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HomeMy WebLinkAboutResolutions - 1976.06.17 - 14232Miscellaneous Resolution 7606 June 17, 1976 $45,650.00 43,000.00 47,900.00 March 18, 1976 March 23, 1976 March 17, 1976 BY: PLANNING AND BUILDING COMMITTEE - Patrick K. Daly, Chairman IN RE: GROVELAND OFFICE BUILDING - SALE OF PROPERTY TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS the County of Oakland owns the Groveland Office Building on 2.939 acres of property in the Township of Groveland described as: "Land in the Southwest 1/4 of Section 20 T 5 N, R 8 E, Groveland Township, Oakland County, Michigan, described as: CommenciBg at the SW corner of Section 20, thence along the section line S 87 12' 00" E, 676.80 feet; thence N 44 ° 08' 00" W 48.27 feet to the point of beginning on the NE'ly right-of-way line of US 10 (120 feet wide) and the North right- of-way line of Grange Hall Road (66 feet wide); thence along the NE'lx- right-of-way line of US 10, N 44° 08' 00" W, 660.00 feet; thence N 45 52' 00" E, 200.00 feet; thence S 44 0 08' 00" E, 555.00 feet; thence South 02o 47' 00" W 217.82 feet to the North right-of-way line of Grange Hall Road; thence along said right-of-way line N 87 ° 12' 00" W, 60.00 feet to the point of beginning, containing 2.939 Acres;" and WHEREAS the Township of Groveland is presently leasing said property which the lease expires on June 12, 1980; and WHEREAS the Township of Groveland has expressed an interest in purchasing said property; and WHEREAS the Oakland County Board of Commissioners 1976 Rules X E 2a permits the private sale of County property; and WHEREAS three appraisals have been obtained of said property Oakland County Equalization Division Andrew J. Lindsey, S.R.A. Robert H. Scott, Appraiser and; WHEREAS the Oakland County Board of Commissioners by Resolution 7440 (Feb. 5, 1976) has authorized the offer of sale of said property; and WHEREAS your Planning and Building Committee recommends acceptance of the offer attached hereto to purchase said property under the following terms: 1. Sale Price - $43,000.000 2. 20% Down of $8,600.00 3. Annual Payments of not less than $8,600.00 per year at 8-1/2% interest per annun. 4. Agreement to allow the County to maintain the Sheriff's sub-station for a period of five (5) years at a cost of $1.00 per year to the County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorize the Chairman of the Board of Commissioners to execute the necessary documents to effect the sale of said County property on behalf of the County of Oakland. The Planning and Building Committee, by Patrick K. Daly, Chairman, moves the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Patrick K. Daly, Chairmtn Oakl and Coun EXeCtitiVC: WI Lrf.,N1 SP! N FL LI Dray County Extive DEPARTMENT OF P;:1-,ANNTNG .A .ND HtiLTON Vki.1-1,114DORF Dirortor June 10, 1976 SALE OF GROVELAND OFFICE BUILDING Attached is a copy of an agreement for the sale of the Groveland Office Building and 2.939 acres of property to the Te ,w1i71:iip of Grovelnd. Briefly, the terms of the agreement are: Offer of $43,000 with $8,600 down and an annual pcy=t 01 $8,600 at 8!---A over a 4 year period. 2. Sheriff Departm ent radio tower, furniture, equipment and shall be the property of the County. xtures Leased to Oakland Couty the spaced used by the Sheriff's Department Substation for a. 5 year period at $1.00 per year. Space is the same as presently used which consist of a. locker room, report and radio areas, laboratory facilities and parking. 4. Leased to the Oakland County Parks and Recreation (7.7 -SiOTI the use of the r.;4dio tower in the present manner for as long as the tower is on the premise. S. Township of Groveland agrees to provide heat, electrical, water and sewage facilities as well as custodial services which may be required for the premises. 6. The agreement has been reviewed by Civil Counsel. MWH/db Attachment Oakland County, 1200 North TEltf::grpph Road, Pontiac:, Mt 48053 (313) 858..0142 ABSTRACT & TITLE COMPANY Groveland FC1 tE,7-'47 Doty to Cnni-ey To Es- dons-c Prcftcni S'S Dotier To Pay Taxes and kt,at., Pftunises hinited ATee.77.1!'V Pcysnrre Method fo ,,,e.t.st=o,oxtrG olonthly io3totto,ntr nintlicd Of taxes and insurance is So be adepuid dtc.etvoe of Title and Priirniset WITH AL•77.T.NATIT TAx AND it;si.trA'Icr. PROVISIONS 5,05.5561 3 55 TO ,,31".1 OlOnraft _ado hs 7th day of September , 19 7 6 , COUNTY between OF OAKLAND, a Michigan Constitutional Corporation, hereinafter referred to as the "Seller," whose address is 1 200 North Telegraph Road, Pontiac, Michigan, 48063, and TOWNSHIP OF GROVELAND, a MUnicipal Michigan Corporation, _hereinafter referred to as the "Purchaser," 4695 Grange Hall Road, Holly, Michigan, 48442. Parties whose addross is stfiliee Dnscriprion of Prerni.scs Terms of Pnym^of 1. THE SELLER AS FOLLOWS: Township t.a) To sell end cerivey to the Purchaser land in the Clitt of Oakland County, Michigan, described as• Part of the Southwest 1/4 of Section 20, T5N, R8E, Croveland Township, Oakland County, Michigan, Described as beginning at a point distant South . 87 degrees_12_ minut4is East 676.80 feet and North 44 degrees 08 minutes West 48.27 feet frOlm the Southwest corner of said Section 20; thence North 44 degrees 08 minutes West 660 feet; thence North 45 degrees 52 minutes East 200 feet; thence South 44 degrees 08 minutes East 555 feeti thence Sou 02 degrees 47 minutes West 217.82 feet; thence North 87 degrees 12 , minutes West 60 feet to the point of beginning, containing 2.94 acr4s more or less. together with all tenements, hereditements, improvements and appurtenances, including all lighting fixtures, plumbing fixtures, shades, Venetian blinds, curtain rods, storm windows, storm doors, screens, awnings, if any, and now on the premises, and subject to all applicable building and use restrictions, and easements, if any, affecting the premises. (b) That the consideration for the sale of the above described premises to the Purchaser is: FORTY THREE THOUSAND and '00/100 ($ 43 . 0.) DoLLAks, of which the sum of EIGHT THOUSAND SIX HUNDRED and 00/100 ($ 8,600.00 ) DOLLARS, ha$ heretofm-a been paid to the Seller, the receipt of which is hereby acknowledged, and the balance of. THIRTY FOUR THOUSAND FOUR .BUNDRED and 00 /100 ----($ 34,400.n0 and --6RgUrgl is to be Paid to the Seller, with interest on any part thereof at any time unpaid at the rate of eight ( ,) one—Ira:1-f' 'D per' cent, per annum while the PtircbaNer is not in default, and at the rate of eig htand ... per rent, per_ annum when end as often as the Purchaser is in default. This balance of purchase money and interest shall be paid intIrniMx.installments of nnual EIGHT THOUSAND plus interest , 19 77 ; said payments to be riYaidr first upon interest and the balance on principal; PRoVIDEU, the entire purchase money and interest shall be fully paid within four (4) years from the date hereof, anything herein to the contrary notwithstanding. (c) Upon receiving payment in 'foil of all sums owing herein, less the amount then due on any existing mortgage or mortgages, and the surrender of the duplicate of this contract, to execute and deliver to the Purchaser or the Purchaser's assigns, a good and sufficient Warranty Deed conveying title to said land, subject to aforesaid restrictions and easements and subject to any then existing mortgage OF mortgages, and free from all other encumbrances, except such as may be herein set forth, and e7ciipt such encumbrances as shall have accrued or attached since the date hereof through the acts or omis- sions of persons other than the Seller cir his assigns. (d) To deliver to the Purchaser as evidence of title, at the Seller's option, either a Policy of Title Insurance or Abstract of Title, the effective date of the policy or certification date of Abstract to he approximately the date of this con- tract, and issitend by the BURTON ABSTRACT AND TITLE COMPANY of Detroit. The Seller shall have the right to retain posses- sion of this evidence of title during the life of this contract and upon demand, shall lend it to Purchaser upon the pledg- ing of a teasnnable security. 2, THE PURCHASER AGREES AS FOLLOWS: (a) To purchase said land and pay the Seller the sum aforesaid, with the interest thereon as above provided. (h) To use, maintain and occupy said premises in accordance with any and all restrictions thereon. ) To keep the premises in accordance with all police, sanitary and other regulations imposed by any governmental authority. (d) To pay all texcs and assessments hereafter levied on said premises before any penalty for non-payment attaches thereto, and submit receipts to Seller upon request, as evidence of payment thereof; also at all times to keep the buildings now or hereafter on the premises insured against loss and damage, in manner end to an amount approved by the Seller, and to deliver the policies es issued to the Seller with the premiums fully paid. H the antomit of the estimated monthly cost of Taxes, Assessments and Insurance is inserted in the following Para- graph 2 fe), then the method of the payment of these items as therein indicated shall be adopted. if this amount is not inserted, then Paragraph 2(e) shall be of no effect and the method of payment provided in the preceding Paragraph 2(d) shall be effective. (e) To pay monthly in addition to the monthly payments herein before stipulated, the sum _ __DOLLARS, which is an estimate of the monthly cost of the taxes, assessments and insurance premiums for said premises, which shall be credited by the Seller on the unpaid principal balance due On the contract. If the Purchaser is not in default under the terms of this contract, the Seller shall pay for the Purchaser's account, the taxes, ri11,e55ments and insurance premiums mentioned in Paragraph 2 (d) above when due and before any penalty attaches, and submit receipts therefor to the Purchaser upon demand. The amounts an paid shall be added to the principal balance of this contract. The amount of the estimated monthly payment, under this paragraph, may be adjusted from time to time so that the amount received shall approximate the total sum required annually for taxes, assessments and insurance. This adjustment shall be made on demand of either of the parties and any deficiencies shall be paid by the Purchaser upon the Seller's demand. Commitment a Title InsuranceXPgin &VA. August 26, 1976 at 8:00 A. M. (f) That he has exatnined L3n- ",,t'Ontrxtt RNIX.3167C5frliWell covering the above described premises, and is satisfied with the marketability of the title shown thereby, and has examined the above described premises and is satisfied with the physical condition of any structures thereon. IX HUNDRED and 00/100 --.- 8,600500_)n ...,OLLARS each, or more at Purchaser's option, 515,X* payable on _Mak of each rlfor)616, beginning September 1st iturrio LIII Iperca, the parties hereto have executed this contract in duplicate the day and year first above COUNTY OF OAKLAND, a Michigan Constitutional Corporatie, TOWNSHIP OF GROVELAND, a Michiga Municipal Corporation, 7- By: ALEXANDER C.-PERINOFF Chairman of its Board o --Commissioners AllbREW/YENCHAR, S upervisor written. Signed •1p the presence of: / sinfrnanco of Premises fiferra'age by Sener Enonnen-anco5 on So/lees Tile Non-payment of Taxes or imerrtnce Assignment by 27nrctiosor Petses.tiOn ??.ight to Forfeit Acceleration Clause Notice to Pmcbsser Add4tim -mi ClaraNt8. (g) the premises and the buildings thereon in as good condition as they are at the date hereof and not to eseesei ,: rF.77'11r,2 E7T '1`:n'IcliSh any improvements thereon, or otherwise diminish the velue of the Seller's security, without tae written consent of the Seller. 3, THE SELLER AND PU2?CHASE.,1.? MUTUALLY AGREE AS FOLLOWS: (a) That the Seiler may, at any time during the continuance of this contract encumber said land by mortgage or mort- gages to secure not mere. thee the unpaid balance of this contrect at the time such mortgage or mortgages are executed. Such mortgarse or mortgages shall be payeble in not less than three (3) years from date of execution thereof and shall pro- vide for payment of principal end interest in monthly installments which do not exceed such installment's provided for in this contuses; or on such other terms es .xnay be agreed upon by the Seller and Purchaser, and shall be a first lien ispon the land superior to the rights of the Purchaser herein; provided notiee of the execution of said mortgage or mortgages containing, the name and address of the mortgagee or his agent, the amount of such mortgage or mortgages, the rate of interest and moterity of the principal and interest shall be sees to the Purchaser by registered mail promptly after execution thereof. Pureheser will, on demand, execute any instruments demanded by the Seller, necessary or requisite to subordinete the rights of the Purchaser hereunder to the lien of any such mortgage or mortgages. In event said Purchaser shall refuse to execate any instrements demanded by said Seller and shall refuse to accept such registered mail hereinbefore provided, or said registered mail shell be returned unclaimed, then the Seller may post such notice in two conspicuous places on said premises, and anon making affidavit duly sworn to of such posting, this proceeding shall operate the same as if said Purchaser had coeseeted to the ersecution of said mortgage or mortgages, and Purchaser's rights shall be subordinate to said mortgage or mortgages as hereinbefore provided. The consent obtained, or subordination as otherwise herein provided, under or by virtue of the foregoing power, shall estend to any and all renewals or extensions or amendments of said mortgage or mortgages, after Seller has given notice to the Purchaser as above provided for giving notice of the execution of said mortgage or mortgages. (b) That if the Seller's interest be that of land contract, or now or hereafter be encumbered by mortgage, the Seller shall meet the payments uf prineipal and interest thereon as they mature and produce evidence thereof to the Purchaser on demand, end in default of the Seller said Purchaser may pay the same. Such payments by Purchaser shall be credited on the sums metered or first maturing hereon, with interest at seven per cent, per annum on payments so Made. If proceedings are commenced to recover possession or to enforce the payment of such contract or mortgege because of the Seller's default, the Purchaser may at any time thereafter, while such proceedings are pending, encumber said land by mortgage, securing such sum as can be obtained, upon such terms as may be required, and with the proceeds pay and discharge such mortgage, or purchase mores' lien. Any mortgage so given shall be a first lien upon the land superior to the rights of the Seller therein, and thereafter the P ,,37 snail pay the principal and interest on such mortgage so given as they mature, which payments shall be seeditsd on the sums nattered or first maturing hereon. When the sum owing hereon is reduced to the amount owing upon such contract or mortgage or owing on any mortgage executed under either of the powers in this contract con- tained, a conveyance shall be made in the form above provided containing a covenant by the grantee to assume and agree to pay the same. (c) That if default is made by the Purchaser in the payment of any taxes, assessments or insurance premiums, or in the payment of the some provided for in Paragraph 2 (e), or in the delivery of any policy as hereinbefore provided, the Seller may pay such taxes of premiums or procure such insurance and pay the premium or premiums thereon, and any sum or sums so paid shall be a further lien on the land and premises, payable by the Purchaser to the Seller forthwith with interest at the rate applicable during Purchaser's default as set forth in Paragraph 1 (b) hereof. (cf) No assignment or convc3-arit'e by the Purchaser shall create any liability whatsoever against the Seller until a dup- licate thereof. duly witnessed and acknowledged, together with the residence address of such assignee, shall be delivered to the Seller. Purchaser's liability hereunder shall not be released or effected in any way by delivery of such assignment, or by Seller's endorsement of receipt and/or acceptance thereon. (e) The Purchaser shall have the right to possession of the premises from and after the date hereof, unless otherwise herein provided ; and be entitled to retain possession thereof only so long as there is no default on his part in carrying out the terms and conditions hereof. In the event the premises hereinaleove described are vacant or unimproved, the Purchaser shall be deemed to be in constructive possession only, which possessory right shall cease and terminate after service of a notice of forfeiture of this contract. Erection of signs by Purchaser on vacant or unimproved property shall not constitute actual possessien by him. (1) II the PuerhaSer shall fail to perform this contract or any part thereof, the Seller immediately after such default shall have the right to declare the same forfeited and void, and retain whatever may have been paid hereon, and all improve- ments that may have been roads upon the premises, together with additions and accretions thereto, and consider and treat the Purchaser as his tenant holding over without permission and may take immediate possession of the premises, and the Purchaser anti each and every other occupant remove and put out. In all cases where a notice of forfeiture is relied upon by the Seller to terminate rights hereunder, service of such notice shall be preceded by a notice of intent to forfeit the contract- served at /east ten days prior thereto. (g) If default is made by the Pertheser and such default continues for a period of forty-five days or more, and the Seller desires to foreclose this contract in equity, then the Seller shall have at his option the right to declare the entire unpaid balance hereunder to be due and payable forthwith, notwithstanding anything herein contained to the 'contrary. (h) The wife of the Seller, for a valuable consideration, joins herein and agrees to join in the execution of the deed to be made in fulfillment hereof, (1) Time shall be deemed to be of the essence of this contract, (j) The individual parties hereto represent themselves to be of full age, and the corporate parties hereto represent themselves to be valid existing corporations with their charters in full force and effect. (k) Any declarations, notices or papers necessary or proper to terminate, accelerate or enforce this contract shall be presumed ramehteivoly to have been served upon the Purchaser if such instrument is enclosed in an envelope with postage fully prepaid, if said envelope is addressed to the Purchaser at the address set forth in the heading of this contract or at the latest other address which may have been specified by the Purchaser and receipted for in writing by the Seller, and if said envelope is deposited in a United States Post Office Box. (A) Subject to existing leases. (1) The pronouns and relative words herein used are written in the masculine end singular only. If more than one join in the execution hereof as Seller or Purchaser, or either be of the feminine sex or a corporation, such words shall be read as if written in plural, feminine or neuter, respectively. The covenants herein shall bind the heirs, devisees, legatees, assigns and successors of the respective parties. Th=o thi$ .Aofroorrirdg- orent Form for Cran7r.e4on,r STATE OF 1,11C.J.4mAi Courqn or On this__ before we; the 9, Seventy Six in the year One Thousand Nine Hundred NI:trq'y PUIDM7 WMCILI for said County, personally appeared ALEXANDER C. PERINOFF - _ day of Business address: 1200 N, Telegraph Road, Pontiac, MT 48053 and _ Chairman , to me personally known, who being by me duly sworn did say that)&116P6L- 71, of the Oakland County Board Commissioners , and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument wassicr - red and sealed in behalf of said corporation, by authority of its board of MitirlbtK and Alexander C Perinoff 4;N Commis s ions acknowledged raid instertment to be the free act and deed of said corporatiorl, by resolutipattached, , MyCMM-113.-Serl MTire. Notary Public, 'Oakland County, Michigan Use this Ark-now:roc/II- merit Form for Corporatioter STATE OF M1CIUGAT-1 Courrri Orr OAK LAND On this day of Seventy Six in the year One Thousand Nine Hundred ______ bef-4o; me, th..;? a Nnt ary for said County, personally appeared •ndrei:7 Yenchar . _ , to me personally known, who being by me duly Sworn did say that) the Supervisor and of the Township of .--- _________ Croveland , end that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation, by authority of Esxbyp grtitxt ' awl Andrew Yenchar the ownship and ------ B-o-ard-, by rc-s-cf±ut±oh attactred. acknowledged said .f17.triin.-,7-nt to be the free act and deed of said corporation, and My Corneni7niori elmites Drafted by Jack C, Hays Oakland Notary Public, County, Michigan PAYMENT SCHEDULE PAYAME AT COUNTY OF OAKLAND, Reimbursement Division 1200 N. Tele graph Road, Pontiac, Mic-higan 48053. Unless notified by Seller in writing -to the contrary. — ,-.. .—.- INTEREST PFUNCIPA.I. BALANCE OE PAYING DATE PAYMENTS SIGNATURE PAYMV:NTS PRINCIPAL INTEREST TO Rate % --„, — .•• , : • • : • --- .. • Separate payment schedules will be furnished upon request by the BURTON ARSTRACT AND TITLE CO. A.s,-.c-r a Tp.vi,,a DETROIT AREA OFFICES WAYNE COUNTY 350 Congress St., East DETROIT 48226 Phone 964-5000 (Area Code 313) DOWNTOWN 751 Griswold St. DETROIT 48226 Phone 964-5000 (Area Code 313) DEARBORN 23520 Michigan Ave. DEARBoRN, MICH. 48128 Phone 562-7017 (Area Code 313) EAST SIDE 10440 Whittier Ave. DETROIT 48224 Phone 527-7323 (Area Code 313) WEST SIDE :19260 Grand River DETROIT 48223 Phone 537-1900 (Area Code 313) MICHIGAN REGIONAL OFFICES CALHOUN COUNTY 151/2 Capital Avenue, N.E. BATTLE CREEK, MICHIGAN 49014 Phone 965-2313 (Area Code 616) GENESEE COUNTY 1221 Beach Street FL/NT, MICHIGAN 48503 Phone 239-4646 (Area Code 313) KENT COUNTY One, The Trust Bldg, GRAND RAPIDS, MfCHIGAN 49502 Phone 451-2591 (Area Code 616) MACOMB COUNTY 118 Cass Avenue MT. CLEMENS, MICHIGAN 48043 Phone 463-8623 (Area Code 313) 8242 East 12 Mile WARREN, MICHIGAN 48093 Phone 757-1640 (Area Code 313) SAGINAW COUNTY 406 First Savings & Loan Bldg. SAGINAW, MICHIGAN 48607 Phone 755-7704 (Area Code 517) CHEBOYGAN COUNTY 318 Main Street CHEBOYGAN, MICHIGAN 49721 Phone 627-7181 (Area Code 616) INGTIAlvi COUNTY Suite 5A Southland Complex 633 E. Jolly Road, LANSING, MICH, 48910 Phone 393-8000 (Area Code 517) LAPEER COUNTY 279 North Court LAPEER, MICHIGAN 48446 Phone 664-8547 (Area Code 313) Pv1USKEGON COUNTY 1042 Terrace Street MUSKEGON, MICHIGAN 49443 Phone 722-1121 (Area Code 616) WASHTENAW COUNTY 116 North Fourth Avenue ANN ARBOR, MICHIGAN 48108 Phone 663-9395 (Area Code 313) CLINTON COUNTY 119 N. Clinton Street SF. JOHNS, MICHIGAN 48879 Phone 224-329,1 (Area Code,517) JACKSON COUNTY 414 South Jackson Street JACKSON, MICHIGAN 4920.1 Phone 789-6113 (Area Code 517) LENAWEE COUNTY 118 West Maple Avenue ADRIAN, MICHIGAN 49221 Phone 265-6104 (Area Code 313) OAKLAND COUNTY 1550 North Woodward Avenue BIRMINGHAM, -MICHIGAN 48011 Phone 647-2100 (Area Code 313) 4626 W. Walton Blvd. DRAYTON PLAINS, tvtremcAN 48020 Phone 674.4147 (Area Code 313) ABSTA4C7 4 'TEM. COMPANY FORI/I OF Yam/ `6o414,61ct WITH ALTERNATE TAX AND INSURANCE PROVISIONS TO CITY OF DETROIT TAXES become a lien on July 15th and are payable from that date to August 31st without penalty. This tax may be paid in two parts, without interest, if one-half is paid on or before August 15th, and the second half paid on or before Janu- ary 15th. The fiscal tax year is July 1st to June 301h. WAYNE COUNTY TAXES become a lien on December 1st and are payable from that date to January 15th without penalty. The fiscal tax year is December 1st to November 30th. THE ALTERNATE TAX AND INSURANCE PAYMENT METHOD A choice of methods for payment of taxes and insurance is provided by this contract. FIRST METHOD—Direct payment by Purchaser If the purchaser is to pay taxes and insurance, the blank space in Paragraph 2 {e) should be left blank. SECOND IVIETHOD—instailment Pay- ment to Seller If the purchaser is to pay taxes and insurance to the Seller in installments, the estimated monthly installment should be entered on the blank space in Paragraph 2 (e). Accounting: Such installments should be included with principal payments and deducted from the unpaid principal when paid. When the Seller pays taxes or insur- ance, the amount paid should be added to the unpaid principal, and a note of the item paid should be made in the margin. If this Second Method is used, it may be desirable for the Purchaser, at the time of closing, to advance enough money for taxes and insurance, so that said advance- ment plus installments to become due will be sufficient to cover the first year's taxes and insurance. TrCLE: A 85 TRACT'S ESCROWS: Moved by Daly supported by Dunleavy the rules be suspended for immediate consideration of the resolution. AYES: Daly, Douglas, Dunleavy, Fortino, Gabler, Hoot, Kasper, Lennon, McDonald, Montante, Murphy, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson, Aaron, Button. (24) NAYS: Moffitt. (1) A sufficient majority having voted therefor, the motion carried. Moved by Daly supported by Dunleavy the resolution be adopted. Vote on resolution: AYES: Douglas, Dunleavy, Fortino, Gabler, Hoot, Houghten, Kasper, Lennon, McDonald, Montante, Murphy, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson, Aaron, Button, Daly. (25) NAYS: Moffitt. (1) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that T have compared the annexed copy of Miscellaneous Resolution #7606 adopted by the Oakland County Board of Commissioners at their meeting held on June 17, 1976 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 band and affixed the seal of said County at Pontiac, Michigan 17th June 76 this ..... Lynn D. Allen,. Clerk By Deputy Clerk meeting of the Township Board of At the Township of Groveland on , 1976, the Township RESOLUTION FOR AMENDMENT OF AGREEMENT . . . . . TO BUY AND SELL REAL PROPERTY Board did resolVe to amend the Agreement to Buy and Sell Real Property which the Township Board had approved in a Special Meeting of May 10, 1976. The amendments are incorporated in a document entitled Agreement to Buy and Sell Real Property and Lease Back and Exhibit A attached thereto which are attached to this Resblution and hereby incorporated by reference as though set forth fully herein. These amendments involve, among others, the specific provision that early payoff may occur without penalty and that the personal property and radio tower belonging to the Sheriff Department are to be retained by the Sheriff's Department rathe: than conveyed to the Township of Groveland. The Township Board authorized Andrew Yenchar, Supervisor of Groveland Township, to execute on behalf of the Township, that amended Agreement to Buy and Sell and Lease Back Real Property concerning the Groveland. Office Building, located at Dixie Highway and Grange Hall Road, from the County of Oakland to the Township of Groveland--. DONALD TITSWOKTH, Cler Township of Groveland RESOLUTION FOR PURCHASE OF GROVELAND OFFICE BlITLDfi4C7 V,7 At a 'I/A'' Tgr ,e±i'n ,f of the Township Board of the Township of Groyeland on /0 -7'ici, 1976, the Township Board did resolve to offer to purchase the building known as the Grove land Office Building, located at Dixie Highway and Grange Pall Road, from the County of Oakland, for the purpose of use as a fire hall and station by the Groveland Township Fire Department, and authorized Andrew Yenchar, Supervisor of Grovel and Township, to execute on behalf of the Township, the Agreement to Buy and Sell Real Property which is attached hereto and incorporated herein by reference as though set forth fully herein, and which can be identified by the date being the. same date as the date of this Resolution and consisting of eight (2) Dages. bbinIALb TITSWORTH, Township of G,rovetAnd LAW °Fr/CAS CAMPBELL, KURZMAN, PLUNKETT & ROGGENBAUM 1263 WT SQVARE LAKE ROAD ELoomriEt.D HiLLS, M]crt. 403/ 3 093) 335-243k • AGREEMENT TO BUY AND SELL • REAL PROPERTY AND LEASE BACK SELLER: COUNTY OF OAKLAND, a Michigan Municipal corporation. PURCHASER: TOWNSHIP OF GROVELAND, County of Oakland, a Michigan Municipal corporation. WITNESSETH: IT IS HEREBY .AGREED by and between Seller and Purchaser above identified that Seller shall sell to Purchaser and Purchaser shall buy from Seller real property hereinafter described under the terms and conditions hereinafter set forth, to-wit: 1. Description of Real Property: Land in the Southwest 1/4 of Section. 20 T 5 N, R 8 F, Groveland Township, Oakland County, Michigan, described as: Commencing at the SW corner of Section 20, thence along the section line S 87'12'00" F, 676.80 feet; thence N 4408'00" W, 48.27 feet to the point of beginning on the NE'ly right-of-way line of US 10 (120 feet wide) and the North right-of-way line of Grange Hall Road (66 feet wide); thence along the NE'ly right-of-way line of US TO, N 44 °08'00" W, 660.00 feet thence N 45 0 5200" F, 200.00 feet; thence S 44 0 0800" E, 555.00 feet; thence South 02 0 47'00" W 217.82 feet to the North right-of-way line of Grange Hall Road; thence along said right-of-way line N 87 0 1200" W, 60.00 feet to the point of beginning, containing 2.939 acres. 2. Sales Price and Terms of Payment: The sales price for said real property, including the improvements thereon, is FORTY-THREE THOUSAND DOLLARS ($43,000) which shall be paid as follows: EIGHT THOUSAND SIX HUNDRED DOLLARS ($8,600) (20% of purchase price) shall be paid at the time of the 'closing- of this transaction and the balance LAW or.rsc-tks CAMPBELL, KUPZKAN, PLUNKETT a ROGGENIPtUM it 1Z61 vaST SQUARe IAME ROAV B1.0C3MFIELV li;us, 4601A 013) 30U-9431 LAW opncvs CAMPBELL, KURZMAN, PLUNKETT & ROGGENDKUM I/63 WEST SQUARE' LAKE ROAD 131.00N FL IlIL, WCR. 484 Z3 (ZY3) S.g1439 of THIRTY-TOUR THOUSAND SEVEN HUNDRED DOLLARS ($34,700) shall be secured by a land contract executed- by the parties on the present standard Lawyers Title Insurance Corporation land contract form. The principal balance secured by said land contract shall be payable in annual installments of FIGHT THOUSAND SIX HUNDRED DOLLARS ($8,600) each for four (4) consecutive years beginning one (1) year from the date of the closing of the transaction. The unpaid principal balance of said indebtedness shall bear interest at the rate of eight and one-half percent (8 1/2%) per annum. The first of said annual installments shall be due one (l) year following the closing of this transaction and subsequent annual payments shall be due on the -same date of each year thereafter until paid in full. Prepayment in whole or part may be made at any time without penalty or interest beyond that stated above. 3. Fixtures, Equipment and Furnishings; The Sheriff Department's radio tower, furniture, equipment and fixtures listed on Exhibit A attached and in the structure at the time of the closing of this transaction. shall not be -included in this purchase price and shall not become the property of the Purchaser. 4. Evidence of Title. Prior to closing Seller shall furnish Purchaser a commitment for a policy of title insurance dated later than the date of this Agreement, showing marketable title in the Seller. 5. Closing: Closing shall take place at the Oakland County Service Center within thirty (30) days after- approval of this - 2 - Agreement by the Oakland County Board. of Commissioners and its execution by the person authorized so to do on behalf of Seller, 6. Possession: Purchaser has current possession under a lease of the premises now in effect and shall take possession as owner immediately upon closing. 7. Lease: The lease currently in effect between the parties to this Purchase Agreement which lease was executed on the 12th day of June, 1975, shall be void and of no effect upon the closing of the transaction pursuant to this Purchase Agreement, 8, Insurance: The Purchaser agrees to keep insured the building and equipment now on said premises or which shall hereafter be placed thereon in the name of Seller against loss by fire and windstorm, in such company or companies and for such amount as the Seller shall approve, and forthwith deposit alJ policies of insurance with the Seller, with the loss, if any, payable to the Seller. 9. Representations and Warranties: It is mutually agreed that the Seller have made DO representations or warranties of any kind to the Purchaser with respect to said real property, its condition or fitness, nor the condition or fitness of any part of portion of said real property or the improvements thereon. Itis further mutually agreed that the Seller has made no representations or warranties relative to the amount of business that the Purchaser may expect to do in the future. LAW Oi.PIC CAMFTELL. KURZHAN, PLUNKETT & POGGENBAUM itgl Wu'? $03ATtZ PDAD F31.0oMPIEL.13 MICg. 4aa1 3 (31M) 135-9431 -3-- 10. Merger of Agreement. The execution of the land contract pursuant to this preliminary Agreetent and the execution of the Security Agreement. and Promissory Note shall be deemed to be a full performance discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. The only representations, warranties and agreements of the Seller that are to survive the closing are those that are specifically stated herein to survive. No other representations, warranty or agreeMent of Seller shall survive the closing. 11. Notices, Any notice or communications which may be or are required to be given pursuant to the terms of this Agreement shall be in writing and any such notice or communication shall be deemed. to have been given if and when delivered pursuant to a mailing by registered or certified mail, return receipt requested, addressed to the person entitled thereto under the terms hereof. 12. Singular and Plural Usage. If two or more persons constitute either the Seller or the Purchaser, the word "Seller" or the word. "Purchaser" sha be construed as if it reads "Sellers" or "Purchasers" whenever the sense of this Agreement so requires. 12. Captions. The captions of this Agreement are inserted only for the purpose of convenient reference and in no way define, limit or prescribe the scope or intent of this Agreement or any part thereof. LAW CnFFICES CiikmrtiELL, KUt4INIAN, PLUNK.ETT &ROC,GElkinAU 126 WEST SOLIARE TAKE ROAD $t0OWFIKtni-H1...i.5, MICA_ 40413 ($!3) Z55-941 - 4 - LAW OPPTCES CAMPNELL, KUE7MAN,, PLUNKETT & TIOGENS&UM 1•7 .3 WEST SCIIIARE WE ROAD StootiFIELD HaLS, 7,17CSL 4eiai 3 (nTs) 335-94$1 13. Enti Aqr ement This Agreement constitutes the entire contract between the parties hereto, and there are no other agreements, considerations, representations between the parties with respect to said transaction. This Agreement may not be varied or modified except by an instrument in writing signed by the parties hereto. 14. Successors and Assigns. The stipulations aforesaid are to apply to and inure to the benefit of the successors and assigns of the respective parties, Additional Conditions, Purchaser agrees to assume any equipment leases and the payments thereof upon closing, such payments to be in addition to the sales price. 16. Lease. to Oakland County Sheriff for Sub-Station It is hereby agreed between the Seller and Purchaser that the Oakland County Sheriff's Department (hereinafter referred to as the Sheriff) shall have a five .(5) year lease on a portion of the premises commonly known as the Groveland Office Building for so long as the Sheriff is operating a radio station and/or a sub-station at the premises; said leasehold interest shall be limited to the locker room, report and radio areas on the first floor of said building, as well as lavatory facilities as presently used; said lease shall terminate earlier than the five (5) year term in the event that at any time the Sheriff shall cease for more than thirty (30) days both the operation of the sub-station and the operation of the radio station on the premises by dispatcher's on the premises Said lease shall terminate separately as to each of the three areas used (locker room, report and radio) -upon thirty (30) days - 5 - LAW OFF9CIVS CAMPEIELL, KURZMAN e PLUNKETT & ROCGENBAUM 12” WEST SQUARE LANE ROAD BLOORFIELD LSAitctf. 48013 (313) 325-94a abandonment of that use without any effect on the other area or areas continued in use longer than the specific area or areas abandoned. 17. Lease to Oakland . County Parks Commission. It is hereby agreed between. Seller and Purchaser that the Oakland County Parks and Recreation Commission shall have a lease on the use of the Sheriff's radio tower in the present manner for so long as said tower is located on said premises. 18, Seller's . Terms. The Seller hereby leases said premises for the term aforesaid and covenants: (1) To pay the Purchaser the sum of ONE DOLLAR ($1) per year such sum payable annually commencing with the date of this Agreement and to permit Purchaser to continue utilizin the Sheriff's radio tower in the present manner for so long as said tower is located on said premises. (2) To use and occupy said premises only for the purpose of a Sheriff's sub-station and radio station including parking. (3) To observe all reasonable regulations and requirements of underwriters concerning the Use and condition of the premises tending to reduce fire hazards and insurance rates and not permit nor allow any rubbish, waste material or products to accumulate on the premises. (4) That Seller will not assign this Lease nor sublet the premises nor any part thereof without the consent of the Purchaser .thereto endorsed thereon in writing, (5) To keep the premises', including the equipment and fixtures of every kind and nature in a useable condition. (6) If the: demised premises- becomes wholly untenant- able through damage or destruction by fire not occasioned by the negligence of the Seller, this Lease shall be void. - 6 - COUNTY OF OAKLAND, a Michigan Municipal corporation : ALEXANDER C. PERINOFF Chairman of its Board of Commissioners 1..verore CAMPBELL, KURIMAN, PLUNKETT & ROGGENBAUM ltf5 ViST $OUANE BoAM PLocoinELB MICH.: 423.013 - 7 - (313) 33B-9431 (7) Seller agrees to provide fire and public liability insurance 'covering its operations in the structure and to hold Purchaser harmless from any damages caused by the actions of Seller or its agents or employees. 19, Purchaser's Terms_ (1) Purchaser hereby covenants that the Seller, on payment of the rental rate at the time and in the manner aforesaid in performance of all of the foregoing covenants, shall and may peacefully and quietly have, hold and enjoy the demised premises for the term aforesaid. (2) Purchaser agrees to provide heat, electrical costs water and sewage facilities as well as all custodial services hich may be required for the premises-, 20. Seller and Purchaser mutually agree that each shall pay for telephone equipment and services used by its agents and employees Signed, sealed and delivered this /7 - day of 1976, IN THE PRESENCE or 1:y State of Michigan, SS : County of Oakland, On this 1 day of 1976, personally appeared ALEXANDER C, PERINOFF and did say that he is the Chairman of the Board of Commissioners for the County of Oakland and as such has affixed his signature to the foregoing Agreement, and that said instrument was signed and sealed in behalf of Notary Public, Oakland Co_ My Commission expires: 8 said County of Oakland, by authority of .its Miscellaneous Resolution ‘',.,, da_t.:ad. .:::,. f-J , and acknowledges — said instrument to be the free act and deed of said County of Oakland, IN THE PRESENCE OF: State of Michigan, ss: County of Oakland, TOWNSHIP OF GROVELAND By: ANDRE ENCHAR, Supervisor Township of troveland On this /e7;grday of .(Xmlm:A- , 1976, personally appeared ANDREW YENCHAR of the Tidwnship of Groveland and as such has affixed his signature to the foregoing Lease, and that said instrument was signed and sealed in behalf of said Township of Groveland by authority of its resolution of May Crary -Pdb1PE7- My Commission expires: , 1976, and that ANDREW YENCHAR acknowledged said instrument to be the free act and deed of said Township of Groveland. t.ikw orrtcre CAMPBELL, Ki.$1,4ZMA44 PLIJNKETT & ROGGENI3AUM $243 WT 5,14:44E LAKE ROAC, BLOQhf FiFLD $111_13, MiCer, 4601'3 (313)11315-P4.1 INVENTORY OF COML\RTNICATIONS EQUIPMENT Groveland Substation Bullet in Board 3' X 4' Royai Typewriter, Green, No, 922 Royal T yp ecqr t er , 550, No, 1441 2 Desks 5 Chairs (2 wirollers) 1 Davenport 2 File Cabinets 1 Window Air ConditionPl- I Electric Floor Heater (Tropic) 1 County Map State Monitor - Channel 2 Monitor • Has 1 Has P 3