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HomeMy Public PortalAbout001-2006 - consenting to the assignment ofBOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA RESOLUTION NO. 1 -2006 A RESOLUTION CONSENTING TO THE ASSIGNMENT OF REAL ESTATE SALES AGREEMENT WHEREAS, The Board of Public Works and Safety ( "Board ") is the disposing agent for real property owned and to be transferred or acquired by the City of Richmond, Indiana ( "City ") pursuant to the provisions of Indiana Code (IC) 36 -1 -11, et. Seq. (the "Act "); and WHEREAS, On May 3, 2005, the City of Richmond, Indiana, acquired the real estate described in Exhibit A by virtue of a Sheriff's Deed dated April 14, 2005 and recorded on May 3, 2005, as Instrument Number 2005004582 in the offices of the Recorder of Wayne County, Indiana, consisting of approximately 91.788 acres, more or less; and WHEREAS, The City of Richmond, Indiana entered into a Purchase Agreement with Ground Level Properties, LLC, on November 30, 2005, to purchase from the City of Richmond, Indiana, the real estate located at 1100 Industries Road, Richmond, Indiana and legally described in Exhibit A, for the sum of One Million Five Hundred Thousand and Ten Dollars ($1,500,010.00); and WHEREAS, Ground Level Properties, LLC has, pursuant to the November 30, 2005 Purchase Agreement with the City of Richmond, deposited earnest money in the sum of One Hundred Fifty Thousand Dollars ($150,000.00) with the City of Richmond, Indiana; and WHEREAS, On January 19, 2006, Ground Level Properties, LLC, assigned to Rose City Business Park, L.L.C., its interest in the former Carpenter property located at 1100 Industries Road, Richmond, Indiana; a copy of said assignment is attached hereto and set forth in Exhibit B; and WHEREAS, Said Assignment of Real Estate Sales Agreement from Ground Level Properties, LLC, to Rose City Business Park, L.L.C., is necessary to complete the sale of the former Carpenter property located at 1100 Industries Road, Richmond, Indiana, and said assignment does not in any way prejudice or affects the rights of City; and WHEREAS, Rose City Business Park, L.L.C. is duly authorized to take all action pursuant to the November 30, 2005 Purchase Agreement with the City of Richmond, Indiana, and has or will properly and timely execute all documents necessary to purchase the subject real estate set forth in Exhibit A and located at 1100 Industries Road, Richmond, Indiana. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF RICHMOND, INDIANA, that said Board consents to and agrees to the Assignment of Real Estate Sales Agreement from Ground Level Properties, LLC, to Rose City Business Park, L.L.C. NOW FURTHER BE IT RESOLVED BY the Board of Public Works and Safety of Richmond, Indiana, that the Board President, John P. Kenny, for and on behalf of the City of Richmond, Indiana, acting through its Board of Public Works and Safety of Richmond, Indiana, be authorized to sign the Assignment of Real Estate Sales Agreement from Ground Level Properties, LLC, to Rose City Business Park, L.L.C., and to sign any and all other documents necessary or required to effectuate the Assignment of Real Estate Sales Agreement from Ground Level Properties, LLC, to Rose City Business Park, L.L.C. THIS RESOLUTION IS ADOPTED THIS 19TH DAY OF JANUARY, 2006. City of Richmond Board of Public Works and Safety S/S John P. Kenny John P. Kenny, Chairman S/S Dian Lawson Dian Lawson S/S Mary Jo Flood Mary Jo Flood