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TO: Mayor Richard C. Irvin
FROM: Bill Wiet, Chief Development Services Officer
DATE: June 30, 2017
SUBJECT:
To approve an amendment to the Contract to purchase a portion of the City-owned landfill at Sullivan and Rt. 25 to Heartland Recycling-Aurora CCDD LLC, which first amendment reflects only a change in the name of the developer.
PURPOSE:
The purpose of this first amendment is to name the proper ownership interest on the contract so the closing on the property can take place.
BACKGROUND:
On May 9, 2017 the City agreed to sell a small portion of the City's former landfill to Heartland Recycling LLC to allow for Heartland to fill in a swale/valley area between the two properties, increasing the amount of developable land, and being able to dispose of additional materials. The amount of land is approximately .66 acres, and the purchase price is $16,500.
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DISCUSSION:
Only the name of the ownership is being considered for approval. The size, location and price of the city owned land remains the same. When the petitioner noticed the difference in the name, the City's legal counsel rendered an opinion that the name cannot simply replace the other given it changes the nature of the relationship.
IMPACT STATEMENT:
There will be no impact on the original contract for purchase other than the name change.
RECOMMENDATIONS:
It is recommended that the First Amendment to the contract be approved.
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Approving First Amendment to Contract for the Purchase and Sale of a Portion of City Owned Real Estate Located at the Northeast Corner of Sullivan Road and State Route 25
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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, on May 9, 2017 , the City Council of the City of Aurora approved a contract for the purchase and sale of city owned property at the northeast corner of Sullivan Road and Rt. 25 to Heartland Recycling LLC, and
WHEREAS, it has been requested by the petitioner to modify the owner/developer name to read as Heartland Recycling - Aurora CCDD, LLC to better reflect the true nature of the ownership interest, and
WHEREAS, the designation of the ownership as indicated above would allow for the City of Aurora and Heartland Recycling- Aurora CCDD LLC to complete the transaction and close on the property, of which the size, location and price which has not changed from the previous approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: The attached First Amendment to Contract for the Purchase and Sale of Real Estate, attached hereto and made a part thereof as Exhibit !, be approved.