HomeMy WebLinkAboutResolutions - 1987.10.22 - 18106Ert)' APPRrOV7:7HE FrrZEGOING RESOLUTION
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MISCELLANEOUS RESOLUTION 87z132. October 22, 1987
BY PLANNING AND BUILDING COMMITTEE, ANNE M. HOBART,
Chairperson
IN RE: CORPORATION COUNSEL - REAL ESTATE SECTION - Sale of
Vacant Property on Lapeer Road, Orion Township -
Tax Sidwell No. 09-35-300-016
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of a vacant
parcel of land consisting of 1.38 acres; and
WHEREAS this property was originally purchased for the
Oakland/Orion Airport and related services; and
WHEREAS Miscellaneous Resolution 87104 directed
Corporation Counsel - Real Estate Section to advertise said
property with a minimum offer of $96,000 and to return with
offers on June 16, 1987; and
WHEREAS no offers were received on this property by the
June 16, 1987 date; and
WHEREAS an offer of $90,170 has been received from
Cunningham-Limp Construction Co.; and
WHEREAS this offer has been reviewed and recommended by
the Airport Committee; and
WHEREAS the Department of Corporation Counsel
recommends the acceptance of this offer of $90,170.
NOW THEREFORE BE IT RESOLVED that the Oakland County
Board of Commissioners accepts this offer in the amount of
$90,170 from Cunningham-Limp Construction Co. without warrants (delete
(#2 of Rider). *`,/
, /
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners directs its Chairperson to execute the necessary
documents to effect this sale.
Mr. Chairperson, on behalf of the Planning and Building
Committee, I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
OFFER TO PURCHASE
1. THE UNDERSIGNED hereby offers and agrees to purchase
the following described property:
Sidwell No. 09-35-300-016
for the sum of Ninety thousand one hundred seventy dollar
( $90__L170,00 ).
2. CASH SALE: The sale is to be consummated by delivery
of the usual Quitclaim Deed conveying title. DEPOSIT
CHECKS MUST BE MADE PAYABLE TO PURCHASER; CLOSING
CHECKS MUST BE MADE PAYABLE TO COUNTY OF OAKLAND; (ONLY
CERTIFIED CHECKS WILL BE ACCEPTED).
3. „ GENERAL CONDITIONS of sale as listed below, are a part
of this offer. This is a legal document and the County
recommends that all parties to this agreement retain an
attorney to protect their interest in this transaction.
)A1:1_ AND COUNTY'
(-17RPOR AlinN
0111..NSF1.
A. Ten percent (10%) deposit shall accompany all
offers to purchase. CHECKS MUST BE CERTIFIED AND
MADE PAYABLE TO PURCHASER.
B. As evidence of title, the County agrees to
furnish Purchaser a policy of title insurance in
an amount not less than the purchase price,
bearing date later than the acceptance hereof and
guaranteeing marketable title.
C. If this offer is accepted by the Seller and if
title can be conveyed in the condition required,
the County agrees to complete the sale within ten
(10) days after delivery of the Commitment of
Title Insurance. In the event of default by the
Purchaser, the County may, at its option, elect
to enforce the terms hereof or declare a
forfeiture and retain the deposit as liquidated
damages.
D. In the event of default by the County, the
Purchaser shall be entitled to an immediate
refund of his entire deposit in full termination
of this agreement.
E. 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 hereunder, the County shall have
thirty (30) days from the date it 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
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 Purchaser agrees to complete the
sale within ten (10) days of written notification
thereof. If the Seller is unable to remedy the
title or obtain title insurance within the time
specified, the deposit shall be refunded
forthwith in full termination of this agreement.
F. The covenants herein shall bind and inure to the
WITNESSES: PURCHASER:
David J. etch
Cunningham-Limp Construction
onald R. Kegley,
Dated: October 2, 1987 Address 5800 Crook's Road
Suite 100
Troy, MI 48098
Telephone (313) 828-4000
benefit of the executors, administrators,
personal representatives, successors and assigns
of the respective parties.
G. The closing of this sale shall take place at the
office of OAKLAND COUNTY CORPORATION COUNSEL,
1200 North Telegraph Road, Courthouse Tower,
Pontiac, Michigan 48053, or a place of the
County's choice.
H. Purchaser has been extended an opportunity to
review any or all records regarding referenced
property, on file in the Real Estate Section
Offices of Corporation Counsel, Executive Office
Building, Room 100, 1200 North Telegraph Road,
Pontiac, Michigan 48053.
I. Purchaser understands that the County may retain
a permanent easement over the described
property. The County retains the right to assign
this easement. Purchaser understands that the
County does not warrant that this is a buildable
lot.
J. This offer is subject to approval by the OAKLAND
COUNTY BOARD OF COMMISSIONERS.
K. Purchaser acknowledges that he is aware that some
of the members of the OAKLAND COUNTY BOARD OF
COMMISSIONERS are licensed real estate brokers
and/or salespersons.
L. This agreement supersedes any and all
understandings and agreements and constitutes the
entire agreement between the parties hereto, and
no oral representations or statements shall be
considered a part hereof. Purchaser understands
and acknowledges that he is purchasing in an "as
is" condition and that the County makes no
warranties as to the land and structure purchased
or the conditions thereof. Purchaser
acknowledges that he has inspected the premises
covered hereby and that be is satisfied with its
condition. Purchaser acknowledges the receipt of
a copy of this offer.
RIDER "A" TO PURCHASE OFFER DATED /0 - s 19
BETWEEN
CUNNINGHAM-LIMP CONSTRUCTION COMPANY, A MICHIGAN CORPORATION,
PURCHASER, AND COUNTY OF OAKLAND, SELLER
1. Purchaser shall have a GO day period from the date of
acceptance of this Offer to prepareand study the following
items:
(a). Site engineering costs ;
(b). Feasibility for intended'use
(c). Status of City site plan review and permitting
process
Seller does hereby grant Purchaser or his agents, the rights
to enter upon the property at any reasonable times for
purposes of making the aforementioned tests.
Seller agrees to provide Purchaser with all existing
engineering soil boring reports, Department of National
Resources permits, and any other existing site
information upon acceptance of thisagreement.
If for any reason in the Purchaser's sole judgement any of
the above items are unsatisfactory, then this offer shall be
null and void and all monies shall be immediately returned
to Purchaser.
2. SELLER'S COVE
WARRANTIES;
OBLIGATION% REPRESENTATIONS AND
Seller hereby covenants, represents and warrants to
Purchaser, which matters shall be true and F rect as of the
date hereof and be reaffirmed as of the losing date and
shall survive the closing of the transac ions contemplated
hereby:
(a). The Property is zoned ligV industrial.
(b). Seller has not receiv d any notice nor does it
have knowledge of any violat'on by Seller of any laws,
zoning ordinances or egulations affecting the
Property; nor has Seller eceived any notice of nor
does it have any k owledge of any existing or
threatened condemnation/or other legal action of any
kind involving the Property. ;
Y
(c). There are no
Zif
ipaid bills or claims in connection
with any construct' n relating to the Property.
1
//2
(d). The sale o Purchaser of the Property will not
violate any 1 ws, rules, regulations or ordinances
relating to ny requirement, platting of the
Property or/the —splitting—pi' platted or non-platted 1 property or therwise, 1
(e). The ..-nvironmental and ecological condition of the
Property/ is not in violation of any law, ordinance,
rule co: regulation applicable thereto; the soil,
surfacy.., water and ground water of or on the Property
are Vee from any solid waste, toxic or hazardous
subs.fances or contaminants; and the Property has not
bee : used for treatment, storage or disposal of any
wasie material.
OFFER TO PURCHASE
THE UNDERSIGNED hereby offers and agrees to purchase
the following described property:
Sidwell No. 09-35-300-016
for the sum of Ninety thousand one hundred seventy dollar
( $90,170,00 ).
2. CASH SALE: The sale is to be consummated by delivery
of the usual Quitclaim Deed conveying title. DEPOSIT
CHECKS MUST BE MADE PAYABLE TO PURCHASER; CLOSING
CHECKS MUST BE MADE PAYABLE TO COUNTY OF OAKLAND; (ONLY
CERTIFIED CHECKS WILL BE ACCEPTED).
3. GENERAL CONDITIONS of sale as listed below, are a part
of this offer. This is a legal document and the County
recommends that all parties to this agreement retain an
attorney to protect their interest in this transaction.
A. Ten percent (10%) deposit shall accompany all
offers to purchase. CHECKS MUST BE CERTIFIED AND
MADE PAYABLE TO PURCHASER.
B. As evidence of title, the County agrees to
furnish Purchaser a policy of title insurance in
an amount not less than the purchase price,
bearing date later than the acceptance hereof and
guaranteeing marketable title.
C. If this offer is accepted by the Seller and if
title can be conveyed in the condition required,
the County agrees to complete the sale within ten
(10) days after delivery of the Commitment of
Title Insurance. In the event of default by the
Purchaser, the County may, at its option, elect
to enforce the terms hereof or declare a
forfeiture and retain the deposit as liquidated
damages.
D. In the event of default by the County, the
Purchaser shall be entitled to an immediate
refund of his entire deposit in full termination
of this agreement.
E. 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 hereunder, the County shall have
thirty (30) days from the date it 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
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 Purchaser agrees to complete the
sale within ten (10) days of written notification
thereof. If the Seller is unable to remedy the
title or obtain title insurance within the time
specified, the deposit shall be refunded
forthwith in full termination of this agreement.
F. The covenants herein shall bind and inure to the
.C27I'1114
David J.
c:77_
ietch
Cunningham-Limp Construction
•nn
t((
onald R. KegleY,
Telephone
WITNESSES: PURCHASER:
Dated: October 2, 1987 Address 5800 Crook's Road
Suite 100
Troy, MI 48098
(313) 828-4000
benefit of the executors, administrators,
personal representatives, successors and assigns
of the respective parties.
G. The closing of this sale shall take place at the
office of OAKLAND COUNTY CORPORATION COUNSEL,
1200 North Telegraph Road, Courthouse Tower,
Pontiac, Michigan 48053, or a place of the
County's choice.
H. Purchaser has been extended an opportunity to
review any or all records regarding referenced
property, on file in the Real Estate Section
Offices of Corporation Counsel, Executive Office
Building, Room 100, 1200 North Telegraph Road,
Pontiac, Michigan 48053.
Purchaser understands that the County may retain
a permanent easement over the described
property. The County retains the right to assign
this easement. Purchaser understands that the
County does not warrant that this is a buildable
lot.
J. This offer is subject to approval by the OAKLAND
COUNTY BOARD OF COMMISSIONERS.
K. Purchaser acknowledges that he is aware that some
of the members of the OAKLAND COUNTY BOARD OF
COMMISSIONERS are licensed real estate brokers
and/or salespersons.
L. This agreement supersedes any and all
understandings and agreements and constitutes the
entire agreement between the parties hereto, and
no oral representations or statements shall be
considered a part hereof. Purchaser understands
and acknowledges that he is purchasing in an "as
is" condition and that the County makes no
warranties as to the land and structure purchased
or the conditions thereof. Purchaser
acknowledges that he has inspected the premises
covered hereby and that he is satisfied with its
condition. Purchaser acknowledges the receipt of
a copy of this offer.
22nd day of 1987
ALLEN
Counh Clerk/Register of Deeds
#87282
October 22, 1987
Moved by Hobart supported by Richard Kuhn the resolution be adopted.
Moved by Hobart supported by Doyon the resolution should read in the NOW
THEREFORE BE IT RESOLVED "without warrants (deleting #2, 3, 4 and 5 of the
Rider)."
Moved by Lanni supported by Crake the resolution be amended in the
BE IT FURTHER RESOLVED paragraph so it reads: "BE IT FURTHER RESOLVED that
the Oakland County Board of Commissioners directs the Chairperson to execute
the necessary documents to effect this sale and the net proceeds would go
to the Airport Fund."
Vote on both amendments:
A sufficient majority having voted therefor, the amendments carried.
Vote on resolution, as amended:
AYES: Doyon, Gosling, Hobart, Richard Kuhn, Lanni, Luxon, McConnell,
McDonald, Angus McPherson, Moffitt, Page, Rewold, Rowland, Skarritt, Wilcox,
Aaron, Calandro, Crake. (18) ,
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and haying a seal,
do hereby certify that I have compared the annexed copy of
- this Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on October 22, 1987
with the orginial 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