HomeMy WebLinkAboutResolutions - 1973.03.14 - 10415Miscellaneous Resolution 6252 March 15, 1973
BY: BUILDINGS & GROUNDS COMMITTEE - Richard R. Wilcox, Chairman
IN RE: SALE OF FORMER COUNTY JAIL
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, pursuant to Miscellaneous Resolution 46206, bids were advertised
for and received for the sale of the former County Jail; and
WHEREAS your Committee recommends that the offer of Al Novik, Theodore
Alejski and Anthony J. Chrzclnowski to purchase the former County Jail at 104 Wayne
Street, situated in the City of Pontiac, Oakland County, Michigan, described as follows:
"Lots number one hundred twenty-one (121) and one hundred twenty-two (122)
and one hundred twenty-three (123) of the Original Plat of the City of Pontiac"
for a cash sum of $22,180.17 be accepted;
NOW THEREFORE BE IT RESOLVED that the offer of Al Novik, Theodore Aleiski,
and Anthony J. Chrzanowski to purchase the former County Jail property as heretofore
described for a cash sum of $22,180.17 be accepted, copy of which is attached hereto.
BE IT FURTHER RESOLVED that the Chairman and Clerk of the Board be and they
are hereby authorized to execute the necessary documents for the sale of said County
property on behalf of the County of Oakland.
The Buildings & Grounds Committee, by Richard R. Wilcox, Chairman, moves the
adoption of the foregoing resolution.
BUILDINGS & GROUNDS COMMITTEE
Richard R. Wilcox, Chairman
AGREEMENT OF SALE—BURTON ABSTRACT AND TITLE COMPANY FORM 1111 (Rev. October 1960)
OFFER TO PURCHASE REAL ESTATE
THE UNDERSIGNED hereby offers and agrees to purchase the following land situated in the
ronteltr
Lvti ronbila. ex
vilt1 pne innac
sitau tootr4;,,tgtttti
County, Michigan, described as follows: 1.21) -And one hundred twenty two (122)
9i Ut inef
A. Delivery of the raual wa.Fs..r.ty Deed convoying a marketable title. Payment of purchase money is to be
made in cash or certified check •
13E5
Cash •
Sale
-
Cash Sale
with New
Mortgage
Sale to
Existing
Mortgage
the Slim of approximately Dollars,
104 Fit r ' ' t or The 01C. r-::4TA71 •t' .,„ • an Street, together with all improvements and appurtenances,
including all lighting fixturea, shades, Venetian blinds, curt sin rods, storm windows and storm doors, screens, awnings, TV
being known as
if any, now on the premise, ftt-r Dollars saymteen r.olts antenna, gas conversion unit and
and to pay therefor the sum
subject to the existing building are
(Fill
:he iil
Ti'rxr ALE TO BE :.."=.;:t.,;,MMATED
following pge.;:or,rraph.T, and strike out the r7 :1
s, eoerucas,„;•:;..ain :; ordinances, if ..any, upon the following conditions; BURTON ABSTRACT AND TITLE COMPANY Sale on
Land
Contract
Sale to
Existing
Land
Contract
–
Evidence
of Title
Time of
losing
rurchager's
Default
Seller's
Default
Title
Objections
B. Delivery of the tratal Warranty Deed conveying a marketable title. Payment of purchase money is to be
made in cash or .orV.'ified check. Purchaser agrees Co.:a will immediately apply for a VOUS
mortgage in the amount of $ __, and pay $
down plus mortgage costs, prepaid items and adjustments in cash, Purchaser agrees to execute the mortgage
as soon as the mortgage application is approved, a dosing date obtained from the lending institution, and, if
applicable, final inspection of the property approved by the Veterans Administration or F.H.A.
C. Delivery of the usual Warranty Deed conveying a marketable title, subject to mortgage to be deducted
from the purchase price. Payment of the purchase money is to be made in cash or certified check less the amount
owing upon an existing mortgage now on t4e vlstnises, with accrued interest to date of consummation, held by
4414 upon which there is unpaid
With interest at per cent, which mortgage requires payments of _Dollars
on the day of each and every month, which payments DO, DO NOT include prepaid taxes
and insurance, If the Seller has any accumulated funds held in escrow for the payment for any prepaid items,
the Purchaser agrees to reimburse the Seller upon proper assignment of same. The Purchaser agrees to assume
and pay said mortgage according to the terms thereof.
D. Payment of the sum of Dollars
in cash or certified check, and the execution of a Land Contract upon the BURTON ABSTRACT AND TITLE
COMPANY form, acknowledging payment of that sum and calling for the payment of the remainder of the
purchase money within_., from the date of Contract in monthly payments of not less than
Dollars each, which include interest payments at the
rate' of per cent per annum, and which DO, •DO NOT include prepaid. taxes and insurance,
If the Seller's title to said land is evidenced by an exiSting -land contract-with unperformed terms and condi-
tions substantially as above set forth and the cash payment to' be made by the un&rsig -ned on consummation
hereof will pay out the equity. an assignment and conveyance of the iumclee's interest in the land contract, with
an agreement by the undersigned to assume the balance owing thereon, will be accepted in lieu of the contract
proposed in the preceding paragraph. If the Seller has any accumulated funds held in escrow for the payment
of prepaid taxes or inswance, the -Purchaser agrees to reimburse the Seller upon the proper assignment of same.
2. As evidence of title, Seller agrees to furnish Purchaser as soon as possible, a complete Abstract of Title and
Tax History, certified to a date later than the acceptancehereof, and issued by the BURTON ABSTRACT Arm
TITLE COMPANY. In lieu thereof, a Policy of Title Insurance issued by said Company in an amount not less than
the purchase price, bearing date later than the acceptance hereof and guaranteeing the title in the condition
required for performance of this order, will be accepted.
3. If this offer is accepted by the Seller and if #tIe can be conveyed in the condition required hereunder, the
Purchaser agrees to complete the sale within. days after delivery of the abstract or policy of title
insurance; however, if the sale is to be consummated in accordance with paragraph B, then the closing will be
governed by the time there specified for ohtaiMng a mortgage. In the event of default by the Purchaser here-
under, the Seller may, at his option, elect to enforce the terms hereof or declare a forfeiture hereunder and
retain the deposit as liquidated damages,
4. In the event of default by the Seller hereunder, the Purchaser may, at his option, elect to enforce the terms
hereof or demand, and be entitled to, an immediate refund of his entire deposit in •full termination of this
agreement.
5. If objection to the title is made, based upon a written opinion of Purchaser's attorney that the title is not in
the condition required for performance hermit-Trier, the Seller shall have 30 days from the date he is notified in
writing of the particular defects claimed, either (1) to remedy the title, or (2) to obtain title insurance as
required above, or (3) to refund the deposit in full termination of this agreement if unable to remedy the title
or obtain title insurance. If the Seller remedies the title or shall obtain such title policy within the time specified,
the Pu..1-chaser agrees to complete the sale within 10 days of written. nctificatio-n thereof. If the Seller is unable
to. remedy the title or obtain title insurance within the time: spaoyiud, the deposit shall be refunded forthwith
in full termination of this agreement.. 9981 BIONIS A1S11011NIINO0 ONIM:13S Possesskrt 5. The Seller shall deliver and the Purchaser shall accept possession of said property, subject to rights of the
following tenants: .
tweeltexe
If the Seller occupie -, the property, it shall be vacated on or befeae
From the date of cloning to the date of varatin.g property as agreed, SELLER SHALL PAY the sum of
per day, THE B.R.C..:,15.ER SHALL RETAIN from the amount due Seller at closing the sum of $_.
as security for charge, paying to the Purchaser the amount due him and returning to the Seller
the unused portion ES determined by date property is vacated and keys surrendered to Broker,
Phone BY--
Address
Phone_ Dated
7. Ail taxes to ,hirit have hecome a lien upon the land at the date of this agreement shall be
and paid the rent te.sest, if. any shall be prorated; and adjusted as of the date of closing in accordance
Prorated "'Mt. With " • • ' • (Insert one "Fiscal Year" '''Du& Date." if left blank, Fiscal Year applies) basis Items of the .loring. unit in which the property is located. Interest, rents and water bills shall be
prorated and edjusted ee of the date of closing.
S. In consideration of the Broker's effort to obtain the ;Seller's approval, it is understood that this offer is
irrevocable for flare (5) days from the date hereof, and if not accepted by the Seller within that time, the
deposit be returned forthwith to the Purchaser. If the offer is accepted by the Seller, the Purchaser agrees
to ron•:.nlaie the purchase of said property within the time intikated in Parataraulka. -•
Bro.ker's 9, ',77.• t3roker is hereby authorized to make this offer and the deposit of •- __Dollars rket,;Fte.r- shall l.e. held by him under Act No. 112, PA, of 1969 Sect. 13, (j) and applied on the purchase price if the
izatiori sale is cetr -el-rooted,
.1)4# 00t 10. APPLICABLE TO F.LI.A. SALES ONLY: 4I. •
It is arpressly agraed that, notwitlistatiding arty other provisions Of this contract, the Purchaser shall not be obligated
to complete the pattbeze of the property described herein or to incur any penalty by forfeiture of earnest money deposits
or otherwise unless the Seller has delivered to the Purchaser a written statement issued b y the Federal Housing Commissioner
setting forth the appraised value of the property for mortgage insurance purposes of not less than $
which statement the Seller hereby agrees to deliver to the Purchaser promptly after such appraised value statement is made
a.vailohle to the Seller, The Purchaser shall, however, have the privilege and option of proceeding with the consummation of
this contract without regard to the concoct of the appraised valuation made by the Federal Housing Commissioner.
It is further understood bet-esn Purchaser and Seller that the additional personal property listed herein has a value
of $
II The covenants herein bled and inure to the benefit of the executors, administrators, successors and assigns of the
respective parties.
By the execution of this instrument the 1.'1.11.'6p:we acknowledges THAT HE HAS EXAMINED THE ABOVE described
promises and is satisfied with the physical condition of structures thereOn and acknowledges the receipt of a copy of this offer.
The closing of this Sai$ sJtall. take place at the office of
. • — _. However, if a new mortgage is being applied
for, Purchasers pill 'woe-t- said roort.,:;.q,:_'_ at the bank or mortgage campany from which the mortgage is being obtained.
nOler0 te peovta putohoeere complete Additional conditions if any' _• 40
Or PrOPOrikrot " •
Dated
BROKER'S ACKNOWL7DGMENT OF DEPOSIT
Received from the above named Purchaser the deposit money 1:trive mentioned, which will be applied as indicated
in Paragraphs 8 and 9 above, or will be returned forthwith after tender if the foregoing offer and deposit is declined.
Pirot e061 betwOn ovrinapolotllo Mellor intendtifor create& – Address_
Broker
with
This is a co-operative sale on with
ACCEPTANCE OF OFFER
TO 7'HE ABOVE NAMED PURCHASER AND BROKER:
The foregoing offer is accepted in accordance, with the terms stati ,d, and upon consummation Seller herelyrigrees to pay
the Broker for services rendered a commission of ___ Dollars) per cent
of the sale price), which abed/ be due and payable at the time set-in said offer for the consummation of the sale, or if
unconsummated, at the time of Seller's election to refund the deposit) or of Seller's or Purchaser's failure, inability or refusal
to perform the conditions of this offer; provided, however, that if the deposit is forfeited under the terms of said offer, the
Seller agrees that one-half of such deposit (but not in excess of the amount of the full commission) shall be paid to or
retained by the Broker in full payment for services rendered.
By the execution of this instrument, the Seller acknowledges the! receipt of a copy of this agreement.
IN PRESENCP, OF:
C6untr of r*Ilstm4, A Miellgran
nt4titutionsi Corporatiou
By:
eller
PURCHASER'S RECEIPT OF ACCEPTED OFFER
The 'YYlt!;:-.51,:ng -1 Purchaser hereby acknowledges the receipt of the Seller's signed acceptance of the foregoing Offer to
Pun-ha
L.S
Purchaser
Furnished by
BURTON ABSTRACT AND TITLE COMPANY
Res. # 6252
Moved by Wilcox supported by Button the resolution be adopted.
AYES: Richardson, Vogt, Wilcox, Berman, Brotherton, Burley, Button, Coy.,
Douglas, Dunleavy, Gabler, Hobart, Hoot, Houghten, Kasper, Lennon, Mathews,
Montante, Nowak, Olson, Patnales, Perinoff, Pernick, Quinn. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Mien, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Resolution # 6252 adopted by the Oakland County Board of Commissioners
soa•0.6-n v.-ea. Q. I I.* • be e•••••••••••n••O0 elyeessm0001.0....00•0000.0. ....... 0•17-00. 00
at their meeting held on March 15, 1973 ....... ............................................. 0.0.0treee.•0•••a•-••••0ea
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
this 16th day of March 19!?.
Lynn D. Allen Clerk
By Deputy Clerk