Number
011072
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
Resolution authorizing agreement among City, RACM, and John P. Bowles concerning $25,000 property-tax payment against 821-833 East Locust Street. (City Attorney)
Analysis
Resolution authorizes agreement among City, Redevelopment Authority of the City of Milwaukee ("RACM"), and John P. Bowles ("Bowles") pursuant to which, among other things, Bowles will pay to the City $25,000 against the over $400,000 in delinquent property taxes against 821-833 East Locust Street (the "Parcel") (owned of record by BDG I Limited Partnership) in exchange for City's release of Bowles from in personam liability for those delinquencies.
Body
Whereas, The Parcel: (i) is now owned of record by BDG I Limited Partnership ("BDG"); (ii) is property-tax delinquent for years 1987 through 2000; and (iii) is a brownfield that is probably contaminated by hazardous substances; and
Whereas, Bowles had a 22% interest in the corporation (i.e., Bowles Midwest Corp.) that was the general partner of BDG, and Bowles was also a limited partner and registered agent of BDG; and
Whereas, Bowles (or entities in which he owns interests) wishes to acquire certain properties from RACM and the City with respect to various development deals in which he is involved; and
Whereas, City Ordinance sec. 304-49-6-b provides, with respect to sales by the City of City-owned parcels, that bids or offers shall not be accepted from those owning real estate in the City where the City has obtained tax certificates; and
Whereas, RACM has a policy, as interpreted by RACM, that RACM will not sell property to people or to entities, or to entities behind which there are people, with property-tax delinquencies; and
Whereas, The City has referred the property-tax delinquencies against the Parcel to the Kohn Law Firm for in personam property-tax collection; and
Whereas, Without admitting any personal liability, Bowles has agreed to pay $25,000 to the City towards the delinquencies against the Parcel pursuant to the terms and conditions in the "Tax-Payment Agreement and In Personam Release, 821-833 East Locust Street and $25,000 Payment" Agreement attached to the file (the "Agreement") among City, RACM and Bowles; and
Whereas, Pursuant to the Agreement, the City would release its in personam rights against Bowles personally, but reserve its other rights with respect to the delinquencies affecting the Parcel, and agree not to point to Bowles' interest in BDG as a reason to object to any sale of City owned lands to Bowles (as more specifically set forth in the Agreement); now therefore, be it
Resolved, That the City hereby approves the Agreement and, so long as RACM also approves it, City directs and authorizes: (i) its execution (or execution of a contract in substantially the form as attached to the file) by the appropriate City employees; and (ii) City action as contemplated and required thereunder.
Requestor
City Treasurer
Drafter
City Attorney
GCH:bal
Doc. No. 47520