Aurora, Illinois

File #: 18-0409    Version: Name:
Type: Resolution Status: Passed
File created: 5/4/2018 In control: City Council
On agenda: 5/8/2018 Final action: 5/8/2018
Title: A Resolution authorizing the execution of a Real Estate Purchase and Sales Contract for the Property Commonly Known as at 512 N Broadway, Aurora, Illinois pursuant to the terms of a Settlement Agreement and General Release in the matter of the City of Aurora v. Broadway Limited of Aurora, LLC, et. al. Circuit Court of the Sixteenth Judicial Circuit, Kane County, Case No. 2011 CH 448.

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TO:                     Mayor Richard C. Irvin

 

FROM:                     Richard J. Veenstra, Corporation Counsel

 

DATE:                     May 8, 2018

 

SUBJECT:

A resolution authorizing the execution of a Real Estate Purchase and Sales Contract for the Property Commonly Known as at 512 N Broadway, Aurora, Illinois pursuant to the terms of a Settlement Agreement and General Release in the matter of the City of Aurora v. Broadway Limited of Aurora, LLC, et. al. Circuit Court of the Sixteenth Judicial Circuit, Kane County, Case No. 2011 CH 448.

 

PURPOSE:

To effectuate the proposed settlement agreement between the parties. 

 

BACKGROUND:

Please consult the memorandum included with Item 18-0408.

 

DISCUSSION:

Please consult the memorandum included with Item 18-0408

 

IMPACT STATEMENT:

Please consult the memorandum included with Item 18-0408.

 

RECOMMENDATIONS:

That the Council adopt this resolution.

 

 

 

CITY OF AURORA, ILLINOIS

 

RESOLUTION NO. _________

DATE OF PASSAGE ________________

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A Resolution authorizing the execution of a Real Estate Purchase and Sales Contract for the Property Commonly Known as at 512 N Broadway, Aurora, Illinois pursuant to the terms of a Settlement Agreement and General Release in the matter of the City of Aurora v. Broadway Limited of Aurora, LLC, et. al. Circuit Court of the Sixteenth Judicial Circuit, Kane County, Case No. 2011 CH 448.

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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and

 

WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and

 

WHEREAS, the parties in the matter of the City of Aurora v. Broadway Limited of Aurora, LLC, et. al. Circuit Court of the Sixteenth Judicial Circuit, Kane County, Case No. 2011 CH 448 have reached a settlement agreement ("Settlement Agreement") and said agreement has been approved by the City Council as Agenda Item 18-00408, and

 

WHEREAS, such Settlement Agreement contemplates the City's acquisition of the real property commonly known as 512 N Broadway, Aurora, Illinois for a total amount of Five Hundred Fifty Thousand Dollars ($550,000), and

 

WHEREAS, the terms of said acquisition are set forth in the Real Estate Purchase and Sales contract attached hereto and made a part thereof as Exhibit A.)

 

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the attached Exhibit A for the acquisition of the real property located at 512 N Broadway Ave for the sum of five hundred fifty thousand dollars ($550,000) shall be and hereby is approved; and further

 

BE IT RESOLVED, that the Corporation Counsel or his designee are authorized and directed to act on the City's behalf to complete the acquisition of said real property in accordance with and subject to the terms of the Settlement Agreement upon the Defendant's satisfactory performance of its obligations under the Settlement Agreement.