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Home My WebLink About92-0513 405 Gifford qa- 0513 4O5 c-,14 ► RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT WITH HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY FOR 405 NORTH GIFFORD STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Habitat for Humanity of Northern Fox Valley for 405 North Gifford Street, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 13, 1992 Adopted: May 13, 1992 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • REAL ESTATE SALES CONTRACT 1. Habitat for Humanity of Northern Fox Valley, a non-profit housing corporation (Purchaser) agrees to purchase at a price of $10.00 on the terms set forth herein, the following described real estate in Kane County, Illinois: Lot_ 5 of T. Schoonhoven's Addition to Elgin. In the City of Elgin, Kane County, Illinois commonly known as 405 North Gifford Street, and with approximate lot dimensions of 66 feet X 132 feet. 2. The City of Elgin, a municipal corporation (Seller) 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 by a recordable quitclaim deed. 3. Purchaser agrees to pay $10.00; plus or minus prorations, at the time of closing. 4. The time of closing shall be on June 4, 1992 or as may be agreed by the parties. 5. A duplicate original of this contract, duly executed by the Seller shall be delivered to the Purchasers within 5 days from the date below, otherwise, at the Purchaser's option, this contract shall become null and void. This contract is subject to the Conditions and Stipulations set forth on the attached pages hereof, which Conditions and Stipulations are made a part of this contract. Rider A is attached and made a part hereof by reference. Dated n( a' /s-/ /99 Z Seller Cit o�'•=' (Address) 150 Dexter Ct. , Elgin, IL 60120 111 City Ma• ager (( Purchaser (Address)7Q:r?��GS� 11"sl 4,,"r IL L 6,0'2"1 Habitat for Humanity of Northern Fox Valley By r-. 81't" V (Address) Chairman CONDITIONS AND STIPULATIONS 1. Buyer shall deliver, not less than 5 days prior to the time of closing, a title commitment for an owner's title insurance policy 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 to (a) the general exceptions contained in the policy unless the contract price is $100,000 or less and the real estate is improved with a single family dwelling or an apartment building of four or fewer residential units, (b) the title exceptions set forth above, and (c) title exceptions pertaining 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 the Seller may so remove at that time by using the funds to be paid upon the delivery of the deed (all of which are herein referred to as the permitted exceptions) . The title commitment shall be conclusive evidence of good title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated. If the seller fails to have unpermitted exceptions removed; buyer may terminate the contract. 2. General taxes shall be adjusted ratably as of the time of closing. If the amount of the current general tax is not then ascertainable, the adjustment thereof shall be on the basis of the amount of the most recent ascertainable taxes. All prorations are final unless otherwise provided herein. 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 Purchaser. 3. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract. 4. Time is of the essence of this contract. 5. All notices herein required shall be 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. 6. Purchaser and Seller 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 1974. 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. 7. Seller shall deliver possession to Purchaser on or before closing. 8. Prior to closing date, buyer shall at buyer's expense deliver to seller or seller's attorney a spotted survey of the premises, dated not more than 6 months prior to the closing date, certified by a licensed surveyor, having all corners staked and showing all improvements, easements, and building lines existing as of this contract date. If requested, seller shall provide an affidavit verifying that no changes and improvements have been made since the date of the survey. RIDER A TO CONTRACT TO PURCHASE VACANT LAND MADE THIS ASA-DAY OF 4/ Qom/ , 1992 BETWEEN THE CITY OF ELGIN AND HAB AT FOR HUMANITY OF NORTHERN FOX VALLEY Thi Rider is attached to and made a part of the contract dated the /,s day of , 1992, between the City of Elgin, a municipal corporation of the State of I1 inois- (hereinafter called "City") , and Habitat for Humanity of Northern Fox Valley, an llinois Not-For-Profit Corporation, (hereinafter called "Habitat") : WHEREAS, Habitat is a non-profit housing corporation which endeavors to provide homes to low-income or near-poverty level familios; and, WHEREAS, Habitat accomplishes these ends through contributions of money, materials and labor; and WHEREAS, the City of Elgin now owns vacant property located at the Northeast corner of Hickory Place and Gifford Street (commonly known as 405 Gifford Street, Elgin, IL) hereinafter called "Property") and, WHEREAS, the City has the power and authority to sell the Property to Habitat; and, WHEREAS, the citizens, neighborhood and City will be benefitted by the construction and sale to a taxpayer of a single-family residence constructed on the Property; and, WHEREAS, Habitat is in the position to construct and sell such a residence, but the City must have assurance that the property will be used for such charitable purposes; and, WHEREAS, the City Council has approved by resolution the execution of this agreement providing for the sale of the property to Habitat at a price of Ten Dollars ($10.00) ; NOW, THEREFORE, in consideration of ten dollars ($10.00) , the mutual convenants contained herein and other good and valuable consideration, the parties to the contract further agree as follows, that: 1. Habitat shall begin construction within six (6) months and complete construction within twelve (12) months (from the date the Property is conveyed) . of a single family residence of between 1100 and 1500 square feet, with basement, in compliance with all applicable codes and regulations; and, 2. Habitat shall sell such home on a no interest, no profit loan basis to an individual or family, applying the selection criteria and income formula attached hereto; and, 3. Should Habitat fail to meet its obligations hereunder within the herein specified time or any agreed extensions thereof, Habitat shall reconvey title to the property to the City. . IN WITNESS WHEREOF, the parties have, in duplicate original, signed and sealed this Agreement by the respective parties authorized to execute the same: CITY OF ELGIN By: SEAL C 'Mama Attest: City Clerk HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY Ate , . By: SEAL P •ident Attest: Secretary ( 1 El • C i )3) • �`tro 1 Agenda Item No . o,Pp7.7.. Q :y 4gILD f66'i May 7 , 1992 TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Sale of 405 North Gifford Street to Habitat for Humanity of Northern Fox Valley PURPOSE The purpose of this memorandum is to recommend that the City sell 405 North Gifford Street to Habitat for Humanity of Northern Fox Valley for the purpose of constructing a new single family residence. • BACKGROUND In March, Habitat requested that the City sell 405 North Gifford to them for the purpose of constructing a new single family residence. Staff was authorized to enter into negotia- tions with Habitat. FINANCIAL IMPACT The City will sell the vacant lot at 405 North Gifford Street to Habitat for $10 .00 . Habitat has agreed to con- struct a single family residence of between 1, 100 and 1,500 square feet with a basement. In addition, the City has agreed to release three City liens on the property: 1) demolition - $2,375 . 00; 2 ) water bill - $29 . 60, and 3) weed cutting - $89 . 13 . Habitat has agreed to pay the sewer and water tap-in fees . RECOMMENDATION It is recommended that the City Manager be authorized to sign a real estate contract for the sale of 405 North Gifford. . s //P Larry Ti4 ice, tit / Manager LLR:amp • • • fi_ / V ? � � tI I o o` 00 o i �/89.S- o12 ; /2-00/ I ., 4488 ° 1 1 cos /s,� -�_ \1 I /Co5 I b I I ( 3 � - 0 /3 O . 0 /3 ^h rho �S sl so �: // 1 • a s \J� ► �t ( I 14,. 14 .fin_ '` �o �` \�,•Z I o I �9 ' - - �� — � 4 ��9 �/v o \ Q ' d ' /0 -002 I .0I 0 I I co I o� I o n (9f\ n� 7 ' o °0 �' 17 I I I I fcO�� LER �/ I ' \ ). � m" `T � ' 9 -003 I t.�L I �-' I o 14 z 14 z I' - - - '/r/.eif- no v� to /32E2,9L G z�f 2 I S --/--- .a • • /30 #12.49zl t Yz2 *zit , �32 ysb ��`8 so\�� S ' ' FREMONT y�r �s3�; s�\ /2 9. L. 'f,,- 41 if? I 43' 9ft r � �S 9 \ Aso, ea (14' az. s I 82.�' 4r.zsf•Ai zs 8z. s 41. 88 f‘ 1. 87 14/.zs er i.s b n�114-°)1: •N s:: N� 6 -ooI M �(/ N 5 I r oo /(� I o •� � 11 „2 r � i8 mg o ° IoI 0 I I o o f Q 0 0 l $ o $ Ti 0 ,2 g `^ I N I l -o?� : �" ► -j -0r2 i I _ _ I _ I _�_. —0;47—t•-•—1--— — — ---313-3 -I- 1 Ns tin , 15 - 4 re IS N � 1351� I o� 2 -0�2�—° -oaf C� 3 Q I� niI I m � .� I ,�I I I —-- �, � V) I , h to I o. I g ;, I r I r r �1 0 0 , I I I 3 -023� Nv . ` noI o I 0 0 1 0 I 0 0 I i `I fs. s $5�4j.s /os v NN:S14:jv , I II 371 din, 380 J4 cp• t __;4- ►- 0. its 14/15 8? s so I cf I so ws I s I rr2s . :.r I , m I yr0 �FrZyr(oN2 'l3' _ �ry0 yY1Y. M REAL ESTATE SALES CONTRACT 1. Habitat for Humanity of Northern Fox Valley, a non-profit housing corporation • (Purchaser) agrees to purchase at a price of $10.00 on the terms set forth herein, the following described real estate in Kane County, Illinois: Lot 5 of T. Schoonhoven's Addition to Elgin. In the City of Elgin, Kane County, Illinois commonly known as 405 North Gifford Street, and with approximate lot dimensions of 66 feet X 132 feet. 2. The City of Elgin, a municipal corporation (Seller) 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 by a recordable quitclaim deed. 3. Purchaser agrees to pay $10.00; plus or minus prorations, at the time of closing. 4. The time of closing shall be on June 4, 1992 or as may be agreed by the parties. 5. A duplicate original of this contract, duly executed by the Seller shall be delivered to the Purchasers within 5 days from the date below, otherwise, at the Purchaser's option, this contract shall become null and void. This contract is subject to the Conditions and Stipulations set forth on the attached pages hereof, which Conditions and Stipulations are made a part of this contract. Rider A is attached and made a part hereof by reference. III Dated Seller City of Elgin (Address) 150 Dexter Ct. , Elgin, IL 60120 City Manager Purchaser (Address) Habitat for Humanity of Northern Fox Valley By (Address) Chairman • CONDITIONS AND STIPULATIONS 1. Buyer shall deliver, not less than 5 days prior to the time of closing, a title commitment for an owner's title insurance policy 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 to (a) the general exceptions contained in the policy unless the contract price is $100,000 or less and the real estate is improved with a single family dwelling or an apartment building of four or fewer residential units, (b) the title exceptions set forth above, and (c) title exceptions pertaining 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 the Seller may so remove at that time by using the funds to be paid upon the delivery of the deed (all of which are herein referred to as the permitted exceptions) . The title commitment shall be conclusive evidence of good title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated. If the seller fails to have unpermitted exceptions removed; buyer may terminate the contract. 2. General taxes shall be adjusted ratably as of the time of closing. If the amount of the current general tax is not then ascertainable, the adjustment thereof shall be on the basis of the amount of the most recent ascertainable taxes. All prorations are final unless otherwise provided herein. 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 Purchaser. 3. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract. 4. Time is of the essence of this contract. 5. All notices herein required shall be 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. 6. Purchaser and Seller 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 1974. 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. 7. Seller shall deliver possession to Purchaser on or before closing. 8. Prior to closing date, buyer shall at buyer's expense deliver to seller or seller's attorney a spotted survey of the premises, dated not more than 6 months prior to the closing date, certified by a licensed surveyor, having all corners staked and showing all improvements, easements, and building lines existing as of this contract date. If requested, seller shall provide an affidavit verifying that no changes and improvements have been made since the date of the survey. • • RIDER A TO CONTRACT TO PURCHASE VACANT LAND MADE THIS DAY OF , 1992 BETWEEN THE CITY OF ELGIN AND HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY This Rider is attached to and made a part of the contract dated the day of , 1992, between the City of Elgin, a municipal corporation of the State of Illinois (hereinafter called "City") , and Habitat for Humanity of Northern Fox Valley, an Illinois Not-For-Profit Corporation, (hereinafter called "Habitat") : WHEREAS, Habitat is a non-profit housing corporation which endeavors to provide homes to low-income or near-poverty level familios; and, WHEREAS, Habitat accomplishes these ends through contributions of money, materials and labor; and WHEREAS, the City of Elgin now owns vacant property located at the Northeast corner of Hickory Place and Gifford Street (commonly known as 405 Gifford Street, Elgin, IL) hereinafter called "Property") and, WHEREAS, the City has the power and authority to sell the Property to Habitat; and, WHEREAS, the citizens, neighborhood and City will be benefitted by the construction and sale to a taxpayer of a single-family residence constructed on the Property; and, • WHEREAS, Habitat is in the position to construct and sell such a residence, but the City must have assurance that the property will be used for such charitable purposes; and, WHEREAS, the City Council has approved by resolution the execution of this agreement providing for the sale of the property to Habitat at a price of Ten Dollars ($10.00) ; NOW, THEREFORE, in consideration of ten dollars ($10.00) , the mutual convenants contained herein and other good and valuable consideration, the parties to the contract further agree as follows, that: 1. Habitat shall begin construction within six (6) months and complete construction within twelve (12) months (from the date the Property is conveyed) of a single family residence of between 1100 and 1500 square feet, with basement, in compliance with all applicable codes and regulations; and, 2. Habitat shall sell such home on a no interest, no profit loan basis to an individual or family, applying the selection criteria and income formula attached hereto; and, 3. Should Habitat fail to meet its obligations hereunder within the herein specified time or any agreed extensions thereof, Habitat shall reconvey title to the property to the City. S • IN WITNESS WHEREOF, the parties have, in duplicate original, signed and sealed this Agreement by the respective parties authorized to execute the same: CITY OF ELGIN By: SEAL Mayor Attest: City Clerk HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY By: •SEAL President Attest: Secretary • • n . dll , Agenda Item No . ym March 5, 1992 TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Construction of New Home on City-Owned Lot at 405 North Gifford Street PURPOSE Habitat for Humanity has requested that the City owned lot at 405 North Gifford Street be made available for the construction of a new single family home by Habitat for Human- ity. BACKGROUND In July of 1991 the City obtained title to three ( 3) vacant lots on Fremont Street and one ( 1) vacant lot on Gifford Street from Kane County through tax sales . The cost for acquiring the four ( 4 ) parcels was $1,720 . Three of the four parcels - 425 Fremont, 427 Fremont and 439 Fremont have been designated as locations for the relocation of two exist- ing homes from Seneca Street. City staff has not identified a specific use for 405 North Gifford Street. In March of 1991 the City and Habitat entered into an agreement whereby the City provided $9 , 965 to Habitat for the acquisition of property and utility hook up and tie in fees . Habitat agreed to construct a single family residence of between 900 and 1,400 square feet, with basement and sell the home on a no interest, no profit loan basis to a family that meets certain income criteria. Habitat is now requesting that the lot at 405 North Gifford Street ( 66 feet X 132 feet) be made available for the construction of a single family home. FINANCIAL IMPACT None. Mayor and Members of the City Council March 5, 1992 Page 2 • RECOMMENDATION Authorize staff to negotiate an agreement with Habitat that would call for the sale of the property at 405 North Gifford to Habitat at a nominal price in exchange for the construction and sale of a single family residence similar to that which was identified in the March, 1991 agreement. Larry-L. ice, Ci Manager LLR:daw Attachment • ' ® HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY - - P.O. BOX 7759 • ELGIN, IL 60121 • Mr. Ray Moller Director of Public Property City of Elgin 150 Dexter Court Elgin, IL 60120 23 January 1992 Dear Mr. Moller: On January 23 of 1991 a presentation was made by Habitat for Humanity of Northern Fox Valley to the Mayor and the E1cgin City Council . At that time a working arrangement was reached allowing Habitat for Humanity to build a house at 479 Fremont Street. On February 9, 1992 the house will be deeded to our first Habitat homeowner for the City fo Elgin. • Habitats goal for 1991 was was to build one house. Our goal for the current year is to build two houses. It is our desire to remain in the Fremont Street area. At this time we are seeking a working arrangement with the City of Elgin to build houses on 1 ) 405 Gifford Street and 2) vacant lot between 437 and 441 Fremont Street if this lot should become available. Having the sites near each other during construction will make the process easier and more efficient for us. If only one lot should become available, we would like to begin as soon as possible. If we can be of any further assistance or answer questions , please feel free to contact me at 426-4564 or Mr. Eary Isibue at 888-0299. Thank you very much for your cooperation. Sincerely yours, Jofti T. Snow Site Committee 426 Roslyn Road Dundee, IL 60118 •