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HomeMy Public PortalAbout003-2006 - Authorizing sale to Rose City.CarpentBOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA RESOLUTION NO. 3 -2006 A RESOLUTION AUTHORIZING THE SALE OF REAL ESTATE 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 located at 1100 Industries Road, Richmond, Indiana, and 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 23, 2005, to purchase the real estate described in Exhibit A from the City of Richmond, Indiana, said property is located at 1100 Industries Road, Richmond, Indiana, and being 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 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, conveyed to Rose City Business Park, L.L.C., its interest in the former Carpenter property located at 1100 Industries Road, Richmond, Indiana and described in Exhibit A; and WHEREAS, A Warranty Deed, attached as Exhibit `B ", has been prepared conveying to Rose City Business Park, L.L.C., the real estate located at 1100 Industries Road, Richmond, Indiana and described in Exhibit "A "; and WHEREAS, An Environmental Restrictive Covenant has been prepared by the Indiana Department of Environmental Management (IDEM) and will be recorded prior to the execution of the conveyance of the real estate from the City of Richmond, Indiana to Rose City Business Park, L.L.C.; and WHEREAS, Rose City Business Park L.L.C. has complied with, or will comply with, all provisions and requirements of the Purchase Agreement dated November 30, 2005 and is entitled to have the real estate described in Exhibit A transferred to it; and WHEREAS, Rose City Business Park, L.L.C. is duly authorized to take all action 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; and WHEREAS, The closing on the real estate set forth in Exhibit A and located at 1100 Industries Road, Richmond, Indiana, is presently scheduled for Monday, January 23, 2006, at 1:00 p.m., at which time the real estate located at 1100 Industries Road, Richmond, Indiana, will be conveyed to Rose City Business Park, L.L.C., upon compliance with all terms of the Purchase Agreement and upon receipt of the balance of the remaining $1,350,010.00 from Rose City Business Park, L.L.C. for the completion of the Purchase Agreement entered into by Ground Level Properties, LLC, the prior purchaser to Rose City Business Park, L.L.C., and the City of Richmond. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF RICHMOND, INDIANA, that said Board approves, subject to the requirements necessary for the conveyance of said property, with said requirements to be determined and approved by the Law Department of the City of Richmond, to convey the real estate described in attached Exhibit A and located at 1100 Industries Road, Richmond, Indiana, to Rose City Business Park, L.L.C., for the total sum of One Million Five Hundred Thousand Ten Dollars ($1,500,010.00), of which sum One Hundred Fifty Thousand Dollars ($150,000.00) has already been received in the form of a security deposit, upon receipt from Rose City Business Park, L.L.C., of the remaining One Million Three Hundred Fifty Thousand and Ten Dollars ($1,350,010.00). 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 Warranty Deed conveying the real estate set forth in Exhibit "A" to Rose City Business Park, L.L.C., and to sign any and all other documents necessary or required to effectuate the sale and transfer of the real estate located at 1100 Industries Road, Richmond, Indiana, and set forth in Exhibit "A" 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 City Attorney, Walter S. Chidester, or the Assistant City Attorney, Kenyatta P. Cox, and Mayor Sally L. Hutton be authorized to take all other action necessary (including, but not limited to, signing any and all documents) to effectuate the sale, transfer and closing of the real estate located at 1100 Industries Road, Richmond, Indiana and set forth in Exhibit "A" from the City of Richmond, Indiana 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