HomeMy WebLinkAboutResolutions - 2010.02.02 - 10079MISCELLANEOUS RESOLUTION #10013 January 20, 2010
BY! Planning and Building Committee. John Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION - DEPARTMENT OF FACILITIES MANAGEMENT—
APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT FOR THE ACQUISITION OF 186-
ACRES FOR EXPANSION OF INDEPENDENCE OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS. pursuant to Miscellaneous Resolution No. 08009 dated January 17, 2008 the County
of Oakland entered into a Michigan Department of Natural Resources Trust Fund Land Acquisition
Project Agreement to receive a grant to reimburse Oakland County forty-two percent of the acquisition
cost of property known as the Upper Bushman Lake property for expansion of Independence Oaks
County Park; and
WHEREAS. pursuant to tne authorization of the Oakland County Planning and Building Committee
the Oakland County Parks and Recreation Commission arid the Department of Facilities Management with
the assistance of Oakland County Corporation Counsel have negotiated the terms and conditions of the
attached Purchase Agreement with Craig Arnold and Marla Arnold, husband and wife, for the purchase of
approximately 186-acres of land in independence Township known as parcel numbers 08-03-201-006 and
08-03-201-007; and
WHEREAS, said Purcnase Agreement was ecommended for approval by the Oakland County
Parks and Recreation Commission on December 2. 2009; and
WHEREAS. the Oakland County Parks and Recreation Commission has budgeted sufficient funds
from its land acquisition fund to complete the purchase of said property; and
WHEREAS, pursuant to the terms and conditions of said Purchase Agreement and in accordance
with Michigan Natural Resources Trust Fund Agreement No. TF06-199 the County of Oakland shall pay
Craig Arnold and Maria Arnold the sum of $2.836.000 via a cash sale for the purchase of said property
subject to the County performing its required due diligence investigation of the subject property; and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed
and/or prepared all necessary documents related to the attached Purchase Agreement and recommend its
approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms an conditions of the attached Purchase Agreement between the County of
Oakland, as purchaser, and Craig Arnold and Maria Arnold, sellers, for a cash sale purchase.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs
its Chairperson or his designee to execute the attached Purchase Agreement and all other related
documents between the County of Oakland and Craig Arnold and Maria Arnold, which may be required to
complete the purchase& said uroperty.
Chairperson, on behalf of the Planning anct Building Committee. I move the adoption of the
foregoing resolution.
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried on a roll ca.II vote with Gosselin absent.
PURCHASE AGREEMENT
Project Number: TF06-199
THIS PURCHASE AGREEMENT (hereinafter "Agreement") made and entered into this
day of , by and between Craig Arnold and Maria Barrett
Arnold. husband and wife, 10275 Sashabaw Road. Clarkston, MI 48348 (hereinafter "Seller") and
the COUNTY OF OAKLAND, a Michigan Municipal and Constitutional Corporation, 1200 N.
Telegraph Road, Pontiac, Michigan 48341 (hereinafter "Purchaser"), for the purchase of all right(s),
title and interest inclusive of all mineral rights and mineral royalty interest in the real property
located in the Township of Independence, County of Oakland, State of Michigan (hereinafter the
"Premises") and not the four residential dwellings and other structures located on the Premises. The
Parties agree to the following terms and conditions.
This Agreement includes and fully incorporates the following Exhibits:
• Exhibit A: Legal Description of the Premises
• Exhibit B: Description of the residential dwellings, structures and other personal property to
be gifted to the Purchaser by the Seller
• Exhibit C: Legal Description of the land to be gifted to the Purchaser by Craig Arnold
1. PURCHASE PRICE/CONSIDERATION.
Subject to the adjustments and prorations provided for in this Agreement. the
purchase price of the Premises shall be Two Million and Eight Hundred and Thirty-
Six Thousand Dollars and no/cents ($2,836.000.00) payable as follows:
1.2 Earnest Money Deposit. Upon execution of this Agreement by both Parties,
Purchaser will tender to the Seller One Hundred Thousand Dollars ($100.000.00)
which the Seller acknowledges as an earnest money deposit ("deposit") and as good
and sufficient consideration for accepting this Agreement. Said deposit shall be held
by Philip R. Seaver Title Insurance Company, 42651 Woodward Ave.. Bloomfield
Hills, Michigan 48304, (the "Title Company") in an interest hearing account. The
deposit and the interest accrued shall be applied toward the purchase price at the time
of closing or be disbursed to the Seller or the Purchaser in accordance with the terms
of this Agreement.
1.3 Payment of Balance of Purchase Price. This is a cash sale. At the time of closing,
after applying the deposit plus any accrued interest to the purchase price, the balance
of the purchase price minus any costs adjusted at closing will be tendered to the
Seller by the Purchaser or wired by the Purchaser to the Seller's bank (or to title
company), at the Seller's option.
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1.1
1.4 The Seller, under a separate agreement shall be responsible for and pay any broker or
finder fee in connection with this transaction.
1.5 The Oakland County Board of Commissioners shall have sixty (60) days from the
date of Seller's acceptance of this Agreement, to accept this Agreement on behalf of
the Purchaser. If the Oakland County Board of Commissioners does not accept this
Agreement. then it shall be null and void and the deposit and interest shall be
returned to the Purchaser.
1.6 The Seller hereby acknowledges that funds from the Michigan Natural Resources
Trust Fund (MNRTF) will provide partial funding for the purchase of the Premises.
The Parties shall follow all rules and regulations associated with the MNRTF.
2, TITLE CONVEYED.
2.1 Form of Conveyance. At Closing, the Seller shall grant and convey legal title to the
Premises to the Purchaser pursuant to a warranty deed inclusive of all mineral rights
and mineral royalty interest and excluding the four residential dwellings and other
structures located on the Premises. subject only to: (1) the lien of taxes on the
Premises not yet due and payable; and (2) the easements and covenants, conditions
and restrictions of record as shown on the title commitment accepted by the
Purchaser.
2.2 Upon and after execution of this Agreement. the Seller shall not lease. assign_ or
grant a security interest or other lien that would encumber the Premises after closing.
The Seller warrants that any assignment, security interest or other lien that would
encumber the Premises after closing shall be satisfied out of the consideration
transferred at the time of closing.
3. TITLE INSURANCE.
3.1 The Purchaser, at its expense. will procure a commitment for an ALTA owner's form
of title insurance policy, a copy of which will be delivered to the Seller.
3.2 The title insurance policy will be marked up as of closing and be effective and
certified through the date of recording of the title documents, in an amount not less
than the purchase price, certified to a date later than the acceptance hereof, and
guaranteeing fee simple absolute title in an insurable and marketable condition.
3.3 The Seller agrees to execute a standard form Owner's Affidavit at closing to assist in
the Purchaser s efforts to obtain coverage without standard exceptions. In addition to
the representations and warranties contained in said Owner's Affidavit, the Seller
agrees to execute an affidavit indicating the following: (1) the Seller is not on notice.
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whether actual or anticipated notice, of any pending claims against the Seller that
would affect the sale of the Premises. (2) there are no court orders prohibiting the
sale of the Premises.
4. TITLE OBJECTIONS.
4.1. The Purchaser shall have twenty (20) days after receipt of the title insurance policy to
object to the condition of the title, based upon the written opinion attic Purchaser's
attorney that the title is not marketable. Upon written notice to the Seller that, in the
opinion of the Purchaser's attorney, the title is defective, the Seller shall have thirty
(30) days from the date the Seller is notified of the particular defect(s) claimed, to do
either of the following: (1) remedy the defects or (2) obtain at the seller's cost and
expense a substitute commitment for title insurance, insuring in a manner satisfactory
to the Purchaser, the Purchaser's title against the claimed defects. If the Seller fails to
remedy the defects or obtain a substitute commitment for title insurance within said
period, the Purchaser may do any of the following at its sole option: (1) waive the
claimed title defects and close subject to same, (2) defer the closing until such time as
the claimed defect(s) can be remedied, if such defects can be remedied in a
reasonable time. or (3) Terminate this Ageement.
5. DUE DILIGENCE. INVESTIGATIONS.
The Purchaser will have ninety (90) days after approval and acceptance of this offer
by the Oakland County Board of Commissioners (hereinafter "Board"), to conduct
the due diligence property investigations as set forth in this Section.
5.2 Survey. The Purchaser shall, at its expense, obtain an ALTA/ACSM boundary
survey of the Premises, The Purchaser shall have fifteen (15) days from the receipt
of the survey to determine if the survey matches the Premises as described in Exhibit
A. If in the written opinion of the Purchaser's attorney, the survey does not match the
Premises as described in Exhibit A, then upon written notice, the Seller shall have
thirty (30) days from the date the Seller is notified of the particular defect(s), to
remedy the defects. If the Seller fails to or cannot remedy the defects, the Purchaser
may do any of the following, at its sole option: (1) waive the defects and close
subject to same, (2) defer the closing until such time as the defect(s) can be remedied,
or (3) terminate this Agreement.
Phase I Environmental Assessment.
5.3.1 The Purchaser shall at its expense obtain a Phase I Environmental
Assessment ("Phase 1") performed consistent with applicable ASTM
standards. If the Phase 1 discloses no environmental concerns, then the
Parties will proceed to closing pursuant to Section 6.
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5.1
5
5.3.2 If the Phase 1 reveals any contamination that would cause the Premises to be
a Facility under Part 201 of the Michigan Natural Resources Environmental
Protection Act (MCL 324.20101et. seq.) (hereinafter Part 201). then the
Purchaser may do any of the following, at its sole option: (1) terminate this
Agreement and receive back its deposit and any accrued interest or (2)
commission a Phase II Environmental Assessment ("Phase IF). The
Purchaser shall notify the Seller within fifteen (15) days after receipt of the
Phase I if it elects to terminate this Agreement for environmental reasons or
perform a Phase IL
5.3.3 If the Phase II discloses that the Premises are a Facility the Purchaser. at its
option_ may elect to perform a Baseline Environmental Assessment (BEA).
The Purchaser shall have an additional one hundred and eighty (180) days
from the time it elects to perform a BEA to submit the BEA together with a
Due Care Plan to the Michigan Department of Environmental Quality
(hereinafter MDEQ) for a liability determination pursuant to Sections 20126
and 20129a of the Natural Resources and Environmental Protection Act.
5.3.4 If the Purchaser receives an exemption of liability from the MDEQ and
MDEQ accepts the Purchaser's proposed use of the Premises. then the Parties
will proceed to closing in accordance with Section 6.
5.3.5 If the Purchaser does not receive an exemption of liability from the MDEQ.
or if MDEQ requires response activities to be performed. then the Purchaser
may do any of the following, at its sole option: (1) terminate this Agreement
and receive back its deposit and any accrued interest or (2) proceed to closing
pursuant to Section 6.
5.4 The Purchaser may perform any other investigations that the Purchaser, in its sole
discretion, shall deem appropriate.
5.5 Nothing in this Agreement will prohibit the Parties from modifying or extending the
date for closing if such changes are necessary based upon environmental issues
revealed by the due diligence investigations contained in this Section. Such
modification or extension must be agreed to in a written addendum to this Agreement
signed by both Parties.
5.6 If after the completion of the due diligence property investigations or while such
investigations are on-going, the Purchaser, in its sole discretion, gives written notice
to the Seller that it is not satisfied with the condition of the Premises, as evidenced by
the due diligence investigations, then the Purchaser shall be entitled to the return of
its deposit and any accrued interest thereon and may terminate this Agreement.
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5.7 Due Diligence Contingency. This Agreement is contingent upon the due diligence
investigations and requirements set forth in this Section.
6. CLOSING, AND CLOSING DOCUMENTS.
6.1 If this offer is accepted by the Seller and the Oakland County Board of
Commissioners, pursuant to Section 1.5, and if the Seller can convey title and comply
with all of contingencies set forth in this Agreement, then the Purchaser agrees to
complete the sale on or before March 31, 2010.
6.2 The closing shall be held at the offices of a Title Company of the Purchaser's
choosing or any other mutually convenient location agreed upon by the Parties. The
Purchaser or the Title Company, will prepare the necessary documents for signatures,
if the Purchaser so elects.
6.3 The Purchaser, at least five (5) days prior to closing, shall submit to the Seller all
closing documents required by the Purchaser.
6.4 The Seller will sign and deliver, at closing, a statutory form Warranty Deed
conveying fee simple absolute title to the Premises inclusive of all minerals rights
and royalties and excluding the residential dwellings and other structures located on
the Premises in the condition required by this Agreement. At closing, the Seller will
sign and deliver a Non-Foreign Persons Affidavit. At least five (5) days prior to
closing. the Seiler shall submit these documents to the Purchaser for review and
approval.
6.5 At closing, the Seller shall sign and deliver a document gifting and transferring all
interest and title to the four residential dwellings, structures and other personal
property located on the Premises which are specifically described in Exhibit B. At
closing and as a gift to the Purchaser, the Seller, specifically Craig Arnold, shall sign
and deliver a statutory form Warranty Deed conveying fee simple absolute title to
another parcel of land specifically described in Exhibit C. At least five (5) days prior
to closing, the Seller shall submit these documents to the Purchaser for review and
approval.
6.6 The Seller will pay any costs or fees required to remove or satisfy outstanding
mortgages or other liens on the Premises.
6.7 The Purchaser will pay for the recording of the Warranty Deed, any notary fees and
the property transfer tax (revenue stamps),
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Arnold Purchase Agreement Draft 112309
6.8 At the closing, the Seller will sign an Affidavit of No Liens on the Title Company's
standard form, sufficient to permit the Title Company to delete the standard Schedule
B exceptions.
6.9 At the closing, the Seller will sign a Certificate of Accuracy, regarding the
Representations made by the Seller in Section 12.
6.10 The Seller and the Purchaser will sign and/or prepare any other documents necessary
to complete the sale and transfer of the Premises.
6.11 The Seller will provide to the Purchaser an accounting of all rents and fees, if any,
that pertain to the Premises and were paid to the Seller for periods that extend beyond
the date of closing. Those rents that are for periods that extend beyond the date of
closing shall be prorated back to the date of the closing and the Seller shall tender to
the Purchaser a cashiers check in the amount of those prorated rents, as well as for
any other adjustments or charges as reflected by the closing statement.
6,12 Current property taxes shall be prorated on the due date basis of the taxing authority.
on the basis of a three-hundred sixty-five (365) day year; the Seller being responsible
for taxes up to and including the date of closing.
7. POSSESSION.
The Purchaser shall have possession of the Premises on the date the closing is complete.
Subsequent to the closing, the Seller may occupy a residential dwelling of the Premises
commonly known as 10275 Sashabaw Road, Clarkston, Michigan 48348 for six (6) months
from the date the closing is complete. The occupancy by Seller shall be governed by the
terms and conditions contained in a separate Lease executed by the Parties at closing.
8. RIGHT OF ENTRY AND ACCESS.
While this Agreement is in effect, the Purchaser and its employees and agents shall have the
right to enter and access the Premises at reasonable times, with reasonable notice to the
Seller. for the purpose of surveying, testing, environmental impact studies, site planning. and
other such work as the Purchaser deems necessary or desirable to determine the Premises'
suitability for the conduct of the Purchaser's business. However, in the event that this sale
does not take place, then the Purchaser, at its own expense, shall restore the Premises to
substantially the same condition that existed on the date this Agreement was executed, to the
extent such restoration is necessary due to the Purchaser's actions.
9. DEFAULT OF SELLER. In the event the Seller shall default in the performance of its
obligations herein. the Purchaser, in addition to other remedies provided by law, may in its
sole discretion. elect to proceed under either Section 9.1 or 9,2, but not both
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Arnold Purchase Agreement Draft 112309
9.1 The Purchaser may specifically enforce this Agreement and require specific
performance of this Agreement by judicial decree; or
9.2 The Purchaser may demand a refund of the entire deposit plus accrued interest and
terminate this Agreement.
10. DEFAULT OF PURCHASER. In the event the Purchaser shall materially default in the
performance of its obligations herein, the Seller may, in its sole discretion, elect to proceed
under either Section 10.1 or 10.2, but not both
10.1 The Seller may specifically enforce this Agreement and require specific performance
of this Agreement by judicial decree; or
10.2 The Seller may declare that the Purchaser has forfeited all rights hereunder and retain
the deposit and interest as liquidated damages. The retention of the deposit and
interest by the Seller shall cancel this Agreement and be in full and final satisfaction
of any and all claims that the Seller may bring against the Purchaser.
11. RISK OF LOSS.
No risk of loss shall pass to the Purchaser prior to closing. Except as otherwise provided in
this Agreement, the Purchaser acknowledges the following: (I) the Seller has made no
representations or warranties with respect to the Premises; (2) the inspection rights set forth in
this Agreement are sufficient to enable the Purchaser to inspect the Premises to determine if
they are satisfactory to the Purchaser.
12. WARRANTIES BY THE SELLER. The Seller warrants to the Purchaser and shall certify to
the Purchaser upon the execution of this Agreement the following;
12.1 The Seller has full authority to enter into and perform this Agreement, without
breaching or defaulting on any obligation or commitment that the Seller has to any
third parties and shall, upon request, provide the Purchaser with any necessary
resolutions, waivers and consents or other documents that verify the Seller has the
requisite authority.
12.2 The Seller is the fee simple owner of the Premises and will discharge any liens prior
to closing.
To the Seller's knowledge, the legal description set forth in Exhibit A is an accurate
description of the Premises and does not include any adjacent or contiguous land
owned by the Seller or any third party.
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12.3
12.4 To the Seller's knowledge, there are no leases, rights of first refusal. contracts. or
other agreements of any kind with respect to the Premises, which would impair the
Purchaser's right to receive fee title absolute.
12.5 To the Seller's knowledge, there are no lawsuits, actions, or proceedings pending or
threatened by any party, including governmental authorities or agencies, against or
involving the Premises which would affect the Seller's ability to convey the Premises.
12.6 The Seller has no notice or knowledge of any of the following:
12.6.1 any planned or commenced public improvements that might result in special
assessments or otherwise directly and materially affect the Premises;
12.6.2 any government agency or court order requiring corrections of any existing
conditions;
12.6.3 any request by an insurer or a mortgagee of the Premises requiring correction
of any existing conditions.
12.7 The Seller has not used the Premises for the purpose of disposing, refining,
generating. manufacturing, producing, storing, handling, treating, transferring,
processing or transporting Hazardous Materials.
12.8 As used in this Agreement, the term "Hazardous Materials" shall mean any
hazardous or toxic substances, wastes or materials, or flammable explosives.
including, without limitation, those described in the Comprehensive Environmental
Response. Compensation and Liability Act of 1980, as amended, the Hazardous
Materials Transportation Act, as amended, the Resource Conservation and Recovery
Act. Parts 20, 211 and 213 of the Natural Resources Environmental Protection Act,
and all rules, regulations and policies promulgated thereto (collectively. the
"Environmental Laws -).
13. WARRANTIES BY THE PURCHASER. The Purchaser warrants the following to the Seller:
13.1 The Purchaser is a Michigan Municipal and Constitutional Corporation,
13.2 The Purchaser has full authority and funding to enter into and perform this
Agreement and shall, upon request, provide the Seller with the pertinent
resolution.
14. SURVIVAL OF THE WARRANTIES. The warranties of the Parties contained in this
Agreement shall survive for two (2) years after closing.
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15. LIABILITY. The Seller shall be liable for and defend any and all alleged losses, claims,
suits, causes of action, litigation, or other demands for damages of any kind, pertaining to the
Premises prior to closing, except those losses, claims, suits, causes of action, litigation, or
other demands for damages, arising solely out of the acts of the Purchaser or the Purchaser's
agent(s) while performing any surveys or due diligence inspections of the Premises prior to
the closing. The Seller shall be responsible for paying any and all judgments, damages
awarded, costs and expenses (including attorney fees and court costs) and any other liabilities
that result from any such alleged losses, claims, suits. causes of action, litigation, or other
demands for damages of any kind pertaining to the Premises prior to the closing, except as
noted above in this Section.
16. CONDEMNATION/EMINENT DOMAIN. In the event that all or any portion of the
Premises shall be taken by the exercise of eminent domain or condemnation proceedings
prior to closing. the Purchaser may, at its option, terminate this Agreement by giving written
notice to the Seller. If the Purchaser elects to terminate this Agreement as a result of a
condemnation proceeding or exercise of eminent domain, then the deposit paid by the
Purchaser and any accrued interest shall he returned to the Purchaser. In the event of such a
termination, this Agreement shall be null and void and the parties shall have no further rights
or obligations under this Agreement. If the Purchaser does not elect to terminate this
Agreement in the event of the exercise of eminent domain or condemnation, the Purchaser
shall accept title to the Premises without any reduction of the purchase price and the Seller
shall assign to the Purchaser at closing all of Seller' s right, title, and interest in and to any
resulting condemnation award.
17. NOTICE. Any notice, request, demand, consent, approval or other communication given
hereunder shall be in writing and shall be sent by registered or certified mail, return receipt
requested. addressed to the other Party at its address as set forth below:
Seller: Craig Arnold
700 Tower Drive, Suite 220
Troy, Michigan 48098
248-620-1500
Purchaser: Michael Hughson
County of Oakland Department of Facilities Management
1 Public Works Dr.
Waterford, Michigan 48328
248-858-5380
Any Party may change its address for notice by providing notice as required by this Section.
Any notice by either Party shall be sufficient if signed on behalf of said Party by any elected
or appointed official thereof.
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18. TIME OF THE ESSENCE. Time is of the essence for this Agreement.
19. COMPLIANCE WITH LAWS. The Parties shall comply with all federal. state, and local
laws, statutes. ordinances, and regulations, applicable to their activities under this
Agreement.
20. NO IMPLIED WAIVER. Absent a written waiver, no act, failure to act, or delay to act by a
Party to pursue or enforce any right or remedy under this Agreement shall constitute a waiver
of those rights with regard to any existing or subsequent breach of this Agreement. No
waiver of any term, condition, or provision of this Agreement, whether by conduct or
otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of
any term, condition, or provision of this Agreement. No waiver by either Party shall
subsequently affect its right to require strict performance of this Agreement.
21. SEVERABILITY. If a court of competent jurisdiction finds a term. condition, or provision
of this Agreement to be illegal or invalid, then the term, condition, or provision shall be
deemed severed from this Agreement. All other terms, conditions, and provisions of this
Agreement shall remain in full force and effect.
CAPTIONS. The section and subsection numbers, captions. and any index to such sections
and subsections contained in this Agreement are intended for the convenience of the reader
and are not intended to have any substantive meaning and shall not be interpreted to limit or
modify any substantive provisions of this Agreement. Any use of the singular or plural
number, any reference to the male, female, or neuter genders, and any possessive or
nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or
possession as the context requires.
23. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments,
rescissions, waivers, or releases to this Agreement must be in writing and agreed to by both
Parties.
GOVERNING LAWS/CONSENT TO JURISDICTION AND VENUE. This Agreement
shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as
otherwise required by law or court rule, any action brought to enforce, interpret, or decide
any claim arising under or related to this Agreement shall be brought in the Sixth Judicial
Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or
the United States District Court for the Eastern District of Michigan, Southern Division, as
dictated by the applicable jurisdiction of the court. Except as otherwise required by law or
court nile. venue is proper in the courts set forth above. The choice of forum set forth above
shall not be deemed to preclude the enforcement of any judgment obtained in such forum or
taking action under this Agreement to enforce such judgment in any appropriate jurisdiction.
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71
25. ENTIRE AGREEMENT. This document represents the entire agreement and understanding
between the Parties. This Agreement supersedes all other prior oral or written
understandings, communications, agreements or contracts between the Parties. The language
of this Agreement shall be construed as a whole according to its fair meaning and not
construed strictly for or against any Party.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below.
WITNESSED BY: PURCHASER:
County of Oakland a Michigan Municipal
And Constitutional Corporation
Michael D. Hughson By: Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
Date:
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Seller's Acceptance
WITNESSED BY: SELLER(S):
Craig Arnold
Maria Barrett Arnold
The foregoing instrument was acknowledged before me in Oakland County, Michigan on this
day of by Craig Arnold and Maria Barrett Arnold, husband and
wife.
, Notary Public
Oakland County, Michigan acting in
Oakland County, Michigan.
My Commission expires:
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Exhibit A
Legal Descriptions of Upper Bushman Lake Parcels
Part of North 1/2 of Section 3, Town 4 North, Range 9 East, Township of Independence, Oakland
County, Michigan, Being more particularly described as: Beginning at the Northeast corner of said
Section 3; thence S 02°3458" E, 1,602.15 feet along the East line of said Section 3 (Sashabaw Road,
33 half-width): thence N 32°35'18 W. 323.88 feet; thence N 46°19'58" W, 735.04 feet; thence S
18°18'15- W. 221.34 feet; thence S 46°19'58" E. 616.12 feet; thence S32°35'18" E, 646.12 feet to a
point on the East line of Section 3; thence S 02°3458" E, 504.47 feet along said East line (Sashabaw
Road); thence S 87°25'02" W, 33.00 feet to appoint on the West right of way line of Sashabaw Road;
thence the following two courses along said Westerly right of way line: (1) Along a non-tangent curve
to the right, 475.95 feet. said curve having a radius of 377.27 feet, a central angle of 7216'58", and a
long chord bearing S 33°33'31 - W. 445.01 feet, and (2) S 69°42'00" W, 368.80 feet; thence S
20°18'00" E. 33.00 feet to a point on the North line of "Supervisor's Plat No. 11" as recorded in Liber
115, Page 38 and 39, Oakland County Records; thence the following three courses along said North
line of -Supervisor's Plat No. 11"; (1) S 69°42'00 - W. 692.95 feet along the centerline of Sashabaw
Road as Platted in" Supervisor's Plat No. 11", and (2) continuing along said centerline along a tangent
curve to the left. 422.28 feet said curve having a radius of 948.88 feet, a central angle of 25°30'15'
and a long chord bearing S 56°56 .52" W, 418.90 feet to a point on the East-West 'A line as
monumented and Platted in said "Supervisor's Plat No. 11", and (3) S 87°16'14" W, 987.23 feet to the
center of Section 3; thence the following two courses along the East and Northeast line s of
"Equestrian Lake Village'. as recorded in Liber 158, Pages 8 through 13, Oakland County Records: (1)
N 02°3217" W 3.451.83 feet to the North 'A corner of Section 3; thence N 87°47'00" E. 935.50 feet
along said North line (Oak Hill Road, 33' half-width); thence S 47°18'25" E, 543.80 feet; thence S
46°19'58" E. 293.24 feet; thence N 27°03'08" E, 208.72 feet; thence 4619'58" W. 236.26 feet; thence
N 47'18'25" W. 344.87 feet to a point on the North line of said Section 3; thence the following two
courses along said North line (Oak Hill Road): (1) N 87°47'00 - E. 1,324.97 feet to the Southeast
corner of Section 34 of T5N, R9E, and (2) N 87°30'27" E, 98.67 feet to the point of beginning
containing 185.7174 acres. Subject to the rights of the public in Oak Hill and Sashabaw Roads.
Subject to the rights of the public and riparian owners in and existing with respect to Upper Bushman
Lake
10275 Sashabaw Road. Tax Item No. 08-03-201-007. 5511 Oak Hill Road. Tax Item No. 08-03-201-
006.
Descriptions taken from Giffels-Webster Engineers, Inc. Survey dated 1/16/08
Mhl 1/2/09
EXHBIT 5
Description of the Residential Dwellings, Structures and Personal Property to be Gifted from the Sellers to the :
Purchaser within an Effective Date of January 4, 2010
Address of Real Estate Gifted: 15511 Oakhill Road, Clarkston, Oakland County
Single 'family residential with I Bedroom on first level and a large loft bedroom on the second level. Livirg Room, Dining!
Room, Kitchen, Mud Room. First Floor Bathroom. Full Unfinished Basement with Laundry facilities.
Approximate Square Footage 768
Personal Property Gifted
Refrigerator with Freezer
Gas Stove
Microwave Unit
Washer
Dryer ..
Water Softener
Window Air Conditioning Unit i
Wall to Wall Carpeting
Innntral Station Alnrm
Satellite Dish
!Address of Real Estate Gifted: 19965 Sashabaw, Clarkston, Oakland County
Single Family Resioence with 6 Bedrooms, 2 Baths, Country Kitchen, Separate Dining Room Living Room, Computer
Room, and Large Second Story Bonus Room with picture window facing the lake. Custom Wood Deck with Seating -
750scift, Unfinished Basement with large storage areas, First Floor Laundry, two separate structures adjacent to the
Main House to be used for storage.
Approximate Square Footage
Personal Property Gifted
Refrigerator with Freezer
Electric Stove
Washer
Dryer
Carpeting (2009 Installation)
Existing Wall to Wall Carpeting
Water Softener
!Central Station Alarm System
!Gas Fireplace & Mantle
:2 Shower Enclosures
'Laundry Tub
2764
" of 2
Address of Real Estate Gifted: 10275 Sashabaw, Clarkston. Oakiand County
Single Family Residence with 5 Bedrooms (Master Bedroom Vaulted Ceiling with ensulte), with Kohler Whirl Pool Tub, 4.
full baths and 1/2 bath, Powder Room, Large Kitchen-Solarium facing the lake. Separate Dining Room, Living Room.
Family Room With Entertainment Bar and Refrigerator, Cherry Panel Library, Skylight, Partial Finished Basement.
attached Two Gar Garage with In-Law Suite above. detached Three Car Garage : 1500 soft of Redwood Decking facing
the lake, Generator Unit enclosed in Separate Housinl.
Approximate Square Footage 4349
Personal Property Gifted
Refrigerator (Kitchen)
Refrigerator (Family Room)
Jennaire Range
Dishwasher
Garage Dispose
Washer
Dryer
Water Softener
Custom Carpeting
Microwave Unit
Central Station Alarm System (Fire/Smoke/Police witn
motion sensors)
Custom Light Fixtures
Built in Bar and Entertainment Unit
Antique French Commode with wash basin a 1500 sett of Custom Redwood Decking facing the
Lake
Generator Unit enclosed in separate housing
Guest/In-Law Suite with Kitchen .
Stove
Built in Flat Top Burners
Sink
Refrigerator
Customer Cabinetry
Approximate Square Footage 4349
Address of Real Estate Gifted: Guest Cottage on 10275 Sashabaw Property, Oak and County
ILoft Bedroom. 4 Skylights. Open Spiral Metal Staircase, Large Living Room Area built in Cabinets with Refrigerator and
!Sim Microwave. One Bath Room with Shower, Mud Room, separate Propane Gas Heating Plant.
:Approximate Square Footage I 1368
Personal Property Gifted
Refrigerator
Propane Gas Heating Plant
Spiral Metal Staircase
Microwave
Custom Ceiling Fan
Miscellaneous Gifted Property
Tractor with Plow Attachments
Limb Chipper and Scrapper Unit
Riding ....awn Mower (New)
Garage Door Openers Systems (4)
Miscellaneous Lawn Tools & Supplies
Gifted Accessory Buildings
Generator House (550 sqft)
Detached Three Oar Garage (1008 se ft)
2 of 2
Exhibit C
Legal Descriptions of Upper Bushman Lake Parcels
Northwest Triangular Parcel
Owned by Craig Arnold
Part of the Northwest '4 of Section 3, Town 4 North, Range 9 East, Township of Independence.
Oakland County, Michigan, Described as: Beginning at a point S 0232'17" E, 1,368.59 feet from the
North V4 corner of said Section 3; thence continuing S 02°32'17" E, 146.38 feet; thence N 51'4339"
W. 224.61 feet; thence N 87°36'05" E. 170.00 feet to beginning. Containing .2856 acres.
Descriptions taken from Giffels-Webster Engineers, Inc. Survey dated 1/16/08
Mh11/2/09
FISCAL NOTE (MISC. #10013) February 2, 2010
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PARKS AND RECREATION COMMISSION - DEPARTMENT OF FACILITIES MANAGEMENT —
APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT FOR THE ACQUISITION OF 186-ACRES FOR
EXPANSION OF INDEPENDENCE OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board. the Finance Committee has reviewed the above referenced Miscellaneous
Resolution and finds:
1. Pursuant to Miscellaneous Resolution No. 08009 dated January 17 1 2008 the County of Oakland entered
into a Michigan Department of Natural Resources Trust Fund Land Acquisition Project Agreement to
receive a grant to reimburse Oakland County forty-two percent of the State Certified Fair Market Value
which equates to $945 1000.
2. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a
purchase agreement between the County of Oakland and Craig and Maria Arnold for the purchase of
approximately 186-acres known as property parcels no. 08-03-201-007 at 10275 Sashabaw Road and 08-
03-2D1-006 at 5511 Oak Hill Road, Clarkston, Michigan.
3. The negotiated price is in the amount of $2.836,000. The land purchase will expand the current acreage
of Independence Oaks County Park.
4. The purchase agreement was recommended for approval by the Oakland County Parks and Recreation
Commission on December 2, 2009.
5. No Oakland County General Fund/General Purpose funding is required for this acquisition.
6. Sufficient funding is available in the Oakland County Parks and Recreation Commission's Fiscal Year
2010 Capital Improvement Program Budget. No budget amendment is recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried on a roll call vote with Zack voting no and Potter absent.
Resolution #10013 January 20, 2010
The Chairperson referred the resolution to the Finance Committee. There were no objections,
Resolution #10013 February 2, 2010
Moved by Scott supported by Middleton the resolution (with fiscal note attached) be adopted.
Discussion followed.
AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long,
McGillivray, Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Bullard, Burns,
Cabello, Coleman, Coulter. (23)
NAYS: Zack. (1)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
I HEREBY APPROVE THE FOREGON8 RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
February 2, 2010. with tne original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 2nd day of February, 2010.
Ruth Johnson, County Clerk