R-828 - 01/28/2003 - TAX - Resolutions Supporting DocumentsK� VILLAGE OF OAK BROOK
Village Board Transmittal Memorandum
COON s� ,
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DATE: January 23, 2003
SUBJECT: Sale of Surplus Public Real Estate
Lots 1, 2 and 3 of the Sport Core /Westchester Park Subdivision
FROM: , Richard A. Martens, Village Attorney
RECOMMENDATION: That the Board review the attached resolution authorizing the sale of
surplus real estate (Lots 1, 2 and 3 of the Sports Core /Westchester Park Subdivision) and 4f agreeable,
pass this resolution
I have drafted the attached resolution which declares Lots 1, 2 and 3 of the Sports Core/ Westchester
Park Subdivision as surplus public real estate and authorizes the staff to sell these lots.
The procedure for the sale of these lots is set forth in Section 4 of the resolution. In summary, the
proposed process works as follows:
♦ The Village offers to sell these lots at not less than the appraised value.
♦ On a date certain, (Wednesday, March 12, 2003, is the suggested date) interested parties submit
sealed offers to enter into a real estate sale contract with the Village at a proposed purchase price.
♦ The Village will consider entering into a sale contract on each individual lot beginning with the
offeree highest proposed purchase price.
♦ No financing contingencies are allowed.
♦ An offeree submitting the highest proposed purchase price is required to enter into a real estate sale
contract and furnish $50,000 in earnest money within five business days of the opening of the
sealed offers.
♦ The Village Board reviews the real estate sale contract signed by the offeree. The Village Board
may accept or reject the offer, giving its reasons why the offer is or is not in the best interest of the
Village.
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♦ If the 'offer is accepted by the Village Board, the transaction must be closed within fifteen business
days of the date that the offeree is notified that the Board has accepted the offer.
♦ If the Board passes the attached resolution, the Village would make available soon thereafter a
package for interested parties. This package would include a copy of a proposed real estate sale
contract, a title commitment, and a survey. Interested parties would be able to conduct soil tests on
the property subject to prior notification and approval by the Village Engineer. Questions about the
sale of this property would be directed to Margaret Rimbo at the Village Hall.
One open policy question is whether the Village will pay a commission to cooperating brokers (i.e., a
broker who advises an offeree of the availability of the lots). Typically, such a commission would be
2.5 %, payable by the Seller. If such a commission was allowed, the local realtors would likely actively
market the lots.
A copy of the draft real estate sale contract is attached for your review.
Attachment
cc: Michael A. Crotty
Dale L. Durfey, Jr.
Bob Kallien
Darrell Langlois
Bruce Kapff
Bonnie S artore
8. B 1) Motion by Trustee Craig, seconded by Trustee Aktipis, that the Village
Board approve Ordinance 2003 -BU -S -1032, "An Ordinance Authorizing
a Loan to the Sports Core Fund." ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Caleel, Craig, Miologos and Savino.
Nays: 1 - Trustee Konn.
Absent- 0 - None. Motion carried.
Motion by Trustee Savino, seconded by Trustee Aktipis, that the Board
use the proceeds from the Westchester Park sale to reimburse the Golf
Surcharge Fund $80,000 00 after the General Fund has been reimbursed. 1
1
Trustee Miologos amended the motion to include that the Board use the
proceeds from the Westchester Park sale to reimburse the Golf Surcharge
Fund of $80,000.00.
Both concurred with the amended motion. VOICE VOTE: Motion
carried.
2) RESOLUTION 2003 -TX- PRPTY -EXP -R -828, "A RESOLUTION 03-T`C-PRPTY-ExP-
R- 828 -SALE OF
AUTHORIZING THE SALE OF SURPLUS PUBLIC REAL ESTATE, SURF PURL RL
(LOTS 1, 2 AND 3 OF THE SPORTS CORE/WESTCHESTER PARK' EST - SPRTS
COR/WESCHSTR
SUBDIVISION)" Px SuBDiv
Resolution 2003 -TX- PRPTY -EXP -R -828, declares Lots 1, 2 and 3 of the
Sports Core /Westchester Park Subdivision as surplus public real estate
and authorizes the staff to sell these lots.
Village Attorney Martens indicated in Section 5 that the Resolution has
been amended to include "that the Illinois Municipal Code provides that
the corporate authorities may accept any contract proposal for purchase
of one or more of the lots as determined by them to be in the best interest
of the municipality by a vote of two- thirds of the corporate authorities,
then holding office, but in no event at a price less than 80% of the
appraised value."
The procedure for the sale of these lots is set forth in Section 4 of the,
resolution. The proposed process is as follows:
• The Village offers to sell these lots at not less than the appraised`
value
• On a date certain, (Wednesday, March 12, 2003, is the suggested
date) interested parties submit sealed offers to enter into a real
estate sale contract with the Village at a proposed purchase price
VILLAGE OF OAK BROOK Minutes Page 12 of 18 January 28, 2003
0
8 B 2)
• The Village will consider entering into a sale contract on each
individual lot beginning with the person or entity highest proposed
purchase price.
• No financing contingencies are allowed.
• A person or entity submitting the highest proposed purchase price is,
required to enter into a real estate sale contract and furnish $50,000'
in earnest money within five business days of the opening of the
sealed offers.
• The Village Board reviews the real estate sale contract signed by
the person or entity. The Village Board may accept or reject the;
offer, giving its reasons why the offer is or is not in the best interest+
of the Village.
• If the offer is accepted by the Village Board, the transaction must
be closed within fifteen business days of the date that the person or
/ entity is notified that the Board has accepted the offer.
• Upon passage of the resolution, the Village would make available
soon thereafter a package for interested parties. This package
would include a copy of a proposed real estate sale contract, a title
commitment, and a survey. Interested parties would be able to
conduct soil tests on the property subject to prior notification and
approval by the Village Engineer. Questions about the sale of this
property would be directed to Margaret Rimbo at the Village Hall
Village Attorney Martens explained that one open policy question is
whether the Village will pay a commission to cooperating brokers (i.e., a
broker who advises a person or entity of the availability of the lots).
Typically, such a commission would be 2 5 %, payable by the Seller. If
such a commission were allowed, the local realtors would likely actively
market the lots.
Trustee Aktipis asked how the winning bid would be determined
Attorney Martens recommended that the resolution be amended to
include a 2.5% participating real estate broker fee. Trustee Caleel
recommended concurrence that the Resolution be amended to contain;
"the Village will pay a 2.5% commission to participating real estate
brokers" prior to the last sentence in the Resolution. The Board
concurred with the recommended change. The Board asked that for sale
signs be located on the property
VILLAGE OF OAK BROOK Minutes Page 13 of 18 January 28, 2003
8 B. 2) Motion By Trustee Caleel, seconded by Trustee Aktipis, to approve
s' Resolution 2003 -TX- PRPTY -EXP -R -828, "A Resolution Authorizing
The Sale Of Surplus Public Real Estate (Lots 1, 2 And 3 Of The Sports
Core /Westchester Park Subdivision) as amended ". ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korm, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
3) RESOLUTION 2003- BD -CL- MIN -EXI -R -829 "A RESOLUTION 03- BD- CL -MIN-
EX I -R- 829 -RLS
APPROVING THE RELEASE OF CLOSED MEETING MINUTES—, CLSD MTG MIN
JULY, 2002 THROUGH DECEMBER, 2002" 7 -02 THRU 12 -02
Effective January 1, 1982 ILSC 120/2.06 required that all public bodies
shall keep written minutes of all their meetings, whether open or closed:
The public body shall periodically, but no less than semi - annually, meet
to review minutes of all closed sessions that had not been released to the
public The Closed Meeting minutes of July through December, 2002
have been reviewed by Attorney Martens and items still pending and
requiring continued confidentiality have been deleted.
Motion by Trustee Caleel, seconded by Trustee Savino, that the Village
Board approve Resolution 2003- BD -CL- MIN -EXI -R -829, "A
Resolution Approving the Release of Closed Meeting Minutes " ROLL
CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS
AWARD CT
1) FIRE DEPARTMENT REPLACEMENT VEHICLE — STATE OF FD REP LC VEH
ILLINOIS JOINT PURCHASING
Pursuant to the provisions of Section 1 -7 -10 of the Code of Ordinances
and Compiled Statutes, the Village is permitted to join with other
governmental units in order to benefit from cooperative purchasing
arrangements.
Department Head vehicles are normally replaced on an 8 -year cycle.
Mileage and mechanical concerns require a 7 -year replacement This
vehicle is more suitable than a sedan in emergency situations because of
ease of accessibility to the cargo area where several emergency
equipment items are kept Delivery is expected approximately 90 days
after receipt of order. The vehicle being replaced will be sold through the
June, 2003 DuPage Mayors & Managers Conference vehicle auction.
VILLAGE OF OAK BROOK Minutes Page 14 of 18 January 28, 2003