collins on August 28, 1996 EIGHTH: No one other than the undersigned provided significant professional assistance in the preparation of this appraisal report. NINTH: Our compensation is not contingent on an action or event resulting from the analyses, opinions or conclusions in, or the use of, this report, and the appraisal was not based on a requested minimum valuation, a specified valuation, or the approval of a loan. IN WITNESS WHEREOF, THE UNDERSIGNED has caused these statements to be signed and attested to on November 20, 1996. i 'i Tho as M. Collins, MAI, SREA `-- Certificate #153-000670 f j c c>Ltins cT nstiC>cinicas vx. „•;,,•;"‘- ` -an e, O I � I 1 II ,An FECS ,., i/5-e/ /-018 j 1 ,41.01 s/se ,'i PtLt.3 4'ei e n r.f/ 2-0/9 • /3 'I- "M” -002 '^'s "M" . . ^(y, I o u //2-04 •� 3-020• I • 0 El /s, ■ .. 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'. ...,,,,„ , : ,. .:ittoi-:,, ...v9v,;.1:.-i-,051,i! ,.;•.-rg;: • ..., z: g .., ...1•51--.7-a:41•44-,,_'-'1.1:14(4, --e,'-??'"•:"•t•L''•"' ' --- ••.:- -•-•h....- . •• :ae e •• s''., ,ir••••4";e-kr-aaf e7C-1 %-=t11`4.17.C-t• t.4- • :., .-- -- - - • ' 4 ,a - 4.".;CS;C%C,4"A":-..:t.t:. '--:.4,,r5; ^14::: :-.11:_ if 4 - : -.. • • :Cr) .:. ; ■ . . :".:17 -: ,:::::::. LirT-i a:-...:VIC"..04,,,:471 1-kr,;;;;;01 .1.• .. , DEC.18.1996 2:16PM FIGLIULO&SILVERMAN NO.423 P.1/8 Law Orrlces FIGLIULO & SILVERMAN A PROFESSIONAL CORPORATION TEN SOUTH LASALLE STREET SUITE 3620 CHICAGO, ILLINOIS 60603 TELEPHONE (3 I 2) 25 I -4600 FACSIMILE (312) 251-4610 FACSIMILE COVER SHEET This facsimile contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the Addressee(s) named below. If you are not the intended recipient of this facsimile,or the employee or agent responsibl e for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this facsimile in error, please immediately notify us by telephone and return the original facsimile to us at the above address via the U.S. Postal Service. Thank you. DATE: co D 2 - I - 1 NUMBER OF PAGES 0 , TO: L arr.( /'n t"�/ COMPANY: v I \ kA)._ FAX NUMBER: %41 – G 5 J �1 I G Z FROM: C-00( \ S G h E_ MESSAGE: • If there are any problems with this transmission, please call 312/251-4600. yp The Original Of This Transmission Will Be Sent By U.S. MAIL MESSENGER OVERNIGHT MAIL THIS IS THE ONLY COPY YOU WILL RECEIVE - - DEC.18.1996 2:16PM FIGLIULO&SILVERMRN NO.423 P.2!_ 8 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION THE VILLAGE OF MORTON GROVE, ) a home rule unit of government and Municipal Corporation, ) Plaintiff, ) ) vs. ) No. 96 L 051208 ) OAK BROOK BANK, as Trustee under ) Calendar A Trustee under Trust Agreement dated) Condemnation January 19, 1988 and known as ) Trust No. 2068, OAK BROOK BANK as ) Mortgagee, and UNKNOWN OWNERS, ) Defendants. ) FIRST REQUEST FOR PRODUCTION To: Carl A. Gigante Special Attorney Figliulo & Silverman, P.C. 10 South LaSalle Street Suite 3620 Chicago, Illinois 60603 NOW COMES the Defendant/Owner herein by CALVERT J. GORDON, its attorney, and pursuant to Illinois Supreme Court Rule 214, propounds the following Request for Production to the Plaintiff to be answered by producing the following documents for inspection and/or reproduction at the law offices of CALVERT J. GORDON, 30 North LaSalle Street, Suite 2024, Chicago, Illinois 60602 , within twenty-eight (28) days hereof and prior to any hearing on the Traverse and Motion to Dismiss filed hereby by Defendant. -1- ' I r'DEC.18.1996 2:16PM . FIGLILLO&SILVERPW NO.423 P.3/8 DUI:N=1CM Mc r TTstrnaNs 1. whaever p o xiar te, the steles foam of a Word s1r=d be interp tted es plural. " 2. "Aar as well as "dr" shall be arstrhied either drs'jLn.-Uvely or oar jtiay. ively, as necessary, to bring within the save of this Request for prS.ic ico any o 'ts shish might otherwise be cyst wed to be outside its sue. 3. With respect to any document ' 'rth yeti withhold an any claim of privilege, you should provide a stetene t signed by an attorney representiOg you ratting forth as to each occupant: a. The rae(s) of It* sender(s) of the document; b. The rate(s) of the authors) of the dxlmw.nt; e. The nane(s) ,of all perssss to wham copies or =crazies a sent or otherwise disclosed; • d. The job title and last ) •aes business and residerta address of every ;exam identified in (a), (b) and (c) abate; e. The data of the doan+azt; f. A brief desc iplias of the nature, format and subject matter of each doane t; g. The data at wtieh said doasent, or any copy or weary thereof, was delivered you counsel of record; and h. The privileges which es document is withheld. 4. In producing the dooments requested herein, you should indicate the specific request(s) to Wtiich each ddame7it or g=up of docxents•is psoduced. Yas struld produce the ru uetted cborents as 2 • . I DEC.1B.1996 2:16PM FIGLIULO&SILVERMRN N0.423 P.4/B they are kept in the usual tonne of trsi1°ss or organized and labeled to correspond with The categsries in this request. the generality of 5. "Person" means and 3.�c1ude5, without lisait:i3 its mewing, every natural person, ouperate entity, partnersh4, association, governmental body or egercy. 6. "Dcaaler t" news and includes any copy or summary of any droment that is rot identical to the original n!, without limiting the generality of its mom, all retrievable information in computer storage in prints loan: telegrams; repots; invoices: bills; contracts; . market sbndies and reports; bong reoczrs; mivastes: letters; papers; charts; tc ypts; sdta'texts; interviews; files; graphs; indices; ; data sheets; data p=cessing cards or readable pcei interpretations thereof; data processing Imp= or readable c rputer produced interpretations thereof; mecoerda; aTvey; studies; speeches: policy statements; Il �t ' microfilms; tape T eo rd1 ns; periodicals and wozisitg papers in your possession or ccri=or or in the possession or control of yas agents, employees or attorneys wherever located. 7.. "Casmt nieation" means and irrludes any method. for transmitting wards, information or thought tither orally or in writing regardless of how delivered. • 8. "Ae ,tee+" means or refers to any portion of property belorgirr3 legally or equitably to any of the Defendants which is adjacent orornioLguous to the subject P*vpertY (as h�eina±ter defined) cr is so inseparably acted in a that the tay= cf +.2ne subject Vii' will necessarily and permanently injure such adjacent, contiguous or inseparably connected property. City of Chicago v., Equitable Life Assurance Society, 8 3 11.2d 341, 134 N.E. 2d 296 (1956). • 'DEC.18.1996 2:17PM FIGLIILO&SILVERMRN NO.423 P.5/8 9 . "Subject Property" means the real property legally described in the Complaint in this cause and which Plaintiff seeks to acquire by Condemnation. 10. Defendant shall furnish an affidavit under oath in accordance with Illinois Supreme Court Rule 214, stating whether the production is complete in accordance with the request. REQUESTS 1 . Minutes and transcripts of all Plaintiff Village board meetings relating to the Redevelopment Project Area (the RPA) including, but not limited to, open and closed sessions and open and closed hearings . 2 . Minutes, transcripts, memos of all staff meetings, including inter-office memos, staff reports, committee meetings minutes and reports relating to the RPA, including communications of all Village employees and agents. 3. All correspondence, minutes of meetings, memos, telephone memos, faxes, contracts, agreements, understandings, submissions and writings of any and all kinds between the Plaintiff Village board, Village officials and staff, Village attorney or agents and future developers or prospective developers, purchasers or users of lands or properties within the RPA. 4 . All correspondence, communications, drafts, comments, minutes of all meetings, memorandums, reports of Village staff, attorneys or consultants in any way relating to the passage or implementation of authority granted under the Real Property Tax Increment Allocation Redevelopment Act 65 ILCS 5/11-74 . 1 et seq. • I -4- , - -DEC.18.1996 2:17PM FIGLIULO&SILVERMHN NO.423 P.6/8 5 . All correspondence, communications, drafts, comments , minutes of all meetings, memorandums, reports of Village staff, attorneys or consultants in any way relating to the consideration, adoption, passage or implementation or non-implementation of the Industrial Project Revenue Bond Act 65 ILCS 5/11-74 . 1 et seq. 6 . Any and all documents which record, reflect or relate to, in whole or in part, any other real estate in the RPA similar or comparable to Defendant's property which are presently used as hotels or motels in the RPA including appraisals , correspondence, memorandums, staff reports, inspection and police reports, communications, contracts, letters or faxes concerning same. 7 . Any and all documents which record, reflect or relate to, in whole or in part, any other real estate in the RPA similar or comparable to Defendant's property presently used as hotels or motels in the RPA including appraisals, correspondence, memorandums, staff reports, communications, contracts, letters or faxes concerning said other hotels or motels with developers, prospective developers or potential future users of said properties . li 8 . List all properties in the Redevelopment Project Area for which complaints to condemn have been filed. 9 . Any and all newspaper articles or published reports related to or concerning the Redevelopment Project Area including all interviews with Village officials or personnel. 10 . All land use studies pertaining to the RPA including all plans for future use of lands within the RPA including proposed -5- -"DEC.18.1996 2:17PM FIGLIULO&SILVER N0.423 P.7/8 plans, whether approved or not, submitted by staff, consultants or developers or prospective developers and all communications relating thereto. 11. Any and all computations, appraisals or other documents relating to the fair market value of the Defendant's property. 12 . Any and all contracts, architectural plans, surveys or other documents which reflect or record, in whole or in part, the services of any land planner, architect, engineer, consultant or developer relating to all or any portion of Defendant' s property. 13 . Any and all documents which reflect or record or relate to any sale of real estate which opinion or valuation witness or appraiser deems similar to Defendant's property including appraiser project sales books or documents relating thereto. 14 . All reports of any opinion witnesses . OAK BROOK BANK, as Trustee under Trust Agreement dated January 19, 1988 and known as Trust No. 2068 • Sy: RT . GO its attorney • -6- .-.DEC.18.1996 2:18PM FIGLILLO&SILVERMRM NO.423 P.8/8 CERTIFICATE OF SERVICE, The undersigned attorney hereby certifies that he served the attached First Request for Production on Plaintiff's counsel, Carl A. Gigante, by placing same in the United States Mail Box at 30 North LaSalle Street, Chicago, Illinois 60602, First Class Mail, postage pre-paid, on pet L• i f QC. T J. GO .CALVERT J. GORDON 30 North LaSalle Street Suite 2024 . Chicago, Illinois 60602 (312) 726-3700 Attorney Code: 03970 • \ ' -7- FEB.10.1997 5:11PM FIGLIULO&SILVERMAN NO.128 P.1/2 ., 1 LAW OFFICES FIGLIULO & SILVERMAN A PROFESSIONAL CORPORATION TEN SOUTH LASALLE STREET Suite 3620 CHICAGO, ILLINOIS 60603 TELEPHONE (3 1 2) 251-4500 FACSIMILE (3 12) 251 -4610 FACSIMILE COVER SHEET This facsimile contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the Addressee(s) named below. If you are not the intended recipient of this facsimile, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile is strictly prohibited. If you have received this facsimile in error, please immediately notify us by telephone and return the original facsimile to us at the above address via the U.S. Postal Service. Thank you. DATE: )O i 1917 NUMBER OF PAGES a TO: 1EAP2Y ARi=i COMPANY: V Ma FAX NUMBER: 241- 'y 16a' • FROM: mARC S, Parr 2 MESSAGE: . Ann 124L OAS// S If there are any problems with this transmission, please call 312/251-4600. The Original Of This Transmission Will Be Sent By U.S. MAIL MESSENGER OVERNIGHT MAIL THIS IS THE ONLY COPY YOU WILL RECEIVE FEB.10. 5:11 PM FIGLIILO&SILVERMRN NO.12B P.2/2 LAW OFFICES FIGLIULO & SILVERMAN A PROFESSIONAL CORPORATOR v,. TEN SOUTH LASALLE STREET Sum 3820 CHICAGO, ILLINOIS 60603 TELEPHONE (3 1 2) 251-4800 FACSIMILE (3 1 2) 25 1-46 I 0 MARC S.PORTER (312)251-5272 February 10, 1997 Calvert 1. Gordon 30 N. LaSalle Street Suite 2024 Chicago, Illinois 60606 In re: Village of Morton Grove vs. Oak Brook Bank Trust#2068 96 L 51208 Dear Mr. Gordon: Plaintiff's Response to Defendant's First Request for Production was served on your office on - January 23, 1997. Please contact our office to schedule a time and date for your inspection and copying of the documents set forth in our response. As you know,these documents will be made available to you at the Village of Morton Grove offices at 6101 Capulina Avenue,Morton Grove,tllinois. Please contact us as soon as possible so that we can keep this case on schedule with the case management order. `Tti rr ') yo� /aht `r, Marc S. Porter cc: Larry Arft,Village Administrator Gabriel S. Berrafato,Village Attorney I GiA 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 r MAY 7 1998 May 5, 1997 THIS LETTER SENT VIA FAX (312 726 4644) and REGULAR MAIL _________________ Calvert J. Gordon Attorney at Law 30 N. Lasalle - #2024 Chicago, IL 60602 In re: Village of Morton Grove v. Admiral Oasis Motel No. 96 L 51208 Dear Mr. Gordon: The Village is in receipt of your letter dated April 24, 1998, concerning the possible negotiated settlement of the above- \-- referenced property. The President and Board of Trustees have met in an executive session and in response to your good-faith letter offering a negotiated settlement, have authorized my office to make the following offer: The Village hereby offers the sum of $3,250,000.00 on the basis that it be a negotiated settlement with the following conditions: A. This offer must be accepted on or before fifteen (15) working days from the receipt of this letter. B. The immediate dismissal of appeal, and entry of a judgment order including condition C, or as agreed. C. The owner must arrange the vacating of the premises and relocate, or take all necessary steps to properly relocate all permanent or semi-permanent residents of the Admiral Oasis, so that at closing, the Village would receive the property, as unoccupied, including the buildings and all improvements thereon, interests in streets and alleys, if any, and free and clear of all taxes, special assessments, liens, or encumbrances or claims of any kind. Also, that all taxes be reprorated based on the actual tax bills, through the date of closing. Law Offices of Gabriel S. Berrafato ad Associates If these conditions are not agreed to or accepted within the above time limitations, then, any and all offers, or prior offers, are - and will be withdrawn at that time. This offer shall be ho1 a in strict confidence and is not to be disclosed to the media, the public or others. - truly yours, Ade ABRIEL S. BERRAF• • corporation Couns cc: President and Vi Ize Board of Trust= -s� Larry N. Arft, Vi age Administrator ✓ Carl Gigante, Figliulo & Silverman, P.C. - 2 - Law Offices of Gabriel S. Berrafato & Associates 8720 Ferris Avenue Morton Grove,Illinois 60053-2843 Telephone(847)965-2233 Facsimile(847)967-2.388 Gabriel S. Berrafato Marc S.Porter,of Counsel June 1, 1997 THIS LETTER SENT VIA FAX (312 726 4644) and REGULAR NAIL Calvert J. Gordon Attorney at Law 30 N. Lasalle - #2024 Chicago, IL 60602 In re: Village of Morton Grove v. Del Hewitt, Manager/Agent, Trust No. 2068 - Oak Brook Bank Citation Nos: LO 629-693 Continued for status until June 5, 1998 Dear Mr. Gordon: Pursuant to our discussions concerning the Village's offer to you and your client along with our subsequent agreement that all would be continued for response through June 5, 1998, the above- referenced Housing Court matter will be continued to the next date which, because of the 4th of July holiday, will be set for August 7, 1998 . However, in view of the long continuance and delay concerning the Housing Court matter, the Village must have some assurance of life- safety code compliance, particularly regarding the residents and occupants of the Admiral buildings. We are still awaiting the inspection of the buildings, which I will oversee in the immediate future. Please advise the manager, Del Hewitt, regarding this arrangement. Law Offices of • Gabriel S. Berrafato & Associates June 1, 1998 page 2 If there are no other problems or questions, please get back to me no later than June 5, 1998, on the settlement offer, as well as discussing the code compliance with my office. Very truly yours, L.. II 1 $RIEL). BERRAFATO cc: Larry N. Arft, Village Administrator, (by fax) / Carl Gigante, Figliulo & Silverman, P.C. , (by fax) Michael N. Weides, Deputy Fire Marshall, (by fax) Ms. Barbara Mangler (prosecutor) (by fax 847-367-1718) - 2 - to Village of c Morton grove Office of the Corporation Counsel Direct Telephone 847/965-2233 Direct Fax 847/967-2388 August 12 , 1997 Calvert J. Gordon Attorney at Law 30 N. Lasalle #2024 Chicago, IL 60602 In re: Village of Morton Grove v. Del Hewitt, Manager/Agent, Trust No. 2068 - Oak Brook Bank Citation Nos: LO 629-692 and 693 Dear Mr. Gordon: I am in receipt of your correspondence dated August 8, 1997, concerning the above case. Please be advised that at the request of Mr. Gigante, we did continue the Citations from June 6, 1997 to August 1, 1997, which is a total of sixty (60) days. We informed Mr. Gigante regarding the continuance, and Mr. Gigante informs our office that you were informed of the continuance and date which was August 1, 1997. Accordingly, an ex-party judgment was entered on that date for a total amount of $1,000. 00 and our office then entered a Motion to Vacate which has been set for September 5, 1997. Please file your Appearance and be prepared to defend the Citations on Friday, September 5, 1997, in the Circuit Court of Cook County, Skokie Division, at 1: 30 p.m. in Court Room L. If you have any problem or questions, please call. Very truly yours, GABRIEL S. BERRAFATO Corporation Counsel cc: Mike Weides, Deputy Fire Marshall Larry N. Arft, Village Administrator Carl Gigante Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 of Tel: (847) 965-4100 • TDD (847) 470-5249 • Fax: (847) 965-4162 `, Recccled Paper 1,:,i . Village of cNViorton grove :5 L Office of the Village Administrator August 13, 1997 Mr. Carl Gigante Foran and Schultz 30 N. LaSalle Street, Suite 3000 Chicago, Illinois 60602 RE: Condemnation Regarding Admiral Oasis Motel Dear Carl: Please find attached, copies of correspondence I received from both the Walgreen Corporation \—, and the Taxman Corporation regarding the need to move expeditiously with the conclusion of litigation and acquisition of title to the Admiral Oasis property. I have also attached my responses to that correspondence for your information. I felt the original letters from The Taxman Corporation and from Walgreens may be of some value to you in encouraging the judge to move this litigation along. As you can see, it is becoming very critical that we conclude this matter before the end of the year so we can get the site cleared and transfer title to the Taxman Corporation sometime during February or March of 1998. Please keep my office advised of your progress. 4/,, N. Arf1 V :ge Administrator LNA/mk attachment TifGigaz c6.let Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 III Tel: (847) 965-4100 • TDD (847) 470-5249 • Fax: (847) 965-4162 41.4, L9147- 41 Village of gMorton grove Office of the Corporation Counsel Direct Telephone 847/965-2233 Direct Far 847/967-2388 September 8, 1997 THIS LETTER SENT VIA FAX (312-726-4644) and REGULAR NAIL SEP 9 1997 Calvert J. Gordon Attorney at Law __ 30 N. Lasalle - #2024 Chicago, IL 60602 In re: Village of Morton Grove v. Del Hewitt, Manager/Agent, Trust No. 2068 - Oak Brook Bank Citation Nos: LO 629-692 and 693 Dear Mr. Gordon: This will confirm our pre-trial conference before Judge Orbach, on Friday September 5, 1997. The order was to continue the matter to October 3, 1997, on condition that all rooms at the Admiral Oasis would have a battery operated smoke detector properly functioning which would be maintained until confirmation on the jurisdictional issue of the condemnation action. In the interim, the Fire Department and their inspectors will examine and check the motel to see that the agreement has been satisfied. All other questions concerning the citations and motion would be extended to the future date on the basis of compliance with the agreement. It being understood that if compliance is not maintained, then the action on all matters would go forward. 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 `, Recycled Paper giat; Village of c%lorton grove ,s Office of the Corporation Counsel Direct Telephone 847/965-2233 Direct Fax 847/967-2388 page 2 September 8, 1997 Please contact my office as soon as possible, when you have confirmation of the presence of battery operated smoke detectors. Very truly yours, ■ GA:RIEL S. BERRAFATO / Co. •oration Counsel cc: Mike Weides, Deputy Fire Marshall (by fax) Larry N. Arft, Village Administrator (by fax) Carl Gigante (by fax) Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 ff• Tel: (847) 965-4100 • TDD (847) 470-5249 • Fax: (847) 965-4162 NNW Regvded Paper OCT-27-1997 19:27 MORTON GROVE LPIW CENTRE P.02 :',' - r Village of c5forton grove Office of the Corporation Counsel Direct Telephone 847/965-2233 Direct Fax 847/967-2388 October 5, 1997 THIS LETTER SENT VIA FAX (312 726 L64A) Calvert J. Gordon Attorney at Law 30 N. Lasalle - #2024 Chicago, IL 60602 in re: Village of Morton Grove v. Del Hewitt, Manager/Agent, Trust No. 2068 - Oak Brook Bank Citation Nos: LO 629-692 and 693 Dear Mr. Gordon: Just a short note to keep you advised on the facts developed to date, in as much as we have a hearing scheduled for November 7, 1997, which is Friday. Pursuant to your letter dated October 8, 1997, the village inspected Rooms 120, 122, and 126 and attempted to inspect other rentable rooms in the motel. At the time of inspection, the manager refused to allow entry into any of the other rooms other than the three rooms specified. The "good news" is that those three rooms had battery-operated smoke detectors, which under our pretrial agreement would be acceptable until confirmation on the jurisdictional issue of the condemnation action. The "bad news" is that the Village is concerned under the "life safety code" that the balance of the motel should have an approved smoke detection system which is the subject matter of the second complaint filed by the Village. Accordingly, although we would be willing to non-suit or dismiss Citation No. 692 , we still have a problem on Citation under No. 693 . Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 Ilt Tel: (847) 965-4100 • TDD (847) 470-5249 • Fax: (847) 965-4162 tm, Recycled r+y+cr OCT-27-1997 19 27 MORTON GROVE LAW CENTRE P.03 a - r `,; Village of c%forton grove ` C ' . Office of the Corporation Counsel Direct Telephone 847/965-2233 Direct Fax 847/987-2388 page 2 November 5, 1997 Please get back to me immediately to discuss this further, prior to our court hearing on Friday, at 1: 30 p.m. Very truly yours, Aiws 0 e -.AO •. / : •IEL S. BERRAFATO •∎ •oration Couns- cc: Mike Weides, Deputy ire Marshall (by fax) Larry N. Arft, Village Administrator (by fax) Carl Gigante (by fax) Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 CO el: (847) 965-4100 • TDD (847) 470-5249 • Fax: (847) 965-4162 C Raycicd Paper TIITCII P.P17 u�J 31 '97 11:03 T0-18479654162 FROM-KANE MCKENNA & ASSOCIATES,INC. T-171 P,02/02 F-783 KANE, MCKENNA AND ASSOCIATES, INC. 150 NORTH WACKER DRIVE SUITE 1600 CHICAGO, ILLINOIS 60606 (3121 444-1702 FAX NO.: (312) 4449052 October 30, 1997 Mr. Larry Arft Village Administrator Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053-2902 Dear Larry: We have been reviewing our files in cooperation with Carl Gigante in order to comply with the subpoena we received from the attorney for the Admiral Oasis. We also are prepared to provide testimony,depositions, and any other necessary actions as required to bring this matter to closure- all under Carl's direction. We do,in these situations,involve our own Corporate Attorney for independent advice to the firm. Out attorney, Jim Wolf, has met with Carl and has been in agreement with approaches suggested. We view any fees incurred by our attorney as'pass through?'to accomplish the Village's goals. Although this is not specifically spelled out in our longstanding agreement with the Village, I think it is implicit in our understandings. I would like to confirm that the Village has no problem with thisiarrsagement. Si `thilfla. McKenna Presides Acknowl-• 2,1991, eget Larry Tr :ge Administrator Villa: • •rton Grove cc: Carl Gigante Jim Wolf Leslie Murphy ajrnorgr.ack 103097 10/31/97 13:59 084_7 965-its, ----_------ VI L. OF M.G. Z001 7671 Date, eja Post-it®Fax Note eaaassass:s:s REPORT sas i' :assssasssass coJDept Plane M 5552 CONNECTION TEL 13124449052 CONNECTION ID START TIME 10/31 13:58 USAGE TIME 00'44 PAGES 1 RESULT OK tr / '' Village of c Morton grove Office of the Village Administrator MEMORANDUM i TO: Village Pr .r., t u d Board of Trustees FROM: Larry N. •ill :e Administrator CC: Gabriel B :T., Corporation Counsel Carl Giganti, Special Counsel Jim Figliulo, Special Counsel DATE: December 4, 1997 RE: Current State of Litigation to Acquire the Admiral Oasis Motel Through Condemnation CONFIDENTIAL Trustees, I believe, are aware we have been in court on three different days so far to provide testimony and hear arguments regarding preliminary motions filed by defense(Admiral Oasis) counsel to dismiss the Village's proceeding. Three issues were raised by defense counsel and I believe we have provided adequate testimony and supporting arguments to deal with all three. Unfortunately, the judge is still not prepared to issue any rulings and has asked both counsels to prepare brief sum„marizations of their positions on the three motions which he will then study and from that make a determination. On Wednesday evening, we were in court from 4:00 p.m. to 6:30 p.m. with the last fifteen minutes of that time listening primarily to the judge talk about his crowded schedule and his inability to deal with this case on any kind of an expeditious schedule regardless of the fact the Village was awarded "quick-take" powers in order to expedite this process. Carl Gigante was in court again on Thursday trying to firm-up a schedule to hear this case. The "quick-take" hearings originally scheduled for Monday and Tuesday, December 8 and 9 have been rescheduled to March 3 and 4, 1998. The judge appears to be fair minded and obviously has knowledge of the law. Unfortunately, he is not well organized and has a very heavy case load. These factors combine to make it very difficult to pursue this case through the circuit court. I must compliment the judge however for being willing to hear our witness and remain in chambers until 6:30 p.m. which I think most Trustees know is unprecedented for most circuit court judges. Unfortunately, good intentions �.. will not achieve our goal. 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 J What then is the Village to do if this project is to succeed? I will preface my discussion of the alternatives available to us at this point in time with a general comment: I believe it is very important that we exercise every available option to make this project a success. There is still overwhelming support for this redevelopment among the community and, in my opinion, our failure to follow through with the ultimate acquisition and redevelopment of the site will have significant consequences for us as Village Officials calling into question our abililty,and willingness to follow-thru with a difficult and time consuming set of tactics in order to achieve a desirable goal. I believe our failure will also have a debilitating, possibly critical impact on the TIF District itself since local property owners and businesses will obviously lose confidence in the Village and our credibility will be substantially diminished. Having made that general observation, I do believe there are several potential options with regard to how the Board may proceed with this project. Those options include: 1. Despite my previous comments, it would be possible at this time to terminate this project and to concentrate on other TIF and non-TIF economic development efforts. We continue to receive very positive news regarding the "B" site and hope to be moving forward with acquisition of those properties shortly after the conclusion of the holiday season. Trustees are aware we are preparing to begin preparation of the Master Plan and have other activities underway in various Village neighborhoods. Abandonment of this project at this time, of course, will carry a significant dollar cost since we will have to reimburse the developer for all expenses to date. I have already described some of my concerns about how the community may react to our abandonment of the project and I believe there will be repercussions which probably will not be limited to TIF District activities in terms of the Village's loss of credibility and prestige. Consequently, I do not believe this is a viable option and hope Trustees will not seriously consider abandonment of the project at this time. 2. Both Mr. Gore and his attorney have sent very strong signals indicating they are willing to sit with the Village and negotiate for the sale of this property. Both of these gentlemen are very astute and obviously know the Admiral Oasis property has continued to deteriorate; that it would cost millions of dollars to bring this property back up to code standard; and that the TIF District affords them the opportunity to cash out of a substandard property with a nice profit. Obviously, the Village's initial offer of slightly more than $2 million will not be sufficient to induce a negotiated settlement. Since we have never sat down and did sonic hard bargaining, it is difficult to know whether or not we could ever agree upon a price that would be acceptable to the Village. Clearly, we are not in a position to pay substantially above the market value for any property although it is standard practice in the real estate market to pay a premium in order to obtain a desired property particularly when you do not have a willing seller. Clearly, defense counsel is aware that many of his motions are without merit, yet having an indecisive judge who is unwilling to deal with these things in an expeditious manner plays directly into this strategy and defense counsel has been very successful at stalling this litigation almost indefinitely. It is now my belief that our most realistic hope for acquiring this property anytime in the foreseeable future would be through a negotiated settlement which will obviously cost the Village some sum of money above the S2 million included in the original appraisal report. Trustees need to give some thought to that number since there are constraints on how much we can pay for the site. Even though most residents would like to see the property gone, we may also have a community relations or "political limit" on what the residents would accept as a reasonable payment to acquire the property even though most people would understand that in order to induce an unwilling seller, we may have to pay some premium above appraised value. I would ask that Trustees give some thought to what dollar amount you could live with in a negotiated settlement, keeping in mind there is some value to the Village in acquiring the property immediately and of equal importance having a negotiated settlement whereby the current owner closes his operation and vacates his property before the Village takes ownership. I will report at Monday night's Executive Session on a whole other set of problems in dealing with the residents of this facility which the Village is likely to inherit if this case runs its course resulting in the imposition of a court ordered settlement. 3. Counsel has advised the Village for some time that the Village may do better in a jury trial rather than with a quick-take bench trial. Counsel feels Mr. Gore would not be a good witness and that a jury would not respond favorably to him. Plus, in a jury trial, the jury must visit the property. Any jury that was given a detailed tour through the Admiral Oasis including the basement rooms is likely to assign a very low value to that property. Consequently, it may be worth waiting for the jury trial rather than proceed with the "quick-take" hearing. In the past, we have felt this strategy,while having merit would not fit our time frame. Now that the court has postponed any further consideration of this case until March, it is very possible that a jury trial could be scheduled by this time in 1998. The court may actually be relieved to be able to set the jury trial, thereby avoiding the necessity of a judge's decision and then, of course, dispensing with the case once and for all. I discussed this option at some length with special counsel following the hearing on Wednesday and feel this option has substantial merit. Trustees should again give some thought to this strategy and if this is deemed to be a better way to proceed, we will need to approach the developer and the retailer and renegotiate the redevelopment agreement to fit this new time frame. I have included an Executive Session on the Agenda following Monday night's Board meeting. I would like to discuss all these options in some detail with Trustees to get a clear feedback from the Board as to how you would like us to proceed with this matter at this time. It would be my recommendation that we schedule a negotiating session with the owners(Mr. Gigante has already had some informal discussion with Mr. Gore's attorney)based upon a purchase authority to be provided by the Board of Trustees. If there is any way we can negotiate a settlement within those parameters that should be done immediately along with the ancillary provisions we have discussed to assure the current owner clears the property prior to closing. The closing could then be scheduled for late January;the project would remain on schedule and construction will be underway by spring of 1998. If our efforts to negotiate prove to be a failure(The odds are probably no better than 50/50 and `.- maybe worse)than I would suggest we await the judge's order on the existing motions which we anticipate will be favorable to the Village. As soon as those decisions are rendered, we would immediately request that a jury trial be scheduled as soon as possible and then move forward with that process which we hope will be more favorable to the Village and will certainly result in a final verdict. If Trustees concur with this strategy, the most important input from the Board is negotiating parameters so that we will have an idea how far we can go on price. I will be happy to discuss this project in more detail with individual Trustees prior to Monday evening if you would like additional information. CONFIDENTIAL LNA/sl tiflacquire.mem A1N-17-17'7d 10:15 1'UKI UV UKUVt LHW i.tri Kt b4( b(4.5dd r.t1G IN THE CIRCUIT COURT OF COOS COUNT!, ILLINOIS COUNT! WARMNESS - Lax DIVISION TAX AND MISCELLANEOUS REMEDIES SECTION THE VILLAGE OF MORTON GROVE, ) ) plaintiff, ) v, ) NO. 96 L 51208 ) OAR BROOK SANK, as trustee under ) Post-it Fax Note 7671 `D1f j_/ey.98 ban. /9 trust agreement dated January 19, ) '°I�TIlB[ Ra6p fD "4"0514.. G46 TE 1988, and known as Trust So. 2068,)' c OAS DROOR SANK as Mortgagee, under) a mortgage dated February 19, 1988, ) teens. nom. and U lO X OWNERS, ) f.".847— 967-?388 "" Pa Defendants. ) MEMORANDUM DECISION AND JUDGMENT This matter is before the Court on the amended traverse and motion to dismise of Defendant (the Owner) to the complaint to condemn filed by the Village of Morton Grove, a home-rule unit ■ .. of government and municipal corporation (the Village) . • JTATEMERT OF FACTS On October 23, 1996, Plaintiff filed a complaint to condemn property owned by Defendants. "The acquisition of the subject property is for a public purpose and is necessary, required and appropriate to achieve the objectives of the redevelopment plan and project' (Plaintiff's Complaint, par. 7) . Plaintiff adopted ordinances creating a real property tax increment financing district and a redevelopment plan and project area pursuant to the Tax Increment Allocation Redevelopment Act (the Act) (65 ILCS 5/11-74.4-1 through 4-11 (West Supp. 1997) ) . The Act provides that a municipality may ' (w)ithin a redevelopment project area, acquire by purchase, donation, lease JFW-19-1998 10:15 MORTON GROVE LRW CENTRE 847%72386 P.03 or eminent domain' (65 ILCS 5/11-74.4-4(c) (West Supp. 1997) ) . Subsequently, Plaintiff filed a motion for immediate vesting of title on September 4, 1997, pursuant to "quick-take" powers. Um Public Act 90-370, amending Section 103 of the Eminent Domain statute (735 ILLS 5/7-103(51) (West Supp. 1997) ) and conferring 'quick-take' powers upon Plaintiff "within the area - designated as the Waukegan Road Tax Increment Financing District to be us - •Ofor acquiring commercially zoned properties located on Waukegan Road for tax increment redevelopment projects contained in the redevelopment plan for the area. " ) Plaintiff enacted a series of ordinances adopting and approving the following: (1) a TIF Redevelopment Plan (the Plan) (Ordinance. No. 95-8) , (2) a redevelopment project (Ordinance No. 95-9) , and (3) the TIF Redevelopment Project Area (the RPA) ti- (Ordinance No. 95-10) (May 8, 1995) . The RPA, also known as the Waukegan Road TIF district, is an irregular strip of property adjacent to Waukegan Road generally lying south, of Golf Road and north of Dempster Street. The subject property is part of Redevelopment Site "A" as designated in the RPA. On June 10, 1996, Plaintiff subsequently passed an ordinance authorizing the execution of a redevelopment agreement for Site "A' in the Waukegan Road TIF district (Ordinance No. 96-26) . Plaintiff conducted public hearings prior to passing . the May, 1995, and June 10, 1996, ordinances. The village agreed with a private developer, the Taxman Corporation (Taxman) , to purchase the property in Site "A' and pay for all 2 JRN-19-1998 10:15 MORTON GROVE LAU CENTRE 847%72388 P.04 costs of environmental clean-up. The redevelopment agreement between the Village and Taman provides in part as follows: Basic Village Obligations to the Developer and the Redevelopment Project. In accordance with the Village's commitment to the Redevelopment of Site "A, " the Village on its part agrees and covenants with the Developer as follows: • • • b. The Village will undertake, as its sole expense, the necessary testing and site clean-up and remediation required to comply with the warranties and representations hereinafter contained in this paragraph, and the Village will certify, warrant, indemnify and hold the Developer harmless at the time of closing (between the Village and the Developer) that: (1) There are no materials in or under the Redevelopment Site "A" which, at the time of disclosure, are defined as hazardous substances under Section 101(4) of the Federal Comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time; (2) there are no underground storage tanks or areas, or unregulated fill, on or under all or any portion of Redevelopment site 'A. " All soil borings or samples and remediation reports shall be certified to both the Village and the Developer or any tenant or financial institution designated by the Developer. All representations and warranties contained in this paragraph shall be deemed remade as of the date of closing and shall survive the closing. The Village shall convey title to the Redevelopment Site 'A" to the Developer after all improvements on the Redevelopment Site "A' have been demolished pursuant to the specifications of the Developer, and after all site clean-up and remediation of such hazardous substances defined hereinabove have been completed. At the time of closing, the village shall provide to the Developer a renewed written warranty, representation and indemnification agreement affirming the warranties contained in this paragraph. Ordinance No. 96-26, Redevelopment Agreement (AA00177-78) . On June 14, 1996, the Village conveyed its written offer to she 3 JRN-19-1998 10 16 NCRTC. [ROVE LFlW CENTRE 8479672388 P.05 Owner. The Village conditioned its offer on a conveyance of property 'free and clear of all environmental contamination. " On June 24, 1996, the Village passed another ordinance authorizing acquisition of the subject property by eminent domain proceedings, if necessary (Ord. No. 96-33) . In December of 1996, the Village passed Ordinance No. 96-56 (Dec. 17, 1996) authorizing the execution of an amendment (the amendment) to the Village's redevelopment agreement with Taxman. The Village did not give notice or conduct public hearings before passage of Ordinance No. 96-56, nor did it conduct studies considering the property in the adjacent area to determine if conditions of blight existed throughout the TIF district. In Ordinance No. 96-56, the Village made the following findings supporting the amendment of the Taxman redevelopment agreement, in pertinent part: WHEREAS, certain provisions of that agreement provided for the acquisition of adjacent property contiguous but outside of Redevelopment Area •A• in order to facilitate the construction of developers proposed project; and WHEREAS, conditions particularly related to the timing of the purchase of those contiguous properties have necessitated an amendment to the original agreement to provide for direct Village acquisition; and WHEREAS, the Corporate Authorities have carefully considered all ramifications associated with the acquisition of these contiguous properties and find it is in the best interest of the Village of Morton Grove to adopt the attached amendment to the Redevelopment Agreement which will provide for the direct acquisition of these adjacent properties in the Village of Morton Grove. 4 JAN-19-1998 10:16 MORTON GROUE L1 4 CENTRE 8479672388 P.05 Ordinance No. 96-55 (AA00258) . In the amendment to the redevelopment agreement, the parties further stipulated: WHEREAS, the corporate authorities after having carefully reviewed all the advantages and disadvantages of acquiring the contiguous sites have concluded it is in the best interest of the Village to directly acquire this property and thereby to control the entire redevelopment site. 4 4 t 2. Village to Directly Acquire Adjacent Parcels. The Village of Morton grove hereby agrees to directly purchase adjacent parcels of property as identified an Exhibit "A' (Exhibit "C" in original Agreement) attached to this amendment at a price and with conditions as approved by the Corporate Authorities. When Redevelopment Area "A" is acquired and cleared, all properties located within Redevelopment Site 'A, " as described in exhibit "B" attached to the original redevelopment agreement, and that property described in Exhibit "A" of this Amendment No. 1 will then be conveyed to Developer at a cost of $1.4 million as stipulated in paragraph 4a of the original Agreement subject to applicable provisions of the tax code. (ii. at AA00261) . Thus, Ordinance 96-56 authorized the Village to purchase residential property adjacent to but outside of, the RPA and then convey all property in the redevelopment site to Taxman. On December 6, 1996, Defendants filed a traverse and motion to dismiss. Defendants filed an amended traverse on April 15, 1997, and a motion to dismiss Plaintiff's motion for immediate vesting of title. Defendants state ordinance No. 96-56 effectively altered the exterior boundaries of the TIP district, authorized Plaintiff to purchase residential property adjacent to, but outside of, the Waukegan Road TIP district, without notice or public hearings before passage of Ordinance No. 96-56, 5 JAN-19-1998 10:17 MORTON GROVE LAW CENTRE 8479672388 P.07 •nor did• it conduct studies considering the property in the expanded area to determine if conditions of blight existed throughout the TIF district ash anted. ' (Defendants' Memorandum at 10. 3 Legal arguments on Defendants' motions were heard on November 19, 1997, followed by evidentiary hearings on Defendants' motion on November 20, 1997, and December 3, 1997. The Court considers two issues herein. MILIBBLIMEZEIn 1. Whether the village failed to negotiate in good faith. 2. Whether the Village altered the exterior boundaries of the RPA. avrmr OR 4NE PARTIES AND CO)O narS AD DECISION ST TEE COURT I. in respect to issue one, the Owner contends the Village failed to negotiate in good faith. The Owner argues that section 102 of the Eminent Domain Statute requires that before exercising the right of eminent domain, government must make a bona-fide, good-faith attempt to reach an agreement with the property owner on the amount of compensation citing 735 ILCS 5/7-102 (West 1996); sec also Department of Transp. v. Marsh, 54 Ill. App. 3d 890, 891 (4th Dist. 1977) ; that Illinois eminent domain law and the public policy of Illinois encourage voluntary . acquisitions of property and discourage forced acquisitions through exercise of the eminent domain power (Patrick Media Group. Inc. v. Du Pace Water Camm'b, 258 Ill. App. 3d 1068 (1st 6 • JAN-19-1998 10:1? MORTON GROVE LAW CENTRE 8479672388 P.08 Dist. 1994) ); that-tbe Village owed the Owner a duty to negotiate in good faith before the initiation of condemnation proceedings and failed to satisfy its obligation; that, instead, it made an offer .conditioned upon the owner's delivery of property free and -clear of all environmental contaminatidh; that the Village conditioned its offer on delivery of a contamination-free property for a very specific reason; that the Village had obligated itself under the redevelopment agreement to acquire Site 'A' (the subject property in this case) , pay for any environmental clean-up, and convey a 'clean' property to Taxman; that the Village's conditional offer to the Owner served two Village purposes under the Tasman redevelopment agreement, first, the Village had to acquire the property to ultimately • sell it to Taxman and, second, if the Owner accepted the Village's conditional offer, the village would avoid the expense of cleaning up the site; that the Owner would have to bear any such expense or liability under the deal set out in the Village's offer; that the Village tried to shift to the Owner the Village's obligation to deliver a cleaned-up site to Taxman; that when government contracts with a developer to acquire property to clean up property at the government's expense, and then conveys the property to the developer, government owes the innocent private-property owner an obligation to act in good faith; that when government negotiates with the innocent property owner, forcing the owner to deliver property in a condition that satisfies the government's obligation under an 7 Jiifv-:.-_7y8 1w.1( GROVE LRW CENTRE 04?%?2388 P.bS agreement with a private developer, the notion of good faith disappears; that the Village negotiated in its best interest, at the expense of the Owner, to avoid any expense and liability under the Taxman agreement for environmental cleanup costs; that if allowed to stand, the Villag hae rewritten the rules of good faith negotiation in Illinois eminent domain acquisitions; that Illinois law prohibits reduction of just compensation by the costs of environmental remediation; that in Department of ;ranso. ex rel. People v. Parr, 259 Ill. App. 3d 602 (3d Dist. 1994) , the Illinois Appellate Court stated: The certified question asks whether the Illinois Department of Transportation (IDOT) may introduce alleged environmental remediation costs at eminent domain proceedings in determining the fair market value of the subject property. we answer -the question in the negative because: (1) environmental remediation costs, standing alone, have no direct bearing on the valuation of condemned property; and (2) the admission of environmental remediation coats into evidence would violate the due process rights of property owners under the Illinois Environmental protection Act. .(Citation omitted. ) As a result, we affirm the trial court's decision to exclude this evidence and remand this cause to the trial court for further proceedings consistent with this order. 259 Ill. App. 3d at 602-603; that the government cannot offset clean-up costs against an owner's award of just compensation in a condemnation action; yet, that is precisely what the Village attempted in negotiations by conditioning its offer to the Owner on delivery of a contamination-free site; that if remediation costs are not allowed in evidence in an eminent domain trial because the Owner is deprived of his constitutional right to due process and just compensation, then the Village cannot require 9 JAN-19-1998 10:18 MORTON GROVE LRW CENTRE 8479672388 P.10 the Owner, in a negotiated agreement, to convey property free `• and clear of all environmental contamination; that to allow negotiations in the manner conducted by the Village will frustrate, not promote, the public policy of Illinois to, if possible, amicably conclude the acquisition process, rather than to force eminent domain proceedings; that the Village's offer and negotiation strategy injects a significant facto, in.�the negotiations; that without an environmental audit or other evidence concerning the existence or extent of any environmental contamination, the Owner could not responsibly accept the offer made by the Village; that to respond to the village's offer, the owner must incur additional significant expenses and costs; that here, the Village's offer to purchase (1) shifts to the Owner the Village's burden to pay clean-up expenses under the Taman redevelopment agreement and, (2) immediately requires the Owner to incur substantial costs just to negotiate in any prudent way; that the Village argues that because the Owner did not respond to the offer and because the Owner did not agree on compensation offered by the village, the Village has discharged its obligation to negotiate in good faith; that the village ignores the fact the Owner could not respond, in anymeaningtul way, to an offer requiring a conveyance °free and clear from all contamination; that its offer creates an immediate and unfair financial burden on the Owner to investigate environmental contamination and the Parr case does not allow a condemnor to 9 JAN-19-1998 10:18 MORTON GROVE LAW CENTRE 8479672388 P. 11 offset the cost of remediation against just compensation due an `- owner in an eminent domain case. The Court disagrees with the Owner. Before a condemnation action is filed by the condemnor, these must be a bona-fide effort to agree. A bona-fide effort to agree requires a good- faith offer by the condemnor. A good-faith effort must be communicated to the owner who then must respond to the offer of the condemnor. if the owner does respond, the condemnor can proceed with the condemnation action. Here, the Owner argues that a good-faith offer was not made by the Village because it was conditioned on the property owner conveying the property to the village free of contamination; that before the Owner could accept the offer an environmental assessment would have to be undertaken to determine the extent, if any, of contamination; that such an environmental assessment would require the Owner to incur coats; that, in addition, any costs to clean up the property, if necessary, would have to be incurred by the Owner to that the value of the property could be determined; that until such costs were determined by the Owner it would be impossible to respond to the offer with a counter offer; that the offer of the village , shoul 1have contained a ppoyiso that the offer would be- increased by the-amount of-the • coats for the environmental assessment and the cleanup, if any, of the contamination.. The Court again disagrees. in response to certain requests to admit propounded by the Village, the Owner admitted the 10 • JF44-19-1998 10:19 MORTON GROVE Lkw CENTRE 8479672388 P.12 • following: (1) on or about June 14, 1996, the Village svheitted �- to the Owner a written offer to purchase the subject property; s at on or about July 3, 1996, the village submitted to the owner an appraisal upon which the offer was based; (3) the Owner never accepted the written offer; (4) the Owner never submitted a written or oral counteroffer to the village; and (5) the parties could not agree on the amount of compensation to be paid for the subject property. Despite these admissions, the Owner argues the Village failed to make a bona-fide attempt to agree prior to filing suit. A complaint to condemn may be filed once the compensation to be paid for. . .the property cannot be agreed upon by the parties interested. . . . ' 735 tLC9 5/7-102 (West 1996) . Here, the Owner has conceded the Village made an offer to which no response was made and the parties could not agree on compensation. Illinois law provides where, as here, the condemnor makes an offer to which there is no response, there has been a bona-fide attempt to agree sufficiently establishing an attempt to acquire the property without condemnation` village of Deerfield v. Haoka, 54 Ill. 2d 217, 225 (1973) . The Owner had every opportunity to respond to the offer of the village, and it cannot now complain the Village failed to make a bona-fide attempt to agree simply because the Owner failed to respond. Defendants also claim that because the village had a contractual obligation with Taxman to pay for the costs of any 11 JRN-19-1998 10:19 MORTON GROVE LAW CEN 8479672388 P.13 environmental remediation, the Village was precluded from attempting to include these costs in its negotiations with the Owner. No case law is cited that would preclude a condemnor from offering to purchase property free and clear of all liens, encumbrances, and environmental contamination. Suchl law would rather than ennourage� re-suit negotiations. - Moreover, the offer of the village was based upon an appraisal in which the appraiser assumed the property was free and clear of all liens, encumbrances, and environmental contamination. The Owner's appraisal rests upon the same assumption. Relying upon the case of Department of Trans°. ex rel . people v. Part, 259 Ill. App. 3d 602 (3rd Dist. 1994) , the Owner argues that because a jury may not offset environmental remediation costs against an award of just compensation, the Village may not include such costs in its pre-suit negotiations. There is, however, a distinction between a jury's determination of just compensation and a condemnor's obligation to attempt to agree. Parr is relevant only after pre-suit negotiations fail and a case proceeds to trial. Prior to the commencement of suit, the parties may negotiate price upon terms that are mutually acceptable. There is nothing in parr that holds to the contrary. In short, Parr is not controlling in the context of pre-suit negotiations. The ha Court concludes that village negotiated in good faith. r 12 JAN-19-1998 10:19 111 TON 11201..E LRW CENTRE 8479672388 P.14 II. In respect to issue two, the Owner contends that the village altered the exterior boundaries of the redevelopment project. The Owner argues that a traverse and motion to dismiss challenges the condemnor's right to condemn an owner's property and the complaint will be dismissed if the condemnor cannot show its right to condemn by proper proof Forest Preserve Dist. of pane Co. v. Estee, 222 I11. App. 3d 167, 175 (2nd Diet. 1991) ); that when the government's right to condemn is contested by a traverse and motion to dismiss, the burden is on the government to make a prima facie case establishing authority to condemn (Department of Transa. v. First Galesburg Nat'l Dank s Trust, Cgs, 141 Ijl. 2d 462, 469 (1990) ) ; that "(a) municipality can only exercise the power of eminent domain when it has been specifically conferred by legislative enactment' citing City of Oakbrook Terrace v. La Salle _Nat'l Bank, 186 I11. App. 3d 343, 348 (let Dist. 1989); that '(a) statutory grant of eminent domain power can only be exercised in the manner authorized by statute' citing village of Skokie v, Gianoulie., 260 Ill. App. 3d 287, 295 (let Dist. 1994) ; that an ordinance granting eminent domain power must be strictly construed in favor of the property owner to protect the rights of property owners (Estes, 222 Ill. App. 3d at 175; People ex ref . Director of Finance v. YWCA, 86 Ill. 2d 219, 232-33 (1981)) ; that the TIF Act requires the Village give notice and conduct public hearings before adopting a redevelopment project, designating a redevelopment project 13 JAN-19-1996: 10::20 MORTON GROVE LAW CENTRE 847%72388 P.15 area, or executing a redevelopment agreement, and also requires additional notice and public hearings to alter the exterior boundaries of any redevelopment plan area; that the Tax Increment Allocation Redevelopment Act, provides, in part: Prior to the adoption of an ordinance proposing the designation of a redevelopment project area, or approving a redevelopment plan or redevelopment project, the municipality by its corporate authorities, . . . shall adopt an ordinance or resolution fixing a time an place for public hearing,, t * s After the adoption of an ordinance approving a redevelopment plan or project or designating a redevelopment project area, no ordinance shall be adopted altering the exterior boundaries, affecting the general land uses established pursuant to the plan or changing the nature of the redevelopment project without complying with the procedures provided in this division pertaining to the initial approval of a redevelopment plan project and designation of redevelopment project area. . . . 65 ILCS 5/11-74.4-5(a) (West Supp. 1997) (emphasis supplied) ; that the Village failed to adhere to the strict requirements of the Act when it amended the Taxman redevelopment agreement and altered the exterior boundaries of the RPA to include property not previously included in the RPA without conducting a public hearing; that because the Village has not strictly adhered to the Act authorizing the use of eminent domain, the Village lacks eminent domain authority to acquire property for the redevelopment project (See, e.c. , City of Oakbrook Terrace v. La Salle Nat'l sank, 186 Ill. App. 3d 343, 348 (1st Diet. 1989 ) ) ; that the Village responds it did not alter the boundaries of the district, but if it did, the Owner has no standing to complain 14 • JHN-17-177d 10+C4) MUKIUN uKUVt LMW LtNIKC d4Y7orcJOO r. io and the Owner's property is still subject to condemnation; that the Village forgets that it derives the owner's power to condemn from the TIP statute and nowhere else; that an ordinance granting eminent domain power must be strictly construed to protect the rights of property owners (7etee,, 111 Iii. App. 3d at 175); that the Village altered its exterior boundaries, did not make requisite findings under the TIP statute relating to the RPA boundaries as altered, and therefore lacks authority to condemn; and that to construe the TIP statute any other way, this court must ignore principals of strict statutory construction of the grant of power to condemn. The Court agrees with the Owner. On Hay 9, 1995, the Village enacted ordinance No. 95-10 that designated and legally described the RPA. At no time did the Village ever amend this ordinance. Owner claims, however, the Village constructively amended the RPA boundaries when it entered into an agreement with Taxman, and states ordinance No. 95-56 altered the exterior boundaries of the TIF. The Tax Increment Allocation Redevelopment Act specifically authorizes a municipality to *make and enter into all contracts necessary or incidental to the implementation and furtherance of its redevelopment plan and project. ' 65 ILCS 5/11-74.4-4(b) (west supp. 1997) . The Owner does not argue the agreement is not necessary or incidental to the implementation and furtherance of the redevelopment plan, and project, nor does the 15 JAN-19-1998 10 21 nsao\ GROVE LAW CENTRE 8479672388 P.17 Owner take issue with the ordinances establishing the RPA, the \--# redevelopment plan and the project. The Owner admits these ordinances were enacted pursuant to the Act, and it is these ordinances that are the source of the Village's power to condemn the Owner's property. The adjacent properties of ordinance No. 96-95, however, were never made part of the RPA. As an amendment to the original TIP legislation, ordinance No. 96-56 expanded the TIP boundaries, and the Village lacks eminent domain authority to acquire the property. City of Oakbrook Terrace v. Lasalle Nat'l Bank, 186 Ill. App. 3d 343 (2nd Dist. 1989) . In City of Oakbrook Terrace, the appellate court noted '(t]he focus in a traverse and motion to dismiss is whether the municipality had a right to condemn the property (citation omitted) for a statutorily authorized purpose. ' 186 I11. App. 3d at 348. 'To condemn property under article VII (the Eminent Domain Statute], a municipality needs only to file a complaint setting forth its authority in the premises; the purpose for which the property is to be taken; a description of the property; and the names of all persons interested in the property, after the parties have failed to agree on the compensation. ' 186 ill. App. 3d at 349. When the condemnor establishes a prima facie case, the burden shifts to the landowner to show that the governing board of the municipality abused its discretion. 186 Ill. App. 3d at 348. 16 JPN-19-1998 10 21 MORTON 1sOVE LPL, CENTRE 8479672388 P.18 • In $enry County Dd. v. Village of Orion, 278 Ill. App. 3d 1058 (3rd Diet. 1996), the appellate court interpreted section 4-5(a) of the Act and noted ' (t)he Act provides if changes to a proposed redevelopment plan or project are made prior to their adoption, notice is required. ' 278 Ill. App. 3d at 1070. The court determined Orion gave no notice of the changes made to the proposed redevelopment plan and project prior to their adoption by ordinance No. 93-23 because the displayed redevelopment project and plan differed from the redevelopment plan and project actually adopted as ordinance No. 93-23. 278 Ill. App. 3d at 1069 . In this case, properties adjacent to the RPA were included in ordinance No. 96-56 that were not included in the original ordinance (No. 95-10) , and the Act requires notice if changes are made including altering the exterior boundaries. By its clear language, that the agreement with Taxman Corporation "provided for the acquisition of adjacent properties contiguous but outside of Redevelopment Area 'A' in order to facilitate the construction of developers (sic) proposed project" (AA00258, par. 41 , ordinance No. 96-56 failed to comply vith the statutory language. The Village held a public hearing on April 10, 1995, prior to the adoption of ordinance numbers 95-8, 95-9, and 95-10 (proposed redevelopment plan and redevelopment project, and the specified redevelopment project area (RPA) as legally described on Exhibit A) . The Village also held a public hearing on May 17 Jrw-s,-1.nd 1tP 1 rukiUN URUVE LAW CENmE ov?96 2388 P.19 21, 1996, prior to the adoption of ordinance No. 96-26 (authorizing redevelopment agreement between the Village and the Taxman Corporation) . The Village approved ordinance No. 96-33 (authorizing the acquisition of the property commonly known as 9353 North Waukegan toad through condemnation 'in the event . . . unable to agree with the owner or owners of said property as to the compensation to be paid ) Paragraph as of the redevelopment agreement provided for the Taxman Corporation to acquire single-family residences located at 6909 Lyons Avenue, 6910 Lyons Avenue, and 6910 Beckwith Avenue. Subsequently, the Village approved ordinance No. 96-56 on December 17, 1996, that executed an amendment to the existing redevelopment agreement and authorized the Village to directly purchase the adjacent parcels of property, specifically, single-family residences located at 6909 Lyons Avenue, 6910 Lyons Avenue, and 6910 Beckwith Avenue (see AA0263) . The Village Administrator, Larry N. Arft, testified in the Circuit Court of Cook County on November 19, 1997, that the board entered into a redevelopment agreement with the Taxman Corporation following a public hearing held on May 21, 1996, (Bearing Tr. at_70) and that the 'board reconsidered the provision that was in the original redevelopment agreement with Taxman Corporation, agreed to amend the agreement so that the village would acquire the two pieces of property that are located outside the TI? district' (Rearing Tr. at 72) . Mr. Arft also stated that the parcels 'have been added to the 1$ TAN-19-1598 10:22 MORTON GROVE LAW CENTRE 8479672388 P.20 redevelopment site, but they have not been added to the TIF district or to the redevelopment project area within the TIF district' (Rearing Tr. at 78) . Counsel for the Village, however, conceded that the redevelopment area, as it relates to the agreement with the developer, has been defined differently." (Searing Tr. at 81) . Rased on a review of the exhibits and the ordinances, and the evidentiary hearings held before this Court, the amendment to the geographical area of the redevelopment project area, as stated in ordinance No. 96-56, is an amendment to the RPA authorized pursuant to the Act. The authority to acquire the two pieces of property that are located outside the flu district was based on the authority granted to the Village pursuant to the Act. As such, the requirements of the Act must be followed. These requirements, in particular, the ' notice requirement, were not met. The Court concludes the Village did alter the exterior boundaries of the RPA (sew 65 ILCS 5/11-74.4.3 (p) (West supp. 1997) defining "RPA" ) , a public hearing was necessary according to the Tax Increment Allocation Redevelopment Act (bee 65• ILCS 5/11-74.4-5(a) , 4-5(b) , 4-5(c) (West Supp. 1997) , and Plaintiff failed to meet the requirements of the Act. Defendants' traverse and motion to dit•,'as are gr ted. ENTER, ', di' .J4 J d-e Alexander P. White JUDGE ALEXANDER P.WHITE JAN 13 199E CIRCUIT COURT—2411,4p �.. 19 TOTAL P.20 Law Offices of Gabriel S. Berrafato 8720 Ferris Avenue Morton Grove, Il 60053 Phone: 847-965-2233 Fax: 847-967-2388 MEMO CONFIDENTIAL To: President and Board of Trustees of the Village of Morton Grove From: Gabriel S. Berrafato Date: May 11, 1998 In re: VILLAGE OF MORTON GROVE V. ADMIRAL OASIS No. 96L 51208 As you know from a copy of my letter to the attorney for the Admiral, I received a call from the attorney for Gore, who said that he needed an extra week to discuss this matter thoroughly with his client. Enclosed please find a letter that I received from Mr. Gordon, requesting that we extend the time limitation through the first week of June. In view of a conference call had between Carl Gigante, my office and Mr. Gordon, I believe that this in not an unreasonable request, since the fifteenth day from receipt of this letter was May 27, 1998. Therefore, I would recommend that we grant an extension accordingly. I hope to discuss this br'efly at our pre-agenda meeting on Monday, the 11th. 1 ` • cc: Larry N. Arft, Village Administrator Carl A. Gigante LAW OFFICES CALVERTJ. GORDON 30 NORTH LA SALLE STREET SUITE 2024 CHICAGO 60602 TELEPHONE (312) 726-3700 FAX: (312) 726-4644 May 7, 1998 Mr. Gabriel S. Berrafato Gabriel S. Berrafato & Associates 8720 Ferris Avenue Morton Grove, Illinois 60053-2843 Re: Village of Morton Grove vs . Admiral Oasis Motel Case No. 96 L 51208 Dear Mr. Berrafato: As I explained to you on the telephone today, because of prior scheduled commitments, I cannot react within the 15 day settlement period as expressed in your May 5th letter. The first week in June is workable however and I trust you can extend the time period. Very truly yours, a v J." fiord n z CJG: jmc Law Offices of MPY 10 0 Gabriel S. Berrafato & Associates , ;v. ' V .--1720 Ferris Avenue Morten Grove,Illinois 60053-2843 Telephone(847)965-2233 Facsimile(847)967-2388 Gabriel S.Berrafato Marc S.Porter,of Counsel May 12 , 1998 THIS LETTER SENT VIA FAX (312 726 !SAC) and REGULAR PAIL Calvert J. Gordon Attorney at Law 30 N. Lasalle - #2024 Chicago, IL 60602 In re: Village of Morton Grove v. Admiral Oasis Motel No. 96 L 51208 Dear Mr. Gordon: My office is in receipt of your letter dated May 7, 1998, requesting an extension of the time limitation in our letter of May 5, 1998. Please be advised that the Village Board has granted this extension through June 5, 1998. Please note that the offer and all other conditions remain as stated in the letter of May 5, 1998 . Vpry\truly yours, j� IEL S. E ATOI Co oration Counsel cc: President and Village oard of Trusteep Larry N. Arft, Village Administrator ✓ Carl Gigante, Figliulo & Silverman, P.C. (By U.S.Mail) LAW OFFICES CALVERTJ. GORDON 30 NORTH LA SALLE STREET SUITE 2024 CHICAGO 60602 TELEPHONE (312) 726-3700 FAX: (312) 726-4644 June 5, 1998 Mr. Gabriel S. Berrafato Village Attorney of Morton Grove 8720 Ferris Avenue Morton Grove, Illinois 60053-2843 Re: Village of Morton Grove vs . Del Hewitt Manager/Agent: Trust No. 2068 Oak Brook Bank Citation Nos : 629-693 Dear Mr. Berrafato: The owner of the subject property will agree to the entry of a standard final judgement order in the sum of $3,250,000.00 . Further, after approval of said judgement order, I will immediately dismiss the pending appeal . The deposits of the award with the Cook County Treasurer shall be made immediately after entry of the judgement order (same day or within 5 days) . Yours truly,Calve . Gordon CJG: jmc Cc LAW OFFICES CALVERT J. GORDON 30 NORTH LA SALLE STREET SUITE 2024 CHICAGO 60602 TELEPHONE (312) 726-3700 FAX: (312) 726-4644 June 5, 1998 Mr. Gabriel S. Berrafato Village Attorney of Morton Grove 8720 Ferris Avenue Morton Grove, Illinois 60053-2843 Re: Village of Morton Grove vs . Del Hewitt Manager/Agent: Trust No. 2068 Oak Brook Bank Citation Nos : 629-693 Dear Mr. Berrafato: To assist the Village of Morton Grove, the owner of the Admiral Oasis Motel will agree to deliver said motel in a vacant condition if the following terms are agreed upon: 1 . Possession will be delivered within 90 days from payment of the award to owner in a vacant condition. 2 . In the event there are any remaining tenants at the end of 90 days, the Village will accept possession subject only to pending eviction cases filed by owner against any problem tenants . 3 . If necessary, in those cases where vacation of the premises by guests or tenants cannot be accomplished at no cost, Village shall pay directly or agrees to be responsible for and reimburse owner the actual , certified relocation or moving expense payments made. 4 . Owner shall occupy the premises during this 90 day vacation period rent and expense free. 5 . Village agrees to pay owner the operating expenses during the vacation period, not to exceed $25,000 . 00 per 30 day period, pro-rated if required, and any emergency safety related maintenance costs. Mr. Gabriel S . Berrafato O June 1998 Two Page Two l� -° 6 . Owner may remove all personalty prior to surrendering possession. 7 . Village shall be named in all existing liability insurance policies as an additional named insured during the vacation period. Please signify acceptance of these terms by signing and returning the enclosed copy of this letter. Yours truly, 1 C _ ` t alvert J Go J on CJG: jmc /r� t I JUN.1O.1998 5:57PM FIGLIULO&SILVERMfg'1 NO.952 P.2/4 • LAW OFFICES FIGLIIILO & SILVERMAN A PROFESSIONAL CORPORATION TEN SOUTH LASALLE STREET SLATE 3600 CHICAGO.ILLINOIS 00403 TELEPHONE (312)a 14600 FACSIMLE (512)251-4610 June 10, 1998 via facsimile Gabriel S. Berrafato Corporation Counsel, Village of Morton Grove 8720 Ferris Avenue Morton Grove, Illinois 60053 Re: Admiral Oasis Settlement Pmposal Dear Gabe: We have reviewed Cal Gordon's June 5 settlement proposal and have the following comments: J•ist of Tenants: Prior to the entry of any agreed Final Judgment Order, ownership should provide us with a list of monthly and weekly tenants. The list should identify the occupants, the room number, the type of tenancy (i.e., month-to-month or weekly), the date when rent is due, and whether the tenancy was in existence for more than two years. I use two years only because it was in June of 1996 that the Village announced its intention to acquire the Admiral. Assuming the Village undertakes the burden of relocating tenants (which I do not believe it should) it should not have to relocate tenants who began leasing after it was announced that the Motel would be condemned. In addition, ownership should provide the Village with a list of all rooms that are vacant or unoccupied. This list should be furnished at the time the Final Judgment Order is entered. Ownership will agree that these rooms will remain vacant. Also, prior to the entry of the Final Judgment Order, ownership will serve notice, which notice must be JUN.10. 1998 5:57PM FIGLIULO&SILVERMRN NO.952 P.3/4 LAW OFFICES FIGLIULO &i SILVERMAN A PROFESSIONAL CORPORATION TEN SOUTH LASALLE STREET SUITE 3500 Gabriel S. Berrafato, Esq. CHICAGO,ILLINOIS 50603 TELEPHONE June 10, 1998 (312/251.4600 Page 2 FACSIMILE (312)251-4610 approved by the Village, to all monthly and weekly tenants. Once ownership has fulfilled these obligations, a Final Judgment Order will be entered which requires that$2.5 million of the award be deposited within seven days. Village Takes Partial Possession: Immediately upon entry of the Final Judgment Order, the Village will take possession of all vacant rooms and secure them by changing the locks. This will reduce liability exposure, eliminate the risk of any new tenancies being created, reduce the operating expenses, and eliminate any ongoing "hourly" trade. Also during this period the Village should be permitted to perform inspections of the premises and perform whatever preliminary tasks it deems necessary in connection with the demolition of the premises. `.- Interim Management of The Premises: After entry of the Final Judgment Order and for a period of sixty days thereafter ownership will manage the premises. The Village will reimburse ownership for all documented expenses incurred during this time frame. The reimbursement should not exceed $25,000 in total. (Income tax returns indicate the cost of utilities, laundry, linen and maid service is about$15,000/month. Assuming the Motel is 50% (or less) occupied, $25,000 seems like a generous cap.) Ownership will notify the Village immediately once a room is vacated and the Village will secure it. Relocation: The Village should not pay directly or indirectly any costs incurred by management in vacating the premises or relocating residents. The Village has no legal obligation to do so. The Federal Relocation Act 42 USC. §§ 4601 et seq. clearly does not apply. If the Village voluntarily assumes the responsibility of relocation it will set a costly precedent for future TIF acquisitions. agility/nor At the end of the sixty day period, ownership will relinquish possession and deliver two vacant buildings. At the same time, ownership will provide the Village with receipts or other documentation with respect to its operating expenses. In the event there are any hold-over tenants, ownership will promptly notify the Village and identify them. The Village will deduct from the balance due, $2500 for each individual and $4,000 for each family that is a hold-over. In the unlikely event that ownership created new JUN.10.1998 5:58P11 FIGLIULO&SILVERMRN NO.952 P.4/4 LAW OFFICES FIaLIVLO IU SILVERMAN A PROFESSIONAL CORPORATION TEN SOUTH LASALLE STREET SUITE 3600 Gabriel S. Berrafato, Esq. CHICAGO.ILLINOIS 50603 TELEPHONE June 10, 1998 (312)231-4000 Page 3 FACSIMILE (3111 251-4610 tenancies during the interim management period, then $10,000 will be deducted for each such new tenancy. Finally, I would require Mr. Gordon to furnish the Village an affidavit of ownership. I would like some assurance that we are in fact dealing with ownership and that there is not someone else (Siegal?) who may claim an interest in the property. Very truly yours, del Carl A. Gigante CAG/dub N:LCIJffi,n\U1,t!OTweRIEREAS sTa •1 " / 'err Village of c%1orton grove Office of the Village Administrator CONFIDENTIAL MEMORANDUM TO: Gabriel Be . .to, Co •. .tion Counsel in I FROM: Larry all age Administrator rr If CC: Carl Gig. ', Special Counsel DATE: June 15, 1998 RE: Sale of Admiral Oasis Property After reviewing correspondence dated June 5, 1998, over the signature of Cal Gordon related to the sale of the Admiral Oasis property to the Village of Morton Grove and Carl Gigante's letter of June 10, 1998, containing comments regarding this sale, I have the following thoughts to share with regard to this issue: 1. Acceptance of Purchase Proposal. Structure of the basic deal through the condemnation court seems to be workable provided a final judgement order is entered which outlines the terms and conditions necessary to protect the Village. 2. List of Tenants/Cease Hotel Operations. On the date the purchase price is deposited with a County Treasurer, all hotel operations will cease and daily rentals will vacate the premises. The owner will provide the Village with a detailed list of weekly and monthly tenants that remain in residence. The list will include the dates or approximate period of time the tenant has occupied the Admiral Oasis on a continuous basis. A brief description of the tenant and any family members or other individuals who are occupying the room with the tenant will also be provided. The list should be set-up with room numbers so we will know exactly which portions of the two structures continue to be occupied. Owner will also include the current weekly or monthly rental paid by tenants to assist the Village in determining an appropriate moving allowance for that occupancy. 3. Transition Occupancy Following Payment of Purchase Price as Provided for in Mr. Gordon's Letter and Discussed in Mr. Gigante's Correspondence. Current Owner will continue to occupy the premises for sixty (60) days following payment of the purchase price to the County Treasurer in order to provide time to facilitate the relocation of 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 ant Recycled Paper weekly and monthly tenants. As noted above, the hotel operation will cease and there will be absolutely no additional tenancies (hourly, daily, weekly or monthly) allowed during the transition process. The Village agrees to pay owner documented and receipted operating expenses which occur during the transition period in an amount not to exceed $25,000 per each thirty (30) day period. Utilities and basic housekeeping will continue, however, repairs will be limited to emergency repairs only and will only be made following the preapproval of the Village. 4. Extension of Transition Operation. With the mutual concurrence of the owner and the Village, the transition period may be extended an additional thirty days to complete relocation of remaining weekly and monthly tenants. The Village, at its sole discretion, may opt to take occupancy at the conclusion of the sixty (60) day transition period even though there may be one or more tenants still in residence. 5. Relocation of Existing Weekly and Monthly Tenants. Owner shall be responsible for relocating all weekly and monthly tenants who remain in the facility during the transition occupancy. The Village will provide a moving allowance for weekly and monthly tenants who have been in continuous occupancy of rental space at the Admiral Oasis since at least June 1, 1996. It was in June 1996 the Village officially announced its intentions to purchase the Admiral Oasis Motel. No moving allowance will be paid for tenants who occupied units following that date. The Village's initial plan is to provide a moving allowance equal to twice the current rental paid by existing tenants (two weeks for weekly, two months for monthly tenants), which will be paid directly by the Village to the tenants provided they vacate the premises on or before the date specified in the vacation notice. The exact amount of moving allowance may vary somewhat at the discretion of the Village. Owner agrees to take legal action as necessary to enforce vacation of the property within a sixty(60) day time frame provided for in this agreement. 6. Removal of Personal Property. Owner may remove all personalty from the premises prior to surrendering possession. It is suggested, however, that owner may be able to better facilitate relocation of tenants by allowing them to keep television sets, furniture and other personal property which may be in a tenant's rental space. 7. Village Access. The Village will be allowed unrestricted access to the premises (individual occupied rooms exempted), during the term of the transition occupancy to make such inspections as are necessary to verify the condition of premises, conduct environmental analysis and prepare for the demolition process. 8. Enforcement. I would still like to build some monetary enforcement mechanism into this entire process, however, considering the constraints of operating within the parameters of the condemnation court and Gore's obvious desire to have immediate access to his cash on the front end of the transaction, I do not have a good feel of how we would hold back any money for a second payment once the site has been vacated and the Village is prepared to take possession. Possibly this issue could be discussed verbally with Mr. \., Gordon to explain the Village's concern, a monetary incentive would insure compliance. It is always possible there may be some room to negotiate so we could hold back $250,000 or $500,000 for the sixty (60) days to insure full compliance with vacation of the property and then the balance would be paid. It is understood that if any such arrangements are made they would have to exclude any tenants who have initiated an eviction proceeding since the time line would be driven more by the court than the actions of Mr. Gore or his employees. 9. Liability. The owner has already agreed to list the Village as an additional insured on their insurance policies and should also provide indemnification language protecting the Village against any losses which may occur as a result of their operation of the facility during the transition period. The Village, of course, would assume any liability that results from the initial condemnation process or Village acquisition of the property. As you know, it is possible there may still be some litigation that comes out of this process. 10. Clear Title. Obviously we need to be sure we have clear title at the time the property transfers. Whatever mechanism is required through the condemnation process to insure we have acceptance of this agreement by all of the owners should be built into the final settlement discussions. LNA/sl tiflacquisit.ao CONFIDENTIAL Lap Offices of FACSIMILE Gabriel 8. Berrafato Phone (847) 965-2233 8720 Ferris Avenue Morton Grove, IL 60053 Fax (847) 967-2388 The following pages are being sent 5 (including cover sheet) . Tp / FAX NO. : X • LI A-41)lr::I Lam-t} ,n 7'C -7j l :l - )-S-I -`f f! I e2 0 From: Date: 51 Gabriel 8. Berrafato 7/ �, ' C , 1998 In re: Comments: ,,,4_ ,,i, 4 `vk ct % �; .M..-e.�.X � LCIc-,,ir�Q ll�v (^ _r-vi�Gti '�C-a C-c.-C�J`� %i-�OA CO 7 / IMPORTANT: This message is intended only for the use of the individua• tity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this comtmnicatlon is strictly prohibited. If you have received this commnication in , please notify us iasaediately by telephone, and return the original message to us at the above address via the United States Postal Service. Thant-you. JUL. 2.1998 12:05PM FIGLIULO&SILVERMRN NO.327 P.2/5 LAW OFFICES FIQLIULO & SILVERM s x A PROFESSIONAL CORPORATION TEN SOUTH LASALLE STREET SUITE 3800 CHICAGO, ILLINOIS 60603 TELEPHONE (312)251.4600 Carl A.Gigante FACSIMILE 13121 251-5282 (3121251-4810 July 2, 1998 Calvert J. Gordon 30 North LaSalle Street Suite 2024 Chicago, Illinois 60602 Re: Village of Morton Grove v. Oak Brook Bank Trust # 2068 Settlement Agreement- Case # 96 L 51208 Dear Mr. Gordon: This letter will confirm and outline the terms of the settlement agreement between your clients Jack Gore, the beneficiaries of Oak Brook Trust #2068, the Admiral Oasis Motel, Ltd. and the Admiral Efficiency Apartments hereinafter collectively referred to as the "Gore Parties" and the Village of Morton Grove hereinafter referred to as the "Village". 1 . The Parties will execute a Final Judgment Order in the form attached hereto as Exhibit "A". 2. In consideration of the obligations undertaken by the Gore parties as set forth herein and for the acquisition of fee simple title to the property legally described in the Final Judgement Order, the Village agrees to pay to the Gore Parties the total sum of $3,250,00.00 ("Agreed Compensation"). 3. Upon deposit of the Agreed Compensation with the Cook County Treasurer, the Gore Parties will immediately dismiss its appeal in case number 98-1479 pending in the Illinois Appellate Court. 4. Concurrently upon the entry of the Final Judgement Order, the Gore JUL. 2.1998 12:05PM FIGLIULO&SILVERMRN NO.327 P.3/5 LAW OFFICES FIG-LIULO & SII.vERMSN Calvert J. Gordon July 2, 1998 Page 2 Parties will provide the Village with a detailed list of all weekly and monthly tenants occupying the premises. The list will include the dates of commencement for all tenancies along with a brief description of the tenant and any family members or other non-related members occupying the room with the tenant. The list should identify room numbers with the tenants and shall include the current weekly and monthly rental amounts. /Z 5. Within -41 hours after deposit of the Agreed Compensation,-all- Motel .. - -, that is, the motel will only service the existing weekly an. onthly rentals and no new hourly, daily, weekly or monthly rentals will be allowe. . t ,// ACCvEfI //o Peu) foe s-t. 6. The Gore Parties will continue to occupy the premises for sixty-(60) days ("Transition Period") from the date of the entry of the Final Judgement Order. The occupancy during the Transition Period will be for the limited purpose of managing the premises, and facilitating the relocation of all weekly and monthly tenants. The Village will pay the Gore Parties: 1) documented and receipted operating expenses which occur during the Transition Period in an amount not to exceed $25,000.00 per each 30 day period; 2) documented and receipted expenses associated with relocation of certain tenants under the terms and conditions as set forth in paragraph seven below. During the Transition Period utilities and basic housekeeping will continue, however, repairs will only be made following the preapproval of the Village unless such repairs are less than $200.00 in the aggregate. 7. The Gore Parties warrant and represent that they will undertake the responsibility for lawfully and peacefully facilitating the relocation of all weekly and monthly tenants who remain in the premises during the Transition Period. The Village will reimburse the Gore parties for all documented expenses associated with relocation under the following conditions: 1) any such reimbursement shall be for only those weekly and monthly tenants who have been in continuous occupancy of rental units at the Admiral Oasis Motel or the Admiral Oasis Efficiency Apartments on or before June 1, 1996; 2) unless the Village expressly consents otherwise, such reimbursement rshall not exceed the JUL. 2.19% 12:06PM FIGLIULO&SILVERMRN NO.327 P.4/5 LAW OFFICES .11rIGLM140 & SILVERa4AN Calvert J. Gordon July 2, 1998 Page 3 lesser of $1,200 per unit or twice the current rental paid by existing tenants (two weeks for weekly, two months for monthly tenants) 8. The Gore parties shall provide the Village with any and all notices to vacate sent to all weekly and monthly tenants. The Gore Parties agree to undertake any legal action(s) necessary to evict any holdover tenants. In addition, during the Transition Period, the Gore parties will regularly notify the Village as to the units that have been vacated and shall immediately cause them to be closed permanently. 9. At the expiration of the Transition Period the Gore Parties are to immediately cease all transition operations and they are to deliver immediate possession of the premises. • Gore Parties deliver possession, the Village will act-pay-aRy-operating , xpenses as set forth in paragraph six. 10. The Village will be allowed unrestricted access to the premises (individual occupied rooms exempted) immediately upon the deposit of the award to make such inspections as are necessary to verify the condition of the premises, conduct environmental analysis, prepare for the demolition process or to secure any unoccupied units. - - he Village shall have the optio '•- , Staleactiggretion, to reduce the Transiti•n Period e the Gore parties shall vacate the prem':es immediately and shal t rn over to the Village all records concerning the s sus as to the current occupancy of the premises and any efforts to relocat- or evict existing o oldover tenants. 11 . The Gore Parties shall lis the Village as an additions nsured on their insurance coverage.- •---- --=:T-7"--_--i - - • - - • • - Village and hold ' less from :ny claim, d- • ten • cause of ' ion arising fro a operation of the ote - • fficien • partment wring the Transitio eriod. This Indemn' a I include an .nd all cost ' urred by t Villa in enforcing t ' • 'e ity or the t- s of this s ement agre ent inst the Go - • •rties. The nsurance • average pro ' ed by the G Parties - shall e • pass this in• -mnity : d provide nsurance c rage limits : • 'table to the Village /(° - 4,../�//' /-^✓?2 SQ-C �yc t ' Y /f ,'%'a-r`C �' 4: `; ILL. 2.1998 12:06PM FIGLIULO&SILVERMflN P10.327 P.5/5 LAW OFFICES FIGLITJ o & SILVERMAN Calvert J. Gordon July 2, 1998 Page 4 ii _ 1,e,100-) If the terms contained in this letter accurately reflect the parties agreement, please note your approval below and return it to the undersigned at your earliest opportunity. Very truly yours, Lef 7460:det Carl A. Gigante APPROVED AND ACCEPTED: 1,v) � Calvert J. Gordon U-'6E Attorney for the Gore Parties c Lrl w IEu cncn——�-�-Q—� �,�0 ,ti t_cs t_. I u< l:" CLOSING STATEMENT PROPERTY: 6910 BECKWITH ROAD, MORTON GROVE, ILLINOIS BROKER: NONE SELLER: LOUIS B. DI NICOLA and MADELEINE J. DI NICOLA PURCHASER: VILLAGE OF MORTON GROVE, a municipal corporation DATE OF CONTRACT: December 19, 1996 DATE OF CLOSING: March 3 , 1997 DATE OF POSSESSION: 30 days after closing CREDIT PURCHASER CREDIT SELLER PURCHASE PRICE: $ 290, 500.00 EARNEST MONEY: 10,000 .00 FIRST MORTGAGE: Chase Manhattan: 2/20/97 137,737 .84 INTEREST: 2/21-3/5/97 13 days X $31.47 409.11 FEDERAL EXPRESS: 15.00 Certified Survey Co. R.E.TAXES: 1996 1st Instl Paid:$ 1,897.12 TAXES: 1996: 2ND INSTALLMENT ($3,794.24 X 105%-$1897.12) _. 2 ,086. 83 1997 TAXES: 1/1/97-3/3/97 $ 10.91 x 62 days 676.42 STATE TRANSFER STAMPS 000.00 COUNTY TRANSFER STAMPS 000.00 TITLE INSURANCE: 520.50 520.50 RECORDING RELEASE FEES: 27.00 27.00 CTI ESCROW CLOSING CHARGE 130 .00 130.00 POSSESSION ESCROW, Frank R. Camodeca, escrowee 2,905 .00 REIMBURSEMENT TO SELLER FOR APPRAISAL 265.00 ATTORNEYS FEES & ADVANCE COSTS: FRANK R. CAMODECA 982.07 550 .00 ($550.00+$432.07) CASH TO BALANCE: 136,502 .73 TOTAL 291 ,992. 50 291 , 992 . 50 PARTIES AGREE TO REPORATE THE TAX PROVISION OF THE CONTRACT WHEN THE 1996 REAL ESTATE BILL IS AVAILABLE ACCEPTED ACCEPTED (.5( • mot/ ` V( '/ ! /1172S4e. •B-k-e-Aitt_ e;t)^. $.4ta&F v 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 July 13, 1998 Personal and Confidential Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053-2985 Attn: Larry N. Arft, Village Administrator In re: Village of Morton Grove v. Oak Brook Bank (Admiral) Dear Larry: As you know, we have resolved and settled the Admiral Oasis case. Accordingly, enclosed please find the following: 1. Final Judgment Order that was entered in the case of the Village versus the Oakbrook Bank, case No. 96 L 51208, which shows the agreement concerning compensation between ourselves and the Defendant, Oak Brook Bank, and their mortgagee. Please note that the Final Judgment Order was entered on July 9, 1998, by Judge White, and recites the amount of compensation and the fact that the sum of money that was awarded by the court to the owner, or owners of the party in interest, is in full final and just compensation to the owner or owners. Please take notice that the Order provides for the court to retain jurisdiction of this cause for the purpose of enforcing the terms of this Final Judgment Order including our right to peaceful possession of the subject property. 2. The original signed Settlement Agreement by and between the parties to this litigation which in effect provides the details of the Settlement Agreement between the parties and covers various matters such as providing the Village with a detailed list of all weekly and monthly tenants occupying the premises and provides for a transition period for the limited purpose of managing the premises. In addition it provides for facilitating the relocation of all weekly and monthly tenants. It covers the anticipated and receipted operating expenses which the Village must reimburse the owners for as well as details regarding facilities, housekeeping, maintenance and repairs. Law Offices of �, Gabriel S. Berrafato & Associates Further, it provides that the owner has the responsibility of relocating all of the residents and to turn over the possession of the premises when this is accomplished. In addition, it provides that the Village will be allowed unrestricted access to the premises to oversee the performance by the owner. In the event that this Agreement is not performed according to the Agreement, then the Village shall have the option to reduce the transition period and take over the possession of the premises. One last item is that the parties agreed not to release any information concerning the acquisition of the property, until it becomes "public knowledge. " Obviously, the term "public knowledge" was an agreed term, which intended to mean when it was known to the public generally, then the information could be released. Again, this was a �. very sensitive point between the parties which may have delayed or stopped the complete resolution of the acquisition and certainly was intended to allow for a more orderly and voluntary relocation under all circumstances. 3. The receipt that was to be obtained regarding payment of funds for relocation cost. 4. A certificate of insurance showing that the Village was named as an additional insured under the insurance of the owner. Please note that any disputes between the owner and the Village, would be in effect mediated or arbitrated by the attorney for the owner and myself. If you should require anything further please don't hesitate to call. V- . ruly yours, ;RIEL S BERRAFATO • 'oration Council /ck enclosures cc: Carl A. Gigante, Figliulo & Silverman - 2 - LAW OFFICES FIOLIULO & SILVERMAN A PROFESSIONAL CORPORATION TEN SOUTH LASALLE STREET SUITE 3600 CHICAGO.ILLINOIS 60603 TELEPHONE (312)251-4600 Carl A. Gigante 1312) 251-5282 FACSIMILE (312)251-4610 July 9, 1998 Calvert J. Gordon 30 North LaSalle Street Suite 2024 Chicago, Illinois 60602 Re: Village of Morton Grove v. Oak Brook Bank Trust # 2068 Settlement Agreement- Case # 96 L 51208 Dear Mr. Gordon: Based upon several meetings between yourself and Mr. Berrafato it is my understanding that this letter represents the final terms of the settlement agreement between your clients Jack Gore, the beneficiaries of Oak Brook Trust #2068, the Admiral Oasis Motel, Ltd. and the Admiral Efficiency Apartments hereinafter collectively referred to as the "Gore Parties" and the Village of Morton Grove hereinafter referred to as the "Village". 1 . The Parties will execute a Final Judgment Order in the form attached hereto as Exhibit "A". 2. In consideration of the obligations undertaken by the Gore parties as set forth herein and for the acquisition of fee simple title to the property legally described in the Final Judgement Order, the Village agrees to pay to the Gore Parties the total sum of $3,250,00Q00 ("Agreed Compensation"). 3. Upon entry of the Final Judgment Order, the Gore Parties will immediately move to dismiss their appeal in case number 98-1479 pending in the Illinois Appellate Court. LAW OFFICES FIGLIULO & SILVERMAN Calvert J. Gordon July 9, 1998 Page 2 4. Concurrently upon the entry of the Final Judgement Order, the Gore Parties will provide the Village with a detailed list of all weekly and monthly tenants occupying the premises. The list will include the dates of commencement for all tenancies along with a brief description of the tenant and any family members or other non-related members occupying the room with the tenant. The list should identify room numbers with the tenants and shall include the current weekly and monthly rental amounts. 5. Within 72 hours after withdrawal of the Agreed Compensation, the Motel will accept no new guests; that is, the motel will only service the existing daily, weekly and monthly rentals and no new hourly, daily, weekly or monthly rentals will be allowed. 6. The Gore Parties will continue to occupy the premises for ninety (90) days ("Transition Period") from the date of the entry of the Final Judgement Order. The occupancy during the Transition Period will be for the limited purpose of managing the premises, and facilitating the relocation of all weekly and monthly tenants. The Village will pay the Gore Parties: 1 ) documented and receipted operating expenses which occur during the Transition Period in an amount not to exceed $25,000.00 per each 30 day period; 2) documented and receipted expenses associated with relocation of certain tenants under the terms and conditions as set forth in paragraph seven below. During the Transition Period utilities and basic housekeeping will continue, however, repairs will only be made following the preapproval of the Village unless such repairs are less than $200.00 in the aggregate. 7. The Gore Parties warrant and represent that they will undertake the responsibility for lawfully and peacefully facilitating the relocation of all weekly and monthly tenants who remain in the premises during the Transition Period. The Village will reimburse the Gore parties for all documented expenses associated with relocation under the following conditions: 1 ) any such reimbursement shall be for only those weekly and monthly tenants who have been in continuous occupancy of rental units at the Admiral Oasis Motel or the Admiral Oasis Efficiency Apartments on or before June 1 , 1996; 2) unless the LAW OFFICES FIGLIULO iSZ SILVERMAN Calvert J. Gordon July 9, 1998 Page 3 Village expressly consents otherwise, such reimbursement shall not exceed the lesser of $1 ,200 per unit or twice the current rental paid by existing tenants (two weeks for weekly, two months for monthly tenants). Gore parties to be reimbursed bi-monthly. 8. The Gore parties shall provide the Village with any and all notices to vacate sent to all weekly and monthly tenants. The Gore Parties agree to undertake any legal action(s) necessary to evict any holdover tenants. In addition, during the Transition Period, the Gore parties will regularly notify the Village as to the units that have been vacated and shall immediately cause them to be closed permanently. 9. At the expiration of the Transition Period the Gore Parties are to immediately cease all transition operations and they are to deliver immediate possession of the premises. At the time that Gore Parties deliver possession, the Village will pay the operating expenses as set forth in paragraph six. Gore Parties may remove all personal property. 10. The Village will be allowed unrestricted access to the premises (individual occupied rooms exempted) immediately upon the deposit of the award to make such inspections as are necessary to verify the condition of the premises, conduct environmental analysis, prepare for the demolition process or to secure any unoccupied units. During the transition period, Attorneys Berrafato and Gordon shall oversee the Gore parties' performance and if determined that no progress is being made, then and in that event, the Village shall have the option, to reduce the Transition Period and the Gore parties shall vacate the premises immediately thereafter and shall turn over to the Village all records concerning the status as to the current occupancy of the premises and any efforts to relocate or evict existing or holdover tenants. 1 1 . The Gore Parties shall list the Village as an additional named insured on their insurance coverage. 12. In the event that a conflict arises in connection with this agreement LAW OFFICES FIGLIULO & SILVERMAN Calvert J. Gordon July 9, 1998 Page 4 then and in that event, attorneys for the Village and owner shall arbitrate said issues. If the terms contained in this letter accurately reflect the parties agreement, please note your approval below and return it to the undersigned at your earliest opportunity. Very truly yours, r Carl A. Gigan — Dated: l / 59r APPR D AND ACCEPTED: � � at — aloe - - . Ga Attorney fo t - ore Parties THE PARTIES HERETO AGREE NOT TO RELEASE ANY INFORMATION CONCERNING T 'CQUISITION OF THE S PROPERTY UNTIL IT BECOMES PUBLIC • DGE ■, wI_� t�'..__ c -!' iig•riel S. :errafato, age Attorney, Villag- of Morton rove `. d, �� ' U IN THE CIRCUIT COURT OF COOK COUNTY COUNTY DEPARTMENT, LAW DIVISION THE VILLAGE OF MORTON GROVE, a home rule ) unit of government and Municipal Corporation, ) ) Plaintiff, ) ) v. ) No. 96 L 51208 ) OAK BROOK BANK, as trustee under trust ) CONDEMNATION agreement dated January 19, 1988 and known ) as trust number 2068, OAK BROOK BANK as ) JUDGE WHITE Mortgagee, and UNKNOWN OWNERS, ) ) Defendants. ) FINAL JUDGMENT ORDER This matter coming on to heard upon the Complaint for Condemnation of the Village of Morton Grove, a home rule unit of government and Municipal Corporation, for the ascertainment of just compensation to be paid for the taking of fee simple title by Plaintiff of the real property described herein and in the Complaint to Condemn ("Subject Property"). All parties Defendant herein have been served with process and in the manner and form provided by statute. The Village has appeared by Gabriel Berrafato, Corporation Counsel, and Figliulo & Silverman, P.C., Special Attorneys; Defendant, Oak Brook Bank as trustee has appeared by Calvert J. Gordon; Defendant Oak Brook Bank as mortgagee has appeared by James E. Dahl & Associates. No other party or Unknown Owners have appeared in this suit. The Court, having lifted all stay orders previously entered in this suit, has jurisdiction of all the parties to this suit and the subject matter thereof. All parties having an interest herein are before the Court and have waived a jury. The Court has been advised that the parties have entered into an agreement concerning just compensation and other matters fully resolving this suit. Specifically, the Court has been advised that the parties have agreed that the sum of THREE MILLION TWO HUNDRED AND FIFTY THOUSAND DOLLARS AND NO/100 CENTS, ($3,250,000.00) inclusive of interest, constitutes full, final and just compensation for the taking of fee simple title to the Subject Property. Now being fully advised in the premises, the Court finds that the amount to be paid by Plaintiff as just compensation to the owner or owners of and party or parties interested in the Subject Property, as to which Plaintiff seeks to acquire fee simple title is as follows: To the owner or owners of and party or parties interested in the Subject Property legally described as follows: Parcel 1: Lots 14 and 15 in First Addition to Mills Park Estates, being Mills and Sons Subdivision in Section 18, Township 41 North, Range 13 East of the Third Principal Meridian, According to the Plat thereof �.. 2 registered in the Office of the Registrar of Tides in Cook County, Illinois, as Document 1468919 Parcel 2: Lots 14, 15, 16 and 17 in Second Addition to Mills Park Estates, being Mills and Sons Subdivision in Section 18, Township 41 North, Range 13 East of the Third Principal Meridian, according to the Plat thereof registered in the Office of the Registrar of Titles, Cook County, Illinois, as Document 1468920 Parcel 3: Lots 14, 15, 16, 17, 18, 19 and 20 in Third Addition to Mills Park Estates being Mills and Sons Sub- division in Section 18, Township 41 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois as full, final and just compensation inclusive of any interest, to the owner or owners of and party or parties interested in the Subject Property, for the acquisition of fee simple title to the Subject Property, for the improvements thereon and all personalty therein and for all private interests in public roads, streets and alleys which abut the Subject Property, the sum of THREE MILLION TWO HUNDRED AND FIFTY THOUSAND DOLLARS AND NO/100 CENTS ($3,250,000.00) and that said sum shall be deposited with the Cook County Treasurer within five business days from the date of the entry of this order. And the Court being fully advised in the premises, hereby orders that the sum of money herein awarded by the Court to the owner or owners of and party or parties interested in said real 3 property described herein and in the Complaint to Condemn is full, final and just compensation to the owner or owners thereof and party or parties interested therein for the acquisition of fee simple title to the Subject Property and judgment is herein entered accordingly. IT IS FURTHER ORDERED AND ADJUDGED that upon proof being made to this Court that Plaintiff has deposited the sum herein with the Cook County Treasurer, Plaintiff shall be authorized and empowered to enter upon and take possession of the Subject Property. Each side shall bear its own costs, expenses and attorneys fees. IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this cause for the purpose of enforcing the terms of this Final Judgment Order including Plaintiffs right to peaceful possession of the Subject Property; that each side shall bear its own costs, expenses and attorneys' fees; that there is no reason to delay the enforcement of or appeal from this Final Judgment Order; and that this cause be and is hereby removed from the trial calendar. Dated: E r Judge Amer AIfxAIM P. WI1ITF Carl A. Gigante Figliulo & Silverman, P.C. JUL u 9 1998 10 S. Suite 3600a11e Street Circuit Court-24'1 k� Chicago, Illinois 60603 312/251-4600 I.D. #34435 N:ICUEN S1117.I'PLEADONN9' O 4 Approved ac to form and ont nt VILLAGE OF MORTON GROVE OAK BROOK BANK, as Trustee under trust agreement dated January 19, 1988 and known as trust number 2068 'e By: J1/ By: . �6L-.. Carl A. Gigante . vert J. G• OAK BROOK BANK, as Mortgagee By: eE 1 One of Its Attorneys 5 ADMIRAL OASIS MOTEL 9353 WAUKEGAN ROAD MORTON GROVE, IL 60053 Phone 847 965 4000 THE UNDERSIGNED OCCUPANT OF ROOM # ACKNOWLEDGES RECEIPT OF $ , FOR MOVING EXPENSES. DATE: JULY , 1998 SIGNATURE: (Print Name) ' O .�t [ � t i A CRD m t.... hC 11 ti L ' 1 i 1 Y 1\• ` wJi h i't ' 1' d DATE(NM4Tcswm=x..r ..r'd.-. u. . :v �, .su. s e_� r ,- s' ..y p .��_: I v , +s � § 07/09 /98 PRODUCER H&HI CERTIFICATE IS RIGHTS MATTER THEI I TION CERTIFICATE s.Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1515 Chicago Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. � Evanston.IL 60201-0000 COMPANIES AFFORDING COVERAGE 847-866-7400 COMPANY A UNITED CAPITOL INSURANCE CO! INSURED COMPANY ADMIRAL OASIS MOTEL C/O JACK GORE,E B 1118 N.STATE PARKWAY COMPANY CHICAGO L 60610-0000 — ; I COMPANY aI•>~ T — an"-"- 7in 'V-ISO�r:27177-44-- � '- :'Y ^r1 D ...o x 7?+ _- .. . ,. - I .yt At , a a- .-^",^--rte -a'. --�,. THIS IS TO CER FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE •LICY PERIOD INDICATED, NO THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RES'ECT TO WHICH THIS CERTIFICATE V BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR I TYPE OF INSURANCE POUCY NUMBER DATE flIWOC/ Y) DATE IMMRIO/YY) UNITS GENERAL LIABILITY GENERAL AGGREGATE 15 5,000.000 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG j S 1,000,000 A �T CLAIMS WOE 1 I iii!OCCUR GLA1250371 07/01/98 07/01/99 PERSONAL It ADV INJURY I S 1,000,000 !T OWNER'S s CC}NTRACTOR'S PROT I EACH OCCURRENCE S 1,000,000 J FIRE DAMAGE(Arty Pne Ike) 15 50,006 AUTOMOBILE LIABILITY MED EXP(Any one person) S EXCLUDED m ANY AUTO COMBINED SINGLE LIMIT S m ALL OWNED AUTOS BO prawn)IM SCHEDULED AUTOS (Per on) 5 I.... HIRED AUTOS BODILY 7 NON-OWNED AUTOS (Per INJURY $ Ill /Per aceeent) — I... PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ®ANY AUTO OTHER THAN AUTO ONLY ',..c.)24 1‘14M Um 14i�,*''r i I EACH ACCIDENT S 1 AGGREGATE 5 EXCESS LIABILITY EACH OCCURRENCE 5 ❑ UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM $ WORRERS COMPENilAT,ON AND 1 I I TCMN LIMITS I I._II ER xry +iM.Ic'"E y_.1111;;11 .•-' EMPLOYERS'LIABILITY , EL EACH ACCIDENT 5 THE PROPRIETOR/ i i *JCL PARTNERS/EXECUTIVE CL - EL DISEASE-POLICY LIMIT i OFFICERS ARE , EXCL EL DISEASE-EA EMPLOYEE $ OTHER A PROPERTY GLA1250371 07/01/98 07/01/99 ,640,000 DESCRIPTOR OF OPO RATION SILOOATIONSNEHICLESISPECIAL?TEMS - INSURED PROPERTY LOCATION: ADMIRAL OASIS MOTEL,9323-53 WAUKEGAN ROAD,MORTON GROVE,IL 60053 ERTIFICATE ROLDER IS ADDITIONAL INSURED. i 1 22 ∎ ,-, '.t KI:V; a ' -L :8 ..- "'",„-.V _ - SHOULD ANY OF TIE!ABOVE DESCRIBED POLICIES BE CAN CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL EI!DEAVOR TD MAIL 30 DAYS WRRTEN NOTICE TO THE CERTFR:ATE HOLDER I MED TO THE LEFT, LACE OF MORTON GROVE !!ol CAPCILINA AVENUE WY FAILURE TO JUL SUCH NOTICE SHALL UAPOSE NO OBU I OR LIABILITY MORTON GROVE,IL 60053— OF ANY HI •, i• COMPANY, ITS AGENTS OR I REPRESENTATIVES, AUTHORIZED RIMS TINE • k 7, 14.7\1114:::t.,'m-,1x,1.°`:. fjT�4j;:, k7zt.311,,it �es t -{ .t.,. :4"-,l �I .a ` , tlt r u..n � .. _. . 2222 . ,.,.'4�..- Ali 1.222°1 a i e 7,.. No. 98-1479 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT, SIXTH DIVISION VILLAGE OF MORTON GROVE, ) Appeal from the Circuit Court of Cook County, Plaintiff-Appellee, ) CountyvDep tment, ar vs. ) No. 96 L 51208 OAK BROOK BANK, as Trustee, ) ; et al. , ) Alexander P. White ) Presiding Judge Defendant-Appellant. ) MOTION TO DISMISS APPEAL Defendant-Appellant, OAK BROOK BANK, as Trustee under Trust Agreement dated January 19, 1988 and known as Trust No. 2068, by CALVERT J. GORDON, its attorney, hereby moves this Court for an Order dismissing this appeal. In support of its motion, Defendant- Appellant, states as follows: �r. CO 1. That all matters in controversy have been "settled and disposed of by the parties . 2 . That there are no issues left to be resolved bx,thisr Court. 3. Plaintiff-Appellee is in favor of this motion. WHEREFORE, Defendant-Appellant hereby requests that this Court dismiss these proceedings. Dated: July 4c , 1998 Respectfully submitted, OAK BROOK BANK, as Trustee under Trust Agreement dated January 19, 1988 • • known as Trust No. 2068 By: . 1 , 1611Se At , neyf• • Andant-Appellant STATE OF ILLINOIS ) SS. COUNTY OF COOK ) I, CALVERT J. GORDON, an attorney, certify; that I served this MOTION TO DISMISS by mailing a copy to the attorney of record in this matter, as set forth below, at his respective address and depositing the same in the U.S. Mail at 30 North Lq alle Street, Chicago, Illinois 60602, before 5:00 p.m. on July /r , 1998 with proper postage prepaid. Carl A. Gigante, Esq. Figliulo & Silverman 10 South LaSalle Street Suite 3620 Chicago, Illinois 60603 Under penalties as provided by law pursuant to 735 ILCS 5/1- 109 I certify that the statements set forth herein are true and correct. CAL' RT J. 4 . of CALVERT J. GORDON 30 North LaSalle Street Suite 2024 Chicago, Illinois 60602 ( 312) 726-3700 Attorney Code: 03970 -2- 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 July 23, 1998 Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053-2985 Attn: Larry N. Arft, Village Administrator In re: Village of Morton Grove v. Admiral Oasis Dear Larry: The funds were withdrawn on Tuesday, July 21, 1998. Also, please find a copy of a Motion to Dismiss in the above- referenced case which was entered on July 16, 1998. In addition, pursuant to our agreement, enclosed is a copy of a detailed list of all weekly and monthly tenants occupying the Admiral Oasis, showing their arrival date, the charges and the number of people involved, along with the room numbers, as per our agreement. I am checking further on relocation and the operation of the motel from this point on, and will report back to the Village. If you should require anything further please don't hesitate to call. Very truly yours, 41 GABRIE S. BERRAFATO .orpo ation Council /ck enclosures cc: Carl A. Gigante, Figliulo & Silverman Law Offices of FACSIMILE Gabriel 8. Berrafato Phone (847) 965-2233 8720 Ferris Avenue Morton Grove, IL 60053 Fax (847) 967-2388 The following pages are being sent y (including cover sheet) . TO: PAX NO. : ❑ Attn: Carl Gigante Figliulo & Silverman, P.C. 312 251 4610 ❑ Larry N. Arft Village Administrator 965 4162 ❑ Froa: ❑ Gabriel S. Berrafato Date: September 14, 1998 In re: Adding Name of Jack Gore's Wife, Beryls Gore To Our Agreement Cc atents t IMPORTANT: This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient. you are hereby notified that any dissemination. distribution or copying of this caiapication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the above address via the United States Postal Service. Thank-you. T0'd L SO:TZ 8661-VT-d3S Law Offices of Gabriel S. Berrafato 6- Associates 8720 Ferris Avenue Morton Grove,Illinois 60053-2843 Telephone(847)965-2233 Facsimile(847)967-2388 Gabriel S.Berrafaro Marc S.PortcF of Counsel September 14, 1998 THIS LETTER SENT VIA FAX (312 251 4610) ONLY Figliulo & Silverman, P.C. Ten S. LaSalle Street - #3620 Chicago, IL 60603 Attn: Carl Gigante In re: Adding Name of Jack Gore's Wife, Beryls Gore To Our Agreement Dear Carl: Enclosed please find a copy of the first page of your July 9th Letter of Agreement to Cal Gordon, concerning the Agreement. upon the request of attorney Gordon as well as Jack Gore, I have agreed to the addition of Jack Gore's wife name as a beneficiary of the Trust to assure the proper handling of the purchase and reinvestment of funds to the Gores. Please fax and hard copy the first page as indicated at your earliest convenience. If you have any problems or questions concerning the above, please advise. Very truly yours, ARAI Li/2 BERRAFATO /ck enclosure cc: Larry N. Arft, Village Administrator Jack Gore, c/o Admiral oasis arc! L SO:SZ 8661-71—d3S TEL: _ Sep 12,98 Ir:U6 NO .UU5 r.ui --,-,,,---Atns~-4Ind."- ...- . n.nL.JJwyin .tri!lp...4orscheroc4t,,,, ,,,,-,,,., :,• sernintammigillmiarett' ..:half.:''atiewtiks itue;::,■!;i:-I i .7. 4 t' c : 41/2 le .... .. -.Oil f mattatt -4'7 ' - 4 L'' • limn itAlt tiqtyclica weasio .::• : • TO: Mt CIAINUEL SPARAFATO COM PANY: 11/210ATON GROVE ATTORNEY ItecatviNG FAX#: 847404$*T': .r.' i... VOICENUNMER: 847,9654140. • ',. . - , casino'Mart I 474154162 • AM , _. • ADDING areRn s Ss To ISIS iterrxEmetir AGREEMENT(NA TSEDANONEAr STYLE AS iT 'novo NAVE DiallatilINTIff FIRST INSTAfICE, ALS SHE WAS IN FA0411010117tiesuir OF ingtair atirrifiNO LESS THAN THAT-Livia NAVE irou—fo . ...... szmaflMWDWiJThTflPS ,. jacK It 60W-ona mte o 0 1141-96141iigl . , .4:.: ,,..,..... ., roc puma* 30-96141L1 s SMRAMMUSSAOLCOM &Mat/IMAMS . tainnianow . . . . . . . mit salentas saci steonuence4;Ople '.4CiatIngi 1 We ran earomenths. ale nava=catiraLlle Awn IF Tal MS NOTTME nap ItECIMENT,01 11NE EMFLOTIM OE MEW AND REVONNELILIO DELMEZOTTOME . . Mat an Dactaasa. pornaana anima litlinillita TM TAIONENra RUM FE MESS ON TIM COMIDISS OF TEM MRS=IE IN ERROR,FOAM seamisnaN tiOrre is sr istartmaYncentillaso IlicArasolaiLlitvillarifitt lattaljaetnataucutua.maws Ea vicabetas fanairocemsamocostroyettwvompt,ru.sstragnop, ■..- , . , . 440!!;. 4.::-...••:., -kiraathen gc • ;:1:41::,:.;:?,4 lit .,..r, ,: tr:-: , . lit!it :"< : ,'' . t• :..4. ,,,1,,,,tiu:1:;10:,,ic hi:iii:: 20'd L 90:T? 866T-PT-d3S 170d 1H101 • LAW OFFICES FIcn rrrr O a SILVERMAN •PRORESSIONAL CORPORATION TEN SOUTH LASALS r STREET SUITS 3500 CHICAGO.ILLINOIS TICLIGNIONE 13121 251••600 0611 A.agenurs FACSIMILE 13121 251-5282 t31131.31-4410 July 9, 1998 Calvert J. Gordon 30 North LaSalle Street Suite 2024 Chicago, Illinois 60602 Re: Village of Morton Grove v. Oak Brook Bank Trust # 2068 Settlement Agreement- Case # 96 L 51208 / Dear Mr. Gordon: Pip a r at! s. G0 R E , Based upon several meetings between ourself and Mr. Berrafato it is m understanding that this letter represents `i l rrrinsenf h settleme agreement between your clients Jack Gore, ne eflclanes falak Brook T #2068, the Admiral Oasis Motel, Ltd. and the Admiral Efficiency Apartme hereinafter collectively referred to as the "Gore Parties" and the Village of Morton Grove hereinafter referred to as the 'Village". 1 . The Parties will execute a Anal Judgment Order in the form attached hereto as Exhibit 'A". 2. In consideration of the obligations undertaken by the Gore parties as set forth herein and for the acquisition of fee simple title to the property legally described in the Final Judgement Order, the Village agrees to pay to the Gore Parties the total sum of S3,250,0001p0 ("Agreed Compensation"). 3. Upon entry of the Final Judgment Order, the Gore Parties will immediately move to dismiss their appeal in case number 98-1479 pending in the Illinois Appellate Court. b0'd L 90:TZ 866T-7T-d3S Can 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. Berrafaro Marc S.Porter,of Counsel September 18, 1998 Jack Gore c/o Admiral Oasis Motel 9353 Waukegan _ ,-, Morton Grove, IL 60053 IN RE: Amendment to the First Paragraph of the Settlement Agreement, Case No. 96L51208 Dear Jack: Pursuant to your request, please find enclosed an original first page of the Agreement dated July 9, 1998, wherein we have added your wife, Beryl B. Gore to the paragraph as a beneficiary of Oak Brook Trust, No. 2068. Please substitute this page in lieu of the previous first page and if you have any questions, please call. Very truly yours, GABRIEL S. BERRAFATO /ck enclosure cc: Ils3rry N. Arft, Village Administrator (with enclosure) Calvert J. Gordon (with enclosure) LAW OFFICES FIGLIULO SL SILVERMAN A PROFESSIONAL CORPORATION TEN SOUTH LASALLE STREET SUITE 3600 CHICAGO.ILLINOIS 60603 TELEPHONE (3121251-4600 Carl A. Gigante (312)251-5282 FACSIMILE 13121 251-4610 July 9, 1998 Calvert J. Gordon 30 North LaSalle Street Suite 2024 Chicago, Illinois 60602 Re: Village of Morton Grove v. Oak Brook Bank Trust # 2068 Settlement Agreement- Case # 96 L 51208 Dear Mr. Gordon: Based upon several meetings between yourself and Mr. Berrafato it is my understanding that this letter represents the final terms of the settlement agreement between your clients Jack H. Gore and Beryl S. Gore, the beneficiaries of Oak Brook Trust #2068, the Admiral Oasis Motel, Ltd. and the Admiral Efficiency Apartments hereinafter collectively referred to as the "Gore Parties" and the Village of Morton Grove hereinafter referred to as the "Village". 1 . The Parties will execute a Final Judgment Order in the form attached hereto as Exhibit "A". 2. In consideration of the obligations undertaken by the Gore parties as set forth herein and for the acquisition of fee simple title to the property legally described in the Final Judgement Order, the Village agrees to pay to the Gore Parties the total sum of $3,250,000.00 ("Agreed Compensation"). 3. Upon entry of the Final Judgment Order, the Gore Parties will immediately move to dismiss their appeal in case number 98-1479 pending in the Illinois Appellate Court. y O 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 October 31, 1998 THIS LETTER SENT VIA CANNONBALL MESSENGER SERVICE STORINO RAMELLO & DURKIN 9501 W. Devon, 8th floor Rosemont, IL 60018 Attn: Nicholas S. Peppers IN RE: Redevelopment A - Admiral Oasis Site Dear Nick: Pursuant to your request, enclosed please find the following: 1. Three (3) Plats of Survey prepared by Samborski, Mattis, Inc. concerning the south building of the Admiral Oasis and also shown as Order No. 258-98B, which includes the two residential sites to the east of the property. 2. Three (3) Plats of Survey prepared by Samborski, Mattis, Inc. showing the north building of the Admiral Oasis and shown as Order No. 258-98A. 3. A copy of the Plat of Vacation prepared by Samborski, Mattis, concerning the south building of the Admiral Oasis and the two residences, the original of which has been delivered to the Chicago Title Insurance Company, attention Bob Johnson, with the date down order on the entire property in question, including the residential sites. 4. A copy of the Plat of Easements prepared by Samborski, Mattis concerning the south building of the Admiral Oasis and the two residences. 5. A specific Grant of Easement to Northern Illinois Gas. 6. The project manual, first page only, along with appendix No. I and II from Carnow, Conibear and Associates Limited, regarding the asbestos removal at the Admiral Oasis Motel. Law Offices of Gabriel S. Berrafato & Associates page 2 October 30, 1998 7. A copy of the original Minutes of Foreclosure, as Order No. 76163618K. 8. A copy of the confirmation regarding the new order showing the Buyer to be T.T.C. Norton Grove Limited partnership, under Chicago Title Insurance Order No. 1409 007775978. The tanks were removed yesterday, October 29, 1998, and the final report on this has not been prepared! While dictating this letter, I received a call from Bob Johnson, at Chicago Title regarding the question of the error in the certification of the surveyor on the Plat of Easement, which we are having corrected this date. I hope and trust that this answers most of your questions to date. When the new title report comes out and the recorded Plats are available, I will get them to you. If you have any additional questions, please call. Very truly yours, GABRIEL S. BERRAFATO /ck enclosure cc: Larry N. Arft, Village Administrator (letter only) -6.rkrif;. ' Village of 0Vlorton grove Office of the Corporation Counsel Direct Telephone 847/965-2233 Direct Fax 847/967-2388 December 17, 1998 STORINO RAMELLO & DURKIN 9501•IW. Devon, 8th floor Rosemont, IL 60018 Attn: Nicholas S. Peppers IN RE: Closing Letter concerning the acquisition of the property formerly known as the Admiral Oasis Property:. Two residential sites adiacent 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" . Pursuant to the redevelopment agreement, the Village of Morton Grove does hereby certify, warrant, indemnify and hold the developer, The Taxman Corporation and/or TTC Morton Grove Limited Partnership as and for the following conditions: 1. There are no materials, in or under the redevelopment site "A", which, at the time may be defined as hazardous substances, under Section 101 (4) of the Federal Comprehensive Environmental Response, Compensation and Liability Act as amended from time to time; and 2. That there are no underground storage tanks or areas, or unregulated fill, on or under all or any portion of redevelopment site "A" . These representations are being remade as of December 18, 1998. 3 . These representations are made pursuant to the obligations of the Village of Morton Grove under the redevelopment agreement for area "A" , dated June 10, 1996. ■-- 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 t4 Village of oVlorton 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 requirements of said redeveloment agreement and to facilitate the closing or 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 enc. 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 v VC. 944 a, Village of cWlorton grove 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 acauisition of the property formerly known as the Admiral Oasis Property: Two residential sites adiacent 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 yR& Tel: (847) 965-4100 • TDD (847) 470-5249 • Fax: (847) 965-4162 Village of&Viorton 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 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 Tide", 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 mstruments, 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 N0/100 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 TIAGR 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(or 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 dli hanng,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 dedurring 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. nwoax 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 A.D.19 • its Secretary and has its corporate seal to be hereto affixed this day of b A.D.19 . (SEAL) Address: BY: • ,n eiliill a. OVI f President A O61a/11 10.v o tSFL C/o GABRIKL S. BERRAPATO 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 TIAGR3 MDM Trust,Indemnity and Security Agreement 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. TISAGIXA a _S--/ IDCHICAGO 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 3300,000.00 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,FIRFTA 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 named Buyer and Seller. /� VI it ® f- �WAOitN ITeOle /C- Buyer Seller , / - 4. Buyer St- • a B CERTIFICATION OF NONFOREIGN STATUS ° P •fat^ E. 2- (Individual) Section 1445 of the Internal Revenue Code provides that a transferee (bur)of a U.S.real property interest must withhold tax if the transferor (seller)is a foreign person. To inform the transferee(buyer)ttMt withholding of tax is not required upon my disposition of a U.S.real property interest. I, Intl t a (r e��■. R(}h F certify the following: V ame orTrwkro 'w—..., 1. 1 am not a nonresident alien for purposes of U.S.into a taxatio 2. My U.S.taxpayer identifying number is 1 4 ' Lem A D 7 ;and Senn N 1 / 3. My home address is /,o ) o-n (rfaµ i af,t� r "nie--od 6-Re ILL (c oovr3 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 complete. p Dated: I ).,If €19r Wit it 0 4A-a1r+n ((toIA ') (Signature of Seller) fit' __s_ ° w4��_�..._,4!�• (Signature of Sc r) r. LE CERTIFICATION OF NONFOREIGN S S 0.-P 2 ` - It 4c (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 that withhold apg of tax is not required upon the disposition of a U.S.real property interest by t n. F i'f 1 e) n ft 1/ e—Ra U FE ,the undersigned hereby certifies the following on behalf of (Name of Transferor) (Name e of Transferor) ,1 1. (Pr i i C f Mn a A/ get)V e is not a foreign corporation,foreign partnership,foreign trust,or foreign (Name of TnaaeFrur) estate(as those terms are defined in the Internal Revenue Code and Income Tax Regulations): 2. Y,lri I 0 P M t J! Qt D t/ f 's U.S.employer identification number is 6—6 a 0 401 and sic- otT nor) n 3. kilt D f Ifl% o fs� At 1�Q0 ✓ L understands that this certification maybe 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 Ty knowledge and belief' is true,correct and complete, and I further declare that I have the authority to sign this document on behalf of /n' 1 n f W.t n A RO ' (Na. •f ■ .r) �j Dated: / --J-1 t �1 C .•• ' • / e r era . � ( n u ) /' (Mk) D INSTRUCTIONS REGARDING THE WITHHOLDING OF TAX ON DISPOSITIONS OF UNITED STATES REAL PROPERTY INTERESTS You have informed us that effective January 1,1985,the Internal Revenue Code was amended by adding new Section 1445 which requires the transferee to deduct and withhold a tax equal to 10 percent of the amount realized on the disposition of a United States Real Property Interest by a foreign person; that the transaction that is the subject matter of this escrow may fall within the requirements of Section 1445;and that we should independently contact our lawyer or tax advisor to determine how to proceed under the circumstances. We have elected to deal with the applicability or non-applicability of Section 1445 outside of the escrow,and therefore instruct you that you should not concern yourself with the application of Section 1445 to reis transaction. 1/21 I 6 F two rt6 4 O R° 6- Buyrr seller f '� fir' • !�� rs.AA .S Buyer Seller t /� Pr / ri rr F coR lP \Ynu1,' E` • . .. ... . © CHICAGO TITLE INSURANCE COMPANY STATEMENT REQUIRED FOR THE ISSUANCE OF ALTA OWNERS AND LOAN POLICIES Comm!tment No. Loan No. Date 9 9"i / Yl F- 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 orbuilding(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„ ,,,,t ' e. 2. That all management fees. if any.are fully paid.except the following: 3. That there are no unrecorded security agreements.leases,financing statem�,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: ` 4. That there are no unrecorded contracts or options to purchase the lan�d,except the following,if any: 5. That there are no unrecorded leases,easements or other ervit servitudes to which the land or building.or portions thereof, are subject. except the following, if any: •f O 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 troth 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 orotherwise 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.) zt:eme..t fer the purpose of inducing Chicago Title Insurance Company to issue its The undersigned'aaRes,�;e a:...... ..:..._......, . ,..., owners or loan policy pursuant to the above commitment. Se eror ner Purchaser gr) iA/ (Seal) (Seal) Aeest V it or �ti�. A reo .E ea. ._.. A _A.A.., (Seal) (Seal) CIERk , V`t91 of o •,f CRo✓E LENDER'S DISBURSEMENT STATEMENT The undersigned hereby certifies that the proceeds of the loan 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. • 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 :rein, all of the foregoing being hereafter referred to as "Future Policies or Commitments", either free and clear of all `.eention 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 title 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 in 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 ' fault in the performance of any of the terms,covenants,and-conditions hereof. 4OR 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 • its Secretary and has ca ed ifs corporate seal to be A.D.19 her o affixed this / )i-" Tay of A.D.19 g (SEAL) Social Security Number. Address: BY: •� 411 11r1 -ident (S ) Secretary Social Security Number: ADDR D.S. OF CORPORATION: Address: Accepted and Approved By: Date: (NAME) npract nun MDM Law Offices of Gabriel S. Berrafato & Associates _: t :..'— 8720 Fearis Avenue �. \t\ Orton Grove,ae,bs 60653-2843 - i cC1 o1Th(847)A65-2233 o` FacsLt' le(84--71967-2388 Gabriel S.Berrafato =-T" ' - Marc S.Porter,of Counsel December 21, 1998 Charles D. Collett Superintendent of Public Works VILLAGE OF MORTON GROVE 6101 Capulina Avenue Morton Grove, Illinois 60053-2985 IN RE: DISCLAIMER/WAIVER OF ANY RIGHTS TO THE NORTH EIGHT FEET And SOUTH EIGHT FEET (EXCEPT THE EAST FIFTEEN FEET) OF BOTH LOTS 13 IN THE EAST-WEST UTILITY EASEMENT TO THE REAR OF THE TWO RESIDENTIAL LOTS. EAST OF THE VACATED ALLEY AT THE ADMIRAL OASIS SITE Dear Chuck: Previously, we had requested the disclaimer or waiver of any rights to the north-south alley, east of and adjacent to the Admiral Oasis site. Since that vacation, it was brought to our attention that there also remained easement rights in the east-west utility easements to the rear of both residential sites. Accordingly, we have prepared an Easement Disclaimer for the Village which releases any and all rights to that utility easement, except the east fifteen feet which is the new fifteen foot easement dedication previously provided. It is unfortunate, but we need this additional Easement Disclaimer concerning that area. We are enclosing herewith the Easement Disclaimer which has attached thereto, Exhibit A, which shows the entire area and the easement that is being maintained as well as that part of the easement that is being released or disclaimed. Please review the enclosures and if you have any problem, please contact the undersigned or execute all copies of the documents enclosed and return to my office at your earliest convenience. Very ,ruly yours, 'ABRIE S BERRAFATO rporat' n Counsel lage of Morton Grove /ck enclosure (3 copies) cc: Nicholas Peppers (1 copy) / Larry N. Arft, Village Administrator (letter only) Law Offices of C Gabriel S. Berrafato & Associates 8720 Ferris Avenue Morton Grove,illinois 60053-2843 Telephone(847)965-2233 Gabriel S.Berrafato Facsimile(847) 967-2388 Marc S.Porter,of Counsel DEC 2 4 1998 December 21, 1998 'LLT�� `;; E-� L, -a- �` ComEd 1000 Skokie Boulevard Northbrook, IL 60062 Attn: Drew Zmolek, Customer Facility Engineer IN RE: DISCLAIMER/WAIVER OF ANY RIGHTS TO A NORTH EIGHT FEET And SOUTH EIGHT FEET OF THE TWO SUBDIVISIONS INVOLVED. REPRESENTING THE EAST-WEST UTILITY EASEMENT TO THE TWO LOTS 13. AS INDICATED IN EXHIBIT "A" Gentlemen: As per our discussion with Drew concerning the location of the ComEd service box on the east twenty two feet of the above east and west easement, please find enclosed an Easement Disclaimer which must be executed by your company, which waives or disclaims your interest in the north eight feet and south eight feet, except the east twenty-two feet thereof to protect the installation of your ComEd electrical box. This goes along with the previous relocation of all utilities on this particular site. For your convenience enclosed is a prepared Easement Disclaimer along with attached Exhibit "A" . Please have this Disclaimer executed and returned as soon as possible. If you have any questions, please contact my office. truly yours, Alp t ABRIEL • BERRAFA J serporation Co • e illage of Morton Grove /ck enclosure cc: Ruben J. Gomez, Design Supervisor Walter A. Janz, DPM Field Agent Nicholas Peppers Larry N. Arft, Village Administrator (letter only) Law Offices of Gabriel S. Berrafato & Associates CD - r 8720 Ferris Ave Msrtp ,Il - tic ` ' 7eiephone linois(847)60053 965-2233 2843 Facsimile(847)967-2388 Gabriel S.Berrafato _ Marc S.Posey of Counsel i.---� _ December 21, 1998 AMERITECH 2004 Miner Street Des Plaines, IL 60016 Attn: Susan E. Manshum, Engineer IN RE: DISCLAIMER/WAIVER OF ANY RIGHTS TO THE NORTH EIGHT FEET And SOUTH EIGHT FEET (EXCEPT THE EAST FIFTEEN FEET) OF BOTH LOTS 13 IN THE EAST-WEST UTILITY EASEMENT TO THE REAR OF THE TWO RESIDENTIAL LOTS. EAST OF THE VACATED ALLEY AT THE ADMIRAL OASIS SITE Dear Ms. Manshum: Previously, we had requested the disclaimer or waiver of any rights to the north-south vacated alley, east of and adjacent to the Admiral Oasis site. Since that vacation and waiver of rights, it was brought to our attention that there also remained easement rights in the east-west utility easements to the rear of both residential sites. Accordingly, we have prepared an Easement Disclaimer for AMERITECH which releases any and all rights to that utility easement, except the east fifteen feet which had been previously provided and in which in effect contains the area for relocation of all of the utilities necessary for the development of this site. It is unfortunate, but we need this additional Disclaimer concerning that area. We are enclosing herewith the Easement Disclaimer which has attached thereto, Exhibit A, which shows the entire area and the easement that is being maintained as well as that part of the easement that is being released or disclaimed. Please review the enclosures and if you have any problem, please contact the undersigned or execute all copies of the documents enclosed and return to my office at your earliest convenience. Very truly yours, GABRIEL S. BERRAFATO orporation Counsel illage of Morton Grove /ck enclosure (3 copies) cc: Nicholas Peppers (1 copy) Larry N. Arft, Village Administrator (letter only) +/ Law Offices of 0 Gabriel S. Berrafato & Associates !1 �- 8720 Ferris Avenue Morr(ii Grove,Illinois 60053-2843 Tene(847) 965-2233 !• % C �, %Facsimile,(84]) 967-2388 Gabriel S.Berrafato Marc S.Porter,of Counsel e December 21, 1998 a0" NICOR GAS 90 N. Finley Road Glen Ellyn, IL 60137 Attn: Tom Conway IN RE: DISCLAIMER/WAIVER OF ANY RIGHTS TO THE NORTH EIGHT FEET And SOUTH EIGHT FEET (EXCEPT THE EAST FIFTEEN FEET) OF BOTH LOTS 13 IN THE EAST-WEST UTILITY EASEMENT TO THE REAR OF THE TWO RESIDENTIAL LOTS. EAST OF THE VACATED ALLEY AT THE ADMIRAL OASIS SITE Dear Mr. Conway: Previously we had discussed with Ed O'Rourke of your company, our request for a disclaimer or waiver of any rights to the north-south vacated alley, east of and adjacent to the Admiral Oasis site. Since that vacation and waiver of rights, it was brought to our attention that there also remained easement rights in the east-west utility easements to the rear of both residential sites. Accordingly, we have prepared an Easement Disclaimer for NICOR which releases any and all rights to that utility easement, except the east fifteen feet which had been previously provided and in which in effect contains the area for relocation of all of the utilities necessary for the development of this site. It is unfortunate, but we need this additional Disclaimer concerning that area. We are enclosing herewith the Easement Disclaimer which has attached thereto, Exhibit A, which shows the entire area and the easement that is being maintained as well as that part of the easement that is being released or disclaimed. Please review the enclosures and if you have any problem, please contact the undersigned or execute all copies of the documents enclosed and return to my office at your earliest convenience. V-, ruly ,- L S. BE" ' ATO / ' orp••ration Counsel 1 •ge of Morton Grov: /ck enclosure (3 copies) cc: Nicholas Peppers (1 copy) Larry N. Arft, Village Admini\,trator (letter only) Law Offices of Lertyl 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 ��^ rt ^, December 21, 1998 , DEC 24 'e Mr. Mike Mattis lilt Samborski, Mattis, Inc. z..., , .M _ i.,J 4332 Oakton Street ------------------ Skokie, Illinois 60076 >__DT rn re: New ALTA Survey Prepared for the Admiral Oasis Site Dear Mike: Pursuant to our discussion had the other day, I will need an amended ALTA Survey on the above location to show the relocation of the existing utilities and of course the new ComEd service box which is now located on the east twenty-two feet of the easement - the east-west easement running between the two residential sites. In addition, the survey should show the other easements being waived - or not shown. (Incidentally, I have just requested those waivers. ) Because of the possible time delay, you cannot show all of the details on the ALTA Survey until I get the waivers back from the respective utilities and of course, the fact that all of the above ground utilities will be removed or relocated except for the north site. For your convenience, I am also enclosing herewith a copy of the diagrammatic sketch that was made for ComEd regarding the location of their lines on the south survey of the property. In addition, I think you should have the input of Chuck Collett of the Village's Public Works Department since the Village installed the conduit necessary to hold all the utilities on the south portion of the Admiral site and he knows the location of the underground conduit. After you have had a chance to review this, please call me. e 7-7 truly yours, G BRIE S. BERRAF /ck ■ enclosure cc: Larry N. Arft, Village Administrator Nicholas Peppers Chuck Collett, Public Works _ 'RO . IP . . .. LYoW5 S,QFwAiK oustm�4 Puy Emig ins EACH PIPE Ia' • AAA) CAP A« EAiDS cavbu Ir as-r4 r 1.S S la. . FROe, 5,wv tar% a: �9r %! r /PES esr }1t,n, fkop.RT I 'Ruh/ n4 LrrtiE a Rvti Fir a' 1 w€sr OF rASr 1 PRufl¢RTY Lade St- i Ilk c...... • becvwnrH ht,simt..C. Yet co li- Mr& ro pitorecr new Posy r sENVICE ENTRANCE mOCAT1ON SICErcN w1al¢5 Enc SENVICE STAnLW AGREEMENT°MirsK B.GKw l rn A,vb Mu Kc6.4 N Race_ By. W F/no IRK, Ion! it -64g I leit Nb4till4p I Nat 105008 I PAGE aOF 5 15-1111 845 0 Village of evlorton grove 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 adiacent 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 Tel: (847) 965-4100 • TDD (847) 470-5249 • Fax: (847) 965-4162 �� " ��• Village of c%orton 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: Ara f N. ARFT Vill-ge Administrator Village of Morton Grove /ck enclosure (exhibit "I") 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 �� trti; Village of Morton grove 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: 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" . Pursuant to the redevelopment agreement, the Village of Morton Grove does hereby certify, warrant, indemnify and hold the developer, The Taxman Corporation and/or TTC Morton Grove Limited Partnership as and for the following conditions: 1. There are no materials, in or under the redevelopment site "A", which, at the time may be defined as hazardous substances, under Section 101 (4) of the Federal Comprehensive Environmental Response, Compensation and Liability Act as amended from time to time; and 2. That there are no underground storage tanks or areas, or unregulated fill, on or under all or any portion of redevelopment site "A". These representations are being remade as of December 18, 1998 . 3 . These representations are made pursuant to the obligations of the Village of Morton Grove under the redevelopment agreement for area "A", dated June 10, 1996. 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 tal Sty, - Village of eblorton 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 requirements of said redeveloment agreement and to facilitate the closing or consummation of this transaction as above defined. If you should require anything further please advise. Very truly yours, e rhea By: AS/ N. ARFT +illage Administrator Village of Morton Grove /ck enc. 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 ‘4, FROM : MORTON GROVE LW CENTRE PHONE NO. : 847 967 2388 Dec. 10 1998 01:38PM P2 Law Offices of Gabriel S. Berrafato 6- Associates 8720 Ferris Avenue Morton Grove,Illinois 60053-2843 Telephone(847)965-2233 Facsimile(847)967-2388 Gabriel S.Berrafaro Marc S.Porter,of Counsel December 10, 1998 TNIS LETTER SENT VIA CANNONBALL MESSENGER SERVICE STORING RAMELLO & DURKIN 9501 W. Devon, 8th floor Rosemont, IL 60018 Attn: Nicholas S. Peppers IN RE: Environmental Site Assessment Concerning: Admiral Oasis Property Dear Nick: Pursuant to our discussion, enclosed please find the following environmental reports: O Report of Phase I, Environmental Site Assessment, concerning 9323-53 Waukegan Road, Morton Grove, IL 60053. O Report of Phase I, Environmental Site Assessment, concerning 6909 Lyons Street, Morton Grove, IL 60053. O ❑ Report of Phase I, Environmental Site Assessment, concerning 6910 Beckwith, Morton Grove, IL 60053. O Underground Storage Tanks Removal Summary Report, concerning 9323-53 Waukegan Road, Morton Grove, IL 60053; concerning 6909 Lyons Street, Morton Grove, IL 60053. ❑ Geophysical Survey, concerning parking lot located at 9323 Waukegan Road, Morton Grove, IL 60053. O Asbestos Building Survey Report, concerning 9323-53 Waukegan Road, Morton Grove, IL 60053. O Asbestos Building survey Report, concerning 6909 Lyons, Morton Grove, IL 60053 ; 6910 Beckwith Road, Morton Grove, IL 60053. FROM : MORTON GROVE LAW CENTRE PHONE NO. : 847 967 2388 Dec. 10 1998 01:39PM P3 Law Offices of Gabriel S. Berrafato & Associates page 2 December 10, 1998 ❑ J&P Recovery, Inc. , Report: concerning manifests, air sampling, ie: removal of all ACM's concerning 9323-53 Waukegan Road, Morton Grove, IL and two small houses behind complex. 0 K- Plus Environmental, Inc. summary report, concerning tank removal at 9323=53 Waukegan Road, Morton Grove, IL 60053. The certification on the north parcel, removal of the tanks, will be forthcoming next Tuesday, or Wednesday, December 15th, or 16th. However, we wanted to get these reports to you as soon as possible to satisfy your lender. Very truly yours, GABRIEL S. BERRAFATO /ck enclosure cc: Larry N. Arft, Village Administrator (letter only, by fax) . DEC-07-1998 17: 12 STORINO RAFELLO DURKIN 0473189509 P.04/05 PRE-POSSESSION AGREEMENT This Agreement("Agreement") made this Y�ay of December, 1998, by and between the Village of Morton Grove, an Illinois municipal corporation("Village")and TTC Morton Grove Limited Partnership, an Illinois limited partnership("TTC"), as assignee and successor in interest to The Taxman Corporation, an Illinois corporation("Taxman"). WHEREAS,the Village and Taxman entered into a certain Redevelopment Agreement dated June 10, 1996,as amended by Amendment Number 1 dated December 16, 1996 and by Amendment Number 2 dated August 10, 1998 (collectively the"Redevelopment Agreement"), for the property legally described on Exhibit A attached hereto and made a part hereof ("Property"); and WHEREAS, Taxman has assigned its right title and interest under the Redevelopment Agreement to TTC: and WHEREAS, the Village has experienced continuing delays in cleaning the Property of environmental contaminants and relocating various utilities to bring the property into timely developmental compliance fix the sale and closing to TTC ("Performance Obligations"), pursuant to the Redevelopment Agreement;and WHEREAS, however,TTC which has secured its financing for development of the Property and is prepared to close on the Property pursuant to the Redevelopment Agreement, as amended, desires to commence its initial development construction of the Property prior to the Village's ability to complete its Performance Obligations under the Redevelopment Agreement; and WHEREAS, the Village desires to allow TTC possession and occupancy of the Property, prior to completion of its Performance Obligations under the Redevelopment Agreement, subject to the terms and conditions contained herein. NOW,THEREFORE, in consideration of the covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Prescott. The preambles and covenants set forth above are an integral part of this Agreement and are hereby incorporated into and made a part of this Agreement. 2. Ent. The term of the Redevelopment Agreement, as referenced in subparagraphs 4(d)and 6 is hereby extended to and until January 31, 1999. 3. Pre-Possession. The Village hereby provides TTC pre-closing possession and occupancy of the Property on December 8, 1998, subject to the following terms and conditions: A. TTC provides a Certificate of Insurance naming the Village as an additional insured, with general and excess liability coverage. DEC-07-1998 17: 13 STORINO RANELLO DURKIN 8473189509 P.05-'05 B. TTC agrees to direct its contractor, agents and employees to conduct its development construction activities so as not to materially interfere with the existence and relocation of Property utilities, and to assist and provide access, and cooperate in the relocation of utilities. C. The Village agrees to indemnity and hold harmless TTC from any and all claims, liens, damages, costs and fees(including reasonable attorney's fees) of any and all kinds related to or in any way arising out of any environments liability or hazard existing on the Property. The Village agrees to diligently pursue to securing a No Further Remediation letter from the Illinois Environmental Protection Agency as soon as reasonably practical. D. TTC agrees to indemnify and hold harmless the Village from any and all claims, liens, damages, costs and fees(including reasonable attorneys' fees) of any and all kinds related to or in any was arising out of any personal injury or property damage (excepting the environmental indemnity provided by the Village in 3B above) related to TCC's development construction activities. E. TTC agrees not to suffer or permit the attachment of any mechanic's liens to be filed or otherwise asserted against the Property and will, within thirty (30) days, discharge same, upon commencement of filing of proceedings to adjudicate same, or contest same in good faith and posting with the Village such security or indemnify which will adequately cover said claim. F. In the event of a default by TTC under the Redevelopment Agreement, not otherwise cured, TCC agrees to substantially restore the Property to its condition, as existed, immediately prior to this Agreement. 4. Perfennsact.. Except as provided under this Agreement, the parties hereby affirm and ratify their respective rights and duties under the Redevelopment Agreement, as amended, which are to remain in MI force and effect. VILLAGE OF MORTON GROVE �� TTC Morton Grove Limited Partnership, an By: (JZiut;di SCa!%x-r%�� Illinois Limited Partnership By: Chitown Development, Ltd.; an Illinois corporation,its general partner By: The Taxman Corporation By: Nelab 17A8(pup)u*2ap.maeu .2- TOTAL P.05 DEC-07-1998 15:25 STORINO RRMELLO DURKIN e4r�1d9509 P.0c-e15 PRE-POSSESSION �.. AGREEMENT This Agreement ("Agreement")made this 5 day of December, 1998, by and between the Village of Morton Grove, an Illinois municipal corporation("Village") and TTC Morton Grove Limited Partnership, an Illinois limited partnership ("TTC"), as assignee and successor in interest to The Taxman Corporation, an Illinois corporation("Taxman"). WHEREAS,the Village and Taxman entered into a certain Redevelopment Agreement dated June 10, 1996, as amended by Amendment Number 1 dated December 16, 1996 and by Amendment Number 2 dated August 10, 1998 (collectively the"Redevelopment Agreement"), for the property legally described on Exhibit A attached hereto and made a part hereof ("Property"), and WHEREAS, Taxman has assigned its right title and interest under the Redevelopment Agreement to TTC; and WHEREAS, the Village has experienced continuing delays in cleaning the Property of environmental contaminants and relocating various utilities to bring the property into timely developmental compliance for the sale and closing to TTC ("Performance Obligations"), pursuant to the Redevelopment Agreement; and WHEREAS,however, TTC which has secured its financing for development of the Property and is prepared to close on the Property pursuant to the Redevelopment Agreement, as amended, desires to commence its initial development construction of the Property prior to the Village's ability to complete its Performance Obligations under the Redevelopment Agreement; and WHEREAS, the Village desires to allow TTC possession and occupancy of the Property, prior to completion of its Performance Obligations under the Redevelopment Agreement, subject to the terms and conditions contained herein. NOW, THEREFORE, in consideration of the covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Preambles. The preambles and covenants set forth above are an integral part of this Agreement and are hereby incorporated into and made a part of this Agreement. 2. Term. The term of the Redevelopment Agreement, as referenced in subparagraphs 4(d) and 6 is hereby extended to and until January 31, 1999. 3. Pre-Possession. The Village hereby provides TTC pre-closing possession and occupancy of the Property on December 8, 1998, subject to the following terms and conditions: A. TTC provides a Certificate of Insurance naming the Village as an additional insured, with general and excess liability coverage. . . DEC-07-1998 15:26 STORINO RRMELLO DURKIN 8473189509 P.03/85 B. TTC agrees to direct its contractor, agents and employees to conduct its development construction activities so as not to materially interfere with the existence and relocation of Property utilities, and to assist and provide access, and cooperate in the relocation of utilities. C. The Village agrees to indemnify and hold harmless TTC from any and all claims, liens, damages, costs and fees (including reasonable attorney's fees) of any and all kinds related to or in any way arising out of any environmental liability or hazard existing on the Property. The Village agrees to diligently pursue to securing a No Further Remediation letter from the Illinois Environmental Protection Agency as soon as reasonably practical. D. TTC agrees to indemnify and hold harmless the Village from any and all claims, liens, damages, costs and fees (including reasonable attorneys' fees) of any and all kinds related to or in any was arising out of any personal injury or property damage(excepting the environmental indemnity provided by the Village in 3B above) related to TCC's development construction activities. E. TTC agrees not to suffer or permit the attachment of any mechanic's liens to be filed or otherwise asserted against the Property and will, within thirty(30) days, discharge same, upon commencement of filing of proceedings to adjudicate same, or contest same in good faith and posting with the Village such security or indemnify which will adequately cover said claim. F. In the event of a default by TTC under the Redevelopment Agreement, not otherwise cured, TCC agrees to substantially restore the Property to its condition, as existed, immediately prior to this Agreement. 4. Performance.. Except as provided under this Agreement, the parties hereby affirm and ratify their respective rights and duties under the Redevelopment Agreement, as amended, which are to remain in full force and effect. VILLAGE OF MORTON GROVE TTC Morton Grove Limited Partnership, an Illinois Limited Partnership By: By: Chito Development, Ltd., an Illinois Corp. ion, its general partner By: 7 444 The T. u , .rporation By. �IL VrS 1 r o w - (Or- . NSP/sb 12/9E(pteposaaq)aab2\sgcanada -2- ,SENT BY:NEAR NORTH INSURANCE ;12- 8-98 ;11 ;10AN ; SALES-, 847 b74U23UUT 2/ 4 • " , ' PR•DUCER Serial*: 1740 '- I •• L LI G ,G • • 'I • -I'T • • NEAR NORTH INSURANCE BROKERAGE, INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 0-c N MICHIGAN AVE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ..„,_,fES 18,19,20 COMPANIES AFFORDING COVERAGE CHICAGO, IL 60611 - - - - ---- CONTACT: JOYCE INGRAM 312 280-7230 D052 D Ana SAFECO INSURANCE COMPANY INSURED TTC MORTON GROVE LTD. PARTNERSHIP AND COMPANY FEDERAL INSURANCE COMPANY THE TAXMAN CORPORATION 9933 LAWLER. SUITE 516 C SKOKIE IL 60077 — -- COMPANY D THIS IS TO GERTIFY'THAT -' '.-•• O SURANCE LISTED BELOW HAVE BEEN Iss D TO THE INSURED NAMED ABOT/r •- ' 1• I6"-rgi y i INDICATED,NOTWITHSTANDING ANY REQUIREMENT.TERM ON COMM I ION OF ANY CON I RACI Olt 01 HEN UOCUMENI WMI RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EPPECTIVE POLICY EXPIRATION UNITS CO - TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDNYI DATE IMMIDDIYTI LTR, GENERAL LIABILITY CP8911123M 8/2/98 8/2/99 GENERAL AGGREGATE S 2,000,00U A '' COMMERCIAL GENERALLIABILTY ADDITIONAL INSURED -PRODUCTS-coMrapAGG $ 1,000,000 . 7 CLAMS MADE [X1 OCCUR REGARDING GENERAL PERSONAL A AD;MJURY Is T.000.OIIO— OWER'S 8 CONTRACTOR'S PROT LIABILITY EACH OCCURRENCE •S 1,000,000 --_ FIRE DAMAGE CRAB ore f:.) I 200,000 - MED EXP (A.y ens peen) $ 10,000 AUTOMOBILE LWBILfTY COMBINED SINGLE LIMIT $ 1,000,000 A ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS UPS PvP^) I A HIRED AUTOS BODILY I LIURy t NON-OWNED AUTOS II'ar . , .'!'^ PROPERTY DAMAGE I GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY. —EACH ACCIIIFNT I _J, AGGREGATE S I EXCESS LIABILITY 79858726 8/2/98 8/2/99 EACH OCCURRENCE s 9,1100,000 B UMBRELLA FORM AGGREGATE_ __ I _ -,9,000,000 l OF HEM I HAN UMBRELLA FORM I V&bIRI➢- I 91H+ I WORKERS COMPENSATION AND ITORY LAMS I 1 I EMPLOYERS'LIABILITY IEL EACH ACCIDENT S THE PPOPRIETOWI INCL ' EL DISEASE-POUCYUMII $ PArIseTKVEXECUTNE i oPFxEAa NE - - EKCL EL DISEASE-EA EMPLOYEE I 1 I OTHER UV/ WP IION OF W'tRA RDIESRukantn.w tleumaIR'FAIALII SIR RE: 9353 WAUKEGAN RD.,MORTON GROVE IL, NE CORNER OF BECKWITH&WAUKEGAN RD, NE CORNER OF LYONS AND WAUKEGAN ROAD, VILLAGE OF MORTON GROVE IS LISTED AS ADDITIONAL INSURED. S HOULD ANY OF THE ABOVE DESCRIED POLICIES BE CANCELLED BEFORE THE E XPIRATION GATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL VILLAGE OF MORTON GROVE 30 DAYS WIETTEN NOTICE TO TIE CERTIFICATE HOLDER NAMED TO THE LEFT, B UT FAILURE TO PILL SUCH NOTICE SHALL IMPOSE NO OOUGATLON OR LIABILITY OF ANY KIND UPON THE COMPANY, RS AGENTS OR REPRESENTATIVES. MORTON GROVE IL 60053 suillOMAKLI Kt , IAI Law Offices of FACSIMILE Gabriel 8. Berrafato Phone (847) 965-2233 8720 Ferris Avenue Morton Grove, IL 60053 Fax (847) 967-2388 The following pages are being sent 1 (including cover sheet) . TO: FAX NiO. : Al Larry N. Arft, 96S 4162 Village Administrator D Ed Hildebrandt, 663 6185 Building Commissioner O Chuck Collett 965 9511 Public Works Superintendent Prom: O Gabriel S. Berrafato Date: November 30, 1998 In re: Waiver of Any Rights to a Vacated Alley located in the Village of Morton Grove, IL Comments: Attached please find a copies of letters sent to the following utilities concerning the above matter. Corned Ameritech Media One IMPORTANT: This message is intended only for the use of the individual or entity to which it is addressed and may contain Information that is privileged, confidential and exampt from disclosure under applicable law. If the reader of this message is not the interded recipient, or the employee or agent responsible for delivering ■—■ the message to the intended recipient, you ore hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the above address via the United states Postal Service. Thank you. id Wd04:40 8665 02 'AoN 882? L96 L1'8 : '0N 3 0Hd 3211N3J MU-1 BflOdO NOldOW : W(J?H 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 November 30, 1998 THIS LETTER SENT VIA FAX OW 759-5610) and REGULAR NAIL Ameritech 2004 Miner Street Des Plaines, IL 60016 Attn: Ms. Susan Manshum, Right-of-Way Engineer In re: Waiver of Any Rights to a Vacated Alley Located in the Village of Morton Grove. at or near the intersection of Waukegan Road and Beckwith Road, Morton Grove, IL Gentlemen: Pursuant to my conversation with your office concerning the above- referenced request, please be advised that my office represents the Village of Morton Grove, which has just recently vacated the alley east of and adjoining the above property, and approved and granted a Plat of Easement located on the east fifteen (15) feet of the property to the east of the vacated alley. This will also confirm my previous conversation on the relocation of the utilities per our discussion with Mr. Chuck Collett, Superintendent of our Public works as well as my office concerning the installation of the conduit necessary to perform and relocate the utilities. For your convenience, enclosed please find the following: 1. A certified copy of Ordinance No. 98-33 approving the Plat of Vacation which has attached thereto the Exhibit showing the property in question, which was recorded as document 98-996439. 2. A certified copy of Ordinance No. 98-34 which approved a Plat of Easement for the various utilities and which also has attached thereto an Exhibit, which was recorded November 4, 1998, as document No. 98-996440. Further, the Village of Morton Grove has presently installed certain conduit on the new 15 foot easement which includes a four (4) inch conduit for the use of Ameritech in relocating their lines from the telephone poles that were in the previous alley. Ed Wd017:170 866T 02 '010N 88£2 L96 L78 : 'ON 3N0Fid 32JIN30 11th 3ft0219 N01210W : WOeld Law Offices of Gabriel S. Berrafato & Associates page 2 November 30, 1998 As per our discussion, we are requesting a letter from Ameritech indicating your waiver of any rights to the use of the alley, which has just been vacated. We are specifically requesting this action in view of our short time constraints on the construction of the Walgreen facility and our closing on the conveyance of the property in question. Accordingly, we would appreciate your cooperation in receiving your letter as soon as possible, under the circumstances. Should require anything further regarding the above, please contact the undersigned. Very truly yours, i A t ,t_ ;KIEL S. BERRAFATOO arporation Counsel /ck enclosure cc: Ed Hildebrandt, Building Commissioner (letter only) Larry N. Arft, Village Administrator (letter only) Chuck Collett, Superintendent of Public Works (letter only) Ed WdTb:170 866T 02 '^0N 882E L96 L68 : 'ON 3NOHd 9211N30 Mei 3(lOHHO 14012]J : Wald -. '- 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 November 30, 1998 THIS LETTER SENT VIA FAX (630 716-2786) and REGULAR NAIL Media One 596 Lamont Road Elmhurst, IL 60126 Attn: Vern Lanenga In_rel Waiver of Anv Rights to a Vacated Alley Located in the Village of Morton Grove. at or near the intersection of Waukegan Road and Beckwith Road. Morton Grove. IL Gentlemen: Pursuant to my conversation with your office concerning the above- referenced request, please be advised that my office represents the Village of Morton Grove, which has just recently vacated the alley east of and adjoining the above property, and approved and granted a Plat of Easement located on the east fifteen (15) feet of the property to the east of the vacated alley. This will also confirm my previous conversation on the relocation of the utilities per our discussion with Mr. Chuck Collett, Superintendent of our Public Works as well as my office concerning the installation of the conduit necessary to perform and relocate the utilities. For your convenience, enclosed please find the following: 1. A certified copy of Ordinance No. 98-33 approving the Plat of Vacation which has attached thereto the Exhibit showing the property in question, which was recorded as document 98-996439. 2. A certified copy of Ordinance No. 98-34 which approved a Plat or Easement for the various utilities and which also has attached thereto an Exhibit, which was recorded November 4, 1998, as document No. 98-996440. Further, the Village of Morton Grove has presently installed certain conduit on the new 15 foot easement which includes a four (4) inch conduit for the use of Media One in relocating their lines from the telephone poles that were in the previous alley. 4d WdTh:00 8661 02 *A0N 882E L96 LD8 : 'ON 34OHd 3211N30 MH1 2lON9 N0Thow : W08J Law Offices of Gabriel S. Berrafato & Associates page 2 November 30, 1998 As per our discussion, we are requesting a letter from Media One indicating your waiver of any rights to the use of the alley, which has just been vacated. We are specifically requesting this action in view of our short time constraints on the construction of the Walgreen facility and our closing on the conveyance of the property in question. Accordingly, we would appreciate your cooperation in receiving your letter as soon as possible, under the circumstances. Should require anything further regarding the above, please contact the undersigned. very truly yours, rub ^ sdc g' = -IEL S. BERRAPA , .oration Counsel /ck enclosure cc: Ed Hildebrandt, Building Commissioner (letter only) Larry N. Arft, Village Administrator (letter only) Chuck Collett, Superintendent of Public Works (letter only) Sd Wd?7:40 8661 02 '^°N 882? L96 L178 : 'ON 3NOHd 3d1N23 liEn NOl : WO?Jd Law Offices ofr Gabriel S. Berrafato & Associates 8720 Ferris Avenue Morton Grove,Illinois 60053-2843 • Telephone(847) 965-2233 Facsimile(847)967-2388 Gabriel S.Berrafaro Marc S.Porter,of Counsel November 30, 1998 THIS LETTER SENT VIA FAX (1167 291-3210) and REGULAR NAIL Corned 1000 Skokie Boulevard Northbrook, IL 60062 Attn: Drew Zmolek, Customer Facility Engineer In re: Waiver of Any Rights to a Vacated Alley Located in the Village of Morton Grove. at or near the intersection of waukegan Road and Beckwith Road, Morton Grove. IL Gentlemen: Pursuant to my conversation with your office concerning the above- referenced request, please be advised that my office represents the Village of Morton Grove, which has just recently vacated the alley east of and adjoining the above property, and approved and granted a Plat of Easement located on the east fifteen (15) feet of the property to the east of the vacated alley. This will also confirm my previous conversation on the relocation of the utilities per our discussion with Mr. Chuck Collett, Superintendent of our Public Works as well as my office concerning the installation of the conduit necessary to house the Coned lines. For your convenience, enclosed please find the following: 1. A certified copy of Ordinance No. 98-33 approving the Plat of Vacation which has attached thereto the Exhibit showing the property in question, which was recorded as document 98-996439. 2. A certified copy of Ordinance No. 98-34 which approved a Plat of Easement for the various utilities and which also has attached thereto an Exhibit, which was recorded November 4, 1998, as document No. 98-996440. Further, the Village of Morton Grove has presently installed certain conduit on the new 15 foot easement which includes conduit specifically for the use of Coned in relocating their lines from the poles that were in the previous alley. 9d Wd2P:48 8665 02 '^0N 882E L96 L48 : 'ON 3NOHd 3211N30 Mel 3(10219 N012K714 : W021d levrOffias of Gabriel S. Berrafato & Associates page 2 November 30, 1998 As per our discussion, we are requesting a letter from Coned indicating your waiver of any rights to the use of the alley, which has just been vacated. We are specifically requesting this action in view of our short time constraints on the construction of the Walgreen facility and our closing on the conveyance of the property in question. Accordingly, we would appreciate your cooperation in receiving your letter as soon as possible, under the circumstances. Should require anything further regarding the above, please contact the undersigned. Very truly yours, I `,� I/I ti EL S. BERRAFA A oration Counsel /ck enclosure cc: Ed Hildebrandt, Building Commissioner (letter only) Larry N. Arft, Village Administrator (letter only) Chuck Collett, Superintendent of Public Works (letter only) Ld Nd27:70 866T 02 '^oN 882Z L96 L78 : 'ON 3NOHd 3211N33 Mtil 3fO2FJ NO1210I4 : Wald FROM-'. MORTON GROVE LAW CENTRE PHONE NO. : 847 967 2388 Nov. 20 1998 10:19AM P2 Law Offices of Gabriel S. Berrafato & Associates 8720 Ferris Avenue Morton Grove,Illinois 60053-2843 Telephone(847)965-2233 Gabriel S.Berrafato Facsimile(847) 967-2388 Marc S.Ponez of Counsel November 20, 1998 THIS LETTER SENT VIA FAX (630-629-7243) and REGJLaR )NIL Northern Illinois Gas d/b/a Nicor Gas 90 N. Finley Road Glen Ellyn, IL 60137 Attn: Ed O'Rourke, General Real Estate Agent In re: Waiver of Anv Richts to a Vacated Alley Gentlemen: Please be advised that my office represents the Village of Morton Grove, which has just recently vacated the alley east of and adjoining the Admiral Oasis property, and approved and granted an easement to Nicor Gas in a fifteen (15) foot easement east of the vacated alley. For your convenience, enclosed please find the following: 1. A certified copy of Ordinance No. 98-45, which granted the easement to Nicor, on the fifteen feet as therein described, which is being recorded by Chicago Title Insurance Company, commitment No. 409- 007775978. 2. A copy of the Plat of Vacation which was recorded November 4, 1998 as document 98-996439. Accordingly, we would appreciate receiving a letter from Nicor indicating your waiver of any rights to utilities in the alley just vacated. If you should require anything further please don't hesitate to contact the undersigned. Very truly yours, ERTEL BERRAF� /Ch Corporation Counsel /ck enclosure cc: Ed Hildebrandt, Building Commissioner (letter only) Larry N. Arft, Village Administrator (letter only) Law Offices of Gabriel S. Berrafato & Associates 8720 Ferris Avenue Morton Grove,Illinois 60053-2843 Tetepone(847)965-2233 Facsimile(847) 967-2388 Gabriel S.Berrafato Marc S. Porter,of Counsel NOV 1 0 1996 November 12, 1998 Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053-2985 Attn: David O. Erb, Finance Director In re: Purchase of 6910 Beckwith, Morton Grove, IL DiNicola to Village Dear David: Pursuant to my letter of October 19, 1998, a copy of which is herewith enclosed, we have just received the check from Mr. DiNicola representing the difference between the taxes that were prorated and the actual taxes on the property. Accordingly, enclosed is Mr. DiNicola's check in the sum of $290.43, representing the difference on the proration. If there are any questions in connection with the above, please call the undersigned. Very truly yours, GABRIEL S. BERRAFATO /ck enclosure 1.// cc: Larry N. Arft, Village Administrator (with enclosure) Law Offices of Gabriel S. Berrafato & Associates 20 's Avenue Morton rove, moss 0053-2843 Telephone(847)965-2233 Facsimile(847) 967-2388 Gabriel S. Berrafato Marc S.Porter,of Counsel October 19, 1998 David 0. Erb, Finance Director Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053-2985 In re: Purchase of 6910 Beckwith, Morton Grove, IL 60053 Dear Dave: Enclosed please find a letter that this date is being sent to the attorney for the Seller and the Seller of the property concerning the above-referenced property. The Village received a credit at closing on the above-referenced property in the sum of $2,763 .25, pursuant to the above letter and closing statement, a copy of which is herewith enclosed. In addition, enclosed is a copy of the adjusted tax bill concerning this property, which shows that the amount of taxes presently owned, up to the date of closing is $723 .88, plus interest which brings the total owed to $810.75. Accordingly, please issue a check made payable to the Cook County Collector, in the sum of $810.75, which includes interest on the amounts, since we did not pay the first installment when due. (Per my recommendation) . In addition, you can see that we are recovering $290.43 from the Seller, which means that the only difference will be the interest charge, which I had agreed on behalf of the Village to forgo. Law Offices of Gabriel S. Berrafato & Associates page 2 October 19, 1998 If there is any problem or question concerning this added interest figure, please contact me. If this is confusing, please let me know immediately, and I will explain and discuss the entire matter with you including Spiro's notes. Welcome to the confusion. Ve truly yours, ABRIEL . BERRAFATO /ck enclosure cc: Larry N. Arft, Village Administrator LOUIS B. DI NICOLA 70-2199 3 6 2 0 MADELEINE J. DI NICOLA 719 L1C. D524-52242227 D524-5504-3873 5210792214 /S A 23819 N FOREST DRIVE 847-550-0597 (,/e YX '. // FOREST LAKE, IL 60047 DATE PAY TO ORDER OF V 1,4101..... J .. . _ I $ el o.93 ORDER TH L, - I W• �u 40 r*J, J/4✓.6, terWrZt a DOLLARS s 0 FIRSF°FAMEZICA. PRIVILEGE twos... .... 9 7 r.,rfia 5:07092089011: 52 /07822010 3620 LOU DiNICOIA Pi$ ;' r i 32 23819 N.FOREST DRIVE NIMBI LAKE,IL60047 1 NsIC Cli "A 6) • I✓lf/ 0i¢►'O 0 alp ,/Y4 n r Ale- ,C(..r .tmJ i4.,e" ♦t,. 66410 4-1))13 tic3!. .2s4 Itlitilliiilli„eIdul11n„liiiiiiiiiiiiii11t„Iili1,ti1ni11 Law Offices of Con Gabriel S. Berrafato & Associates 8720 Ferris Avenue Morton Grove,Illinois 60053-2843 Telephone(847)965-2233 Facsimile (847) 967-2388 Gabriel S.Berrafato 7r- r--er,� Marc S.Porter,of Counsel ^ t OCT 221998 October 19, 1998 David O. Erb, Finance Director Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053-2985 In re: Purchase of 6910 Beckwith. Morton Grove, IL 60053 Dear Dave: Enclosed please find a letter that this date is being sent to the attorney for the Seller and the. Seller of the property concerning the above-referenced property. The Village received a credit at closing on the above-referenced property in the sum of $2 ,763.25, pursuant to the above letter and closing statement, a copy of which is herewith enclosed. In addition, enclosed is a copy of the adjusted tax bill concerning this property, which shows that the amount of taxes presently owned, up to the date of closing is $723.88, plus interest which brings the total owed to $810.75. Accordingly, please issue a check made payable to the Cook County Collector, in the sum of $810.75, which includes interest on the amounts, since we did not pay the first installment when due. (Per my recommendation) . In addition, you can see that we are recovering $290.43 from the Seller, which means that the only difference will be the interest charge, which I had agreed on behalf of the Village to forgo. Law Offices of Gabriel S. Berrafato & Associates page 2 October 19, 1998 If there is any problem or question concerning this added interest figure, please contact me. If this is confusing, please let me know immediately, and I will explain and discuss the entire matter with you including Spiro's notes. Welcome to the confusion. Ve truly yours, ABRIEL . BERRAFATO /ck enclosure cc: Larry N. Arft, Village Administrator CV • CLOSING STATEMENT PROPERTY: 6910 BECKWITH ROAD, MORTON GROVE, ILLINOIS -B snc: NONE SELLER: LOUIS B. DI NICOLA and MADELEINE J. DI NICOLA PURCHASER: VILLAGE OF MORTON GROVE, a municipal corporation DATE OF CONTRACT: December 19, 1996 DATE OF CLOSING: March 3 , 1997 DATE OF POSSESSION: 30 days after closing CREDIT PURCHASER CREDIT SELLER PURCHASE PRICE: $ 290, 500 .00 EARNEST MONEY: 10,000.00 FIRST MORTGAGE: Chase Manhattan: 2/20/97 137,737.84 INTEREST: 2/21-3/5/97 13 days X $31.47 409.11 FEDERAL EXPRESS: 15.00 Certified Survey Co. R.E.TAXES: 1996 1st Instl Paid:$ 1,897.12 TAXES: 1996: 2ND INSTALLMENT ($3,794.24 X 105%-$1897. 12) _. 2 ,086. 83 1997 TAXES: 1/1/97-3/3/97 �1 67 7�- $ 10.91 x 62 days 6.4 STATE TRANSFER STAMPS 000.00 / COUNTY TRANSFER STAMPS 000.00 TITLE INSURANCE: 520.50 . 520.50 RECORDING RELEASE FEES: 27.00 27.00 CTI ESCROW CLOSING CHARGE 130.00 130.00 POSSESSION ESCROW, Frank R. Camodeca, escrowee 2,905.00 REIMBURSEMENT TO SELLER FOR APPRAISAL - 265.00 ATTORNEYS FEES & ADVANCE COSTS: FRANK R. CAMODECA 982.07 550.00 ($550.00+$432.07) CASH TO BALANCE: 136,502.73 TOTAL 291 ,992.50 291,992.50 PARTIES AGREE TO REPORATE THE TAX PROVISION OF THE CONTRACT WHEN THE 1996 REAL, ESTATE BILL IS AVAILABLE ACCEPTED ACCEPTED Or- VA/E -)1"-C14/ter. se atiativat Matt • IF J=4flt9i1996iNItYS 1 1 10-18-115-003-0000 116 1 W C) I LATE PAYMENT SCHEDULE - 1ST INSTALLMENT HAS DUE MARCH 1, 1997 1ST INSTALLMENT PAID IN FULL PAID ON OR LATE PAYMENT 10-18-115-003-0000 �ETHEEN THESE DATES AMOUNT DUE IS _ LOUIS B DINICOLA 0.00 P OR CURRENT OWNER 0.00 6910 BECKWITH RD 0.00 MORTON GRV IL 60053-1304 TAX AMT. INTEREST COST TOTAL I COOK COUNTY COLLECTOR REAL ESTATE TAX BILL - 1996 VOLUME 116 INDEX NUMBER 10-18-115-003-0000 TOWN 24019 NILES 1,897.12 PAID 03-04-97 1995 RATE 1995 TAX 1996 RATE 1996 TAX TAXING AGENCIES 2 481 1,136.07 2.507 1,277.04 SCHOOL DISTRICT 67 NORTH SUBURBAN MASS TRANSIT DISTRICT 1 236 565.98 1.246 634.70 VILLAGE OF NORTON GROVE 274 125.47 .290 147.72 VILLAGE OF MORTON GROVE LIBRARY FUND 505 231.24 .501 255.20 MORTON GROVE PARK DISTRICT 233 106.69 .208 105.95 OAKTON COMMUNITY COLLEGE DISTRICT 535 1 903 - 871.40 1.929 982.61 COMMUNITY HIGH SCHOOL 219 PAYMENT INFORMATION HAS MEN TSN6MIBEB FROM TIN WARRANT 011 5.04 .011 5.60 NORTH SHORE MOSQUITO ABATEMENT DISTRICT WORDS ox POE IN THE OFFICE OF TI(COUNTY C LECTOR 495 226.67 .492 250.62 METRO RATER RECLAMATION DIST OF GR CHGO 006 2.75 .005 2.55 GENERAL ASSISTANCE NILES 'g9..... J1J(o/ COOK COUNTY COLLECTOR ROAD AND BRIDGE NILES MARK VALUE 147,963 039 17.86 .038 19.36 TOWN NILES PCL 2-78 029 13.28 CONSOLIDATED ELECTIONS ■ 23,674 ASSESSED VALUATION 008 3.66 .008 4.08 SUBURBAN T B SANITARIUM 2.1517 STATE EQUALIZATION FACTOR 072 32.97 .074 37.69 FOREST PRESERVE DISTRICT OF COOK COUNTY 50,939 EQUALIZED VALUATION 689 315.50 .694 -- -..353.53 COUNTY OF COOK 4,226.92 GROSS TAXES BEFORE EXEMPTION 305 139.66 .295 150.27 COOK COUNTY HEALTH FACILITIES SR CITIZENS HOMESTEAD DEDUCTION SR. ASSESSMENT FREEZE DEDUCTION 8 286 3,794.24 8.298 4,226.92 TOTAL TAX HOMEOWNER'S EXEMPTION DEDUCTION 4,226.92 TOTAL TAXES AFTER EXEMPTION 45,791 PRIOR YEAR EQUALIZED VALUATION LOUIS B DINICOLA OR CURRENT OMNER \. 6910 BECKWITH RD MORTON GRV IL 60053-1304 WHEN PAYING IN PERSON. DO NOT DETATCH. WHEN PAYING MAIL. DETATCH AND SUBMIT PAYMENT STUBISI WITH YOUR C MADE PAYABLE TO: COOK COUNTY COLLECTOR. 1P897•12- ESTIMATED INSTALLMENT 2,329.80 FINAL INSTALLMENT ALWAYS WRITE REAL ESTATE INDEX NUMBER ON CHECK. 1ST INSTALLMENT DUE DATE WAS ILLINOIS STATE LAW REQUIRES THIS LISTING OF TAXING DISTRICT PENSION AMOUNTS-THESE FIGURES ARE INCLUDED ABOVE MARCH 1, 1997 SCHOOL DISTRICT 67 34.12 VILLAGE OF MORTON GROVE 23.94 2ND INSTALLMENT DUE DATE IS MORTON GROVE PARK DISTRICT 18.84 COMMUNITY HIGH SCHOOL 219 59.59 SEPTEMBER 19, 1997 METRO MATER RECLAMATION GIST OF GR CMGO 14.26 FOREST PRESERVE DISTP!CT nF COOK COUNTY 1.52 COUNTY OF COOK 77.93 IF YOU PAY AFTER THE DUE DATE. USE T. PAYMENT SCHEDULE PROVIDED ON EAC PAYMENT STUB. THE STATUTORY 1.5% PEN, PER MONTH HAS BEEN CALCULATED FOR n DEPENDING UPON YOUR DATE OF PAYMENT. IF YOU STILL HAVE A BALANCE DUE ON 1ST INSTALLMENT. YOU MAY ADD THAT AM (WITH THE INTEREST CALCULATION, TO T 2ND MSTALLMENT AMOUNT AND PAY V. 276-000117596 ONE CHECK. TOWN YEAR TOWNSHIP FINAL AMOUNT DUE PERMANENT REAL ESTATE INDEX NUMBER VOLUME 24019 1996 NILES 2 ,329 . 80 10-18-115-003-0000 116 96-2 00002329803 101811500300009 09626 101811500300009 LATE PAYMENT SCHEDULE - 2ND INSTALLMENT IS DUE SEPTEMBER 19, 1997 10-18-115-003-0000 IF PAID ON OR LATE PAYMENT B'- 'cEN THESE DATES AMOUNT DUE IS IIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIIIIIIIII11I11IIIIIIIIHIIIIIII D9/� ,17 - 10/19/97 2,364.75 P LOUIS B DINICOLA 10/l /97 - 11/19/97 2,399.69 OR CURRENT OWNER 11/20/97 - 12/19/97 2,434.64 6910 BECKWITH RO TAX AMT. INTEREST COST TOTAL MORTON GRV IL 60053-1304 10181150030000/0/96/F/0000232980/2 24059 1997 NTLES ... y m^ ` 2,113 . 46c 10-18-11L5-003-0000 116 9 /- 1 00002113463 101811500300009 09715 101811500300009 LATE PAYMENT SCHEDULE - 1ST INSTALLMENT WAS WE MARCH 1, 1998 ? 1ST INSTALLMENT IS NOT PAID IN FULL i PAID ON OR LATE PAYMENT )l7c /:,off 10-18-115-003-0000 - ' __ f 9 "IETNEEN THESE DATES AMOUNT DUE IS 1//// {[ ,��,VILL�E o-MonroN GRVE 09/02/98 - 10/01/98 2,335.37 P f�tr q 7--- OR CURRENT OWNER 10/02/98 - 11/01/98 2,367.08 9,,, .___6101-.CAPAJLIN - , • - -2 3 3. 3-C( 11/02/98 - 12/01/98 2,398.78 'T,MORTOMR1.Yt0.VE' LL- _80053-2902 . - - - - - TAX AMT. INTEREST COST TOTAL 7z3. Frff fPL I &2 - t /0 ' OJ' - 10181150030000/0/97/F/000021134466/1 COOK COUNTY COLLECTOR REAL ESTATE TAX BILL - 1997 r�GSI VOLUME 116 INDEX NUMBER 10-18-115-003-0000 TOWN 24019 NILES i� A\O 1996 RATE 1996 TAX 1997 RATE 1997 TAX TAXING AGENCIES 2.507 1,277.04 2.582 1,313.54 SCHOOL DISTRICT 67 A't NORTH SUBURBAN MASS TRANSIT DISTRICT ��}�egWe 1.246 634.70 1.241 631.33 VILLAGE OF MORTON GROVE ���p�(.\�ER1Lw► .290 147.72 .303 154.15 VILLAGE OF NORTON GROVE LIBRARY FWD �1M",N .501 255.20 .476 242.16 MORTON GROVE PARK DISTRICT r11pR,_ .208 105.95 .216 109.89 OAKTON COMMNITY COLLEGE DISTRICT 535 1.929 982.61 2.016 1,025.60 COMMUNITY HIGH SCHOOL 219 PAYMENT BI ATI I RAS BEEN TRANSO °FROM TIE WARRANT .011 60 .011 5.60 NORTH SHORE MOSQUITO ABATEMENT DISTRICT RECORDS OI FILE M TIC OFFICE O TM MINTY COLLECTOR .492 .451 229.44 METRO MATER RECLAMATION DIST OF GR OIGO 7( „ M� .005 .005 2.54 GENERAL ASSISTANCE NILES TOdU. A COOK COUNTY COLLECTOR /� ROAD AND BRIDGE NILES MARKET VALUE 147,963 .038 19.3$ 20.86 TOWN NILES PCL 2-78 27 13.74 CONSOLIDATED ELECTIONS 23,674 ASSESSED VALUATION .008 4.08 .008' �(\�\� 4.07 SUBURBAN T B SANITARIUM 2.1489 STATE EQUALIZATION FACTOR .074 37.69 .074 EJ 37.65 FOREST PRESERVE DISTRICT OF COOK COUNTY 50,873 EQUALIZED VALUATION .694 353.53 .634 �.J V 2.51 COUNTY OF COOK 4,258.07 GROSS TAXES BEFORE EXEMPTION .295 150.27 .285 P W. COOK COUNTY HEALTH FACILITIES SR. CITIZENS HOMESTEAD DEDUCTION ,N SR. ASSESSMENT FREEZE DEDUCTION 8.298 4x226.92 8.370 4,2 .E TAX HOMEOWNER'S EXEMPTION DEDUCTION Y O 4,258.07 TOTAL TAXES AFTER EXEMPTION /QJ O 50,939 PRIOR YEAR EQUALIZED VALUATION • • -ACQUIRED BY a-�'Il^'- Exempt A A . 3 9-3 YI / 97 VILLAGE OF MORTON GRVE j '- e�DOCKET# / / - /6 - ta-C Tax °w^rt: 5 l0-41? 111::: OR CURRENT OWNER 6101 CAPULINA IJNOER 200/9-175, 20019-190, 200;2-?85 .F 11 2Da14.;;-130 MORTON GROVE IL 60053-2902 OY 1 % Nave AV 3 On I !9 :4@r opt BNB % I�rIN'�Y Y �A WHEN PAYING IN PERSON. DO NOT T STUBH. WHEN PAYIN. / 4) MAIL. DETATCH ANO SUBMIT PAYMENT COLLECTOR. WITH YOUR L ! /5 MADE PAYABLE TM. COOK COUNTY COLLECTOR. 2,113'44 ESTIMATED INSTALLMENT 2,144.61 FINAL INSTALLMENT /VSS��W�RITE REAL ESTATE INDEX NUMBER ON CHECK_ it ) 1ST INSTALLMENT DUE DATE WAS ILLINOIS STATE LAN REQUIRES THIS LISTING OF TAXING DISTRICT PENSION AMOUNTS-THESE FIGURES ARE INCLUDED ABOVE----' 1, 1998 SCHOOL DISTRICT 67 54.43IVILLAGE OF MORTON GROVE 24.92 j/ ALLMENT DUE DATE IS MORTON GROVE PARK DISTRICT 18.82 OAXTON COMMUNITY COLLEGE DISTRICT 535 .50 OBER 28, 1998 COMMUNITY HIGH SCHOOL 219 46.29 METRO HATER RECLAMATION DIST OF GR CHGO 14.24 FOREST PRESERVE DISTRICT OF COOK COUNTY 1.52 COUNTY OF COOK 82.41 IF YOU PAY AFTER THE DUE DATE. USE THAL r PAYMENT SCHEDULE PROVIDED ON EACH 1 PAYMENT STUB. THE STATUTORY 1.5% PENAL- I PER MONTH HAS BEEN CALCULATED FOR VOA- I DEPENDING UPON YOUR DATE OF PAYMENT. . IF YOU STILL HAVE A BALANCE DUE ON THE 1 1ST INSTALLMENT. YOU MAY ADO THAT AMOL (WITH THE INTEREST CALCULATION(TO THE I 2ND INSTALLMENT AMOUNT AND PAY W[- 1 289-000123664 ONE CHECK. TOWN YEAR TOWNSHIP FTNAL-AMOUNT DUE PERMANENT REAL ESTATE INDEX NUMBER VOLUME ?4019 1997 NILES 2,144 . 61 10-18-115-003-0000 116 97-2 00002144613 101811500300009 0972/ 101811500300009 LATE PAYMENT SCHEDULE - 2ND INSTALLMENT IS DUE OCTOBER 28, 1998 10-18-115-003-0000 3.5-3 i", [ 9 V -1ID ON OR LATE PAYMENT ��,�EN THESE DATES AMOUNT WE I S - T�l�1 11111�I111111111111111 11111111 11I1111111p LI11�1��,_ _ _.. _._ 0/2T798 - 11/28/98 2,178.78 P 9 ./L u.cr� L: - `f7-/G -%7.L OILCURE OF MORTON GRVE 1/29/98 - 12/28/98 2,248.15 OR CURRENT OWNER - ?3J.• d 2/28/98 - 01/28/88 2,241. 12 C'-1CY� + --BiO/4-CAPUL�iNA-- "` � ��- � ' TAX ANT. INTEREST COST TOTAL I'41`c-7 20012-1110RTON.,GROVE21L=-80053-2902 • 10181150030000/0/97/F/0000214461/2 (4(1 Law Offices of Gabriel S. Berrafato & Associates Li 8720 Ferris Avenue Morton Grove,Illinois 60053-2843 Telephone(847)965-2233 Facsimile(847)967-2388 Gabriel S. Berrafato Marc S.Porter,of Counsel October 19, 1998 Frank Camodeca 601 Lee Street Des Plaines, IL 60016 Louis DiNicola 23819 N. Forest Drive Forest Lake, IL 60047 In re: 6910 Beckwith, Morton Grove, IL 60053 Dear Frank & Lou: Please note that we closed this matter on March 3, 1997, at Chicago Title Insurance Company and pursuant to our agreement the 1996 and 1997 taxes, were prorated as per the closing statement attached hereto, with the understanding that the taxes would be reprorated based on the actual bills for 1996 and 1997. Accordingly, enclosed please find a copy of the actual 1996 and the 1997 tax bills. The actual taxes for the property are prorated as follows: ❑ 1996 taxes $2 , 329.80 ❑ 1997 taxes - to date of closing $723 .88 Total $3, 053 . 68 Amounts that were prorated and credited, (1996) $2, 086.83 and/ (1997) $676.42 Total $2,763.25 Therefore, the balance due is $290.43 Please send a check in the amount of $290.43, made payable to the Village of Morton Grove, throuch my office. Law Offices of Gabriel S. Berrafato & Associates page 2 October 19, 1998 If there is any problem or question in connection with the above, please call my office immediately. Very truly yours, G 2.r I S. BERRAFAit •.rporation Counsel llage of Morton G ove /ck enclosure cc: Larry N. Arft, Village Administrator David O. Erb, Finance Director Law Offices of C / O Gabriel S. Berrafato e 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 October 19, 1998 David 0. Erb, Finance Director Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053-2985 In re: The acquisition of 6909 Lyons. Morton Grove. IL 60053 Tessien to the Village of Morton Grove. IL Dear Dave: Enclosed please find a copy of a closing statement that was prepared at the time of closing, on the above property on May 20, 1997. Please note that there is a total credit for taxes as follows: ❑ 1996 taxes $1, 166.99 0 1997 taxes $820.40 Total $1,987.39 Also, please find enclosed the following: 1. A copy of the 1996 actual tax bill which shows a final installment due of $1,007.91. 2. A copy of a letter dated August 25, 1997 to Spiro C. Hountalas, which reflects these figures and requests the Village to pay the second installment of the 1996 taxes in the sum of $1, 007.91. 3 . A copy of the adjusted 1997 tax bill which shows the balance of tax owed as $980.46. Please note that the proration actually covered the bills as paid and adjusted. Law Offices of Gabriel S. Berrafato & Associates page 2 October 19, 1998 However, there still remains an interest figure of $117. 66 which must be paid. My office recommended that we not pay the first installment of 1997 for reasons of simplicity and to expedite results. Accordingly, please issue a check payable to the COOK COUNTY COLLECTOR ON PIN NO. 10-18-115-020 in the sum of $1, 098. 12 so that this final adjusted tax bill can be paid in full. Again, if there is any problem or question, please call my office and I will explain the entire process in this matter. `' V- a truly yours, LAP ' :RIEL(S. BERRAFATO /ck enclosure cc: Larry N. Arft, Village Administrator CLOSING STATEMENT `.. SELLER: JEANNETTE TESSIEN PURCHASER: VILLAGE OF MORTON GROVE, a Municipal Corporation PROPERTY: 6909 Lyons Street, Morton Grove, IL 60053 CLOSING DATE& May 20, 1997, 11:00 A.M. LOCATION: Chicago Title Insurance Company, Skokie, Illinois PURCHASER'S SELLER'S CREDITS CREDITS PURCHASE PRICE 172,000.00 EARNEST MONEY DEPOSIT 10,000.00 1996 R.E. TAXES 1st Installment $972.44 PAID 2nd Installment $1,166.99 @ 110% 1,166.99 1997 R.S. TAXES prorated at 110% of 820.40 1996 taxes of $1,944.97 from 1/1/97 through 5/20/97 or 140 days at per diem of $5.86 = $820.40 State Transfer Tax - Exempt 0.00 Cook County Transfer Tax - Exempt 0.00 Village of Morton Grove - Exempt 0.00 CHICAGO TITLE INSURANCE CO.- 0.00 POC by Buyer ALTA SURVEY - POC by Buyer 0.00 ATTORNEYS FEE - Credit 550.00 ATTORNEYS FEES (Carl N. Graf, Jr. ) 998.00 TOTAL CREDITS 12,985.39 $172,550.00 CASH TO CLOSE 159,564.61 TOTALS 172,550.00 $172,550.00 ACCEPTED: SELLER: PURCHASER: VILLAGE OF MORTON GROVE, a Municipal Corporation � - -; By: ���._ �= ` TESSIEN---- f cLe �S 1 I I I yu Lo yJl.J LATE PAYMENT SCHEDULE - 1ST INSTALLMENT HAS DUE MARCH 1, 1997 1ST INSTALLMENT PAID IN FULL I' 'AID ON OR LATE PAYMENT 10-18-115-020-0000 EN THESE DATES AMOUNT DUE IS JEANNETTE TESSIEN 0.00 P OR CURRENT OWNER 0.00 8920 SELLEFORTE 0.00 MORTON GROVE IL 60053-2017 TAX ANT. INTEREST COST TOTAL I , q0 et 6 J'R;5 fC/+1LlY COOK COUNTY COLLECTOR REAL ESTATE TAX BILL - 1996 VOLUME 116 INDEX NUMBER 10-18-115-020-0000 TOWN 24019 NILES 972.49 PAID 02-25-97 1995 RATE 1995 TAX 1996 RATE 1996 TAR TAXING AGENCIES 2 481 582.37 2.507 598.32 SCHOOL SIThA TAM .MASS TRANSIT DISTRICT 1 236 290.13 1.246 297.37 VILLAGE OF NORTON GROVE 274 64.32 .290 69.21 VILLAGE OF MORTON GROVE LIBRARY FUND 505 118.54 .501 119.57 MORTON GROVE PAM DILEGICT 233 i∎ 54.69 .208 49.64 COMMON COMMUNITY SCHOOL COLLEGE DISTRICT 535 PAYMENT waMATIOA HAS Kml TAM¢ou®FROM TIE WAwwR 1 903 /j ..X646.69 1.929 460.33 NORIIMITY HIGH T 219 ®F CM FAA.no am=OF THE COSTA COLLECTOR 495 V'Z 116:19-, .492 117.42 METRO SHORE R RECLAMAIATION DIST OF GRTROI00 On no 6y�a/X�l�l- �pOd��•��w°��(Ja COOK COUNTY COLLECTOR 006 X1`41? 005 1.14 ROAD AND BRIDGASSISTANCE ILESMILES MARE VALUE 89,656 039 9.15 �C* TOM., 9.07 TO NILES PCL 2-03 029 6.81 V•£7' ii CONSOLIDATED ELECTIONS 14,345 ASSESSED VALUATION 008 1.88 .GOB , \V 1.91 SUBURBAN T 8 SANITARIUM 2.1517 STATE EQUALIZATION FACTOR 072 16.90 .074 U I 17.66 FOREST PRESERVE DISTRICT OF COOK COUNTY 23,866 EQUALIZED VALUATION 689 161.72 .694 63 COUNTY OF COOK 2,561.26 GROSS TAXES BEFORE EXEMPTION 305 71.59 .295 '13.40-. OK CO COUNTY HEALTH FACILITIES 207.45 SR. CITIZEN'S HOMESTEAD DEDUCTION \--J;Fr)y�� SR. ASSESSMENT FREEZE DEDUCTION 8 286 1,944.97 8.298 1,980:40• QTAL.TAX 373.41 HOMEOWNER'S EXEMPTION DEDUCTION 1,980.40 TOTAL TAXES AFTER EXEMPTION v�) 23,473 PRIOR YEAR EQUALIZED VALUATION 11/ `/ 1f n)�� JEANNETTE TESSIER �:. OR CURRENT OWNER �(;` F 8920 BELLEFORTE c'2,-;::\` , MORTON GROVE IL 60053-2017 i WHEN PAYING IN PERSON. DO NOT DETATCH. WHEN PAYIN � _�+) MAIL DETATCH ANO swum,. PAYMENT STUBISI WITH YOUR I 'L f :\ MADE PAYABLE TO. COOK COUNTY COLLECTOR 1, ESTIMATED INSTALLMENT 1,007'91 �:`j/AAEVAYS WRITE REAL ESTATE INOFX NUMBER ON CHEC 9(L.4f FINAL INSTALLMENT y`N l 1ST INSTALMENT DUE DATE WAS •. O . MARCH 1, 1997 (ILLINOIS STATE LAX REWIRES THIS LISTING OF TAXING DISTRICT PENSION AMOUNTS-THESE FIGURES ARE INCLUDED ABOVE L2NDH: STALLMENT DUE DATE IS SCHOOL DISTRICT 67 15.99 VILLAGE OF MORTON GROVE 11.21 ``. MORTON GROVE PARK DISTRICT 8.83 COMMUNITY HIGH SCHOOL 219 27.92 v S�PTEMER 19, 1997 METED EATER RECLAMATION QIST OF CM C14_•0 '6.6R FOREST PRESERVE_P!S?RTCT OF COOK COUNTY .71 IF rou PAY .rTER THE DUE DATE. USE CMNTY OF COQ 36.51 E PAYMENT SCHEDULE PROVIDED ON _ PAYMENT STUB. THE STATUTORY 1.5% PE PER MONTH HAS BEEN CALCULATED FOR - DEPENDING UPON YOUR DATE OF PAYMEN IF YOU STILL HAVE A BALANCE DUE ON _ 1ST INSTALLMENT. YOU MAY ADD THAT A (WITH THE INTEREST CALCULATION/ TO 2ND INSTALLMENT AMOUNT AND PAY - _ 281-000120307 ONE CHECK' TOWN YEAR TOWNSHIP FINAL AMOUNT DUE PERMANENT REAL ESTATE INDEX NUMBER VOLUME _ 96-'L 24019 1996 NILES 1,007 .91 10-18-115-020-0000 116 00001007912 101811502000004 09626 101811502000004 LATE PAYMENT SCHEDULE - 2N0 INSTALLMENT IS DUE SEPTEMBER 19, 1997 10-18-115-020-0000 IF PAID ON OR LATE PAYMENT 1I11II11III11IIIIIIlIIIllIII1I111/IHII111III1II1I1I1IIII1II11 BETWEEN THESE DATES AMOUNT DUE IS - 094, 97 - 10/19/97 1,023.03 P JEANNETTE TESSIEN - 10/1.097 - 11/19/97 1.038.15 OR CURRENT OWNER - 11/20/97 - 12/18/97 1,053.27 8920 BELLEFORTE - TAX ANT. INTEREST COST TOTAL - MORTON GROVE IL 80053-2017 10181150200000/0/96/F/0000100791/2 IUWN TCAN IUWIYOHIY COIIPIMICU MMUUMI MULL ��^^•^" I \,6 ---, I 1 240]19 1997 NILES 990 . 20 I 10-18-115-020-0000 116 ��// 00000990207 101811502000004 09715 101811502000004 ` - PAYMENT SCHEDULE - 1ST INSTALLMENT HAS DUE MARCH 1, 1998 1ST INSTALLMENT IS NOT PAID IN FULL C C. C ]MlAID ON OR LATE PAYMENT QIJ R • sy 10-18-„5-020-00001.,,.,', .,,fit. /`>^`9.C. S___- BETNEEN THESE DATES AMOUNT DUE IS ' VILL Ot TUKI Uri L,KLIVE P d A' '-/ FOR CURRENT OWNER 09/02/98 - 10/01/98 ,.094.,7 n'a ,r6 10/02/98 - 11/01/98 1,109.02 j �1�/0I;/� - 1, CAPULINA_AV_ ` 11/02/98 - 12/01/88 1, 123.88 14,r /r „�. r MOR70NT C:ROVE-IL` ._80053`2902 I : TAX ANT. INTEREST COST TOTAL _xa I_F. . ",13 Net. Al.: ,T, ,----- 9S'& 76 /) 7. 4!P - /D 9't - 1 2.. 10181150200000/0/97/F/000009902/1 COOK COUNTY COLLECTOR REAL ESTATE TAX BILL - 1997 ����,w _��,P1/Qry�� VOLUME 116 INDEX NUMBER 10-18-115-020-0000 TOWN 24019 NILES 111%4() 1996 RATE 1996 TAX 1997 RATE 1997 TAX TAXING AGENCIES _�% n ``YJ!`�ai 2.507 598.32 2.582 795.93 SCHOOL DISTRICT 67 ��jFi G �.�y6 NORTH SUBURBAN MASS TRANSIT DISTRICT _ L_�L IV91l�\9�B 1.246 297.37 1.241 382.55 VILLAGE OF MORTON GROVE \�N�'} .290 69.21 .303 93.40 VILLAGE OF NORTON GROVE LIBRARY FUND \ � .501 119.57 .476 146.73 MORTON GROVE PARK DISTRICT �,�/ .208 49.64 .216 66.58 OAKTON COMMUNITY COLLEGE DISTRICT 535 PAYMENT N�NAT nI xAS avl TNAIQgIWP NOM T.WAN,,,, 1.929 �ij/4�60.38 2.016 621.45 COMMUNITY HIGH SCHOOL 219 MI FRE N,IE(AFNE 1 NE COMM ON 7 N. .011 V 63 .011 3.39 NORTH SHORE MOSQUITO ABATEMENT DISTRICT ,p 121 .492 7' R .451 139.03 METRO MATER RECLAMATION DIST OF GR CHGO F�O°"^�^'cooK COUNTY COLLECTOR .005 � , ,005 1.54 GENERAL ASSISTANCE MILES /,�,1 �„ ROAD AND BRIDGE NILES MARK VALUE 89,656 .038 9.07 ;,Q 12.64 TORN NILES PCL 2-03 22 /;n 8.32 CONSOLIDATED ELECTIONS 14,345 ASSESSED VALUATION .008 1.91 .008 l /`^I 2.47 SUBURBAN T B SANITARIUM 2.1489 STATE EQUALIZATION FACTOR .074 17.66 .074 //n\R 22.81 FOREST PRESERVE. DISTRICT OF COOK COUNTY 30,826 EQUALIZED VALUATION .694 165.63 .634 \-'I ////+. 45 COUNTY OF COOK 2,580.14 GROSS TAXES BEFORE EXEMPTION .295 70.40 .285 V"Vtas COOK COUNTY HEALTH FACILITIES SR. CITIZEN'S HOMESTEAD DEDUCTION ■Li SR ASSESSMENT FREEZE DEDUCTION 8.298 1,980.40 8.370 2,580714r {0TAL TAX HOMEOWNER'S EXEMPTION DEDUCTION C( 2,580.14 TOTAL TAXES AFTER EXEMPTION UoO/ 23,866 PRIOR YEAR EQUALIZED VALUATION t 7L IRED BY a(`r �` _ Exempt Amt. $ ___ , VILL OF MORTON GROVE �� q gt . OR CURRENT MINER DOCKET# - 1 f-Q T=x ;)L. _(8--__ , 6101 CAPULINA AY MORTON GROVE IL 60053-2902 UNDER 260/9.175, ZCV/ -?o "..001,1-17:::i _.cd�C81'.8-ice. J ir,1 iU EXE mpt -'G New A/V $ ���/. WHEN PAYING IN PERSON, 00 NOT DETATCH. WHEN PAYING B New MAIL. OETATCM AND SUBMIT PAYMENT STUBISI WITH YOUR SHE f i r. MADE PAYABLE TO: COOK COUNTY COLLECTOR. 990.26 1,589.94 /,Z .AVWAYS WRITE REAL ESTATE INOF% NUMBER ON CHECK. ESTIMATED INSTALLMENT FINAL INSTALLMENT .,� \(��. 1ST INSTALLMENT DUE DATE WAS ILLINOIS STATE LAM REQUIRES THIS LISTING OF TAXING DISTRICT PENSION AMOUNTS-THESE FIGURES ARE INCLUDED ABOVE/:if),),": MARCH 1, 1998 SCHOOL DISTRICT 67 32.98 VILLAGE OF MORTON GROVE 15.10 /( D;INSTALLMENT DUE DATE IS MORTON GROVE PARK DISTRICT 11.40 OAKTON COMMUNITY COLLEGE DISTRICT 535 .30 �`OCfOBER 28, 1998 COMMUNITY HIGH SCHOOL 219 28.05 METRO MUTER RECLAMATION DIST OF GR CHGO 8.63 IF YOU PAY AFTER THE DUE DATE. USE THE FOREST PRESERVE DISTRICT OF COOK COUNTY .92 COUNTY OF COOK 49.93 PAYMENT SCHEDULE PROVIDED ON EACH PAYMENT STUB. THE STATUTORY 1.5% PENALT PER MONTH HAS BEEN CALCULATED FOR YOU. DEPENDING UPON YOUR DATE OF PAYMENT. IF YOU STILL HAVE A BALANCE DUE ON THE 1ST INSTALLMENT. YOU MAY ADD THAT AMOU WITH THE INTEREST CALCULATIONI TO THE 2ND INSTALLMENT AMOUNT AND PAY WIT) 290-000123665 ONE CHECK. TOWN YEAR TOWNSHIP FINAL AMOUNT DUE PERMANENT REAL ESTATE INDEX NUMBER VOLUME 9-7-2 24019 1997 NILES 1,589 . 94 10-18-115-020-0000 116 00001589947 101811502000004 0972/ 101811502000004 LATE PAYMENT SCHEDULE - 2ND INSTALLMENT IS DUE OCTOBER 28, 1998 10-18-115-020-0000 ID OX OR LATE PAYMENT '11111111111111111 �111��111�1��1�11I� �1��� 11111111 94,N.EEN THESE DATES AMOUNT DUE IS 10/29/98 - 11/28/98 1,613.79 P VILL OF MORTON GROVE 11/29/98 - 12/28/98 1,637.64 OR CURRENT OWNER 12/29/98 - 01/28/99 1,681.49 8101 CAPULINA AV TAX ANT. INTEREST COST TOTAL MORTON GROVE IL 60053-2902 10181150200000/0/97/F/0000158994/2 LS> A t Law Offices of COPY 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 August 25, 1997 Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053-2985 Attn: Spiro C. Hountalas, Finance Director/Treasurer IN RE: Purchase of Tessien Residence, 6909 Lyons, Morton Grove. IL 60053 Gentlemen: In May of 1997, we closed and consummated on the acquisition of the above-referenced property. At that time we did deliver certain items concerning the closing, including tax escrow of $1,987.39 which was broken down as follows: 1996 Taxes $1, 166.99 1997 Taxes Prorated from 1/1/97 to May 20, 1997 $ 820.40 To follow-up, we have now received the second installment of the 1996 Taxes, from the attorney for Tessien, which final tax amount is in the sum of $1, 007.91. Please see that the above mentioned Bill is paid on or before the due date of September 19, 1997. In addition, for your records, enclosed please find the following: 1. Recorded Trustee's Deed which was recorded May 22 , 1997, as document No. 97-365767. 2 . Chicago Title Insurance Company policy No. 1409-007646829-SK which guarantees title in the name of the Village of Morton Grove subject only to the 1996 and 1997 taxes of which we will clear up the 1996 taxes immediately, and we will file the petition for exemption of the 1997 taxes when appropriate. Law Offices of Gabriel S. Berrafato & Associates I recognize that there still will be additional funds available for payment of part of the 1997 taxes and I would withhold refunding or crediting the Seller with any part of this money until those taxes have been properly paid and/exempted as of the date that the Village obtained title. Please establish a property ownership file for these parcels, so that all of the information concerning titles, deeds and surveys will be available for posterity's sake. If you have any questions concerning the above, please call me as soon as possible. Very truly yours, GABRIEL S. BERRAFATO /ck enclosure (original documents) cc: Larry N. Arft, Village Administrator - 2 - FROM : MORTON GROVE LAW CENTRE PIXIE NO. : 847 967 2388 Sep. 28 1998 04:32P P1 cell Lam Offices of I FACSIMILE 1 -e Gabriel 8. Berrafato Phone (847) 33 8720 Ferris Avenue Morton Grove, IL 60053 Fax (847) 9 7- 388 The following pages are being sent _Ai (including cover sheet) . TO: PAZ NO. : 0 Larry N. Arft 965 4162 Village Administrator From: 0 Gabriel 8. Berrafato Date: September 28, 1998 an re: 6910 Lyons Street, Morton Grove Comments: Yr Received the attached letter from Mr. 'ate'. as- .-Jr and call me. 0 I "4 z • 1 ', 401 I ' I IMPORTANT: This message is intended only for the use of the individual or entity to which it is addressed and may contain information that Is privileged, confidential and exapt from disclosure order applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this eammnication in error, please notify us immediately by telephone, and return the original message to us et the an address via the United States Postal Service. Thank-you. FROM : MORTON GROl1E LAW CENTRE PHONE NO. : 847 967 2388 Sep. 28 1998 04:33PM P2 Date: 9/18/98 From: Jitcndra A.Patel&Smita J.Patel Address.: 6910 Lyons Street Morton Grove,IL 600053 Tel.Ext.: 847-581-1807 Refer«: Waukegan Road TIF Development Plan. 6910 Lyons Street-Property To: Gabriel Berrafato 8720 Parris Avenue Morton Grove,IL 60053 As per our telephone conversation on September 17, 1998 my response to your offer is that the property value would be$495,000 and we would except offer for this minimum price.With the motel gone,the property value can only improve.We think your development plan is great Boom to the village of Morton Grove. Admiral Oasis Motel had total of 59,588 sqft which was bought for$325 million,this amounts to$54.54 per sqft not allowing additional cost to be incurred for the relocation of the residents staying in the Motel for many years, Environmental Study cost and Demolition cost The two houses across the street 6910 Beckwith Road 8637 sqft sold for$290,500(33.63/sqft),and 6909 Lyons Street 8630sgft sold for$172,000(19.93/4t). It is only fair,since my 6910 Lyons Street 15,143 sqft is almost equivalent to the two homes bought,I would like the cost for my home to be$32.68 per sq.ft. These are the basis of my arrival to the cost of my home and land. I bought this home,being close to the Commercial property,and had much more land for future expansion if' needed and very close proxcinity to the main Road. I would think that since the two homes across from me are turning into Commercial and the Motel to be demolished,would allow my home to have a better commercial value. I think the development plan is great for the Village of Morton Grove and that Taxman Corporation if successful in this endeavor will enjoy many future benefits in dealing with the village. In any event I foresee a better potential for my property,but I will consider my offer made to you in the amount of $495,000 to be beneficial to every one concerned. Sincerely, Jitendra&Smite Patel. A 1.14 :09/19V98 13:26 '&847 965 4162 VIL. OF M.G. al on sasassszzzssasssssssssassss sss ACTIVITY REPORT sss ssassssssssssassasssasssssa TRANSMISSION OK TX/R% NO. 6802 CONNECTION TEL 9672388 CONNECTION ID G. BERRAFATO START TIME 09/29 13:24 USAGE TIME 02'09 PAGES 2 RESULT OK 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 September 2, 1998 ' SEP a 3 1996 Frank R. Camodeca Attorney at Law 601 Lee Street Des Plaines, IL 60016 In re: 6910 Beckwith, Morton Grove, IL Dear Frank: Please recall that your office represented Mr. & Mrs. Louis Di Nicola at the closing of the above-referenced property on March 3, 1997. Pursuant to our agreement at closing, instead of the Village holding the possession escrow, it was agreed that your office would hold the possession escrow check which was in the sum of $2 ,905. 00, as indicated in a copy of the Chicago Title Insurance Company HUD Statement, attached hereto. Please be advised that Mr. Di Nicola has relinquished possession of the garage. Accordingly, you are hereby authorized to release the funds plus interest to Mr. Di Nicola at your earliest convenience. Unfortunately, I had indicated to the Village that we were holding the funds, which was in error since the funds were being held by your office. I apologize for the delay in getting these funds back to Mr. Di Nicola, but should have checked by own file before directing the Village to return the escrow funds. Very truly yours, GABRIEL S. BERRAFATO Corporation Counsel Village of Morton Grove /ck enclosure cc: Louis Di Nicola Larry N. Arft, Village Administrator to 10 +c'tIi gre Village of&Lorton grove t Office of the Village Administrator October 28, 1997 • Mr. and Mrs. J. Patel 6910 Lyons Street Morton Grove, Illinois 60053 Re: Purchase of Residence at 6910 Lyons Street Dear Mr. and Mrs. Patel: It has become clear to the Village that we will not be able to conclude the purchase of your residence at the above referenced location. Negotiations were unsuccessful despite your initial commitment to participate in the redevelopment of this area and the Village's willingness to pay you a premium substantially above appraised value. Consequently, the Village has instructed the developer to prepare alternative proposals for the use of the north half of the Admiral Oasis property. The Walgreens project, as you know, has been approved by the Plan Commission and the Village Board and will be constructed as designed as soon as we have completed acquisition of the site. his indeed regrettable we were unable to reach an agreement for the acquisition of your property. As I have mentioned previously, this was a unique opportunity for the Village to redevelop an old, substandard commercial property and for you to be able to sell your home at a substantial premium above market value. It is unlikely that an opportunity of this nature will come again particularly once the redevelopment of this area is complete. I know you expressed some concern about the Walgreens project, particularly the drive-thru operation and its potential impact on your property. Considering your lack of interest in pursuing the Village's offer to acquire your residence, I assume you are now comfortable the redevelopment will not adversely impact your property. Once again, it is unfortunate that we were not able to reach agreement, however, it is now time for the Village to move on and make alternate plans for this site. I felt it important that you be notified of the Village's decision to no longer pursue acquisition of your property. Sincerely, �fir/� La IN Arft Vill. ge Administrator LN A/m k tiflpatel7.let Village President and Board of Trustees Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 i� Tel: (847) 965-4100 • TDD (847) 470-5249 • Fax: (847) 965-4162 (847) 965-2233 FAX (847)967-2388 -"teat ., d720�. //J� L ' te May 23, 1997 £limit �iro2Pe, cifi tor-d 60055 2609‘49 Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053-2985 Spiro C. Hountalas, Finance Director/Treasurer In re: Acctuisition of 6910 Beckwith Road. Morton Grove, IL 60053 DiNicola to Village of Morton Grove Dear Spiro: In reference to our closing on the DiNicola property, which was reported to the Village under separate cover on March 3, 1997, enclosed please find the final consummation documents: 1. The original Warranty Deed from the DiNicolas to the Village, which was recorded on March 4, 1997, as document No. 97- 144370. 2 . Chicago Title Insurance Company's policy No. 7646828 which guarantees title to the Village on the property subject only to taxes for the years 1996 and 1997 , which was accounted for by way of an escrow for taxes. The tax payments for 1996 will have to be made as provided in our escrow agreement previously referred to, and the 1997 taxes payable in 1998 will have to be paid up through the date of acquisition. If there are any problems or questions in regard to the above, please contact the undersigned. Very truly yours, GABRIEL S. BERRAFATO /ck enclosure cc: Larry N. Arft, Village Administrator` (847) 965-2233 FAX (847) 967-2388 Ste. .gigt d72Ocrea. c2�etuxe May 23 , 1997 �iciceonei zv //// e, See 60052-2d412 Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053-2985 Attn: Spiro C. Hountalas, Finance Director/Treasurer In re: Acquisition of 6909 Lyons, Morton Grove, IL 60053 Tessien to Village of Morton Grove Dear Spiro: Just a short note to advise that on Tuesday, May 20, 1997, we consummated the acquisition of 6909 Lyons Street, Morton Grove, IL. Accordingly, please find enclosed the following: 1. A signed copy of the Closing Statement by and between Tessien and the Village of Morton Grove. 2 . A HUD or RESPA which has a complete breakdown of the expenses of the purchase and showing the amount of the net check that I delivered to Chicago Title Insurance Company which was in the sum of $161,485. 61 (please see the breakdown on page 2 of the RESPA. ) 3 . A copy of the Trustee's Deed that was conveyed to the Village of Morton Grove concerning the property in question. 4 . Two copies of the spotted Plat of Survey concerning the property in question. 5. Copies of the 1995 Tax Bill and the first installment of 1996 Tax Bill. Please note that you should escrow the tax monies credited to ourselves as purchasers in the total sum of $1, 987.39, broken down as follows: 1996 Taxes - 2nd installment (estimated) : . . . . $1, 166.99 1997 Taxes - Prorated from January 1 to May 20th: $820.40 aZ¢l.If O -6/9 Qe/iviQ & c 4 ix page 2 Please note that both of these tax prorations credited to the Village were prorated at 110 percent of the last year's taxes which means that we should have sufficient monies to pay the taxes when they come due, which will be the second installment of the 1996 taxes and of course, a portion of the 1997 taxes up through the date of acquisition. 6. A check made payable to the Village of Morton Grove, representing interest on our earnest money in the sum of $93 . 00. Please note that the Chicago Title Insurance Company will record the original Deed and issue a policy of insurance to the Village in approximately three to four weeks, at which time I will again, furnish these documents so that your file can be completed. Possession of the premises will be delivered within the thirty (30) day period as provided in our agreement. In the event that we have not received possession on or before thirty days, please contact my office to follow through on said Contract. If you have any questions, please call. Very truly yours, GABRIEL S. BERRAFATO /ck enclosure cc: Larry N. Arft, Village Administrator vV f 'T- (847)969-2233 Q --- FAX (847);967-2388 a.&a®l/ ty q' s ," 6720c�/////� Meets March 3, 1997 Seen ci> e, J`aseza 60055 POW Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053-2985 Attn: Spiro C. Hountalas, Finance Director/Treasurer IN RE: Purchase of 6910 Beckwith Road, Morton Grove, IL 60053 Gentlemen: I am pleased to inform you that the above-entitled matter has now been consummated at Chicago Title Insurance Company. Accordingly, I do hand you herewith the following documents: 1. A copy of a letter dated December 26, 1996, which was furnished to the Village, along with a fully signed and executed Contract and Rider regarding this transaction. If you need further copies of those documents, please advise. 2. A copy of the Seller's Closing Statement, which pertains basically to the Seller, but it does show the various items that the Seller is paying for from the proceeds of the sale. 3 . A copy of the RESPA or HUD Statement which has been highlighted on the Buyer's side regarding what the Buyer or Purchaser paid. (Please note that the Village' s check was $279,429.25, which was the balance due less taxes. ) 4 . A check made payable to the Village of Morton Grove in the sum of $570.75 (This check represents the balance or difference between what we deposited with the title company, $280, 000. 00 as against the actual requirement. ) 5. A check made payable to the Village of Morton Grove representing interest on our $10,000. 00 earnest money per our Contract, which check is in the sum of $39. 12 . 6. A copy of the Warranty Deed running to the Village which is presently being recorded by the title company and which will be returned through my office, at which time I will file to exempt any further real estate taxes being due on the property in question. page 2 March 3 , 1997 7. A Chicago Title Insurance Company title commitment which has waived off the commitment the first installment of the 1996 taxes as well as the Mortgage and other documents that showed as objections to the title. 8. A Cash Escrow Trust Agreement with the title company, which means that they took all cash in and disbursed. 9. A copy of the Agreement between the DiNicolas and ourselves concerning the guarantee on possession. (The original of this document is in my possession. ) 10. Three (3) spotted Plats of Survey on the property in question. 11. Two (2) Survey Bills, one for 6010 Beckwith and one for 6909 Lyons, Morton Grove, each in the amount of $190.00. First, I would appreciate it if you would pay Samborski, Mattis, Inc. the $380.00 owed to them. Secondly, to reiterate our agreement with the sellers of this property, they will remain in possession of the house up through April 1, 1997, or thereabouts. Then they will move everything into the garage until we give them notice to remove their possessions from the garage which they must do within thirty (30) days of the notice or the escrowed amount of $2 ,905. 00 will be paid out to us at the rate of $290. 00 a day or ten percent, for each day possession of the garage is withheld, until the escrowed amount has been exhausted. In addition, the DiNicolas will pay for all utilities through the date that they relinquish possession of the premises, except for the garage which somehow will have to be accounted for as far as the electric is concerning, since no other utilities should be used by the DiNicolas. I directed Mr. DiNicola to contact Mr. Arft to explain when he was relinquishing possession as well as the care of the property, storage of property within the garage, and the conduct of the DiNicolas regarding stopping at the property, etc. , until it is finally turned over to the Village. text & page 3 March 3, 1997 Please also note that we took care of the survey bills outside of the closing, which is why there is no reference to them in the closing documents. When the recorded Deed is delivered along with the title policy, I will deliver those documents to the Village as well as utilize the recorded Deed to exempt the taxes. Please note that the Agreement regarding the taxes is as follows: The DiNicolas have deposited with the Village the total sum of $2,765.25, so that we can pay the second installment of the 1996 taxes as well as the first sixty-two (62) days of the 1997 taxes. The total represents 105 percent of the 1995 tax bill. If there is any difference between the amounts that the Village must pay out for 1996 and 1997, there will have to be a re-proration of the taxes based on the actual bills. This was according to our Contract and Rider on the sale and purchase of the premises. If you have any questions, please call . Very truly yours, ( tABR S. ERRAFATO /ck enclosure cc: Larry N. Arft, Village Administrator (with enclosure) N . PLAT pP ,.,..SURVEY $y SAMBORSK1;.MATTIS,'INC. LAND SURVEYORS 4332 OAKTON STREET SKOKIE, ILL. 60076 0 (847) 674-7373 OF LOT 13 IN FIRST ADDITION TO MILLS PARK ESTATES, BEING MILLS AND SONS SUBDIVISION IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRPJCPAL MERIDIAN, IN COOK COUNTY, LLINOIS. • . T 64.13 64.0 R. b �8 FT. UTILITY EASEMENT p-r,� • .(1`yc x-- ram Z T—"� M'(.y O �rN`O yOJ 1 4 a P Y O,Oy u�a.e. 1 N$47 Q/,s, t o d�O'44`C' b �....� to % ',n, yfi'f`l.elk, e �p �` �o� a� ,, 4.61 I 3 x 4tsr S ��» 11� co Cr 4.19 / f `t T . 2422 \ to 4,"y St A. N • P a B:' '` 5.56 a) F. S y'• , 1.'.1 I'n 3�� t. trp > SY 17.Ory O.O // DECK t Q * 4a BRICK i FAME 04�pp��o W 4 // m 7.09 ,r4 kb y 4r" O 0.30 _ — — — �/ c�,n —ii 4? _ 13.13 .nay,Ohl 1 r 4.p // G`F` o R 2 STORY BRICK & FRAME 'I S4. os99. * v € / •6910 c fsT M gl C D I 0H N' ¢O m a O A. z r Illr { A L 41.30 /�///. .. tk. r� T T. r , rte f `9 " 6.87 r 25 FT. BUILDING LINE Lt" O/ e r 3 m f, m o 2 N M O U • 125.0 20' y,,"I 1, 60.0 A4" ',Im!. 0-00 reW CONCRETE WALK ��3a" �\�t\iFl J .'/,,y p�.�'o0"'3 \ CONC. \ TC?0'{_ ^� d —rnwrPrTr roan 4 GUTTER S_ THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER © CHICAGO TITLE AND TRUST COMPANY 9500107994 097008593 5112 001 MARCH 09 . 1997 ? PAY TO THE 719 FILE NO. CLOSER SKOKI E 9500107994 ORDER OF '* VILLAGE OF MORTON GROVE ** $570 .75 FIVE HUNDRED SEVENTY AND 75/100 Dollars BANK OF AMERICA ILLINOIS CHICAGO.ILLINOIS 60697 • D AFT 180 DAYS FROM DATE OF ISSUE. THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK-HOLD AT AN ANGLE.TO VIEW 111950010799411' I:07L9232841: 49..1 L338811' CHICAGO TITLE AND TRUST COMPANY DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. IF NOT CORRECT PLEASE NOTIFY US PROMPTLY :HECK #: 009500107994 ESCROW #: 01409-097008593-001 ORDER #: 01409-007646828 CLOSER: SM2 CLOSING LOC: SK PROPTY: 6910 BECKWITH CITY: MORTON GROVE MEMO: EXCESS FUNDS 570 . 75 CHECK TOTAL $570 . 75 70-7173/2719 fl FIRST FEDERAL 1 r BANK -211-97 A 15 9 0 0 7 749 Lee Street,Des Panes.IL 800166°71 -- "" VOID OVER $39. 12 Phone:(847)2906500 PAY t34doIs1Zcts - $ 39.12 FOR 1 THE VILLAGE OF MORTON GROVE FRANK R. CAMODECA ORDER OF L J • CASHIER'S CHECK PRESIDENT at GEftioRIZED SIGNATURE II' L59007r L' 2 ? L971039: 590440600503x' WARRANTY DEED Joint Tenancy Statutory (ILLINOIS) (Individual to Individual) THE GRANTOR(S) , LOUIS B. DI NICOLA and MADELEINE J. DI NICOLA, husband and wife, of the Village of Morton Grove, County of Cook, State of Illinois, for and in consideration of Two Hundred Ninety Thousand Five Hundred Dollars ($290,500.00) and no cents and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CONVEY(S) and WARRANT(S) to VILLAGE OF MORTON GROVE, a municipal corporation, of the County of Cook, State of Illinois, the following described Real Estate, to wit: LOT 13 IN FIRST ADDITION TO MILLS PARK ESTATES BEING MILLS AND SONS SUBDIVISION IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, AS DOCUMENT NO. 1468919, IN COOK COUNTY, ILLINOIS SUBJECT TO: General real estate taxes for the year 1996 and subsequent years, covenants, conditions, restrictions and easements of record, zoning laws and ordinances. hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois. Permanent Tax Identification No. (s) : 10-18-115-003-000 Property Address: 6910 Beckwith Road, Morton Grove, Illinois, 60053 Dated this 3rd day of March, 1997 . C J l_` "-� /✓ �i/� _ SEAL :/%7/ Ll ,c>EeLAL LOUIS B. DI NICOLA MADELEINE J. DI NICOLA EXEMPT-PURSUANT TO SECTION 1-11.5 VILLAGE OF MORTON GROVE REAL ESTATE TRANSFER STAMP EXEMPTION NOa 02727 7 /"�y� ,(D!`TE 407-47-97 ADDRESS 690 (�C/ • Awe-cde. J n 'VOID IF OIF ERp ENiFROM OEEOI BY (((/TTT///IQy2(1��,^",iii^"ccggq`----- IF EREENT FROM State of Illinois ) ss Cook County I, the undersigned, a Notary Public in and for said County and State, DO HEREBY CERTIFY that LOUIS B. DI NICOLA and MADELEINE J. DI NICOLA, are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as thei ree and voluntary acts for the uses and purposes therein set fo h, ' cluding the release and waiver of the right of homestead. A. r Given under my hand and my seal, tfte.8 4. ?cc March, 1997 . Notary. III !. °. Impress seal here .%:;4%., � •r4B This instrument prepared by Frank R. Camodeca, 601 lee Street, Des Plaines, IL 60016 GABRIEL S. BERRAFATO MAIL TO: 8720 Ferris Avenue Morton Grove, IL 60053 SEND SUBSEQUENT TAX BILLS TO: Village of Morton Grove 6101 W. Capulina Morton Grove, Illinois 60053 Chicago Title Insurance Company 8707 SKOKIE BLVD. , SKOKIE, IL 60077 REFER INQUIRIES TO: (847) 677-3410 COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance,as identified in Schedule A(which policy or policies cover title risks and are subject to the Exclusions from Coverage and the Conditions and Stipulations as contained in said policy/ies) in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor, all subject to the provisions of Schedules A and B hereof and to the Commitment Conditions and Stipulations which are hereby incorporated by reference and made a part of this Commitment.A complete copy of the Commitment Conditions and Stipulations is available upon request and such include, but are not limited to, the proposed Insured's obligation to disclose, in writing, knowledge of any additional defects, liens, encumbrances, adverse claims or other matters which are not contained in the Commitment; provisions that the Company's liability shall in no event exceed the amount of the policy/ies as stated in Schedule A hereof, must be based on the terms of this Commitment, shall be only to the proposed Insured and shall be only for actual loss incurred in good faith reliance on this Commitment; and provisions relating to the General Exceptions, to which the policy/ies will be subject unless the same are disposed 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 inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by issuance of a revised Commitment. This Commitment is preliminary to the issuance of such policy or policies of tide insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue,whichever rust occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment 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 member of the Chicago Title and Trust Family of Title Insurers for the purpose of issuing a title commitment or policy or policies shall be considered a violation of the proprietary rights of the Company of its search and examination work product. This commitment shall not be valid or binding until signed by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY Authorized Signatory Providing Tide Related Services Since 1847 ORDER NO. : 1409 007646828 SK RECI.ACKS SM2 K.S/ n1inl /n, 09 •S1 -11 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A YOUR REFERENCE: VILLAGE OF MORTON GROVE ORDER NO. : 1409 007646828 SK EFFECTIVE DATE: JANUARY 15, 1997 1. POLICY OR POLICIES TO BE ISSUED: OWNER'S POLICY: ALTA OWNERS 1992 AMOUNT: $290,500.00 PROPOSED INSURED: VILLAGE OF MORTON GROVE 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN IS A FEE SIMPLE UNLESS OTHERWISE NOTED. 3. TITLE TO SAID ESTATE OR INTEREST IN SAID LAND IS AT THE EFFECTIVE DATE VESTED IN: LOUIS B. DI NICOLA AND MADELEINE J. DI NICOLA, HIS WIFE, AS JOINT TENANTS 4. MORTGAGE OR TRUST DEED TO BE INSURED: NONE ax50ini QM, Dar= ni KQZ f1Z /nZ /q7 09 -SZ -76 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A (CONTINUED) ORDER NO. : 1409 007646828 SK 5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: LOT 13 IN FIRST ADDITION TO MILLS PARK ESTATES BEING MILLS AND SONS SUBDIVISION IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, AS DOCUMENT NO. 1468919, IN COOK COUNTY, ILLINOIS RLEOAL SM2. DA(:R A2 KR7 nh /fl /q- 119 .01 QC CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B ORDER NO. : 1409 007646828 SK SHOULD BE FURNISHED A PROPERLY EXECUTED ALTA STATEMENT AND, UNLESS THE LAND INSURED IS A CONDOMINIUM UNIT, A SURVEY IF AVAILABLE. MATTERS DISCLOSED BY THE ABOVE DOCUMENTATION WILL BE SHOWN SPECIFICALLY. I I . NOTE FOR INFORMATION: THE COVERAGE AFFORDED BY THIS COMMITMENT AND ,, POLICY ISSUED PURSUANT HERETO SHALL NOT COMMENCE PRIOR TO THE V DATE ON WHICH ALL CHARGES PROPERLY BILLED BY THE COMPANY HAVE BEEN FULLY PAID. A 3 . �i �s1 T. S FOR THE YEARS 1996 & 1997. Pi ye 997 TAXES ARE NOT YET DUE OR PAYABLE. 63)1/1/4,---• PERMANENT INDEX NUMBER: 10-18-115-003-0000. NOTE: 1995 TOTAL AMOUNT BILLED: $ 3,794.24 NOTE: 1996 FIRST INSTALLMENT NOT DELINQUENT BEFORE MAR 4, 1997. MORTGAGE RECORDED SEPTEMBER 13, 1995 AS DOCUMENT NO. 95614576 MADE BY LOUIS B. 1011.11r• NICOLA AND MADELEIN J. DI NICOLA, HIS WIFE TO LIBERTY MORTGAGE CORP, NW TO V SECURE AN INDEBTEDNESS IN THE AMOUNT OF $139, 000.00. 1 ASSIGNED TO CHEMICAL RESIDENTIAL MORTGAGE CORP. BY INSTRUMENT RECORDED AS DOCUMENT NO. 95614577. C 5. PURSUANT TO A COOK COUNTY ORDINANCE, A TAX BILLING INFORMATION FORM MUST BE ATTACHED TO ANY DOCUMENT TO BE RECORDED WHICH IS INTENDED TO CHANGE TO WHOM OR WHERE THE REAL ESTATE TAX BILLS ARE TO BE SENT. A SEPARATE TAX BILLING INFORMATION FORM MUST BE COMPLETED FOR EACH PERMANENT INDEX NUMBER AFFECTED. MULTIPLE TAX BILLING INFORMATION FORMS ARE NOT REQUIRED FOR A SERIES OF DOCUMENTS THAT ARE TO BE RECORDED SIMULTANEOUSLY. D 6 . THE RECORDING OF ANY DEED OR OTHER INSTRUMENT OF CONVEYANCE OF THE LAND, OR ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER A LAND TRUST, MAY BE SUBJECT TO REAL ESTATE TRANSFER TAXES LEVIED BY THE VILLAGE OF MORTON GROVE AND IS SUBJECT TO PRIOR APPROVAL BY THE DIRECTOR OF FINANCE. IN THE ABSENCE OF SUCH APPROVAL, THE RECORDER OF DEEDS OR REGISTRAR OF TITLES IS REQUIRED BY STATE LAW TO REFUSE TO RECORD OR REGISTER THE INSTRUMENT OF CONVEYANCE OR ASSIGNMENT. ` EI. 7. LIEN IN FAVOR OF THE VILLAGE OF MORTON GROVE TO WHICH THE LAND WILL BECOME SUBJECT IN THE EVENT THAT A DEED OF CONVEYANCE THEREOF OR AN ASSIGNMENT OF THE V BENEFICIAL INTEREST THEREIN IS RECORDED WITHOUT HAVING AFFIXED THERETO THE REVENUE STAMPS REQUIRED BY ORDINANCE RECORDED DECEMBER 14, 1987, AS DOCUMENT NUMBER 87658949 . RCSCHB1 SM2 PAGE B1 KS3 03/03/97 09 :53 :38 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER NO. : 1409 007646828 SK H 8. 25 FOOT BUILDING LINE AS SHOWN ON THE PLAT OF SAID SUBDIVISION. 1 9 . EASEMENT FOR PUBLIC UTILITIES, AND THE EASEMENT PROVISIONS AND GRANTEES AS SET FORTH ON THE PLAT OF SUBDIVISION, OVER THE FOLLOWING: 8 FEET. .l 10. COVENANTS AND RESTRICTIONS (BUT OMITTING ANY SUCH COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS) , CONTAINED IN THE DOCUMENT FILED AS DOCUMENT NO. LR1468921 WHICH DOES NOT CONTAIN A REVERSIONARY OR FORFEITURE CLAUSE. 11. COPIES OF THE COMMITMENT HAVE BEEN SENT TO: GABRIEL S BERRAFATO & ASSOCIATES 8720 FERRIS AVE ROOM 218 MORTON GROVE, ILLINOIS 60053 FRANK CAMODECA 601 LEE ST DES PLAINES, ILLINOIS 60016 F 12 . FOR SKOKIE CLOSINGS, PLEASE FAX FIGURES TO (847) 677-3421. FOR PARK RIDGE CLOSINGS, PLEASE FAX FIGURES TO (847) 823-0223 . FOR NORTHBROOK CLOSINGS, PLEASE FAX FIGURES TO (847)509-9886. WATER CERTIFICATION CAN BE ORDERED WHEN SCHEDULING A CLOSING. ** END ** RRCSCHBC PAGE B 2 SM2 ICS1 fl /fl /q7 na -s1 -1a • CHICAGO TITLE AND TRUST COMPANY 8707 SKOKIH BOULfiVARD, SKOKIE, ILLINOIS 60077 Refer to: STEFANIE MABADI Phone no.: (847) 677-3410 Faxno.: (847) 673-0645 CASH ESCROW TRUST AGREEMENT (NOTE This form of escrow trust agreement is to be used for ash transactions with immediate disbursement only.It disbursement does not take place the same day,deed and money escrow trust instructions should be used.) ESCROW TRUST NO.: 1409 097008593 1 DATE: 03/03/97 Commitment Number: 1409 007646828 SK Seller: LOUIS B. DINI COLA Purchaser: VILLAGE OF MORTON GROVE Property Address: 6910 BECKWITH, MORTON GROVE, ILLINOIS 60053 TO: CHICAGO TITLE&TRUST COMPANY,ESCROW TRUSTEE("CHICAGO TITLE") 1. The undersigned seller and purchaser (or representatives) hereby authorize Chicago Title to make disbursements for the sale of the subject property in accordance with the signed Escrow Trust Disbursement Statement OR Escrow Receipt and Disbursement Authorization and RESPA attached hereto. 2. It is expressly understood, that Chicago Title does not represent either seller or purchaser; further Chicago Title is acting solely as an escrow trustee for disbursement of funds deposited herein and closing of the sale transaction, all in accordance with this escrow trust agreement. 3. The undersigned hereby direct you to make the above-referenced disbursements only when the following conditions are satisfied: A. You have received funds by either wire transfer, cashier's or certified checks NOTE: Some restrictions and additional fees may be applicable in the event Chicago Title is asked to wire transfer any disbursements: B. You have received transfer documents in a form satisfactory to seller and purchaser; C. You have received clearance documentation (including but not limited to ALTA, survey, payoff letters, tax bills, etc.) sufficient to permit Chicago Title Insurance Company ("CTI") to issue its regular form of owner's title insurance policy insuring VILLAGE OF MORTON GROVE in the amount of$ 290,500.00 subject only to: the following tide exceptions shown in the above-referenced order number: H, I, J OR subject only to those exceptions shown on the commitment attached hereto. D. You have received documentation sufficient to permit CTI to issue the following endorsements to the owner's title insurance policy referenced above: E. 'You have received from the seller a 1099 solicitation/certification of exemption and/or a copy of the FIRPTA affidavit given to the purchaser. ST19 Page 1 Escrow Trust No.: 1409 097008593 1 4. When you have made the above-referenced disbursements,the undersigned hereby direct you to A. Record the transfer documents; B. Obtain releases for any liens paid from funds deposited herein and deliver recorded releases and cancelled mortgage documents to FRANK CAMODECA C. Issue the above-referenced owner's title insurance policy and deliver same to GABRIEL BERRAFATO In the event the conditions set forth herein are not satisfied for any reason on the date this agreement is executed,you are to immediately return all funds and documents given to you in accordance with Section 3 above ("deposits") to the party who delivered them to you at once.In such case this escrow trust agreement shall be considered null and void. (NOTE: If the parties hereto wish to leave their deposits with Chicago Title until such a time as the transaction can be closed, separate deed and money escrow trust instructions should be prepared and executed to govern the transaction.) 6. The following Chicago Title and CTI charges shall be paid from seller's funds: State and County transfer stamps, releases recorded to clear seller's title,owner's title insurance policy, escrow fee and 7. The following Chicago Title and CTI charges shall be paid from purchaser's funds: transfer stamps, recording the deed, 260 escrow fee and For Seller: For Purchaser: Name: FRANK CAMODECA Name: GABRIEL BERRAFATO By: By: Address: 601 LEE STREET Address: 8720 FERRIS DES PLAINES, ILLINOIS 60016 #218 MORTON GROVE, ILLINOIS 60053 Phone: (847) 824-6845 Phone: - -65-2233 :ture: r :�� �i�� Sign . e: `j�_Lj``i Accepted: Chicago Title and Trust Company, as Escrow Trustee By: Date. / j /q 7 STEFANIE MABADI S719n Page 2 SAMBORSKI, MATTIS,INC. Surveyors Michael J.Mattis,President 4332 OAKTON STREET • SKOKIE,IL 60076 • PHONE:847/674-7373 . FAX:847/674-7385 - -- Gabriel S. Berrafato Village of Morton Grove 6101 Capulina Street Morton Grove, Illinois 60053 • Please refer ra Order NO.when making payments • Date 2/26/97 Order No. 32-97 • 6909 Lyons, Morton Grove $190.00 Sellers: Frank Tessien and Carol Loftus • • • SAMBORSKI, MATTIS,INC. Surveyors Michael I.Mattis,President 4332 OAKTON STREET . SKOKIE,IL 60076 • PHONE: 847/674-7373 • FAX:847/674-7385 Gabriel S. Berrafato Village of Morton Grove 6101 Capulina Street Morton Grove, Illinois 60053 Please refer to Order Nn.when making payments Date 2/26/97 Order No. 33-97 6910 Beckwith, Morton Grove $190.00 Sellers: Louis B and Madeleine J. DiNicola • • • (847) 965-2233 Q FAX (847) 967-2388 ®fot,1 t_Qent/Ite0A I& glaielt February 19, 1997 Seen Ste, Sage 6005 2cPM2 Frank Camodeca 601 Lee Street Des Plaines, IL 60016 In re: DiNicola et al. to the Village of Morton Grove Dear Frank: As per our discussion on Tuesday, February 18th, this will confirm that the Village of Morton Grove will agree to Mr. and Mrs. DiNicola using the garage for storage on a month-to-month basis, as indicated in his letter of February 5, 1997, a copy of which is attached, on the following condition: At the time of closing on the purchase, one percent (1%) of the sales price or $2 ,905. 00 will be placed in escrow in an interest bearing savings account to guarantee possession will be delivered to the Village after thirty (30) days notice, or the escrow amount shall be paid to the Village as and for liquidated damages at the rate of ten (10%) percent per day for each day that possession is withheld. If this is acceptable to you and your client, please indicate your approval on a copy of this letter and return it my office at your earliest convenience. Ve truly yours, Vi -ge of Morton Grove We ■• S. B RRA .TO, attorney /ck / APPROVED: DATE: i.<. - arry N. •rft, Village Administrator Village of Morton Grove _1 :414136C. Village of oVlorton grove Office of the Village Administrator February 11, 1997 Mr. Lou DiNicola 6910 Beckwith Morton Grove, IL 60053 RE: Use of garage for temporary storage following Village purchase of this property Dear Mr. DiNicola: We are in receipt of your correspondence dated February 5, 1997,in which you offer to exchange services related to the lawn care and site clean up of the residential property located at 6910 Beckwith which will be purchased by the Village on March 1, 1997. In exchange for this service,you will be allowed to use the garage currently located on the site on a month-to-month basis for storage of your furniture and related personal property. I have discussed this matter with the Village Board and they concur that this would be a good arrangement for both parties. I have already discussed this matter with the Village's Corporation Counsel,Mr. Berrafato, and he will be working directly with your attorney to create the necessary agreement which will be done as part of the closing documents. While it is uncertain at this time as to when the Village will gain title to the adjacent Admiral Oasis property,it is imperative that you understand up front that following the thirty day advance notice,you must varate the property. Any delays in our access to the site following the agreed upon thirty day notice could create a substantial financial hardship and could force the Village to take immediate corrective action to insure that the garage is vacated and made available for immediate Village use. As indicated in your correspondence, it would be advisable for you to provide some kind of insurance on the contents of the garage since it is unlikely that the Village would have any coverage beyond the value of the structure if a casualty loss should occur. As you know,we very much appreciate the community spirit you and your family has shown with regard to the need to redevelop this portion of our community. Hopefully this additional concession,on the part of the Village,will further illustrate our appreciation. Once again,Mr.Berrafato will be in contact with your attorney to work out the necessary details. /f/1 N.Aril . -e Administrator LNA/mk cc: Village President and Board of Trustees Gabe Berrafato, Corporation Counsel c;vo,Nta Richard T. Flickinger Municipal Center a 6101 Capulina Avenue • Morton Grove, Illinois 60053-2902 Tel: (708) 965-4100 • TDD (708) 470-5249 • Fax: (708) 965-4162 FEBRUARY 5, 1997 y MR. LARRY ARFT VILLAGE ADMINISTRATOR VILLAGE OF MORTON GROVE 6101 CAPULINA MORTON GROVE, ILLINOIS 60053 DEAR LARRY: AS WE DISCUSSED BY PHONE TODAY, OUR CLOSING IS SCHEDULED FOR MARCH 1, 1997 AND WE PLAN TO VACATE OUR HOME BY APRIL 1, 1997 AS SPECIFIED IN OUR CONTRACT. WE WILL MOVE IN WITH OUR DAUGHTER UNTIL CLOSING ON OUR NEW HOME SEPTEMBER 1, 1997 . WE WOULD LIKE TO USE THE GARAGE FOR STORAGE ON A MONTH TO MONTH BASIS. IN EXCHANGE FOR THIS CONCESSION ON THE PART OF THE VILLAGE, I WILL MAINTAIN THE EXTERIOR PROPERTY (LAWN MOWING, CLEANUP, ETC. ) TO GIVE THE APPEARANCE THAT IT IS OCCUPIED. THIS WILL SAVE THE VILLAGE THE COST OF SENDING OUT THE PUBLIC WORKS DEPARTMENT TO DO IT. AS I MENTIONED, VANDALISM WOULD BE A REAL POSSIBILITY WITH THE MOTEL SO CLOSE. IN ADDITION, I WORK IN THE AREA AND WILL CHECK THE HOME INTERIOR PERIODICALLY IF YOU WISH. I WOULD INFORM THE POLICE OF WHEN I WOULD BE ENTERING THE HOME OR GARAGE . WE WOULD BE PREPARED TO VACATE THE GARAGE ON 30 DAYS NOTICE. IN REALITY, I'M SURE WE' LL ALL HAVE A FEEL FOR THE STATUS OF FINALIZATION OF THE MOTEL CONDEMNATION LONG BEFORE THAT. I WOULD PROVIDE MY OWN RENTER' S INSURANCE ON THE GARAGE CONTENTS, SO THERE WOULD BE NO EXPOSURE TO THE VILLAGE FROM THAT ASPECT. THE WATER AND GAS CAN BE TURNED OFF IF YOU WISH. IT WOULD BE BEST TO LEAVE THE ELECTRICITY ON SO VISIBILITY IS NOT IMPAIRED WHEN DOING THE HOME INSPECTIONS . AS I SAID BEFORE, IF WE CAN DO ANYTHING FROM A PUBLIC RELATIONS ASPECT, PLEASE FEEL FREE TO ENLIST OUR HELP ! V 1 (847) 965-223 FAX (847) 967-2388 ®Aet-o/ Sand S..6 �a•IS• d720c, Sageltae January 16, 1997 eticeett timtee, J, toes 60058-2112 THIS LETTER SENT VIA FAX (847-965-0216) and REGULAR MAIL Carl N. Graf, Jr. & Associates 6032 N. Lincoln Avenue Morton Grove, IL 60053 In re: Tessien to Village of Morton Grove 6909 Lyons Street, Morton Grove, IL Your File No. : 4060-V1 Dear Mr. Graf: Enclosed please find a signed letter of approval dated January 13 , 1997, and approved January 15, 1997, to the items contained therein. We will now take the necessary steps to order the title and survey at the earliest convenience, since the time of closing shall be on or before May 15, 1997 . Also enclosed herewith is the original check for $10, 000. 00 representing earnest money for the purchase of the above-mentioned property. Please handle accordingly. If there are any questions concerning the above, please contact the undersigned. Very truly yours, GABRIEL S. BERRAFATO Corporation Counsel Village of Morton Grove nc enclosures �., e cc: Larry N. Arft, Village Administrator (With the following enclosures: A copy of original signed Contract with Rider and a copy of the signed letter of approval, as mentioned above. . /706/965-4' &D pp � Mo6/965€2276 eAt eqaci „gra/ A. & �5dlesoec�cfed 605/�J d*' �/v £,.4.n .Buse, Jrdowa 600.379-2955 January 13, 1997 Via Facsimile 847/965-2233 and First Class Mail Gabriel S. Berrafato, Esq. Berrafato & Porter 8720 Ferris Ave. Morton Grove, IL 60053 Re: Tessien to Village of Morton Grove 6909 Lyons Street, Morton Grove, IL Our File No. 4060-V1 Dear Mr. Berrafato: This letter is in confirmation of our recent telephone conversation and personal conference of January 9, 1996 regarding the above transaction. As you are aware, we are the attorneys for Mrs. Jeanette Tessien, owner of One Hundred (100%) of the beneficial interest in land trust 90-114, dated 5/22/90 with the First National Bank of Morton Grove as Trustee. Said land trust is the legal title owner of the above-referenced improved real estate. This letter further is to acknowledge the entry into by the parties of a Real Estate Sale Contract dated December 19, 1996 and I enclose the two duplicate originals of same. As attorney for the Seller-Owner, please be advised that said contract is amended as follows: 1. Page 1. Paragraph 1: Frank Tessien and Carol Loftus have executed said contract not as owners thereof but as agents of Mrs. Jeanette Tessien, the owner of One Hundred (100%) of the beneficial interest and as agent for the First National Bank of Morton Grove as Trustee under Trust 90-114 dated 5/22/90. 2. Page 1, Paragraph 2: Year of Real Estate Taxes extended to 1996 and 1997. Mr. Gabriel Berrafato January 13, 1997 Page Two 3. Page 1. Paragraph 6: Add the following sentence to paragraph: "Seller shall not pay any sum of money to Purchaser for said possession of the premises following closing of sale excepting the cost of utilities charged therefor." 4. Page 1. Paragraph 8: Add the following language: "Seller's social security number is that of 348-24-1534." 5. Page 2, Paragraph 8: Add the following language: "Notice may be given by either party herein by fax with the same legal effect as if by personal delivery and/or certified or registered mail and shall be effective at the date and hour given with confirmation of receipt being received. The parties hereby authorize service of any required notice to be given upon their respective attorneys with the same legal effect as if personally made upon them." 6. Rider, Paragraph 13: Said paragraph is deleted and of no force and effect. 7. Rider. Paragraph 17: Add the following sentence to said paragraph: �.. "All of the aforesaid payments shall be made by Purchaser at the closing of sale." On behalf of our client, I hereby reaffirm all other provisions of the contract and accept same as amended above. Please affirm your agreement to the above amendments in behalf of your client as soon as possible by signing and returning to me a copy of this letter. Very truly yours, a Carl N. Graf, Jr. ;, CNG\jmb � (dictated but not read) cc: Mr. Frank Tessien (Via First Class Mail) Mrs. Carol Tessien (Via First Class Mail) Acknowle ed and Agreed to iS a of January, 1997 (ab riel S. Berrafato, Atto $rror Purchaser CHICAGO TITLE INSURANCE COMPANY•ILLINOIS FORM A. • Real Estate Sale Contract VILLAGE OF MORTON GROVE (Purchaser) agrees to purchase at a price of$ 172,000.00 on the terms set forth herein,the following described real estate in Morton Grove, Cook County,Illinois: (If legal description is not included at rime of execution, GABRIEL S. BERRAFATO or Seller's attorney I. authorized to insert thereafter) commonly known as 6909 Lyons Street, Morton Grove, IL 60053 ,and with nsions of x -,together with the following property presently located thereon:(strike items not applicable)(a)storm and screen doors and windows;(b)awnings;(c)outdoor television antenna:(d)wall-to-wall,hallway and stair carpeting;le) window shades and draperies and supporting fixtures;(f)venetian blinds;(g)electric,plumbing and other attached fixtures as installed;(h)water softener: (i)refrigerator(s);(j) range(s);(k)garage door opener with transmitters;(I)radiator covers;(m)indoor and outdoor(louvered)shutters:and also including all attachments, draperies, ceiling fans, cabinets, counter tops, bathroom fixtures, carpeting, etc. 2. FRANK TESSIEN and CAROL LOFTUS (Seller) (Insert names of all oovers and their respective spouses) agrees to sell the real estate and the property,if any,described above at the price and terms set forth herein,and to convey or cause to be conveyed to Purchaser or nominee tide thereto(in joint tenancy)by a recordable deed,with release of homestead rights,and a proper bill of sale.subject only to:(a)covenants,conditions and restrictions of record; or • ,r.. i..._ .•.I L.. .'•••••••• ••••-••••• i . .4 ,4 . ,..,.� . .• .. ..rot r. . .,.�t.l .•I ..e••e aa._a ... L•., ...r • :.• -. . . (i)general taxes for the year 1996 and subsequent years including taxes which may accrue by reason of new or additional improvements during the year(s) 1996 ;and to 3. Purchaser has paid f 10,000.00 ,-,.•.,L.,. wwwwwwo 4 4.... I ,.•, )as earnest money to be applied on the purchase price,and agrees to pay or satisfy the balance of the purchase price,plus or minus prontions,at the time of closing as follows: (strike subparagraph not applicable) (a) The payment of$ 162,000.00 ••.:..,... I-•- •...to �r•<a r�r,,..,n »_..,,_,, ••. .o_... . ••+.r.r r. .: ..1 ee.P4,1,•.-440•••••••••,7111T,44,;41-.411,1•,41:,...., ..a,...q .u•.. mopcostosepters -••i.:r..a u.r.a.•�..-o.r•.I..., ''I.iL., ..:o.,..u•:..�I.•.,.�r.•n-rl-na•w.w...w•,,;.aa•'I:,tr..l nl.r,.a•..ae.,coo,•.p•tt. _ 'I4'u Y..!•'I!'s,. , a', .I•.I.. .... ..•l.uw•a•.•••w•t'.a-F. ,a ...a.n.. ra•.atl• ,PIA^n6.•- a ♦.tl. r...•...... .o.r.. •n Ii ...J.-..a.0 l I.la lA a. rl S•... ... _..,.0 sal I•.I. ... •i I.i • . � . , I_ .an,. 4;4 ... . . r r4r 4.4 t. : e.sn.••,- ot■. o.l.vl..: ,3...,,. -.• ...•us:,...an.l'.i xa.ttL.,.. .L.ic ac..p .p.•.:r•.. �.r•• ,>tElu. :,..•....a....•...,.•..I•... .,..• a..• ....•••••• (Strike paragraph if inapplicable.) - - 5.The time of closing shall be on May 15, 1997 ,or 20 days after notice that financing has been procured if above paragraph 4 is operative. or on the date.if any,to which such time is extended by reasons of paragraph 2 of the Conditions and Stipulations hereafter becoming operative(whichever date is later).unless subsequently mutually agreed otherwise,at the office of CHICAGO TITLE INSURANCE CO. miximaxgpwegatocK g9'.provided title is shown to be good or is accepted by Purchaser. 6. Seller shall deliver possession to Purchaser on or before 30 days after the sale has been closed. 7.Seller agrees to pay a broker's commission to seller represents no. real estate broker involved in the amount set forth in the broker's listing contract or as follows: S.The earnest money shall be held by seller's attorney in an interest bearing account for the mutual benefit of the parties. 9.Seller agrees to deliver possession of the real estate in the same condition as it is at the date of this contract.ordinary wear and tear excepted. 10. A duplicate original of this contract,duly executed by the Seller and his spouse,if any,shall be delivered to the Purchasers within 4 days from the date below,otherwise,at the Purchaser's option,this contract shall become null and void and the earnest money shall be refunded to the Purchaser. This contract is subject to the Conditions and Stipulations set forth on the back page hereof,which Conditions and Stipulations are made a pan of this contract. SEE RIDER ATTACHED HERETO AND MADE A PART HEREOF. Dated December 19, 1996 VILLACA OF RTI)N...940VE Purchaser BY: dij/Qy /j ;DAIA1h*) (Address) 6101 Capulina, Morton Grove, IL 60053 its Purchaser iliCt-S//)r ve (Address)) 6909 Lyons Street, Morton Grove, IL 60053 Tes en Seller - (Address) 6909 Lyons Street, Morton Grove, IL 60053 4e: of .ftus Seller +.t .twa C a (Address) CONDITIONS AND STIPULATIONS PURCHASER SHALL ORDER TITLE THROUGH CHICAGO TITLE INSURANCE COMPANY AND PAY ALL COSTS ow`gMtbltt'Jdlirir il. iue delivered m Puri:hale r or Purchaser's agent.not lees t hart 5 days prier to the time of cluing.a role commit ment for an t 's title insurance policy issued hs the Chscagti Title Insurance Company in the annual id th purchase price.covering title to the al estate on on alter the dale hereof. h ine title in the intended grantor sub/eel'ink t f lihegeneral exceptions contained in the policy unless the real e tale is ins provedwith single Lundy dwelling or an apartment budding of our or fe r residential units. hi the title xcepti n set forth above. and(xi tille exceptions pertaining hi liens r encumbrances of a definite tit-acerlainahl -nwum whleh may he removed by the payment d money atthe time of closing and w hick the Seller may so r nova al that time by using the funds to he paid uptnt the delivery of the deed tall of which are herein referred to as the permitted x'eptisinsI hc tide commitment shall It.conelusoe evidence of pad title as therein shown as to all matters insured bs the policy subteeI only to the exceptions a therein stated Seller also shall furnish Purchaser an all Was it or title in customa ry lrtot cove ring the date d ell o sing and silt■ wing tide in Seller sublect only to the perms t J exceptions in I.r going items I h I and Ic)unpe rousted exceptions.it any.as to w hick the title insurer mmmiIs In extend insurance in the manner specified in paragraph 2 below. 2. lithe tide commis meal discloses unpermitted exceptions.Seller shall have 30days from the dale of delivery thereof m have the exceptions removed from the commitment nr to have the title insurer commit to insure against loss or damage that may he occasioned by such exceptions.and.in such event.the time of closing shall he 35 days alter delivery of the comnhtmenl or the time specified in paragraph S on the front page hereof,whichever is later.If Seller fails to have the exceptions removed.or in the alternative,to obtain the commitment for title insurance specified above as to such exceptions within the specified time.Purchaser may terminate this contract or may elect.upon notice m Seller within 10 days after the expiration of the 30-day period.to take title as it then is with the right to deduct from the purchase price liens or encumbrances o(a dei inite or ascertainable amount.If Purchaser does not so elect.this contract shall become null and void without further actions of the panics. 3.Rents,premiums under assignable insurance policies, water and other utility charges,fuels,prepaid service contracts,general taxes, accrued interest on mortgage indebtedness, if any,and other similar items shall be adjusted ratably as of the time of closing. The amount of the current general taxes not then ascertainable shall be adjusted on the basis of(a),(b).or(c)below(Strike subparagraphs not upphcabfe): (a) 110 %of the most recent ascertainable taxes; The amount of any general taxes which may accrue by reason of new oradditional improvements shall be adjusted as follows: REPRORATED TO DATE OF CLOSING. All proration are final unless otherwise provided herein.Existing leases and assignable insurance policies.if any.shall then be assigned to Purchaser Seller shall pay the amount of any stamp tax imposed by State law on the transfer of the title,and shall furnish a completed Real Estate Transfer Declaration signed by the Seller or the Seller's agent in the form required pursuant lathe Real Estate Transfer Tax Act of the State of Illinois and shall furnish any declaration signed by the Seller or the Seller's agent or meet other requirements as established by any local ordinance with regard to a transfer or transaction tax;such tax required by local ordinance shall be paid by the pany upon whom such ordinance places responsibility therefor.If such ordinance does not so place responsibility,the tax shall be paid by the I Purchaser)(Seller).(Strike one.) 4. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract. 5. If this contract is terminated without Purchaser's fault,the earnest money shall he returned to the Purchaser,but if the termination is caused by the Purchaser's fault.then at the option of the Seller and upon notice to the Purchaser.the earnest money shall be forfeited to the Seller and applied first to the payment of Seller's expenses and then to payment of broker's commission:the balance,if any.to be retained by the Seller as liquidated damages. b. At the election of Seller or Purchaser upon notice to the other pany not less than 5 days prior to the time of closing.this sale shall be closed through an escrow with Chicago Tale and Trust Company.in accordance with the general provisions of the usual form of Deed and Money Escrow Agreement then 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 contract. Upon the creation of such an escrow.anything herein to the contrary notwithstanding,payment of purchase price and delivery of deed shall be made through the escrow and this contract and the earnest money shall he deposited in the escrow.The cost of the escrow shall be divided equally between Seller and Purchaser. (Strike paragraphs if inapplicable.) 7.Time is of the essence of this contract. 8. All notices herein required shall he in writing and shall be served on the panics at the addresses following their signatures.The mailing of a notice by registered or certified mail,return receipt requested.shall he sufficient service. By facsimile, proof of transmission & a copy of the notice sent by regular mail on the date of transmission. 9. Purchaser and Salter hereby agree to make all disclosures and do all things necessary to comply with the applicable provisions of the Real Estate Settlement Procedures Act of 197r.In the event that either pany shall fail to make appropriate disclosure when asked,such failure shall be considered a breach on the pan of said party. 10.Alternative 1: Seller represents that he is not a "foreign person"as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section.Seller will furnish Purchaser at closing the Exemption Certification set forth in said Section. Alternative 2: Purchaser represents that the transaction is exempt from the withholding requirements of Section 1445 of the Internal Revenue Code because Purchaser intends to use the subject real estate as a qualifying residence under said Section and the sales price does RN exceed 5300.000. Alternative 3: ` With respect to Section 1445 of the Internal Revenue Code,the panics agree as follows: V (Strike two of the three alternatives.) • i RIDER TO REAL ESTATE SALE CONTRACT DATED DECEMBER 19, 1996, BY AND BETWEEN THE VILLAGE OF MORTON GROVE, PURCHASER, AND FRANK TESSIEN AND CAROL LOFTUS, SELLERS THIS RIDER AND THE TERMS HEREOF SUPERSEDE THE TERMS OF THE REAL ESTATE SALE CONTRACT ATTACHED HERETO. 11. Sellers represent that they have no knowledge of any leaks in the roof, windows, doors or the foundation and that the basement has not received storm or sewer water from any source whatsoever within the past five years. 12 . Sellers represent that all systems, equipment, appliances, if any, to be conveyed by deed or sold by Bill of Sale will be in good operating condition on the date and time of closing. lcco than five dayo prior to olocing, a current Plat of Survey, lines and showing cLLCLOaC1uuca.La tt van alga �a�lary y 'JV LL. co. 14. Purchaser reserves the right to an inspection conducted at Purchaser' s expense within five working days from the date of acceptance of the mutual agreement of the terms regarding this contract. 15. Unless written notice of disapproval is given within the time period specified above, this contingency shall be deemed waived and this contract will remain in full force and effect. 16. The parties acknowledge and agree that this transaction is exempt from any State of Illinois, County of Cook or Village of Morton Grove revenue tax posed by the Real Estate Transfer Tax Act of the State of Illinois or by local ordinance. Sellers agree to provide all required tax exempt declarations fully executed by Sellers together with a deed of conveyance. 17. Purchaser agrees to reimburse the Sellers attorneys fees not to exceed the sum of $550. 00. In addition, Purchaser agrees to reimburse appraisal fees to the Sellers not to exceed the sum of $265. 00. Purchaser also agrees to pay closing costs including title costs and survey costs. 1 • i 18. Sellers shall furnish a real estate disclosure statement. 19. Sellers and Purchaser agree that the contract and rider are subject to attorneys approval for both Sellers and Purchaser within five working days from the date of acceptance of the contract. DATED this 19th day of December, 1996. VILLAGE 9F MORTON GRRO /. ll OVE, Purchaser BY:its C Je FRANK TESSIEN, Seller CAROL LOFTUS, S le�l er 2 • CHICAGO TITLE INSURANCE COMPANY • ILLINOIS FORM A' 0 Real Estate Sale Contract VILLAGE OF MORTON GROVE (Purchaser) agrees to purchase at a price of S 290,500.00 on the terms set forth herein. the following described real estate in Morton Grove, IL, Cook County, Illinois: (If legal description is not included at time of execution, GABRIEL S. BERRAFATO or Seller's attorney is authorized to insert thereafter.) Commonly known as 6910 Beckwith Road, Morton Grove, IL 60053 . and with approximate lot dimensions of rivd' x 52",e4:-"eye,together with the following property presently located thereon: (strike items • not applicable)(a)storm and screen doors and windows; (bl�gs;(c)- ' ' ;(d)wall-to-wall, hallway and stair carpeting; (e) window shades and draperies and supporting fixtures;(f)venetian blinds;(g)electric,plumbing and other attached fixtures as installed;(F.,-n...•-. - r- $.d l&- — s); (j) / range(s);(k)garage door opener with / transmitters;(F) ...l mmemmia; (m) indeaaaad •• ••• ;and also including all attachments; DRAPERIES, CEILING FANS, CABINETS, OUNTER TOPS, BATHROOM FIXTURES, CARPETING, ETC. 2. LOUIS B DiNICOLA and MADELEINE J. DiNICOLA (Seller) (Insert names of all owners and their respective spouses) agrees to sell the real estate and the property, if any,described above at the price and terms set forth herein,and to convey or cause to be conveyed to Purchaser or nominee title thereto(in joim tenancy)by a recordable warranty deed,with release of homestead rights,and a proper bill of sale,subject only to:(a)covenants,conditions and restrictions of record;(b) • ;(c) (i)general taxes for the year 1996 and subsequent years including taxes which may accrue by reason of new or additional improvements during the year(%) 1996 ; and to Purchaser has paid S 10 )0 1) (]0 1 4,,• 4.1. . r•;" (•■•••••.•-.. '.. ..-. .. .� . ...,..' .-I.I••••.•.•.•.•.•...•.•.•...•. as earnest money to be applied on the purchase price,and agrees to pay or satisfy the balance of the purchase price,plus or minus prorations,at the time of closing as follows: (strike subparagraph not applicable) (a) The payment of S 280,500.00 .•V Y'.jar J' ..:V i.l .1•t VLa•JJ1.I� , t.u4r.: 1•J.•\ii V4,VC). •1:!4V.•f1'...r•A :•1'Jt•1'!Ut)ItU'UtU momadamcgadmic ••'ll'i b"b•''t1•'. 1 • L"_IP',t-, ._•'• _p•fr nl .. •. 1 -1•• I. .. , . n.. . •. ., r .t.. . ., . af • I • , I -4'n"t S . rf1. -• .N:LI t..' -•PU11-,, •r.lpt, .,t .-,a.)., . , .. ,— •.tell.'.4 ..c, J....-I .,'4 -,j .,.,.,•.•.•,. ..',p4.l FIf�•l rvq •.F•. >a. r,r �.r,•r.•,c a,r a,f'. r411:e. .:.•91 ..N.• !.. ,,.q l.'.,.3!, .-- I a11.. ) r.. •`.Li.'.....,•,•.•.•.•.•........r. Di.r..I..... p4n : c a !nq,.a.L l•.G a,f. t.tn pO.r.T pnq Pt^c•,e 1, .•.•........41.J.1....1/:4 i.4 LG._ • I••,•,•,•.•t:9 a..'.1.01-': CBr..:c . ,c ;n.rr. rn.r,Lt(.n,r.,-qcc r..JA.:^. 1'•^.qte T'^ J.4.4 :ff.l i..•'..f.i.G 7.7.1 l.f.n1,1 r.•.7`.n:.•.I.a 17:T.l tic )nt.l11lrf erf,^1..11-i.:n_TeC:.'a,l,4.0^ ,,1411'•••11•f14,11'1••1,1•111. :.....•.i,.., .,:..:-: J>.t.•cf....1:.o .1. r -. JO:.. f^f r•,•.r.l nr'• ,.Pll::.a^.x . ., uof•,+;,^•141•^41•f.n .less nllr RyS f?+ .•]OPT•Vf..1 cf.7 a?•:q.>f a,l.',a r.. . q; lrlrnJ t•.:"9f ..1CTn`.o.•Y:.c]tlr l.!.f�,-1.1f•IP - . . .- •. .. a1,1;1.:.1141 aa•a^: rot.•:' '-r+.P-Il 1: t1<I' z (strike pa 8�if ra naPP inapplicable.) 5. The time of closing shall be on March 3, 1997 .or 20 days after notice that financing has been procured if above paragraph 4 is operative. or on the date,if any,to which such time is extended by reasons of paragraph 2 of Conditions and Stipulations hereafter becoming operative(whichever date is later),unless subsequently mutually agreed otherwise,at the office of CHICAGO TITLE INSURANCE CO. matecoappemnaca WI,provided title is shown to be good or is accepted by Purchaser. 6. Seller shall deliver possession to Purchaser on or before 30 days after the sale has been closed. •.•.•.•.•..•.1..•ss..w1-..•... ,..r 4'_.I'4 I-.. •.I....• I ,..t ,o , . ,. a 1.1..)nra.,•1 .: 1 .•4 . •,1..: ., 5.4:.a Ci-T.ip,lr:O').r-1, 7. Seller agrees to pay a broker's commission to seller represents no real estate broker involved in the amount set forth in the broker's listing contract or as follows: 8. The earnest money shall be held by seller's attorney in an interest bearing account for the mutual benefit of the parties. 9. Seller agrees to deliver possession of the real estate in the same condition as it is at the date of this contract,ordinary wear and tear excepted. 10. A duplicate original of this contract,duly executed by the Seller and his spouse,if any,shall be delivered to the Purchasers within 4 days from the date below,otherwise,at the Purchaser's option.this contract shalt become null and void and the earnest money shall be refunded to the Purchaser. This contract is subject to the Conditions and Stipulations set forth on the back page hereof, which Conditions and Stipulations are made a part of this contract. SEE RIDER ATTACHED HERETO AND MADE A PART HEREOF. Dated December 19, 1996 VILLA? OF MORTON GROVE Purchaser BY'is7, o� i�,S��� ry (Address) 6101 Capulina, Morton Grove, IL 60053 Purchaser -: 'c S///c -� (Address) Seller (Address) 6910 West Beckwith, Morton Grove, IL 601 tqui`s ff. uivitoia Seller __l.___ �_ _ - L-'r IAddrrc,6901 West Beckwith. Morton Grove. IL 6005 • CONDITIONS TSIMP'? � � PAY � COSTS PURCGASER SHALL ORDER TITLE THROUGH CHICAGO T IftSut(ntvt S COMP ASSOCIATED WITH TITLE I. Seller shall del .er or e.ul.e to be deli ye red to Purcbaser or Purchaser'.agent.not less than 5 day.prior'tithe time of closing.a title commitment for.In ow ncr's title insurance policy issued ty the Chicago Title Insurance Company in the aim ran of the purchase price,covering it le to the real estate on or alter •dam herein.show ime title in the intended grantor suhµa only to an the general exceptions contained in the policy unless the real estate is unproved w uh �.mglc lamih dwelling or an apartment building of lour or fewer residential units. Ih) the title exceptions set birth above. and (e) title exceptions pertaining to hens or encumbrances of a del inite or ascertainable amount which may be removed by the payment of money at the time of closing and which the Seller may so remose at that time by using the funds o he paid upon the delivery of the deed tall of which are herein referred to as the permitted exceptions). The title commitment shall he conclusive evidence of gold title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated.Seller also shall furnish Purchaser an affidavit ti title in customary kirin covering thedate tilelusing anti showing title in Seller subject only to the permitted exceptions in hrregoing items Ibl and le) unpermited exceptions. if any. as to which the tale insurer commits to extend insurance in the manner specified in paragraph 2 below. 2. lithe title commitment discloses unpermjtted exceptions.Seller shall have 30 days from the date of delivery thereof to have the exceptions removed from the commitment or to have the tide insurer commit to insure against loss or damage that may he occasioned by such exceptions.and,in such event,the time of closing shall he 35 days alter delivery of the commitment or the time specified in paragraph Son the front page hereof,whichever is later. If Seller fails to have the exceptions removed,or in the alternative,to obtain the commitment tiff title insurance specified above as to such exceptions within the specified time.Purchaser may terminate this contract or may elect,upon notice to Seller within 10 days after the expiration of the 30-day period.to take title as it then is with the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount.If Purchaser does not so elect,this contract shall become null and void without further actions of the parties. 3. Rents, premiums under assignable insurance policies, water and other utility charges. fuels. prepaid service contracts, general taxes, accrued interest on mortgage indebtedness, if any, and other similar items shall be adjusted ratably as of the time of closing. The amount of the current general taxes not then ascertainable shall adjusted on the basis of(a),(b),or(c)below(Strike subparagraphs not apph4licable): —...1_ (a) � of the most recent ascertainable taxes: Tj/t_t Y A I F S /ice R 6 t?n •o•ea n, I P r4. r['J.M1 4C.1 t.nJ 1^1.4.c 0;7.;t i-i'e i. ITtI 1^.-apet%ttt1•`.1n.}RS.`,.••w PO r,..1. P....AV,.1A....w........ 7°°®� t r T/+ y 1 Ri p v t S t o-✓ 6(_ g e ix 7`f/E /5j'?'C fiA 1( #3) / v r41 I a €3— n 71�1r amount of any general taxes which may accrue by • - r. . tonal improvements shall be adjusted as follows: REPROBATED TO DATE OF CLOSING. All proration are final unless otherwise provided herein.axis' g leases and assignable insurance policies,if any,shall then be assigned to Purchaser.Seller shall pay the amount of any stamp tax imposed by State law on the transfer of the title,and shall furnish a completed Real Estate Transfer Declaration signed by the Seller or the Seller's agent in the form required pursuant to the Real Estate Transfer Tax Act of the State of Illinois and shall furnish any declaration signed by the Seller or the Seller's agent or meet other requirements as established by any local ordinance with regard to a transferor transaction tax;such tax required by local ordinance shall be paid by the party upon whom such ordinance places responsibility therefor. If such ordinance does not so place responsibility, the tax shall be paid by the (Purchaser)(Seller). (Strike(me.) 4. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract. 5. If this contract is terminated without Purchaser's fault, the earnest money shall be returned to the Purchaser, but if the termination is caused by the Purchaser's fault,then at the option of the Seller and upon notice to the Purchaser,the earnest money shall be forfeited to the Seller and applied first to the payment of Seller's expenses and then to payment of broker's commission; the balance. if any.to he retained by the Seller as liquidated damages. 6. At the election of Seller or Purchaser upon notice to the other party not less than 5 days prior to the time of closing.this sale shall be closed through an escrow with Chicago Title and Trust Company.in accordance with the general provision of the usual form of Deed and Money Escrow Agreement then 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 contract. Upon the creation of such an escrw, anything herein to the contrary notwithstanding. payment of purchase price and delivery of deed shall be made through the escrow and this contract and the earnest money shall be deposited in the escrow.The cost of the escrow shall be divided equally between Seller and Purchaser. (Strike paragraphs if inapplicable.) 7. lime is of the essence of this contract. All notices herein required shall be in writing and shall be served on the panic at the address fpllowing their i n tures. The mailing of a notice by '� t Ii r y t aI rr facsimile, proof Tof transmission Sr a copy the rAlE S 4'gPt g(� SfiBff YfrI`IEhL tL �ienE l mission. 9. Purchaser and Feller hereby agree to make all disclosures and do all things necessary to comply with the applicable provisions of the Rea'. Estate Settlement Procedures Act of 197.. In the event that either party shall fail to make appropriate disclosure when asked, such failure shall be considered a breach on the part of said party. 10. Alternative L _ _Seller represents that he is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section. Seller will furnish Purchaser at closing the Exemption Certification set forth in said Section. Alternative 2: Purchaser represents that the transaction is exempt from the withholding requirements of Section 1445 of the Internal Revenue Code because Purchaser intends to use the subject real estate as a qualifying residence under said Section and the sales price does not exceed$300,000. Alternative 3: With respect to Section 1445 of the Internal Revenue Code, the parties agree as follows: __ (Strike tire)of the three u(rernati yes.) RIDER TO REAL ESTATE SALE CONTRACT DATED DECEMBER 19, 1996, BY AND BETWEEN THE VILLAGE OF MORTON GROVE, PURCHASER, AND LOUIS B. DiNICOLA AND MADELEINE J. DiNICOLA, SELLERS THIS RIDER AND THE TERMS HEREOF SUPERSEDE THE TERMS OF THE REAL ESTATE SALE CONTRACT ATTACHED HERETO. 11. Sellers represent that they have no knowledge of any leaks in the roof, windows, doors or the foundation and that the basement has not received storm or sewer water from any source whatsoever within the past five years. 12 . Sellers represent that all systems, equipment, appliances, if any, to be conveyed by deed or sold by Bill of Sale will be in good operating condition on the date and time of closing. - 14. Purchaser reserves the right to an inspection conducted 7 at Purchaser's expense within five working days from the date of acceptance of the mutual agreement of the terms regarding this contract. 15. Unless written notice of disapproval is given within the time period specified above, this contingency shall be deemed waived and this contract will remain in full force and effect. 16. The parties acknowledge and agree that this transaction is exempt from any State of Illinois, County of Cook or Village of Morton Grove revenue tax posed by the Real Estate Transfer Tax Act of the State of Illinois or by local ordinance. Sellers agree to provide all required tax exempt declarations fully executed by Sellers together with a deed of conveyance. 17. Purchaser agrees to reimburse the Sellers attorneys fees not to exceed the sum of $550.00. In addition, Purchaser agrees to reimburse appraisal fees to the Sellers not to exceed the sum of $265.00. Purchaser also agrees to pay closing costs including title costs and survey costs. 1 18 . Sellers shall furnish a real estate disclosure statement. 19 . Sellers and Purchaser agree that the contract and rider are subject to attorneys approval for both Sellers and Purchaser within five working days from the date of acceptance of the contract. DATED this 19th day of December, 1996. VILLAGE .OF MORTON GROVE, Purchaser e C BY: 1� 4ii4v s /�/CC S%/l���^/� 7 ; /' LOUIS B. FiNICOLA, S e r u1% C'/�'2Z IMP, Seller MADELEINE J. DYNICO , 2 (847) 9652233 �� FAX (847)967-2388 QQ 2a4,442- & Same/tiCcawisha Soe...ace.eA (19720Y SLwae December 26, 1996 e/goiteen Siiicore, ca e 60055-PaS Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053-2985 Attn: Larry N. Arft, Village Administrator In re: Purchase of 6910 Beckwith Road, Morton Grove, IL 60053 From the DiNicolas Dear Larry: Enclosed please find a fully signed and executed Contract and Rider concerning the purchase of the above property from the DiNicolas. I will hold off until I get the Contract on Tessien before I order the surveys and titles, since they should be ordered down at the same time. As I indicated previously, I have an agreement with Chicago Title Insurance Company to give us a special billing rate on these matters. In the meantime, I would request that the $10, 000. 00 check made payable to the DiNicolas be sent to me, so that I can forward it to their attorney as soon as possible. Very truly yours, ./ GA/•I L S BERRAFATO /ck enclosure cc: Spiro C. Hountalas, Finance Director/Treasurer CHICAGO TITLE INSURANCE COMPANY • ILLINOIS FORM A• • 114) • Real Estate Sale Contract (_ VILLAGE OF MORTON GROVE (Purchaser) agrees to purchase at a price of S 290.500.00 on the terms set forth herein, the following described real estate in Morton Grove, IL, Cook County, Illinois: (If legal description is not included at time of execution, GABRIEL S. BERRAFATO or Seller's attorney is authorized to insert thereafter) commonly known as 6910 Beckwith Road, Morton Grove, IL 60053 , and with approximate lot dimensions of AtC x 5.21,C}e71.,together with the following property presently located thereon: (strike items Inot applicable)(a)storm and screen doors and windows; +trigs; (c)• ' ' ; (d)wall-to-wall, hallway and stair carpeting; (e) window shades and draperies and supporting fixtures;(f)venetian blinds;(g)electric,plumbing and other attached fixtures as installed;( -- ):(j) / range(s); (k)garage door opener with / transmitters;(F)- veliai e;(m)iodeeroad .. • . .. ;andalso including all attachments; DRAPERIES, CEILING FANS, CABINETS, OUNTER TOPS, BATHROOM FIXTURES, CARPETING, ETC. 2. LOUIS B DiNTCOLA and MADELEINE J. DiNTCOLA (Seller) (Insert names of all owners and their respective spouses) agrees to sell the real estate and the property, if any, described above at the price and terms set forth herein, and to convey or cause to be conveyed to Purchaser or nominee title thereto(in joint tenancy)by a recordable warranty deed,with release of homestead rights,and a proper bill of sale,subject only to:(a)covenants,conditions and restrictions of record;(b) ;(c) (i)general taxes for the year 1996 and subsequent years including taxes which may accrue by reason of new or additional improvements during the year(s) 1996 ;and to 3. Purchaser has paid $ lf1,f10O en L..• • inl-I•s.l;.J•.•.•.•.•.eb•.:••I r<,,•6'L,.<.•.I .'i i..•.•.•.•.•.•.•.•.•e.•.•.•• as earnest money to be applied on the purchase price,and agrees to pay or satisfy the balance of the purchase price,plus or minus prorations,at the time of closing as follows: (strike subparagraph not applicable) (a) The payment of$ 780.500.00 .•YY'•i Ji'GYJ14tY'•J44JiJYiJDGO•♦••Y1. 'iiYYO'C1•LY•'YL'“-8104'.�4Y•f dS•G 'th vt'YtQS ,4<1.0 I'_•I St'Y!Ut''SLootU- ••yl'Ibo•''1••I.1'Y. l.• )•,1.•,b T L.•••-l•:1'1u4:•-• •1L--1•• I`f-..l,.! floe -L. •f e 1v• I. Li.,. JL...x.c rba.11..•. :•4", l 4:f O'•.(.••`('III J.46.t'I J•.1.9 L.s, 'i i •3o •.LI'4•.:4 •c. •11.••1 .0 u.. 1.•.•.•.•.•.•.•'5,9 6C,4'1.1.41.••1.1 1.G T-:E•4•.1.E,6 O.t-`,PS.•. 0;11 c,.l.•11 I Lb•• ...f•..o 4,..n-i.1 •.i .11.1 i o•.4•,111,•,•,•,•,•,•,•,•,•,•ni3.Ai br.a.r.f.nica5nG'a.BA 4,13 Qt f•t ei >n1.t9 nc.•^^l[*, .•.•.•.•.•;.44.3.1' .I.'-.Q.,9: E=JC:.••,•,•,•••t:la...q.•:40.1 '.bh.]co,•A :4rr.a.T .l,r u,J CO3I.41Cf....•,p 9.A' • ..•^n,fe t.',e,t^1t 3.4,1,1•': I...1'1...0...1-.0Gag9I, .fl1 .fLa,n:,•pita:4 t.n raj'. •n INT Lecn rE,^.t,n 1 C^'rf npV,11,T...11^!1. 4 1!1,1-S.1..tt t'I : _ _ . .•,1.•?.ILL C:.)fl'to , '1,...•.to Yt 0,014 S(n1 •,,s- n:.>...41 a...t -.L^., tt.Lf.',+t•,s,.1'3•14R_t,1.1•••2n-,ee...Rtf.4.e14.•• •. P•1,?tt_fA.4}.c s7an,v:r.J.4.. .,'.T r, r ? n:.l.f Ben.Lee.t'T..9-t,nr.' tt<o t,•.:,fae'l,Gle•t;I. t I ^t . .. . :,r:a:.a4na¢t) . . 1" nl • .. .,:o,n.1. .1 , • !Ira (Strike paragraph if inapplicable.) . . - _ . .. 5. The time of closing shall be on March 3, 1997 ,or 20days after notice that financing has been procured if above paragraph 4 is operative. or on the date,if any,to which such time is extended by reasons of paragraph 2 of the Conditions and Stipulations hereafter becoming operative(whichever date is later),unless subsequently mutually agreed otherwise,at the office of CHICAGO TITLE INSURANCE CO. nocrixsonagweandiaxx gm,provided title is shown to be good or is accepted by Purchaser. 6. Seller shall deliver possession to Purchaser on or before 30 days after the sale has been closed. WiliefliZCODDRUpENTQUilannalialiNintf •••.•.•.•.•.•.•.•••.1•.•.•,•'4•+..w I..e•'.n 4 •♦ I.1'..4• I.,I.t`i i"•I. •.1 .. ...011.8,•o I-J•I.l i.: I.c:4. .•1'.�:I,:: .:(''•,1 i,4 r.1 11,•:1.1 f.T'.'', 7. Seller agrees to pay a broker's commission to seller represents no real estate broker involved in the amount set forth in the broker's listing contract or as follows: 11. The earnest money shall be held by seller's attorney in an interest bearing account for the mutual benefit of the parties. 9. Seller agrees to deliver possession of the real estate in the same condition as it is at the date of this contract,ordinary wear and tear excepted. 10. A duplicate original of this contract,duly executed by the Seller and his spouse,if any,shall be delivered to the Purchasers within 4 days from the date below,otherwise,at the Purchaser's option,this contract shall become null and void and the earnest money shall be refunded to the Purchaser. This contract is subject to the Conditions and Stipulations set forth on the back page hereof, which Conditions and Stipulations are made a part of this contract. SEE RIDER ATTACHED HERETO AND MADE A PART HEREOF. Dated December 19, 1996 VILLAf E OF/M� ORTQNN GROVE Purchaser BY: tSjr•4X /��-)i.`�. �z>L (Address) 6101 Capulina, Morton Grove, IL 60053 Purchaser "JCt'S///C-v1' (Address) i Seller 4 u, C1, ✓c�� (Address) 6910 West Beckwith, Morton Grove, IL 600 Seller '� / (Address0901 West Beckwith, Morton Grove, IL 60053 .w_.... --a•2 .e--- `----.1_ '__cP a , __ • PURCGASER SHALL 'ORDER TITLE THROUGH CHI CAAGO TITLE INSME MMPANY AND PAY ALL COSTS ASSOCIATED WITH TITLE I. Seller shall deliver or cause to he delivered to Purchaser or Purchaser's agent,not less than 5 days prior to the time of closing,a title commitment tior an owners title insurance pi tl icy issued ht the Chicago Title Insurance Company lathe amutnu of the purchase price.covering I it le to the real estate on or a 11cr the date hercol,show ing title in the intended grantor subject only to(a)the general exceptions contained in the policy unless the real estate is improved with a single family dwelling or an apartment building of !tour or fewer residential units. Ih) the title exceptions set litrth above. and (c) title exceptions pertaining to liens or encumbrances of a definite or ascertainable amount which may he removed by the payment of stoney at the time of closing and which the Seller may so remove at That time by using the funds to be paid upon the delivery of the deed tall of which are herein referred to as the permitted exceptions). The title commitment shall he conclusive evidence of good title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein sided.Seller also shall furnish Purchaser an affidavit of tide in customary limn covering the date of closing and showing title in Seller subject only to the permitted exceptions in lioregoing items Ihl and (c) unpermitted exceptions. if any, as to which the title insurer commits to extend insurance in the manner specified in paragraph 2 below. 2. lithe title commitment discloses unpermitted exceptions.Seller shall have 30 days from the date of delivery thereof to have the exceptions removed from the commitment or to have the title insurer commit to insure against loss or damage that may be occasioned by such exceptions.and,in such event,the time of closing shall he 35 days alter delivery of the commitment or the time specified in paragraph 5 on the front page hereof,whichever is later.If Seller fails to have the exceptions removed.or in the alternative,to obtain the commitment 11w title insurance specified above as to such exceptions within the specified time.Purchaser may terminate this contract or may elect,upon notice to Seller within 10 days after the expiration of the 30-day period.to take title as it then is with the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If Purchaser does not so elect,this contract shall become null and void without further actions of the parties. 3. Rents, premiums under assignable insurance policies, water and other utility charges. fuels, prepaid service contracts, general taxes, accmed interest on mortgage indebtedness, if any, and other similar items shall be adjusted ratably as of the time of closing. The amount of the current general taxes not then if ascertainable shall adjusted on the basis of(a),(b),or(c)below(Strike subparagraphs not applicable): •-- t ( (a) of the most recent ascertainable taxes; Td if A I Rf cc .% nC R F f / O %‘ = j?� l5 p •o.L'+nte....L•['LC. 1.9.1.9 ai.r. ;';.,T.2,q I In a,tot `eT fT^? fa.`A eG fe, .1!!w, o ,�efe .eweeee.•••••••••••••••••••••••• f It' s lR if -d ?vti tste-✓ It� 4 err '7`Me lc96 7'AX R, sS eaao>o eeeeueeeeeeeee ew:ee•••. • • , eee,e, V/�tt ,� -" /- jyr The amount of any general taxes which may accrue by n* v.'7...' tonal improvements shall be adjusted as follows: REPRORATED TO DATE OF CLOSING, All proration are final unless otherwise provided herein.fxis' g leases and assignable insurance policies.if any,shall then be assigned to Purchaser.Seller shall pay the amount of any stamp tax imposed by State law on the transfer of the title,and shall furnish a completed Real Estate Transfer Declaration signed by the Seller or the Seller's agent in the form required pursuant to the Real Estate Transfer Tax Act of the State of Illinois and shall furnish any declaration signed by the Seller or the Seller's agent or meet other requirements as established by any local ordinance with regard to a transfer or transaction tax:such tax required by local ordinance shall be paid by the party upon whom such ordinance places responsibility therefor. If such ordinance does not so place responsibility, the tax shall be paid by the (Purchaser)(Seller). (Strike one.) 4. The pnwisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract. 5. If this contract is terminated without Purchaser's fault, the earnest money shall be returned to the Purchaser, but if the termination is caused by the Purchaser's fault,then at the option of the Seller and upon notice to the Purchaser,the earnest money shall be forfeited to the Seller and applied first to the payment of Seller's expenses and then to payment of broker's commission: the balance, if any, to be retained by the Seller as liquidated damages. 6. At the election of Seller or Purchaser upon notice to the other party not less than 5 days prior to the time of closing.this sale shall be closed through an escrow with Chicago Title and Trust Company.in accordance w ith the general provisions of the usual form of Deed and Money Escrow Agreement then 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 contract. Upon the creation of such an escrow, anything herein to the contrary notwithstanding, payment of purchase price and delivery of deed shall be made through the escrow and this contract and the earnest money shall be deposited in the escrw.The cost of the escrow shall be divided equally between Seller and Purchaser. (Strike paragraphs if inapplicable.) 7. Time is of the essence of this contract. 8. All notices herein required shall be in writing and shall be served on the panic. at the addressS fgllowing their i n tures. The wailing of a nice by o r r tc al ff �Y Yaesinu�ie, proor transmission a copy the f7e � § 415 g�tt eifkTgUil ihL ft iflentf i mission. 9. Purchaser and Feller hereby agree to make all disclosures and do all things necessary to comply with the applicable provisions of the Rea; Estate Settlement Procedures Act of 197•. In the event that either party shall fail to make appropriate disclosure when asked,such failure shall be considered a breach on the part of said party. IC. Alternative 1: Seller represents that he is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section. Seller will furnish Purchaser at closing the Exemption Certification set forth in said Section. Alternative 2: Purchaser represents that the transaction is exempt from the withholding requirements of Section 1445 of the Internal Revenue Code because Purchaser intends to use the subject real estate as a qualifying residence under said Section and the sales price does not exceed$300,000. Alternative 3: With respect to Section 1445 of the Internal Revenue Code, the parties agree as follows: (Strike two of the three alternatives.) RIDER TO REAL ESTATE SALE CONTRACT DATED DECEMBER 19, 1996, BY AND BETWEEN THE VILLAGE OF MORTON GROVE, PURCHASER, AND LOUIS B. DiNICOLA AND MADELEINE J. DiNICOLA, SELLERS THIS RIDER AND THE TERMS HEREOF SUPERSEDE THE TERMS OF THE REAL ESTATE SALE CONTRACT ATTACHED HERETO. 11. Sellers represent that they have no knowledge of any leaks in the roof, windows, doors or the foundation and that the basement has not received storm or sewer water from any source whatsoever within the past five years. 12. Sellers represent that all systems, equipment, appliances, if any, to be conveyed by deed or sold by Bill of Sale will be in good operating condition on the date and time of closing. 13. Seilerc, at their oxponco, agree to furnish Purchaser not jy�'' lce° than five dayo prior to cloning, a current Flat of Survoy, dated after the date of contract ahewing the location of all 4 driveway3 and the like, to be within the lot linoc and building 14. Purchaser reserves the right to an inspection conducted at Purchaser's expense within five working days from the date of - acceptance of the mutual agreement of the terms regarding this contract. 15. Unless written notice of disapproval is given within the time period specified above, this contingency shall be deemed waived and this contract will remain in full force and effect. 16. The parties acknowledge and agree that this transaction is exempt from any State of Illinois, County of Cook or Village of Morton Grove revenue tax posed by the Real Estate Transfer Tax Act of the State of Illinois or by local ordinance. Sellers agree to provide all required tax exempt declarations fully executed by Sellers together with a deed of conveyance. 17 . Purchaser agrees to reimburse the Sellers attorneys fees not to exceed the sum of $550. 00. In addition, Purchaser agrees to reimburse appraisal fees to the Sellers not to exceed the sum of $265. 00. Purchaser also agrees to pay closing costs including title costs and survey costs. 1 18 . Sellers shall furnish a real estate disclosure statement. 19. Sellers and Purchaser agree that the contract and rider are subject to attorneys approval for both Sellers and Purchaser within five working days from the date of acceptance of the contract. DATED this 19th day of December, 1996. VILLAGE .OF MORTON GROVE, Purchaser BY: 1�/6>Q .,(_, A J e2i4, Di., "Lc 4, LOUIS B. D4NICOLA, See' . r MADELEINE J. 'ICO , Seller 2 (847) 96 22 FAX (847) 967-2388 irg Shgeettgenticeas December 26, 1996 Sea 60D5J-2f42? Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053-2985 Attn: Larry N. Arft, Village Administrator In re: Purchase of 6910 Beckwith Road, Morton Grove, IL 60053 From the DiNicolas Dear Larry: Enclosed please find a fully signed and executed Contract and Rider concerning the purchase of the above property from the DiNicolas. I will hold off until I get the Contract on Tessien before I order the surveys and titles, since they should be ordered down at the same time. As I indicated previously, I have an agreement with Chicago Title Insurance Company to give us a special billing rate on these matters. In the meantime, I would request that the $10, 000. 00 check made payable to the DiNicolas be sent to me, so that I can forward it to their attorney as soon as possible. Very truly yours, GABRIEL S. BERRAFATO /ck enclosure cc: Spiro C. Hountalas, Finance Director/Treasurer (847) 965-2233 FAX (847) 967-2388 Q V�fljlj £iui �. d720cni c2hnseneze December 19, 1996 e t/Eton Siro ifi e, Sii?toa 60052-2d,2 Mr. Frank Tessien Ms. Carol Loftus 2156 Walnut Court Glenview, Illinois 60025 In Re: Sale of 6909 Lyons Street, Morton Grove, Illinois Dear Mr. Tessien & Ms. Loftus: As per your agreement, enclosed please find an original and three copies of a Real Estate Sale Contract and Rider which our office has prepared along the lines of the agreement dated December 9, 1996. Please have the documents reviewed, signed and returned to our office at your earliest convenience. When returning the executed copies to my office, please furnish us with the lastest title commitment or title report, spotted Plat of Survey, and the 1995 real estate tax bill. In addition, we are also enclosing a photocopy of the check made payable to your order in the amount of $10, 000. 00 representing earnest money as provided in the Real Estate Sale Contract. As soon as the contracts are signed and returned along with the other documents, we will deliver the check and order title and survey immediately. If you have any questions concerning the above, or if your attorneys have any questions, please contact the undersigned. Very truly yours, GABRIEL S. BERRAFATO, Corporation Counsel VILLAGE OF MORTON GROVE GSB:mc Enclos es . Village of Morton Grove Attention: Mr. Larry Arft CHICAGO TITLE INSURANCE COMPANY • ILLINOIS FORM A• Real Estate Sale Contract 1. VILLAGE OF MORTON GROVE (Purchaser) of -to purchase at a price of$ 172,000.00 on the terms set forth herein, the following described real estate in Morton Grove, Cook County, Illinois: (If legal description is not included at time of execution, GABRIEL S. BERRAFATO or Seller's attorney is authorized to insert thereafter) commonly known as 6909 Lyons Street, Morton Grove, IL 60053 and with approximate lot dimensions of x ,together with the following property presently located thereon: (strike items not applicable)(a)storm and screen doors and windows; (b)awnings;(c)outdoor television antenna; (d)wall-to-wall,hallway and stair carpeting;(e) window shades and draperies and supporting fixtures;(f)venetian blinds;(g)electric,plumbing and other attached fixtures as installed;(h)water softener; (i)refrigerator(s); (j) range(s); (k)garage door opener with transmitters; (I)radiator covers; (m) indoor and outdoor(louvered)shutters;and also including all attachments, draperies, ceiling fans, cabinets, counter tops, bathroom fixtures, carpeting, etc. 2. FRANK TESSIEN and CAROL LOFTUS (Seller) (Insert names of all owners and their respective spouses) agrees to sell the real estate and the property, if any,described above at the price and terms set forth herein,and to convey or cause to be conveyed to Purchaser or nominee title thereto(in joint tenancy)by a recordable deed,with release of homestead rights,and a proper bill of sale,subject only to:(a)covenants,conditions and restrictions of record; 'C)1)@ CU•I :UJ' P•1' 1°:U:•I.IP.Tb•0.1�1., av4.•%.pc' .v...ry ,Y gw q.(RC Ir4ac, 1.& .9a.G-;.a O,• 1>M1a,G•.^.: 0 L,•r,n rA .. _ _ ,I .w� L�•y`LUU b'41'yl3014U:[,1`4.-111.1"1144• U4:0.1 l:rA 1.10l4ba 4v :ra -:10 II '-')','pl rv.0.1 4,ac.3-1 :Ot.l tO:A KF.tt r c,n ryr 11!r•1,2w (i)general taxes for the year 1996 and subsequent years including taxes which may accrue by reason of new or additional improvements during the year(s) 1996 ;and to 3. Purchaser has paid$ 10,000.00 0'11•4%1.•s,•1:11 0 r.{{...•sr.o l.,:r.. 'ill;.1 K 11 1 •U•tttttttttttt• ) as earnest money to be don the purchase price,and agrees to pay or satisfy the balance of the purchase price,plus or minus prorations,at the time of closing as follows: ()h..&subparagraph not applicable) (a) The payment of$ 162,000.00 '1 Ie9.111.4:1:1-1 5,4 i:t(.>l,f.•a.1 Lt 11.4,t a 4ytbu,tt.)r.•.{:14,t 1‘..0 .r ,l'; ie,^rt ww,11D1T• •1*,.iw•t,;n.w.wwz,wt•{?. ••.;I•.r. 3•1 r,F 10 114.4 1 0 0:34 P.111.(1.4..0 ro•1 l I.,(1,113‘41 1; _rt�eecr. ,+•.;n•; •a N.. .w••w•11, •••iof:t:4.O•.ti.041 , .t4,1,1Y3C..1i.I f1111,n4:r a 11 34:13..1 a 13 1%9w:^..iti ,o1,te .,, 0 ,f,,?{C+4!.{,w•1,.,4"..1g wt•)a,lt1{11. t•VM O41•,Y1•,l'b•+.114'1,,1:H14 •0Tnf1'V-I0 t 1.r 104¢I141:?f4 r••4 .i,.0 .4.1.,, btt•.ttt•OO •t•t 14,4-i 4:F r,:tii 4.11>AO,t'3 0,11''3,11 3R"1,3 1L: 'U11 Y:C?IJ'4'-I b•Ot--1 .1Ud'L•t"b'Ut•.1 :1> t•,14'1,.1 t It..1'IFS ttttttttttt•w .•.M1:14,4.S.1•rU•1t.a1043t10.tct,r,i.•I,A;01.3,3 f/13.4.• •311,1,� tee•• ,{• e.l"QL ct•1'11I'E:6UGt•.•.t•.••,:,I bta t0I-', :4 ..n P;q+t4.t.i.l ?3.1..1 0:1.4 o.cf..t.i.t.43, ••1 tC RTetort4e. ''-F rp'U.t.40'1I'•:. 4.1'Ugau:•.14.0+.Nta.4:4'II;u.-it.U.turUi,-.,: I ') i..l r 44.Os13.O ,111,t.r 11,111.01•K1,13,1 0.-C 11.3] rs 3.3 ft e?4 rO F.1.,4 t'w•or I•.Yt•11::4.!4..1.11 449 YI,.,,•.4 'V.•O 4.114,•.4'I 41441 1 •T.t i,P.i.&.,4I.•1 t:0' O 4O 9,3 tit.41,P• i,Y,11 11.3.•a QRt ri 1 rt.-tit rw bU•rrw4.?•4w. 1.11'r i ro's4Yte r„1 L•414.11,',' I (•'I•./.i 0.4 O.('J t I4•.4- •ILO, 01�o,6r.;1 ,.'4,4,r. 44.t 10 i;�•I 0t A I ?,^1 Cirr>. ... , qu+.r4r.I II..,i...aII.440111:.,1?Y14.tb11t'O.4346..444 (Strike paragraph if inapplicable.) 5. The time of closing shall be on May 15, 1997 ,or 20 days after notice that financing has been procured if above paragraph 4 is operative, or on the date,if any,to which such time is extended by reasons of paragraph 2 of the Conditions and Stipulations hereafter becoming operative(whichever date is later),unless subsequently mutually agreed otherwise,at the office of CHICAGO TITLE INSURANCE CO. matincottagsgeetocear k3', provided title is shown to be good or is accepted by Purchaser. 6. Seller shall deliver possession to Purchaser on or before 30 days after the sale has been closed. .. 1 .1 3 4 ,1 4.4.;;3 1.4.34 i;t{4L•iY{31'L Yvi i'3'Y{'1Y•LL'ir4i11 Y CLbC 1/41./314 i'el'5,1 f!'II b1' l•'i•'1 2,1.4.1. ?^O-Iler agrees to pay a broker's commission to seller represents no. real estate broker involved i _.3mount set forth in the broker's listing contract or as follows: 8. The earnest money shall be held by seller's attorney in an interest bearing account for the mutual benefit of the parties. 9. Seller agrees to deliver possession of the real estate in the same condition as it is at the date of this contract, ordinary wear and tear excepted. 10. A duplicate original of this contract,dilly executed by the Seller and his spouse.if airy,shall be delivered to me Purchasers within 4 days from the date below,otherwise,at the Purchaser's option,this contract shall become null and void and the earnest money shall be refunded to the Purchaser. This contract is subject to the Conditions and Stipulations set forth on the back page hereof, which Conditions and Stipulations are made a part of this contract. SEE RIDER ATTACHED HERETO AND MADE A PART HEREOF. Dated December 19, 1996 VILLAGE OF MORTON GROVE laser BY: 6101 Capulina, Morton Grove, IL 60053 (Address) P , , its trrchaser (Address) 6909 Lyons Street, Morton Grove, IL 60053 Frank Tessien Seller (Address) 6909 Lyons Street, Morton Grove, IL 60053 Carol Loftus Seller (Address) *Form normally used for sale of residential property of four or fewer units. e{rn a 43500 CONDITIONS AND STIPULATIONS PURCHASER SH�,77A7lT�7J.�. ORDER TITLE THROUGH CHICAGO TITLE INSURANCE COMPANY AND PAY ALL COSTS "Y."Iellch`Rfnaff'dellPi?itr dice u '•delivered to Purchaser or Purchaser's agent,not less than 5 days prior to the time of closing,a title commitment tin an owner's tide insurance police issued by the Chicago Title Insurance Company in the amount of the purchase price,covering title to the real estate on or after the date hereof,showing title in the intended grantor subject only total the general exceptions contained in the policy unless the real estate is improved with a single family Dwelling or an apartment building of lour or fewer residential units. (hl the title exceptions set forth above. and Ic) title exceptions 'lining to liens or encumbrances of a definite or ascertainable amount which may be removed by the payment of money at the time of closing and which \...e teller may so remove at that time by using the funds to be paid upon the delivery of the deed fall of which are herein referred to as the permitted e xceptiuns). The title commitment shall he conclusive evidence of good title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated.Seller also shall furnish Purchaser an affidavit of title in customary form covering the date of closing and showing title in Seller subject only to the permitted exceptions in foregoing items 1b)and (c) unpermitted exceptions, if any, as to which the title insurer commits to extend insurance in the manner specified in paragraph 2 below. 2. If the title commitment discloses unpermitted exceptions.Seller shall have 30 days from the date of delivery thereof to have the exceptions removed from the commitment or to have the title insurer commit to insure against loss or damage that may be occasioned by such exceptions.and,in such event,the time of closing shall be 35 days after delivery of the commitment or the time specified in paragraph 5 on the front page hereof,whichever is later.If Seller fails to have the exceptions removed.or in the alternative,to obtain the commitment for title insurance specified above as to such exceptions within the specified time.Purchaser may terminate this contract or may elect,upon notice to Seller within 10 days after the expiration of the 30-day period.to take title as it then is with the right to deduct form the purchase price liens or encumbrances of a definite or ascertainable amount.If Purchaser does not so elect,this contract shall become null and void without further actions of the parties. 3. Rents, premiums under assignable insurance policies, water and other utility charges, fuels, prepaid service contracts, general taxes, accrued interest on mortgage indebtedness, if any, and other similar items shall be adjusted ratably as of the time of closing. The amount of the current general taxes not then ascertainable shall be adjusted on the basis of(a),(b),or(c)below(Strike subparagraphs not applicable): (a) 110 %of the most recent ascertainable taxes; ra OA.,o a o.,%_.....,.,.,.....,.,......,.,.,...,...,.,...,.n,.s...,....,.,.,e.,.,.,.,.,.,...,..,.,..,.,.,...,.,.,.,.,.,.,...,...,e.,...,e..e..ee..,e.,.sn,.,.,ew.,...n, The amount of an general taxes which may accrue by reason of new or additional improvements shall be adjusted as follows: REPRORATED TO DATE OF CLOSING. orations are final unless otherwise provided herein.Existing leases and assignable insurance policies,if any,shall then be assigned to Purchaser.Seller shall ptythe amount of any stamp tax imposed by State law on the transfer of the title,and shall furnish a completed Real Estate Transfer Declaration signed by the Seller or the Seller's agent in the form required pursuant to the Real Estate Transfer Tax Act of the State of Illinois and shall furnish any declaration signed by the Seller or the Seller's agent or meet other requirements as established by any local ordinance with regard to a transfer or transaction tax:such tax required by local ordinance shall be paid by the party upon whom such ordinance places responsibility therefor. If such ordinance does not so place responsibility, the tax shall be paid by the (Purchaser)(Seller). (Strike one.) 4. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract. • 5. If this contract is terminated without Purchaser's fault, the earnest money shall be returned to the Purchaser, but if the termination is caused by the Purchaser's fault,then at the option of the Seller and upon notice to the Purchaser,the earnest money shall be forfeited to the Seller and applied first to the payment of Seller's expenses and then to payment of broker's commission: the balance, if any, to be retained by the Seller as liquidated damages. 6. At the election of Seller or Purchaser upon notice to the other party not less than 5 days prior to the time of closing.this sale shall be closed through an escrow with Chicago Title and Trust Company,in accordance with the general provisions of the usual form of Deed and Money Escrow Agreement then 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 contract. Upon the creation of such an escrow, anything herein to the contrary notwithstanding, payment of purchase price and delivery of deed shall be made through the escrow and this contract and the earnest money shall be deposited in the escrow.The cost of the escrow shall be divided equally between Seller and Purchaser. (Strike paragraphs if inapplicable.) 7. Time is of the essence of this contract. 8. All notices herein required shall he in writing and shall be served on the parties at the addresses following their signatures. The mailing of a notice by registered or certified mail, return receipt requested, shall be sufficient service. By facsimile, proof of transmission & a copy of the notice sent by regular mail on the date of transmission. rchaser and Roller hereby agree to make all disclosures and do all things necessary to comply with the applicable provisions of the Rea: Estate ...semen Procedures Act of 1971. In the event that either party shall fail to make appropriate disclosure when asked, such failure shall be considered a breach on the pan of said party. 10. Alternative I: Seller represents that he is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section. Seller will furnish Purchaser at closing the Exemption Certification set forth in said Section. Alternative 2: -Purchaser represents that the transaction is exempt from the withholding requirements of Section 1445 of the Internal Revenue Code because Purchaser intends to use the subject real estate as a qualifying residence under said Section and the sales price does not exceed$300,000. Alternative 3: With respect to Section 1445 of the Internal Revenue Code, the parties agree as follows: (Strike nvo of the three alternatives.) RIDER TO REAL ESTATE SALE CONTRACT DATED DECEMBER 19, 1996, BY AND BETWEEN THE VILLAGE OF MORTON GROVE, PURCHASER, AND FRANK TESSIEN AND CAROL LOFTUS, SELLERS THIS RIDER AND THE TERMS HEREOF SUPERSEDE THE TERMS OF THE REAL ESTATE SALE CONTRACT ATTACHED HERETO. 11. Sellers represent that they have no knowledge of any leaks in the roof, windows, doors or the foundation and that the basement has not received storm or sewer water from any source whatsoever within the past five years. 12. Sellers represent that all systems, equipment, appliances, if any, to be conveyed by deed or sold by Bill of Sale will be in good operating condition on the date and time of closing. 13. -elle at their ex, - , agree • fu ish P. -ch. = n• ? le-s ta -n five days prior • clo ing, - curr- t P :t o • S •rv- , / d=te• a e the d- e o contra s awing a oc. ' .n •f / mp •.v- e s, incl.din• fences, side . lks, p. lot , c•�t• ret • - - •- , dr vew; - and th= l ' e, to be i in the 1• ine!and • .it: . n• nes and showing, . croachments rom adjoin g propertie . r `.. 14. Purchaser reserves the right to an inspection conducted at Purchaser's expense within five working days from the date of acceptance of the mutual agreement of the terms regarding this contract. 15. Unless written notice of disapproval is given within the time period specified above, this contingency shall be deemed waived and this contract will remain in full force and effect. 16. The parties acknowledge and agree that this transaction is exempt from any State of Illinois, County of Cook or Village of Morton Grove revenue tax posed by the Real Estate Transfer Tax Act of the State of Illinois or by local ordinance. Sellers agree to provide all required tax exempt declarations fully executed by Sellers together with a deed of conveyance. 17. Purchaser agrees to reimburse the Sellers attorneys fees not to exceed the sum of $550. 00. In addition, Purchaser agrees to reimburse appraisal fees to the Sellers not to exceed the sum of $265. 00. Purchaser also agrees to pay closing costs including title costs and survey costs. 1 18. Sellers shall furnish a real estate disclosure statement. 19. Sellers and Purchaser agree that the contract and rider are subject to attorneys approval for both Sellers and Purchaser within five working days from the date of acceptance of the contract. DATED this 19th day of December, 1996. VILLAGE OF MORTON GROVE, Purchaser BY: its FRANK TESSIEN, Seller CAROL LOFTUS, Seller 2 • • COMERICA BANK/MORTON GROVE MORTON GROVE,ILLINOIS 60053 7 0-2254 No. 021565 VILLAGE OF MORTON GROVE „B • frop.��'� 6101 GROVE IL 60053-2985 ,S. '� MORTON GROVE,IL600532965 rr ry 12/18/96 -�, �— hh'dtL4,AGE OF — I00O©021SOO C V PAY MO nR, 1 ON ROVE ) '•'3 TO THE ORDER OF $10,000.00 FRANK TESSIEN AND CAROL LOFTUS 6909 LYONS AVE MORTON GROVE IL 60053 002L56SIP 1:07L922544': L84001264311' DETACH THIS PORTION BEFORE DEPOSITING CHECK No. 021565 INVOICE NO. AMOUNT 12/18/96 EARNEST DEPOSIT FOR PURCHASE OF PROPERTY FOR TIF PROJECT VENDOR NO.#29450 022089-581140 $10,000.00 • VILLAGE OF MORTON GROVE (847) 9652233 FAX (847) 967-2388 4.4g e),Ceed Some/,-,P,41•000‘ December 19, 1996 s ,i Sae, Seel 60052-28242 Mr. & Mrs. Louis B. DiNicola 6910 West Beckwith Road Morton Grove, Illinois 60053 In Re: Sale of 6910 Beckwith Road, Morton Grove, Illinois Dear Mr. & Mrs. DiNicola: As per our phone conversation of the other day, enclosed please find an original and three copies of a Real Estate Sale Contract and Rider which our office has prepared along the lines of the agreement that was entered into by and between yourselves and our office. Please have the documents reviewed, signed and returned to our office at your earliest convenience. When returning the executed copies to my office, please furnish us with the latest title commitment or title report, spotted Plat of Survey, and the 1995 real estate tax bill. In addition, we are also enclosing a photocopy of the check made payable to your order in the amount of $10, 000. 00 representing earnest money as provided in the Real Estate Sale Contract. As soon as the contracts are signed and returned along with the other documents, we will deliver the check and order title and survey immediately. If you have any questions concerning the above, or if your attorneys have any questions, please contact the undersigned. Very truly yours, GABRIEL S. BERRAFATO, Corporation Counsel VILLAGE OF MORTON GROVE GSB:mc �Enclosures nc lac: Village of Morton Grove Attention: Mr. Larry Arft 111®1- • Real Estate Sale Contract CHICAGO TITLE INSURANCE COMPANY • ILLINOIS FORM A. VILLAGE OF MORTON GROVE agrees to purchase at a price of S 290.500.00 (purchaser) on the terms set forth herein, the following described real estate in Morton Grove, IL Cook County, Illinois: (If legal description is not included at time of execution, GABRIEL S. BERRAFATO or Seller's attorney authorized to insert thereafter) is commonly known as 6910 Beckwith Road, Morton Grove, IL 60053 with approximate lot dimensions of x . and together with the following property presently located thereon: (strike items not applicable)(a)storm and screen doors and windows; (b)awnings;(c)outdoor television antenna; (d)wall-to-wall, hallway and stair carpeting; (e) window shades and draperies and supporting fixtures;(f)venetian blinds;(g)electric,plumbing and other attached fixtures as installed;(h)water softener; (i) refrigerator(s); (j) range(s); (k)garage door opener with transmitters; (I)radiator covers; (m)indoor and outdoor(louvered)shutters; and also including all attachments; DRAPERIES, CEILING FANS, CABINETS, COUNTER TOPS, BATHROOM FIXTURES, CARPETING, ETC. 2. LOUIS B DiNICOLA and MADELEINE J. DiNICOLA (Seller) (Insert names of all owners and their respective spouses) agrees to sell the real estate and the property, if any,described above at the price and terms set forth herein,and to convey or cause to be conveyed to Purchaser or nominee title thereto(in joint tenancy)by a recordable Warrant of sale,subject only to:(a)covenants,conditions and restrictions of record;(b)y deed,with release of homestead rights,and a proper bc) ; (i)general taxes for the year 1996 and subsequent years including taxes which may accrue by reason of new or additional improvements during the year(s) 1996 ;and to 3. Purchaser has paid S 10 nUO 00 emakitibpapeillaccurnabwhomittoiNtazlnotandCSO as earnest money applied on the purchase price,and agrees to pay or satisfy the balance of the purchase price,plus or minus prorations,at the time of closing as as follows: (strike subparagraph not applicable) (a) The payment of S 280,500.00 .aV<V♦�JJ'G •y VV�l1•a1JV SJib✓a Iy•Y1 Y. YlO� fC ' '$..41Y3•4'41: 1V3•Cb•1Jb Y14V.•fI4' I ;O i6V'S'!U 414b•U< U ••4'1'd'SU•'d<•i"Lf,.. L••,O�'U!9'4 fl -.l•l''IOf...y.y'.'!y•''Iy'-n. qup'�y...1'.;.• 1 Lq Pbq.�f.IV`ly• •'-( .'fr(I p•�q. .f1..:4,e.q.� 4:.•:14.1 -.•• If-.u'tl,fLtpJ.-.,y • a .', LJ (LIL. I ••.A`.4< ':4.440,i..•.I aP1/.I.I't%•,•,•,•,5 4&-CAT'r•:,Irrc• ri•4 iq'LG p.>,f O,�e a.T v.la f. .rat l.fa4 ices :....Ji , a.n:n..Lan-•., • L1',.ry 1P•. •,•,•,•,•,•,•,•.•.•.•.•4? .r•.,u.!..a,&Fn TCa n.'a.r.a•I Lr.t•TI 'C.Tt'.OC,.•.c>f!,, .•.••••-rl<•e.t f.•:.c..,r.: r.>:n.;.a•,•,•,•,•<cia.4.r.t.. .r,t-M1;cp,4=. :n,r.,.1 o¢o,tc gr.f•a.r,r •,.act.'_ ._•p•..,nres •e.^..y.; Jr c rs:1'::a.•. ri ci,r.n•r,", .t a.n:.•n a•r.n tJ •n 1,1 O 1•f ,r.•.T,Ay,,.;ar e'fCal?•e06•••• •f.e•Oe .. al .r:- >,.1 •c 1. .0...•.nf.. J( :.m C. 1 •,f.f- r -.r..•la 1 tc.,ten lf.Tf • f,y:la•a c•L ,G e"ft 1.e-aeeun.��4.,.. y•.,.. ithaRiatiPCIMaiigienCifialiiklilitqlPRITICAROPilialTaac':.r tT•.. glcfiq a.,eq>,e. .r C:o Ln-.n ,.l.rt tCO.YCe... C.n T .90�rj( .,•:et tl,cl t•,r;11fR1':. (Strike paragraph if inapplicable.) 5. The time of closing shall be on March 3, 1997 ,or 20days afier notice that financing has been procured ifabove paragraph 4 is operative. or on the date,if any,to which such time is extended by reasons of paragraph 2 of the Conditions and Stipulations hereafter becoming operative(whichever date is later),unless subsequently mutually agreed otherwise,at the office of CHICAGO TITLE INSURANCE CO. Ectinexrdiagneauctom guy,provided title is shown to be good or is accepted by Purchaser. 6. Seller shall deliver possession to Purchaser an or before 30 days after the sale has been closed. f.•.•ww•.••.•.•••.•.•wa•'a•....f o:r Nc o 4 4.y o G.n.• r,..:a ct.,'.,0.,a r:.I.4.u a o .,a u•Inn.1•._y:;.,1. -. .,r a.�..x-3a n„0,•.1,1',,.r,-Z Seller agrees to pay a broker's commission to seller represents no real estate broker involved in the amount set forth in the broker's listing contract or as follows: 8. The earnest money shall be held by seller's attorney in an interest bearing account for the mutual benefit of the parties. 9. Seller agrees to deliver possession of the real estate in the same condition as it is at the date of this contract, ordinary wear and tear excepted. _._ 10. A duplicate original of this contract,duly executed by the Seller and his spouse,if any,shall be delivered to the Purchasers within 4 days from the date below,otherwise,at the Purchaser's option,this contract shall become null and void and the earnest money shall be refunded to the Purchaser This contract is subject to the Conditions and Stipulations set forth on the back page hereof, which Conditions and Stipulations are made a pan of this contract. SEE RIDER ATTACHED HEREPO AND MADE A PART HEREOF. ")aced December 19, 1996 �. VILLAGE OF MORTON GROVE Purchaser BY; 6101 Ca its (Address) puling, Morton Grove, IL 60053 Purchaser (Address) Seller (Address) 6910 West Beckwith, Morton Grove, IL 60 Louis ii. uirticola a Seller p (Address¢901 West Beckwith, Morton Grove, IL 6005 'Form normally ussea for saleorres oenual property of four or fewer units. PURCGASER SHALL ORDER TI CONDITIONS g 1 ESTlEtWATIDNS ASSOCIATED WITH TITLE TITLE THROUGH CHICAGO TITL INSURANCE COMP I Seller shall Jclnrr or cause w he delivered o Purchaser or Purchaser's agent.not Ina than 5 days ANY AND PAY ALL COSTS owner stile'insurance policy issued by the Chicago-title insurance Company in the amount of the purchase price.covering title to nhe real estate on o Y prior to the time of closng.utitk commitment litr an the date heretic shoo ulg ode m the intended grantor suhlect only to a single family dwelling in an apartment building of lour of Bawer residential units. (hi the title exceptions set lilrth ah,we, and (c) title ratter tat the general exceptions contained in(he policy unless the real estate is unproved with pertaining to liens or encumbrances of a de11tine or ascertainable amount which Ind be removed fly '!.- IhC Seller may so remote at that time l%eephuns by using the funds to Y deed tall of which are money herein i the referred of as and mitred exceptions). 1-he title commitment shall be conclusive evidence of good tlitlecas therein'show`n as to all matters ers insured by the policy. subject only hich arc herein rcicrreJ w as the permitted except tams as therein scned. Seller also shall tarnish Purchaser an affidavit of title in cusilittury limn covering the date of closing and showing title in Seller subject only to the permitted exceptions in foregoing items Ib) and (c) unpenniued exceptions. Y to the insurance in the manner specified in paragraph 2 belonv if any. as to w _ Y which the tide insurer commits to extend 2. If the title commitment discloses impel-milted exceptions.Seller shall have 30 days from the date of delivery thereof to have the exceptions removed from the commitment or to have the title insurer commit to insure against loss or damage that may he occasioned by such exceptions,and,in such event,the time of closing shall be 35 days alter delivery of the commitment or the time specified in paragraph 5 on the front page hereof whichever is later.It Seller fails to have the exceptions removed,or in the alternative,to obtain the commitment for title insurance specified above as to such exceptions within the specified time,Purchaser may terminate this contract or may elect,upon notice to Seller within 10 days after the expiration of the 30-day period,to take title as it then is with the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If Purchaser does not socket,this contract shall become null and void without further actions of the panics. 3. Rents, premiums under assignable insurance policies, water and other utility charges, fuels, prepaid Service contracts, general taxes, accrued interest on mortgage indebtedness, if any, and other similar items shall be adjusted ratably as of the time of closing. The amount of the current general taxes not then ascertainable shall be adjusted on the basis of(a),(b),or(c)below(Strike subparagraphs not applicable): (a) I IO %of the most recent ascertainable taxes; Mu CI WOK UIQ•r r•r:U i.i! i q,r...... .%+9^-i.r ,ttia;-,:.f a..Aa post , ,fT^4 .f.2.•.1 w. T .Yw.1} .1,wOw}�f,l�.�P�.����_�1���.��.w lle.��. ; 4.4. ■1aaaa.a000000esees..11.tt1.tits.1A.t1.1.t1.41 1.1-1.1.1.1.t1.t1.1.1,t1,1.1,1,1.1,1,1,1*.*1111111111111111111 ^The amount of any general taxes which may accrue by reason of new or additional improvements shall be adjusted as follows: TO DATE M i u REPROBATED All prorations are final unless otherwise provided herein.Existing leases and assignable insurance policies,if any,shall then be assigned to Purchaser.Seller shall pay the amount of any stamp tax imposed by State law on the transfer of the title,and shall furnish a completed Real Estate Transfer Declaration signed by the Seller or the Sellers agent in the form required pursuant to the Real Estate Transfer Tax Act of the State of Illinois and shall furnish any declaration signed by the Seller or the Seller's agent or meet other requirements as established by any local ordinance with regard to a transferor transaction tax;such tax required by local ordinance shall be paid by the party upon whom such ordinance places responsibility therefor. If such ordinance does not so place responsibility, the tax shall be paid by the (Purchaser)(Seller). (Strike one.) 4. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract. 5. If this contract is terminated without Purchaser's fault, the earnest money shall be returned to the Purchaser, but if the termination is caused by the Purchaser's fault,then at the option of the Seller and upon notice to the Purchaser,the earnest money shall be forfeited to the Seller and applied first to the payment of Seller's expenses and then to payment of broker's commission; the balance, if any, to be retained by the Seller as liquidated damages. 6. At the election of Seller or Purchaser upon notice to the other pany not less than 5 days prior to the time of closing.this sale shall be closed through an escrow with Chicago Title and Trust Company. in accordance with the general provisions of the usual form of Deed and Money Escrow Agreement then 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 contract. Upon the creation of such an escrow, anything herein to the contrary notwithstanding, payment of purchase price and delivery of deed shall be made through the escrow and this contract and the earnest money shall be deposited in the escrow.The cost of the escrow shall be divided equally between Seller and Purchaser. (Strike paragraphs if inapplicable.) 7. Time is of the essence of this contract. 8. All notices herein required shall be in writing and shall be served on the panic at the address fpllowing their i n tures.The mailing of a otice by the 118it'fEel n§1 fi455/t ii6gar iffilgffi'Iteit4al fterefi`nticaginissiionsinu�lie, proof Of transmission a copy \tr Purchaser and S.Iler hereby agree to make all disclosures and do all things necessary to comply with the applicable provisions of the Rea; Estate Settlement Procedures Act of 197r. In the event that either party shall fail to make appropriate disclosure when asked, such failure shall be considered a breach on the part of said party. 10. Alternative I: Seller represents that he is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section. Seller will furnish Purchaser at closing the Exemption Certification set forth in said Section. - Alternative 2: Purchaser represents that the transaction is exempt from the withholding requirements of Section 1445 of the Internal Revenue Code because Purchaser intends to use the subject real estate as a qualifying residence under said Section and the sales price does not exceed$300,000. Alternative 3: With respect to Section 1445 of the Internal Revenue Code, the parties agree as follows: (Strike two of the three alternatives.) RIDER TO REAL ESTATE SALE CONTRACT DATED DECEMBER 19, 1996, BY AND BETWEEN THE VILLAGE OF MORTON GROVE, PURCHASER, AND LOUIS B. DiNICOLA AND MADELEINE J. DiNICOLA, SELLERS THIS RIDER AND THE TERMS HEREOF SUPERSEDE THE TERMS OF THE REAL ESTATE SALE CONTRACT ATTACHED HERETO. 11. Sellers represent that they have no knowledge of any leaks in the roof, windows, doors or the foundation and that the Xbasement has not received storm or sewer water from any source whatsoever within the past five years. 12. Sellers represent that all systems, equipment, appliances, if any, to be conveyed by deed or sold by Bill of Sale will be in good operating condition on the date and time of closing. 13 . Selle - , at heir a se, agree t• - rush • as. of le--s a' fill, days •rior o clos ' g, • urre P •f -u ey, d• te• a ter the da 'e contrac , s - ing t - •cat'o o a oven - - s, inclu' i - fences, s 'de - lks, pa - o , co ete -t. .s, iveways and the ' e, to be in the lo_ ines -nd ding lines and showing encroachments from adjoining pro. -rtie 14. Purchaser reserves the right to an inspection conducted at Purchaser's expense within five working days from the date of acceptance of the mutual agreement of the terms regarding this contract. 15. Unless written notice of disapproval is given within the time period specified above, this contingency shall be deemed waived and this contract will remain in full force and effect. 16. The parties acknowledge and agree that this transaction is exempt from any State of Illinois, County of Cook or Village of Morton Grove revenue tax posed by the Real Estate Transfer Tax Act of the State of Illinois or by local ordinance. Sellers agree to provide all required tax exempt declarations fully executed by Sellers together with a deed of conveyance. 17. Purchaser agrees to reimburse the Sellers attorneys fees not to exceed the sum of $550. 00. In addition, Purchaser agrees to reimburse appraisal fees to the Sellers not to exceed the sum of $265. 00. Purchaser also agrees to pay closing costs including title costs and survey costs. 1 18. Sellers shall furnish a real estate disclosure statement. 19. Sellers and Purchaser agree that the contract and rider are subject to attorneys approval for both Sellers and Purchaser within five working days from the date of acceptance of the contract. DATED this 19th day of December, 1996. VILLAGE OF MORTON GROVE, Purchaser BY: its LOUIS B. DiNICOLA, Seller MADELEINE J. DiNICOLA, Seller 2 COMERICA BANK/MORTON GROVE MORTON GROVE. ILLINOIS 60053 VILLAGE OF MORTON GROVE 70.29 No. 021564 orustp 6 O GROVN IL 60053E I MORTON GROVE,IL 600512985 12/18/96 -0 THE ORDER OF $10,000.00 LOUIS B. AND MADELEINE J. DI NICOLA 6910 BECKWITH :_... . MORTON GROVE IL 60053 ii'02L56411' 1:07L9225441: L8400L264311' DETACH THIS PORTION BEFORE DEPOSITING CHECK No. 021564 INVOICE NO. AMOUNT 12/18/96 EARNEST DEPOSIT FOR PURCHASE OF PROPERTY FOR TIF PROJECT ENDOR NO./153310 022089-581140 $10,000.00 VILLAGE OF MORTON GROVE • = In li . } o CD ! { ` r cn- C\.1 w m . o es, _ / \ CD k \) } .\ 2 ■ \\�\ ; m ' \ 2m 1 W 0. .. ... _ol j. /| 0 0 \ I k§ ; m ! !� - § / o » k i }/ j m § -r z .a / 2 . } w .. . a. 0 ) \ / ■ o/ J » ! ZD� °° 0 0 ° §! \t r.34 1 E. ( ] •. m / co >k ƒ2 0 ° . � \! 0 in \ \ } o `! ° \ ) I | « , « ; - k h4 `u. | § [ \ \ . ® ` - - \ } ( . - . . ) : \ � \ -1:-. ^ ^ � / . . • STATE OF ILLINOIS) ) SS COUNTY OF COOK ) I, Wilma Wendt, the Municipal Clerk for the Village of Morton Grove in the County of Cook, in the State of Illinois, do hereby certify that the following, hereinafter described, are true and correct copies of the original documents which are part of the records of my office as such Municipal Clerk: Ordinance 96-58. . .Authorizing the Purchase of the Property Commonly Known as 6910 Beckwith Road I hereby subscribe my name as Municipal Clerk and affix the Official Corporate Seal of the Village of Morton Grove, this /7 rf/ day of December, 1996. WILMA WENDT, Village Clerk ORDINANCE 96-58 AN ORDINANCE AUTHORIZING THE PURCHASE OF THE PROPERTY COMMONLY KNOWN AS 6910 BECKWITH AVENUE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, it is deemed advisable, necessary and in the public interest that the Village of Morton Grove, Cook County, Illinois acquire the following described property: The property commonly known as 6910 Beckwith Road, Morton Grove, Illinois 60053, situated on a lot contiguous with the Waukegan Road Tax Increment Financing District Redevelopment Area "A"; and WHEREAS, such property will serve the public and corporate purposes of the municipality and will facilitate public participation in a public/private partnership to redevelop a portion of property within the Waukegan Road Tax Increment Financing District; and WHEREAS, Louis B and Madeleine J. Di Nicola of Morton Grove, Illinois have agreed to the sale of said property for the purchase price of$290,500 under terms and conditions as further set forth in the real estate contract attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the Village is contemplating the purchase of additional contiguous properties to be used for a redevelopment project. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: It is hereby determined that it is advisable, necessary, and in the public interest that the municipality purchase the properties commonly known as 6910 Beckwith Road, Morton Grove, Illinois 60053 for the sum of$290,500 under the terms and conditions as outlined in the real estate sales contract attached hereto and made a part hereof as Exhibit "A". SECTION 3: That the Agreement for the purchase of said property shall be in substantially the form and contain those provisions as provided for in Exhibit "A" attached hereto. SECTION 4: The Village President and Village Clerk are hereby authorized to enter into the contract for real estate purchase which is attached hereto as Exhibit "A"; in addition, the Corporate Officers and Village staff are further authorized to perform the necessary acts required to implement and consummate this acquisition. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this//vrvday of /,act /r.3 c_% , 1996. Trustee Brenner AYt Trustee Karp P 3-s eN r Trustee Moll A vs Trustee Scanlon /2 Yc Trustee Schulte Trustee Sneider /' yE APPROVED by me this/77n day of ne e , 1996. Daniel D. Scanlon, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this /77,9 day of#0,--e , 1996. Wilma Wendt, Clerk Village of Morton Grove Cook County, Illinois orthbeckwith.tif ... _44 . ' ; ' Village of Morton Grove Office of the Village Administrator MEMORANDUM / TO: Village Preside . . Id Board of Trustees FROM: Larry N. • dministrator CC: Gabe Berr. ':to, u. 'oration Counsel Spiro C. Ho - a . , Finance Director/Treasurer DATE: December 11, 1996 RE: Purchase of three residential properties contiguous to TIF Redevelopment Area "A" Trustees are aware we have been continuing negotiations with the three residential property owners contiguous to Redevelopment Area "A". As of this time I have received copies of letters signed by both owners with a formal proposal to sell their properties to the Village. One owner, . Patel, has received follow-up correspondence from the Taxman Corporation but has not yet accepted an offer. Ordinances have been prepared for Board action at Monday night's meeting to facilitate the purchase of these two properties. A third ordinance for the Patel property is prepared and can be introduced that evening should negotiations be concluded over the weekend. In discussing the final negotiating process with Mr. Davis at the Taxman Corporation, I learned that DiNicola and Tessien ended up having a falling out over the split on their last offer. Trustees will not be surprised to hear this happened since several of us had commented that this was a poor way to handle negotiations and that it is likely there would be a problem at the end determining what the split should be between the two property owners. Unfortunately, in order to keep both owners happy and to consummate the transactions, it ended up costing $462,500 instead of the $460,000 that had been verbally discussed as a final settlement amount. While it is unfortunate that any additional funds had to be utilized, we were happy that the final amount was only$2,500 more than what had been verbally discussed with both the Taxman Corporation and the Village TIF Committee. The following table lists all of the projected costs for closing on the three properties. As noted above, the total price for purchasing the DiNicola and Tessien properties is $462,500. The offer for the Patel property is at $187,000. This amount was somewhat higher than we had anticipated but reflects the use of the same methodology that was successful in the negotiations with DiNicola and Tessien and we hope will prove successful with the Patel family as well. The total acquisition price would then be $649,500. To that we added legal fees, the cost for the two appraisals, and closing costs projected at $800 each. The closing cost would include the survey, the title, various recording fees, and ancillary costs. It is assumed Corporation Counsel will also incur some fees Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2902 t, Tel: (708) 965-4100 • TDD (708) 470-5249 • Fax: (708) 965-4162 DtC-09-1996 13:51 FROM 1RXMRN CORP. TO 9654162 P.02 DECEMBER 9, 1996 MR. HOWARD DAVIS _. THE TAXMAN CORPORATION 9911 N. LAWLER AVENUE SKOKIE, ILLINOIS 60077 RR : 6910 W. BECKWITH, MORTON GROVE, ILLINOIS DEAR MR. DAVIS: PER OUR VERBAL AGREEMENT BY TELEPHONE TODAY, THE OWNERS OF THE HOME AT 6910 W. BECKWITH, MORTON GROVE, IL. ARE WILLING TO SELL THE HOME TO THE 'VILLAGE OF MORTON GROVE FOR THE SUM OF $290, 500 . THE TERMS OF THE SALE ARE AS FOLLOWS; CLOSING: MONDAY, MARCH 3, 1997 LEGAL FEES TO BE REIMBURSED BY THE VILLAGE OF MORTON GROVE AS PURCHASER (ESTIMATED $400) . APPRAISAL FEES TO BE REIMBURSED BY THEeVILLAGE OF MORTON GROVE AS PURCHASER ($265) . .=LOSING COSTS TO BE PAID BY THE VITLt.AGE OF MORTON GROVE AS PURCHASER. SPECIAL CONSIDERATIONS: THE SELLERS MAY OCCUPY THE PREMISES FOR THIRTY DAYS AFTER CLOSING ON A RENT FREE BASIS . THE HOME IS TO BE LEFT IN SALEABLE CONDITION INCLUDING ALL ATTACHMENTS (DRAPERIES, CEILING FANS, CABINSTS, COUNTER TOPS, BATHROOM FIXTURES, CARPETING, ETC. ) OFFER TO I'URCIIASE TO BE PREPARED AND EXECUT:'U MY THE VILLAGE OF MORTON GROVE AS PURCHASER AND PURCHASER SHALL PRESENT OFFER TO SELLER ON OR BEFORE DECEMBER 16, 1996 WITH APPROPRIATE EARNEST MONEY DEPOSIT. SAID OFFER TO PURCHASE SMALL BE WITHOUT CONTINGENCIES ON THE PART OF THE VILLAGE OF MORTON GROVE AS PURCHASER. VERY TRULY YOURS` �C'ia (4 t9 )� _ U� Aeu UIS B . DI NICOLA '-mow• a rgt4. MADELEINE J. DI NICOLA )11) ‘t) ' .41, -��, p tlf • THE TAXMAN CORPORATION 9933 N. Lawler Avenue •Suite 516 •Skokie, Illinois 60077• (847) 674-4321 • FAX (847) 674-0230 December 6, 1996 z:LO • Mr. J. Patel 6910 Lyons Street Morton Grove, IL 60053 • Re: Purchase of Residence Dear Mr. Patel: The Taxman Corporation is prepared to offer the sum of $187 , 000 for the purchase of your home. In addition, we will reimburse the costs of your attorney' s fees in connection with the closing, and no sales commissions will be deducted from the price. Closing can be delayed until fall, 1997 . This offer is consistent with our acquisition costs for the other two homes . It is intended as a final offer and not the basis for additional negotiation. Please respond within a reasonable time. Very truly yours, Howard Davis ilk%rm ��tiL j � cr REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT DEC-11-1996 0858 FROM 1AXMAN CORP. TO 9654162 P.02 December 10, 1996 `-' Mr. Howard Davis The Taxman Corporation 9933 N. Lawler Avenue Skokie, Illinois 60077 Dear Mr. Davis: After the conversation today, we are prepared to sell the property at 6909 Lyons St.. Morton Grove, IL for the sum of $172,000. This reflects your offer of November!. 1996_ The terms of the sale are as follows: Closing- May 15, 1997. Legal fees to be reimbursed by the buyer. Our Lawyer is Carl Graf Jr. Appraisal fees to be reimbursed by the buyer. Closing costs to be paid by the buyer. The home will be left in saleable condition. \.., Sincerely. Prank Tessien and Ca Loftus (Power of Attorney! altt g TOTAL PRGE.62 Ax TOTAL P.02 THE TAXMAN CORPORATION 9933 N. Lawler Avenue•Suite 516•Skokie, Illinois 60077•(847) 674-4321 •FAX(847)674-0230 December 6, 1996 DEC 91996 Mr. J. Patel 6910 Lyons Street Morton Grove, IL 60053 Re: Purchase of Residence Dear Mr. Patel: The Taxman Corporation is prepared to offer the sum of $187, 000 for the purchase of your home. In addition, we will reimburse the costs of your attorney' s fees in connection with the closing, and no sales commissions will be deducted from the price. Closing can be delayed until fall, 1997 . This offer is consistent with our acquisition costs for the other two homes. It is intended as a final offer and not the basis for additional negotiation. Please respond within a reasonable time. Very truly yours, • �r�— p rif/` Howard Davis HD/ irm Vcc: t6 REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT - DEC-09-1996 13 51 FROM 1RXMRN CORP. TO 9654162 P.02 j, DECEMBER 9, 1996 ‘'''MR. HOWARD DAVIS -- THE TAXMAN CORPORATION 9911 W. LAWLER AVENUE SKOKIE, ILLINOIS 60077 RE, 6910 W. BECKWITH, MORTON GROVE, ILLINOIS DEAR MR. DAVIS: PER OUR VERBAL AGREEMENT BY TELEPHONE TODAY, THE OWNERS OF THE HOME AT 6910 W. BECKWITH, MORTON GROVE, IL. ARE WILLING TO SELL THE HOME TO THE VILLAGE OF MORTON GROVE FOR THE SUM OF $290, 500 . THE TERMS OF THE SALE ARE AS FOLLOWS: CLOSING: MONDAY, MARCH 3, 1997 LEGAL FEES TO BE REIMBURSED BY THE VILLAGE OF -MORTON GROVE AS PURCHASER (ESTIMATED $400) . APPRAISAL FEES TO BE REIMBURSED BY THE VILLAGE OF MORTON GROVE AS PURCHASER ($265) . 'LOSING COSTS TO BE PAID BY THE VILLAGE OF MORTON GROVE "aS PURCHASER. SPECIAL CONSIDERATIONS: THE SELLERS MAY OCCUPY THE PREMISES FOR THIRTY DAYS AFTER CLOSING ON A RENT FREE BASIS. THE HOME IS TO BE LEFT IN SALEABLE CONDITION INCLUDING ALL ATTACHMENTS (DRAPERIES, CEILING FANS, CABINETS, COUNTER TOPS, BATHROOM FIXTURES, CARPETING, ETC. ) OFFER TO PURCHASE TO BE PREPARED AND EXECUTED BY THE VILLAGE OF MORTON GROVE AS PURCHASER AND PURCHASER SHALL PRESENT OFFER TO SELLER ON OR BEFORE DECEMBER 16, 1996 WITH APPROPRIATE EARNEST MONEY DEPOSIT. SAID OFFER TO PURCHASE SHALL BE WITHOUT CONTINGENCIES ON THE PART OF THE VILLAGE OF MORTON GROVE AS PURCHASER. VERY TRULY YOURS, spetu Met p , Ci \ _ UISaB. SDI NICOLA 7 �D�� 4+. MADELEINE J. DI NICOLA . -40-5111a Village of€Morton grove Office of the Village Administrator December 4, 1996 Mr. Sy Taxman Taxman Corporation 9933 North Lawler Avenue, Suite 516 Skokie, Illinois 60077 Re: Purchase of residential properties at 6910 W. Beckwith and 6909 W. Lyons Street Dear Sy: Please accept this correspondence as a response from the Village to recent discussions which have been held with Howard Davis from your office relative to the above referenced property acquisition. The TIF Committee met and discussed the issue of acquiring the two residential properties in some detail on Tuesday, December 3, 1996. I have subsequently polled the Trustees that were not in attendance and the Village has decided to: 1. Authorize the purchase of the two above referenced residential properties for a combined total cost of $460,000. In addition, the Village will reimburse those two homeowners for their appraisal cost and out- of-pocket legal fees related to the sale of their properties. The Village will also pay all closing costs and there will be no real estate fees assessed the homeowners. 2. The Village has agreed to directly acquire these properties at this time and will have funds available to meet the closing dates stipulated by the homeowners. The Village wants the properties in usable condition so that the current owners will not damage or remove any of the existing fixtures or components including all draperies and curtains which would normally be left with a property as part of a normal residential real estate transaction. 3. The Village will prepare a brief ordinance making the necessary amendment to the redevelopment agreement which is currently in place between the Village and the Taxman Corporation to clarify this issue. The Village plans no additional amendments or modifications to the redevelopment agreement which was originally approved as ordinance 96-26. Although Trustees have expressed some concern about Village acquisition of these properties, which is a significant change from the original redevelopment agreement as signed, I believe that we all agree that it is in the best interest of both the developer and the Village to have the Village directly purchase these properties at this time. Trustees are concerned, however, about insuring that this project will move forward to construction particularly now that we will begin to expend significant sums of money to accumulate the site necessary for the proposed redevelopment project. While the Village Board continues to express confidence in the developer, I believe it is imperative that certain action is taken at this time to provide the Village with a level of comfort so Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2902 Tel (708) 965-4100 • TDD (708) 470-5249 • Fax: (708) 965-4162 this project will move to construction as soon as the balance of the site can be acquired and cleared. To that end, the Village requests the developer take the following actions and provide the Village with the requested documentation: 1. Insure that an adequate line of credit is available to facilitate construction of the project. A letter from your bank(s) addressed to the Village President indicating that credit is available adequate to fulfill the developer's commitments as articulated in the Community Development Agreement approved by Ordinance 96-26 would be sufficient for the Village at this time. The Village is Int requesting that an actual letter of credit be filed at this time. 2. Many months have gone by and the developer still has not been able to obtain a letter of intent from a tenant/purchaser of the proposed retail building. As we move into the implementation phase of this project, it becomes imperative that a letter of intent be secured from the proposed tenant/purchaser for this site. The Village understands that it is still too early to provide a firm date of availability and that any proposed tenant/purchaser will provide only a tentative commitment at this time. 3. We have discussed for many months the need to proceed with the submittal of plans to the Village in order to begin the process of obtaining the rezoning and land use permits needed for this project. As you know, this process can easily take four to six months. Now that we will be entering into contracts for the residential properties and we have the motel property in condemnation, the Village clearly has an ownership interest in the entire site and there is no reason to further delay processing the land use permit • application. Plans should be completed and submitted to the Village so that this process can be initiated. Although the Village does not need to complete the above referenced actions as a precondition to moving forward with the acquisition of the residential properties, the Village would like to have the appropriate letters in our file no later than January 31, 1997. We would also anticipate receiving plans and the necessary accompanying documents to process the rezoning and land use permit applications by no later than January 31, 1997, as well. We are still confident that this project will move to construction and look forward to a mutually rewarding redevelopment effort which the redevelopment agreement makes possible. If you have questions or need additional information, please do not hesitate to contact my office. Sincere! /4"/"//vii . Arft Vill. .e Administrator LNA/mk cc: Village President and Board of Trustees Gabriel Berrafato, Corporation Counsel Phil McKenna, Kane McKenna tiffraxman9 let THE TAXMAN CORPORATION 9933 N. Lawler Avenue•Suite 516•Skokie, Illinois 60077•(847) 674-4321 •FAX (847)674-0230 November 26, 1996 Mr. Larry Arft Village of Morton Grove 6101 Capulina Morton Grove, IL 60053 RE: Purchase of Residences Dear Larry: I spoke with Lou DiNicola again yesterday and I am concerned that we have reached an impasse. As you may recall, the last offer from DiNicola and Tessien was $475, 000 for the two homes. Since then, I have spoken with Mr. DiNicola twice. While he seems willing to come down further on the price, he is now insisting that we close before the end of year and lease back the houses to them at nominal or below market rents. He even suggested that they be allowed to "gut" the houses after they moved out, but he seems prepared to back off this position. He totally rejected the idea of a flexible closing window which would enable us to designate a closing date during a certain span of time. When I suggested to Mr. DiNicola that he was asking for too much, he said that it was going to be his way or no way at all . When I then suggested that the Village might acquire these houses through condemnation, he said that he wasn' t concerned about that, and that he would deal with it if it happened. I have since talked to Frank Tessien, but he did not want to discuss it until he talked to DiNicola. He asked that I call him after Thanksgiving. Obviously, Mr. DiNicola' s proposal creates economic burdens for us which we do not want and did not intend to incur. In addition to fronting over $460, 000 to tie up the houses, we would have the carrying costs for several months or more, and these are significant. REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT Mr. Larry Arft November 26, 1996 Page Two Since a deal with the hotel does not appear imminent, we are not anxious to undertake this commitment at this time. We would like the Village to consider undertaking condemnation proceedings on the three residences in question, or in the alternative, provide us with the funds we will require to acquire and carry the houses . Ve\ryQ truulllyr-yours, Howard Davis HD/rm cc: Seymour Taxman `r NOV-07-1996 10:49 FROM 1RX1AN CORP. TO 9654162 P.02 NOVEMBER 6, 1996 MR. HOWARD DAVIS THE TAXMAN CORPORATION 9933 N. LAWLER AVENUE SKOKIE, ILLINOIS 60077 RE: 6910 W. BECKWITH, MORTON GROVE, ILLINOIS 6909 W. LYONS, MORTON GROVE, ILLINOIS DEAR MR. DAVIS : IN RESPONSE TO YOUR OFFER DATED NOVEMBER 1, 1996 IT IS OUR POSITION THAT THE PROPERTY VALUES AS DETERMINED BY OUR M.A. I . APPRAISERS, PROPERTY VALUATION SERVICES L.L.C. , ARE NOT A NEGOTIABLE ISSUE. THEREFORE. YOUR OFFER OF $442, 000 FOR OUR HOMES CONSISTS OF $415, 000 IN APPRAISED VALUE AND $27, 000 IN INCREMENT FOR OUR ADDED COSTS. AFTER CAREFUL CONSIDERATION OF THE COST CONSEQUENCES OF THIS TRANSACTION, AND IN A SPIRIT OF COOPERATION, WE AGREE TO LOWER OUR OFFER FROM $490, 000 TO $475, 000 . IF AN AGREEMENT IS REACHED, WE WILL NOTIFY YOU OF THE NUMBERS IN THE SPLIT. ALSO, WE ACCEPT THE PORTION OF YOUR OFFER THAT THERE 3E NO SALES COMMISSIONS AND THAT YOU WILL REIMBURSE OUR APPRAISAL AND LEGAL FEES. WE LOOK FORWARD TO HEARING FROM YOU. VERY TRULY YOURS, ter 12:44L LOUIS B. DI NICOLA MADELEINE J. DI NICOLA 6910 W. BBC ITH,- 6910 W. WRCKWTTV FRANK TESSIEN BE Y TESSIEN 6909 W. LYONS 6909 W. LYONS b « : L4RTh' AieF1 THE TAXMAN CORPORATION 9933 N. Lawler Avenue•Suite 516•Skokie, Illinois 60077•(847)674-4321 •FAX (847)674-0230 November 1, 1996 II NOV _ 2 1996 Mr. Louis Di Nicola Ms. Madeleine J. Di Nicola 6910 W. Beckwith Morton Grove, IL 60053 Mr. Frank Tessien Ms. Betty Tessien 2156 Walnut Ct. Glenview, IL 60025 Re: Real Estate Purchases Dear Mr. & Ms. Di Nicola and Mr. and Ms. Tessien: Thank you for your letters of October 21 and 22, 1996 as well as copies of the appraisals which you obtained. While we believe that the $490, 000 figure which you have proposed is high, we are prepared to increase our initial offer substantially in an effort to come to an agreement. Therefore, we are now offering a total of $442, 000 for your two residences. This figure was arrived at in the following manner: 6910 West Beckwith $ 245, 000 (splits the difference between the two appraisals) 6909 West Lyons 147, 000 (accept Tessien appraisal) Increment 50, 000 (To be split between the two parties as they deem appropriate) TOTAL $ 442, 000 While this offer is less than you requested, it represents an increase of $86, 000 from our previous offer. Also, there will be no sales commissions, and your appraisal and legal fees will be reimbursed. We have discussed this new proposal with the Village officials, and they believe it is very equitable. REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT Page Two November 1, 1996 The closings can occur at different times, and can be delayed until spring of next year; however, we would like to enter into sales contracts as soon as possible. Please give this proposal your immediate consideration. Very truly yours, Howard Davis HD/rm � i,^ Village of e!Morton grove • Office of the Village Administrator October 29, 1996 CONFIDENTIAL Mr. Seymour Taxman The Taxman Corporation 9933 North Lawler Avenue Skokie, Illinois 60077 Re: Purchase of Residential Properties at 6910 West Beckwith and 6909 West Lyons For Redevelopment Area "A" Improvement Project Dear Sy: The Village Board of Trustees in Executive Session held on Monday, October 28, 1996, discussed correspondence dated October 22, 1996, over the signatures of the DiNicolas and the Tessiens regarding the acquisition of their property for the above referenced improvement project. With regard to the proposal, it was the Board's request that a counteroffer be made based upon the following numbers: Offer 6910 West Beckwith (Di Nicola) $245,000 (splits the difference between the two appraisals) 6909 West Lyons (Tessien) $147,000 (accept Tessien appraisal) Total $392000 Increment (to be split between the two parties as they determine appropriate) $ 50,000 Total offering price $442,000 Separate closings should certainly be mutually agreed upon and would seem to be beneficial to both the Taxman Corporation and the Village. There is certainly no hurry to close, however, we Richard T. Flickinger Municipal Center If 6101 Capulina Avenue • Morton Grove, Illinois 60053-2902 to • Tel: (708) 965-4100 • TDD (708) 470-5249 • Fax: (708) 965-4162 would recommend that if an agreement can be reached, contracts should be placed on the two properties so we can then concentrate our efforts on the motel and the remaining residential property that needs to be acquired for this project. There certainly would be no sales commission paid since this transaction did not involve the use of independent brokers. It was always our intention to pay the necessary costs for closing this real estate transaction. I believe the appraisal fee of$533 and reasonable and customary legal fees for the property owners should be reimburseable expenses considering the circumstances surrounding this acquisition. Strategically I believe it would be best if the counteroffer came from the Taxman Corporation as a part of the ongoing negotiations. If you wish to disclose to the property owners that you have discussed this issue with the Village, that would be appropriate; and should there be any effort to communicate directly with Village Officials we would certainly respond in support of the counteroffer described above. By reviewed the numbers in this correspondence you will note the total potential savings as a result of this counteroffer is $48,000. This total project will, of course, result in more than$3 million worth of improvements to the community. Please keep that relationship in mind as the negotiations proceed and return to the Village at your earliest opportunity with what you believe is your best recommendation for concluding the negotiations and effectuating the acquisition. Sincerely, -/4/, �N. Arft Village Administrator LNA/sl tifltaxman7.let cc: Village President and Board of Trustees CONFIDENTIAL THE TAXMAN CORPORATION 9933 N. Lawler Avenue•Suite 516•Skokie, Illinois 60077•(847)674-4321 •FAX(847)674-0230 October 23 , 1996 FEDERAL EXPRESS Mr. Larry Arft Village of Morton Grove 6101 Capulina Morton Grove, IL 60053 Re: Home Purchases Dear Larry: Enclosed are two letters which we received from the Di Nicolas and the Tessiens regarding the sale of their houses. Also enclosed are the appraisals which they had completed. I think that we may be able to help the Di Nicolas with their tax problem if we do a "friendly" condemnation. We will research this matter. In the meantime, please review the enclosed. Very truly yours, V)4pc � Howard Davis HD/rm Encls. REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT OCTOBER 22 , 1996 MR. HOWARD DAVIS THE TAXMAN CORPORATION 9933 N. LAWLER AVENUE SKOKIE, ILLINOIS 60077 RE: 6910 W. BECKWITH, MORTON GROVE, ILLINOIS 6909 W. LYONS, MORTON GROVE, ILLINOIS DEAR MR. DAVIS : IN RESPONSE TO YOUR REQUEST FOR INFORMATION ON HOW WE ARRIVED AT OUR OFFER PRICE OF $490, 000 FOR THE ABOVE TWO PROPERTIES, WE ENCLOSE APPRAISALS OF OUR HOMES PREPARED BY PROPERTY VALUATION SERVICES, LLC. AND SIGNED BY MR. GARY T. PETERSON, MAI . P4 APPRAISED VALUE : 6910 W. BECKWITH (DI NICOLA) $268, 000 6909 W. LYONS ST. (TESSIEN) 147, 000 TOTAL $415, 000 INCREMENT 18% 75, 000 TOTAL OFFERING PRICE $490 , 000 THE INCREMENT IS TO COMPENSATE US FOR FINANCIAL AND EMOTIONAL HARDSHIP THIS MOVE WILL CREATE. IN THE CASE OF TESSIEN, AN OCTAGENARIAN IN DELICATE HEALTH WILL BE UPROOTED FROM THE COMFORTABLE HOME SHE HAS LIVED IN MOST OF HER LIFE AND RELOCATED TO A NURSING HOME WHICH WHICH WILL COST APPROXIMATELY $3 , 500 PER MONTH. IT MAKES ALL THE SENSE IN THE WORLD TO DELAY SELLING THIS HOME UNTIL AFTER HER DEMISE. WITH THE MOTEL GONE, THE PROPERTY VALUE CAN ONLY IMPROVE BY THEN. IN THE CASE OF DI NICOLA, THE PREMATURE SALE OF THE HOME BEFORE ATTAINMENT OF AGE 55 WILL PREVENT THE CAPITAL GAIN EXCLUSION WHICH WILL THEN BE AVAILABLE. IT WILL BE NECESSARY TO OCCUPY A NEW HOME FOR THREE YEARS BEFORE THIS TAX ADVANTAGE WILL AGAIN BE AVAILABLE, THEREBY FORCING ANOTHER MOVE WITH ALL ITS COSTS AND INCONVENIENCES. IT MAKES ALL THE SENSE IN THE WORLD TO SELL THIS HOME AFTER ATTAINMENT OF AGE 55 AND TO THEN RENT OR BUY A SMALL CONDO WITH NO ADVERSE TAX CONSEQUENCES . WITH THE MOTEL GONE, THE PROPERTY VALUE CAN ONLY IMPROVE BY THEN. OCT MOVING COSTS, MORTGAGE RATE DIFFERENTIALS, AND THE RELATED EMOTIONAL TRAUMA OF SEEING OUR HOMES BULLDOZED CERTAINLY ACCRUE TO OUR DISADVANTAGE. MR. DAVIS, PLEASE BE ASSURED THAT WE ARE STEADFAST IN OUR OFFER AND HAVE ABSOLUTELY NO QUALMS ABOUT NOT SELLING FOR THE AFOREMENTIONED REASONS . WE THINK YOUR DEVELOPMENT PLAN IS A GREAT BOON TO THE VILLAGE OF MORTON GROVE, AND THAT TAXMAN CORPORATION, IF SUCCESSFUL IN THIS ENDEAVOR, WILL ENJOY MANY FUTURE BENEFITS IN DEALING WITH THE VILLAGE. WE WISH YOU ALL THE LUCK IN THE WORLD. VERY TRULY YOURS, /17, r' th"`""AL-- LOUIS B. DI NICOLA J. DI NICOLA 6910 W. BECKWITH 6910 W. BECKWITH • J FRANK TESSIEN BETTY TESSIEN 6909 W. LYONS 6909 W. LYONS SENT 8Y; ;10-22-96 ; 8:49AM ; DIPAOLO COMPANY4 18476740230;# 2 OCTOBER 21, 1996 MR. HOWARD DAVIS THE TAXMAN CORPORATION 9933 N. LAWLER AVENUE SKOKIE, ILLINOIS 6077 • 0 RE: 6910 W. BECKWITH, MORTON GROVE, ILLINOIS • 6909 W. LYONS!, MORTON GROVE, ILLINOIS • DEAR MR. DAVIS: THE OWNERS OF THE ABOVE PROPERTIES ARE OFFERING THEM FOR SALE TO THE TAXMAN1CORPORATION FOR A TOTAL SUM OP $490,000 IN CASH. THE TERMS OF THE OFER ARE: 1, SEPARATE CLOSINGS AT DATES TO BE MUTUALLY AGREED UPON. 2. THERE WILL.BE NO SALES COMMISSIONS DEDUCTED FROM SALE PRICE1 ALL SUCH COSTS TO BE PAID BY THE TAX CORPORATION. 3, ALL COSTS RELATED TO THE CLOSING TO BE PAID BY THE TAXMAN CORPORATION. THIS INCLUDES APPRAISAL FEES I CURRED OF $533 CUSTOMARY LEGAL FEES FOR ATTORNEYS OF 0 CHOOSING ADMINISTER THE CLOSINGS ON OUR BEHALF. • VERY TRULY YOURS, �j CCJJ// LOUIS B. I NICOLA MADELEINE J. DI NICOLA 6910 W, BECKWITH 6910 W. BECKWITH FRANK TES IBS BETTY S828N 6909 W. L GINS . 6909 W. LYONS . . • THE TAXMAN CORPORATION 9933 N. Lawler Avenue•Suite 516',Skokie, Illinois 60077•(847)674-4321 •FAX (847) 674-0230 lit x, August 23, 1996 'rill U 47 '6 r ' ;` U ; Mr. Larry Arft Village of Morton Grove 6101 Capulina Morton Grove, Illinois 60053 RE: Home Acquisitions Dear Larry: Enclosed are copies of the three home acquisition offers, as well as copies of the August 15th letters which we sent. Let's hope for the best. Very truly yours, Howard Davis HD:em Enclosures wpjmy\hd\arft.nte REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT THE TAXMAN CORPORATION 9933 N. Lawler Avenue •Suite 516•Skokie, Illinois 60077 •(847) 674-4321 •FAX (847) 674-0230 August 23 , 1996 Mr. Louis Di Nicola 6910 Beckwith Morton Grove, Illinois 60053 RE: 6910 Beckwith, Morton Grove, IL Dear Mr. Di Nicola: The Taxman Corporation is prepared to offer the sum of $ 222 , 000 in cash for the acquisition of your home. The terms of the acquisition would be: 1. Closing at a date to be mutually agreed upon. 2 . There will be no sales commissions deducted from the sale price. 3 . All costs related to the closing will be paid by The Taxman Corporation. This offer is valid for ten working days from your receipt of this proposal. If you have any questions, please feel free to contact me. Very truly yours, Howard Davis HD: em wpjmy\hd\form.hme REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT THE TAXMAN CORPORATION 9933 N. Lawler Avenue•Suite 516•Skokie, Illinois 60077 •(847) 674-4321 •FAX (847) 674-0230 August 23, 1996 Mr. J. Patel 6910 Lyons Morton Grove, Illinois 60053 RE: 6910 Lyons, Morton Grove, IL Dear Mr. Patel: The Taxman Corporation is prepared to offer the sum of $ 145 , 000 in cash for the acquisition of your home. The terms of the acquisition would be: 1. Closing at a date to be mutually agreed upon. 2 . There will be no sales commissions deducted from the sale price. 3 . All costs related to the closing will be paid by The Taxman Corporation. This offer is valid for ten working days from your receipt of this proposal. If you have any questions, please feel free to contact me. Very truly yours, "?r, Howard Davis HD:em REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT THE TAXMAN CORPORATION 9933 N. Lawler Avenue•Suite 516•Skokie, Illinois 60077•(847) 674-4321 •FAX (847) 674-0230 August 23 , 1996 Mr. Frank Tessien 6909 Lyons Morton Grove, Illinois 60053 RE: 6909 Lyons, Morton Grove, IL Dear Mr. Tessien: The Taxman Corporation is prepared to offer the sum of $ 134 , 000 in cash for the acquisition of your home. The terms of the acquisition would be: 1. Closing at a date to be mutually agreed upon. 2 . There will be no sales commissions deducted from the sale price. 3 . All costs related to the closing will be paid by The Taxman Corporation. This offer is valid for ten working days from your receipt of this proposal. If you have any questions, please feel free to contact me. Very truly yours, l. J Howard Davis HD:em wpjmy\hd\form.hme REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT THE TAXMAN CORPORATION 9933 N. Lawler Avenue•Suite 516•Skokie, Illinois 60077 • (847) 674-4321 • FAX (847) 674-0230 August 15 , 1996 Mr. J. Patel 6910 Lyons Morton Grove, IL 60053 RE: 6910 Lyons, Morton Grove, IL Home Appraisal Dear Mr. Patel: You have now had an opportunity to review the appraisal report which we provided to you. We expect to submit an offer to you to purchase your property consistent with that appraisal. In the interim, if you wish to discuss this matter, 'please feel free to contact me. Very truly yours, Howard Davis HD/rm REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT p THE TAXMAN CORPORATION 9933 N. Lawler Avenue • Suite 516•Skokie, Illinois 60077•(847) 674-4321 •FAX (847) 674-0230 August 15, 1996 Mr. Louis Di Nicola 6910 Beckwith Morton Grove, IL 60053 RE: 6910 Beckwith, Morton Grove, IL Home Appraisal Dear Mr. Di Nicola: You have now had an opportunity to review the appraisal report which we provided to you. We expect to submit an offer to you to purchase your property consistent with that appraisal . In the interim, if you wish to discuss this matter, please feel free to contact me. Very truly yours, \V^C lka Howard Davis HD/rm REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT C THE TAXMAN CORPORATION 9933 N. Lawler Avenue •Suite 516•Skokie. Illinois 60077 •(847) 674-4321 • FAX (847) 674-0230 August 15, 1996 Mr. Frank Tessien 6909 Lyons Morton Grove, IL 60053 RE: 6909 Lyons, Morton Grove, IL Home Appraisal Dear Mr. Tessien: You have now had an opportunity to review the appraisal report which we provided to you. We expect to submit an offer to you to purchase your property consistent with that appraisal . In the interim, if you wish to discuss this matter, -please feel free to contact me. Very truly yours, Howard Davis HD/rm Coc� 4 Yrc.r-K- 1 2- 15 u Wa\.n * th - G n./".Cw IL G00?C wh- �5 - REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT THE TAXMAN CORPORATION 9933 N. Lawler Avenue•Suite 516•Skokie, Illinois 6 77•(847)674-4321 •FAX(847)674-0230 L. Of ` 1O15 q.s jflr , c ++r July 16 , 1996 " bitiii -- _ : r HAND DELIVERED Mr. Larry Arft Village of Morton Grove 6101 Capulina Morton Grove , IL 60053 RE : Appraisal of Residences Dear Larry : Enclosed are copies of the three appraisal reports for the homes on Lyons and Beckwith. I will start contacting the sellers to review these . Very truly yours , t Howard Davis 9lP'Mp.gqx4tt1*t HD/rm Enclosures is 4 Si* ill 3y� (ssv 49/° a s � j ZZ p/ dap o7/9 beekiArtic REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT THE TAXMAN CORPORATION 9933 N. Lawler Avenue•Suite 516•Skokie, Illinois 60077•(847)674-4321 •FAX(847) 674-0230 June 13 , 1996 Mr. & Mrs. J. Patel 6910 Lyons Morton Grove, IL 60053 Dear Mr. & Mrs. Patel: As we have previously advised you, your house is included in an area which is intended for redevelopment. In order to establish a fair price, we have engaged Robert Scholtes to prepare a written appraisal of your house. Mr. Scholtes' firm is called The Appraisal Company, and his address is 5908 Capri Lane, Morton Grove, Illinois. His telephone number is (847) 581-1514. Our goal is to determine a fair sale price for your home and ultimately proceed to a contract for its acquisition. This appraisal will in no way be legally binding and is meant to be a starting point for discussions. Accordingly, we would appreciate your cooperation in preparing this report. Please contact me to arrange for an inspection of your house by the appraiser. Very truly yours, Howard Davis HD/rm REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT THE TAXMAN CORPORATION 9933 N. Lawler Avenue•Suite 516•Skokie, Illinois 60077•(847) 674-4321 •FAX (847) 674-0230 June 13 , 1996 Mr. & Mrs. Frank Tessien 6909 Lyons Morton Grove, IL 60053 Dear Mr. & Mrs. Tessien: As we have previously advised you, your house is included in an area which is intended for redevelopment. In order to establish a fair price, we have engaged Robert Scholtes to prepare a written appraisal of your house. Mr. Scholtes' firm is called The Appraisal Company, and his address is 5908 Capri Lane, Morton Grove, Illinois. His telephone number is (847) 581-1514 . Our goal is to determine a fair sale price for your home and ultimately proceed to a contract for its acquisition. This appraisal will in no way be legally binding and is meant to be a starting point for discussions. Accordingly, we would appreciate your cooperation in preparing this report. Please contact me to arrange for an inspection of your house by the appraiser. Very truly yours, Howard Davis HD/rm REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT THE TAXMAN CORPORATION 9933 N. Lawler Avenue•Suite 516•Skokie, Illinois 60077•(847)674-4321 •FAX(847) 674-0230 June 13 , 1996 Mr. & Mrs. Louis Di NiCola 6910 Beckwith Morton Grove, IL 60053 Dear Mr. & Mrs. Di NiCola: As we have previously advised you, your house is included in an area which is intended for redevelopment. In order to establish a fair price, we have engaged Robert Scholtes to prepare a written appraisal of your house. Mr. Scholtes ' firm is called The Appraisal Company, and his address is 5908 Capri Lane, Morton Grove, Illinois. His telephone number is (847) 581-1514 . Our goal is to determine a fair sale price for your home and ultimately proceed to a contract for its acquisition. This appraisal will in no way be legally binding and is meant to be a starting point for discussions. Accordingly, we would appreciate your cooperation in preparing this report. Please contact me to arrange for an inspection of your house by the appraiser. Very truly yours, Howard Davis HD/rm REAL ESTATE DEVELOPMENT • SHOPPING CENTER SPECIALISTS • DEVELOPMENT LEASING MANAGEMENT 5 Village of�Viorton grove i Office of the Village Administrator April 12, 1996 Mr. Louis DiNicola 6910 Beckwith Morton Grove, Illinois 60053 Re: Meeting to Discuss Redevelopment of Admiral Oasis Property Dear Mr. DiNicola: You have undoubtedly heard the Village of Morton Grove formed a Tax Increment Financing District (TIF) along portions of Waukegan Road. Included in the TIF were several designated redevelopment areas, one of which included the existing Admiral Oasis Motel. The Village has received a proposal from a qualified local developer for the redevelopment of this site. Since the developer's plan would directly impact your property, Mayor Hohs has asked that I invite you to a meeting at 6: 30 p.m. next Thursday evening, April 18, -1996, here at the Morton Grove Village Hall. -rhe purpose of this meeting will be to provide you, as the immediate neighbor of the Admiral Oasis, a preview of this plan and an opportunity to comment before the developer's plan is made public. This is a very important meeting and I urge you and your spouse or other co- owner of your property to also attend. While important, the subject is brief and we anticipate completion by 7:30 p.m. Please contact either Marlene or Susan in my office at 470-5220 to confirm your attendance. If it is impossible for you to join us on this date, a separate meeting time will be set aside to insure you have an opportunity to review this redevelopment plan. The Village is very excited about this pending opportunity to redevelop the Admiral Oasis Motel and trust you will share our interest in that endeavor. I look forward to seeing you next Thursday evening to discuss this very important matter. Sincerely ej 'y N. Arft Vi ' age Administrator �„dA/s1 cc: Village President and Board of Trustees ClAresidenda Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2902 i, Tel: (708) 965-4100 • TDD (708) 470-5249 • Fax: (708) 965-4162 Reoyd,1 ea.,, ssPa Village of Morton grove Office of the Village Administrator April 12, 1996 Mr. Frank Tessien 6909 Lyons Morton Grove, Illinois 60053 Re: Meeting to Discuss Redevelopment of Admiral Oasis Property Dear Mr. Tessien: You have undoubtedly heard the Village of Morton Grove formed a Tax Increment Financing District (TIF) along portions of Waukegan Road. Included in the TIF were several designated redevelopment areas, one of which included the existing Admiral Oasis Motel. The Village has received a proposal from a qualified local developer for the redevelopment of this site. Since the developer's plan would directly impact your property, Mayor Hohs has asked that I invite you to a meeting at 6: 30 p.m. next Thursday evening, April 18, '996, here at the Morton Grove Village Hall. The purpose of this meeting will be to provide you, as the immediate neighbor of the Admiral Oasis, a preview of this plan and an opportunity to comment before the developer's plan is made public. This is a very important meeting and I urge you and your spouse or other co- owner of your property to also attend. While important, the subject is brief and we anticipate completion by 7:30 p.m. Please contact either Marlene or Susan in my office at 470-5220 to confirm your attendance. If it is impossible for you to join us on this date, a separate meeting time will be set aside to insure you have an opportunity to review this redevelopment plan. The Village is very excited about this pending opportunity to redevelop the Admiral Oasis Motel and trust you will share our interest in that endeavor. I look forward to seeing you next Thursday evening to discuss this very important matter. Sincerely, La y N. Arft Vil age Administrator `LNA/s1 cc: Village President and Board of Trustees uAesidenuet Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2902 ice, Tel: (708) 965-4100 • TDD (708) 470-5249 • Fax: (708) 965-4162 S ' Village of Morton grove Office of the Village Administrator April 12, 1996 Mr. J. Patel 6910 Lyons Morton Grove, Illinois 60053 Re: Meeting to Discuss Redevelopment of Admiral Oasis Property Dear Mr. Patel: You have undoubtedly heard the Village of Morton Grove formed a Tax Increment Financing District (TIF) along portions of Waukegan Road. Included in the TIF were several designated redevelopment areas, one of which included the existing Admiral Oasis Motel: The Village has received a proposal from a qualified local developer for the redevelopment of this site. Since the developer's plan would directly impact your property, Mayor Hohs has asked that I invite you to a meeting at 6: 30 p.m. next Thursday evening, April 18, ' 996, here at the Morton Grove Village Hall. The purpose of this meeting will be to provide you, as the immediate neighbor of the Admiral Oasis, a preview of this plan and an opportunity to comment before the developer's plan is made public. This is a very important meeting and I urge you and your spouse or other co- owner of your property to also attend. While important, the subject is brief and we anticipate completion by 7: 30 p.m. Please contact either Marlene or Susan in my office at 470-5220 to confirm your attendance. If it is impossible for you to join us on this date, a separate meeting time will be set aside to insure you have an opportunity to review this redevelopment plan. The Village is very excited about this pending opportunity to redevelop the Admiral Oasis Motel and trust you will share our interest in that endeavor. I look forward to seeing you next Thursday evening to discuss this very important matter. Sincerely, SS f Lar y N. Arft Vil age Administrator CIA/sl cc: Village President and Board of Trustees rifraiawuet Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2902 NEW Tel: (708) 965-4100 • TDD (708) 470-5249 • Fax: (708) 965-4162 R,o,;,;;,,^„