HomeMy WebLinkAboutResolutions - 2010.01.20 - 10088PLANNING ANIp-BIJILI3ING COMMITTEE
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MISCELLANEOUS RESOLUTION -/0318 December 9, 2009
BY: PLANNING AND BUILDING COMMITTEE, JOHN SCOTT, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES
MANAGEMENT — APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT PARCEL
NO, 06-34-327-001, VACANT MUNGER ROAD FOR EXPANSION OF HIGHLAND OAKS
COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, pursaant to the authorization of the Oakland County Planning and Building
Committee, the Oakland County Parks and Recreation Commission and 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 the Highland
Equestrian Conservancy, for the purchase of approximately 4.0-acres of vacant land located on
the south side of Munger Road adjacent to the north property line of Highland Oaks County
Park; and
WHEREAS, pursuant to the terms and conditions of said Purchase Agreement the
County of Oakland shall pay the Highland Equestrian Conservancy the sum of $10,000 via a
cash sale for the purchase of said property conditioned upon the County performing its required
due diligence investigation of the subject property; and
WHEREAS. sufficient funding for said purchase is available in the Oakland County
Parks and Recreation Land Acquisition Fund: 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 tne terms and conditions of the attached
Purchase Agreement between the County of Oakland, as purchaser, and the Highland
Equestrian Conservancy, seller, v1a a cash sale purchase.
BE FT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby
directs its Chairperson or his designee to execute the attached Purchase Agreement and all other
related documents, which may be required to complete the purchase of said property.
Chairperson. on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unarlimousy on a roil call vote.
Approval and Acceptance of Purchase Agreement
Highland Equestrian Conservancy Property
Parcel Nos. 06-34-327-001
Highland Oaks County Park
On September 24, 2009 pursuant to the rules and procedures of the Oakland County Board of Commissioners
the Oakland County Board of Commissioners Planning and Building Committee authorized staff to begin
negotiations for the purchase of approximately 4.0-acres of vacant land located on the south side of Munger
Road in Rose Township adjacent to the north property line of Highland Oaks County Park for park
expansion.
The Departments of Parks and Recreation and Facilities Management with the assistance of County
Corporation Counsel have negotiated the terms and conditions of the attached purchase agreement to acquire
parcel no. 06-34-327-001.
Property Description: 4.0-ac. Partially open and somewhat rolling topography.
Buildings: None.
Zoning: AG, Agricultural, 10-ac. minimum site.
Appraised value: $16,000 to $20,000,
Purchase Price: $10,000. Cash sale. Earnest money Deposit: None.
Estimated Oakland County acquisition expenses:
Purchase Price: $10,000
Phase I Environmental Assessment: 1,500
Phase II Environmental Assessment: 3,000 (if necessary)
Title Insurance & Closing 250
Alta Survey 600 (included with other parcels)
Recording/transfer tax, etc. 415
Estimated Total Cost: $15,765
Funding: Oakland County Parks and Recreation Commission Land Acquisition Fund, No County general
fund dollars.
The purchase is conditioned upon performance of required due diligence including receipt of a negative
Environmental Assessment report and subject to final approval by the Oakland County Board of
Commissioners,
Seller/owner of record: Highland Equestrian Conservancy, Highland, Michigan.
It is the recommendation of the Oakland County Parks and Recreation Commission and the Department of
Facilities Management that the Oakland County Board of Commissioners accepts and approves the attached
purchase agreement.
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PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter "Agreement") made and entered into this
day of , 2009, by and between the Highland Equestrian
Conservancy 2944 Wardlow Road, Highland, Michigan 48357 (hereinafter "Seller") and the
COUNTY OF OAKLAND, a Constitutional and Municipal Corporation, 1200 N. Telegraph
Road, Pontiac, Michigan 48341 (hereinafter "Purchaser"), for the purchase of the vacant land
specifically described in Exhibit A (Premises") including all rights, title, interests, and mineral
rights or mineral royalty interest in the Premises, which is located in the Township of Rose,
County of Oakland with a Parcel Identification Number of R-06-34-327-001.
1. PURCHASE PRICE/CONSIDERATION,
1.1 Subject to the adjustments and prorations provided for in this Agreement, the
purchase price of the Premises shall be Ten Thousand Dollars ($10,000.00) payable
as set forth in this Agreement.
1.2 Earnest Money Deposit. There is no earnest money deposit contained in this
Agreement.
1.3 Payment of Purchase Price. This is a cash sale. At the time of closing, the purchase
price plus the costs set forth in this Agreement 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.
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 iaf
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.
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, 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.
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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.
2.3 Because the Premises purchased by this Agreement were acquired by the Highland
Equestrian Conservancy with grant funds from the Equestrian Land Conservation
Resource and Breyer Horses, the use of the Premises shall be restricted to public
outdoor recreation use, including but not limited to equine and equestrian use
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: ( I ) the Seller is not on notice,
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 of the Purchasers
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 Agreement,
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5. DUE DILIGENCE INVESTIGATIONS.
5.1 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.
5.3 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.
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 II"). 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 II.
5.3.3 If the Phase 11 discloses that the Premises is 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 MDEO and
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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 it, 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 the due diligence property
investigations. 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.
5.7 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 I he 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 or royalties, if
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any, (pursuant to Michigan law) in the condition required by this Agreement and a
Non-Foreign Persons Affidavit. The Seller at least five (5) days prior to closing shall
submit these documents to the Purchaser for review and approval,
6.5 The Seller will pay any costs or fees required to remove or satisfy outstanding
mortgages or other liens on the Premises.
6.6 The Purchaser will pay for the recording of the Warranty Deed, any notary fees, and
the property transfer tax (revenue stamps).
6.7 At closing, the Purchaser shall pay the Seller Four Hundred and Fourteen Dollars and
Forty-Eight Cents ($414.48) for costs and fees which Seller paid for its purchase of
the Premises.
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 closing is complete.
8. RIGHT OF ENTRY ilk...ND 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
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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 9.1 or 9.2, but not both
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 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: (1) 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 in accordance
with its conditions, without breaching or defaulting on any obligation or commitment
that the Seller has to any third parties and will provide the Purchaser with any
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necessary resolutions, waivers and consents or other documents that verify the Seller
has the requisite authority, which documents can be attached hereto as Exhibit B.
12.2 The Seller is the fee simple owner of the Premises and will discharge any liens prior
to closing.
12.3 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.
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 PI_TRCIIASER. The Purchaser warrants the following to the Seller:
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13.1 The Purchaser is a Michigan Constitutional and Municipal Corporation.
13.2 The Purchaser has full authority and funding to enter into and perform this
Agreement in accordance with its conditions and will provide the Seller with
the pertinent resolution which will be attached as Exhibit C.
14. SURVIVAL OF THE WARRANTIES. The warranties of the Parties contained in this
Agreement shall survive for two (2) years after closing.
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 be ret -umed 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: Highland Equestrian Conservancy
2944 Wardlow Road
Highland, Michigan 48357
Purchaser: Property Management Specialist
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County of Oakland Department of Facilities Management
I 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,
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.
22. 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.
24. GOVERNING LAWS/CONSENT TO JURISDICTION AND VENT JE. 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
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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 or Michigan,
Southern Division, as dictated by the applicable jurisdiction of the court. Except as
otherwise required by law or court rule, 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.
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 Parry.
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: , 2009.
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Seller's Acceptance
WITNESSED BY: SELLER(S):
The foregoing instrument was acknowledged before me in Oakland County, Michigan on this
day of , 2009 by
, Notary Public
Oakland County, Michigan acting in
Oakland County, Michigan.
My Commission expires:
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EXHIBIT A
LEGAL DESCRIPTION
T4N,R7E,SEC 34 THAT PART OF E ¼ OF SW Ifi4 LYING E OF PM RR RAW 4 AR.42
Parcel Identification Nurnbcr R-06-34-327-001
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Resolution #09318 December 9, 2009
The Chairperson referred the resolution to the Finance Committee. There were no objections
FISCAL NOTE (MISC. #09318) January 20, 2010
BY: Finance Committee, Torn Middleton. Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES
MANAGEMENT — APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT PARCEL NO. 06-34-327-
001, VACANT MUNGER ROAD FOR EXPANSION OF HIGHLAND 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. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a
purchase agreement between the County of Oakland and the Highland Equestrian Conservancy for the
purchase of property parcel no. 06-34-327-001 at vacant Munger Road, Highland. Michigan.
2. The negotiated price is in the amount of $10,000. The land purchase will expand the current acreage of
Highland Oaks County Park.
3. The purchase agreement was recommended for approval by the Oakland County Parks and Recreation
Commission on November 4, 2009.
4. No Oakland County General Fund/General Purpose funding is required for this acquisition.
5. 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 unanimously on a roll call vote.
I IIEREBY MOE THE FOREGOING RESOLVIION
67;64_
/4e//f2
Resolution 409318 January 20, 2010
Moved by Coleman supported by Potter the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being euoepted),
AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingeil, Gosselin, Greirnel,
Hatchet Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
1=im.
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
January 20, 2010, with the original record thereof now remaining in my office.
In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 20th day of January, 2010.
gat
Ruth Johnson, County Clerk