Aurora, Illinois

File #: 18-0634    Version: 1 Name:
Type: Ordinance Status: Forwarded to Committee of the Whole
File created: 7/18/2018 In control: Finance Committee
On agenda: 7/24/2018 Final action: 7/24/2018
Title: An Ordinance authorizing the acquisition of certain real estate commonly known as the Liberty Street Property for subsequent use as a public works facility.
Attachments: 1. 18-0635 - Exhibit A.pdf, 2. 18-0635 - Exhibit B.pdf, 3. 18-0635 - Exhibit C.pdf

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TO:                     Mayor Richard C. Irvin

 

FROM:                     Ian Wade

 

DATE:                     July 24, 2018

 

SUBJECT:

To acquire, through assignment from Invest Aurora, an approximately 25 acre parcel located near Liberty and New York Streets (commonly known as "The Liberty Street Property") for the future construction of a new Public Works Facility.

 

PURPOSE:

The City of Aurora Public Works Department is looking to acquire and construct upon this property a new Public Works Facility.  This facility would consolidate several maintenance divisions currently housed in facilities in substantial disrepair as well as provide new fueling stations and an upsized winter road salt storage silo.

 

BACKGROUND:

The Public Works Department is looking to consolidate the personnel and equipment from a handful of maintenance divisions (Electrical, Streets, Fleet, Water & Sewer, and Water Meter Maintenance).  The existing facilities which currently house these divisions are in varying states of disrepair, as documented in the Assessment Report by CM Program dated November 5, 2017.  Based on this report, it was estimated that the cost to repair the existing facilities of these divisions was approximately $5.24M and the cost of individually reconstructing each facility would total approximately $15.73M.

 

Due to the age and outdated ergonomics of these facilities, it was determined that construction of a new, consolidated facility for these divisions is the best value for the City.  The City is in the process of reviewing Qualifications recently submitted in response to an RFQ to perform an existing facilities needs assessment and provide preliminary plans and cost estimate for a consolidated facility.

 

DISCUSSION:

Invest Aurora took the lead in the negotiations for the acquisition of The Liberty Street Property, which was previously leased as farm land.  A copy of the transaction details to date is included with this item.

 

Funds are available in Account Number 353-4010-417.71-01 (Cost of Land).

 

IMPACT STATEMENT:

The City of Aurora will acquire The Liberty Street Property and construct a new Public Works Facility.

 

RECOMMENDATIONS:

That the attached Real Estate Contract for the purchase of property near Liberty and New York Streets be approved by assignment from Invest Aurora.

 

 

CITY OF AURORA, ILLINOIS

 

ORDINANCE NO. _________

DATE OF PASSAGE ________________

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An Ordinance authorizing the acquisition of certain real estate commonly known as the Liberty Street Property for subsequent use as a  public works facility.

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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 Mayor and City Council of the City of Aurora (hereinafter the “City”) deem it necessary for the health, welfare and safety of the residents to purchase real estate to enable the City to construct a public works facility, or such other improvements as deemed necessary by the Mayor and City Council, at the location set forth below; and

 

WHEREAS, to accomplish the aforesaid purpose, the Mayor and City Council desire to purchase the real property commonly known as the Liberty Street Property, P.I.N.s 15-24-276-033 and 15-24-403-017, which consists of approximately 25.407 acres of vacant land (hereinafter the “Subject Property”), and which is more specifically described and identified in the Vacant Land Purchase and Sale Contract (hereinafter the “Real Estate Contract”), a true and accurate copy of which is attached hereto as Exhibit A; and

 

WHEREAS, Chicago Title Land Trust Company, as trustee under Trust Number 8002377874 dated May 14, 2018, and the beneficiary of said Trust, Seize the Future Development Foundation (hereinafter collectively the “Assignor”), have offered to assign the rights and interest in the Real Estate Contract to the City, pursuant to an Assignment of Contract for Purchase of Real Estate (hereinafter the “Assignment”) and an Assignment and Assumption of Purchase and Sale Agreement (hereinafter the “Assumption Agreement”), true and accurate copies of which are attached hereto as Exhibit B and Exhibit C, respectively; and

 

WHEREAS, the Mayor and City Council desire to purchase the Subject Property by accepting the Assignor’s aforesaid offer and purchase the Subject Property under the terms and conditions of the Real Estate Contract

 

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:

 

SECTION 1:                     That the above recital paragraphs are incorporated into Section 1 of this Ordinance as material terms and provisions. 

 

SECTION 2: That the Assignor’s offer to assign its rights and interest in the Real Estate Contract to the City is accepted and the Assignment, attached hereto as Exhibit B and incorporated by reference, and the Assumption Agreement, attached hereto as Exhibit C and incorporated by reference, are hereby approved, and the Mayor and City Clerk are authorized and directed to execute the Assignment and the Assumption Agreement on behalf of the City and take such other action as is required of them to consummate the assignment and assumption.

 

SECTION 3: That the Real Estate Contract, attached hereto as Exhibit A and incorporated by reference, is hereby approved. The Mayor, the City Clerk and the Corporation Counsel or his designee are further authorized and directed to execute all appropriate documents and take such other action as is required of them to consummate the purchase of the Subject Property by the City, in accordance with the terms and conditions of the Real Estate Contract, the Assignment and the Assumption Agreement.

  

SECTION 4:                     That this Ordinance shall be in full force and effect from and after its passage and approval.