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HomeMy WebLinkAboutResolutions - 1992.06.25 - 20467MISCELLANEOUS RESOLUTION #92147 June 25, 1992 I HEREBY APPFFE rHE FOREGOING RESOLUTION BY: PLANNING AND BUILDING COMMITTEE, John E. Olsen, Chairperson IN RE: PARKS & RECREATION COMMISSION - PURCHASE OF PROPERTY IN LYON TOWNSHIP TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the Parks and Recreation Commission is the recipient of grant monies for the purchase of property in Lyon Township for the purpose of protecting a wildlife habitat known as a rookery; and WHEREAS, the Parks and Recreation Commission, at a special meeting held on June 11, 1992, approved the attached offers to purchase a 34.75 acre parcel for $269,382 being Parcel No. 20-01-200-001 and a 637.50 acre parcel for $4,480,618 being Parcel Nos. 21-01-100-001, 21-01-200-003, 20-01-200-004, 21-01-300-019, 21-01-400- 001, 21-01-400-002 and part of 21-01-200-001; and WHEREAS, the Parks and Recreation Commission has the funds available to make such purchase; and WHEREAS, said purchase will provide protection for this rookery as well as establish a County park in a section of the County not previously serviced by the County park system. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the purchase of a 34.75 acre parcel in Lyon Township for $269,382 being Parcel No. 20-01-200-001 and a 637.50 acre parcel for $4,480,618 being Parcels Nos. 21-01-100-001, 21-01-200-003, 21-01-200-004, 21-01-300-019, 21-01- 400-004, 21-01-400-002, and part of 21-01-200-001, by the Oakland County Parks and Recreation Commission, said monies for the purchase to come from Parks and Recreation funds and/or grant monies. BE IT FURTHER RESOLVED that the Chairperson is authorized to execute the appropriate and necessary documents to finalize said purchase. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNIp9Ar BUILDING COM ITTEE PURCHASE AGREEMENT WITNESS, this Agreement by and between JEROME F. LEBER, whose address is 7380 Heather Heath Lane, West Bloomfield, Michigan 48322, hereinafter called "SELLER", and the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341-1043, on behalf of its PARKS AND RECREATION COMMISSION, hereinafter called "PURCHASER", as follows: PROPERTY TO BE SOLD PURCHASE PRICE AND TERMS The SELLER agrees to sell and PURCHASER agrees to buy, on the terms and conditions stated herein, real property located in Lyon Township, Oakland County, Michigan, being part of Sec 1, T1 N, R7E, Lyon Township, Oakland County, Michigan, and being more particularly described as beginning at the NE corner of Sec 1; thence S 03-09-39 along E Section line, 1389.11 ft to a point; thence S 88-00-43 W 1117.39 ft to a point; thence N 01-42-17 W 1363.8 ft to a point, being the N line of Section 1 and the centerline of Pontiac Trail; thence N 86-41-14 E, 1082.5 ft along N line of Section 1 to the point of beginning containing 34.75 acres, more or less, and being part of Tax Parcel No. 21-01-200- 001, together with all existing golf course plans and drawings, and all wetland/DNR permits and/or licenses. (Per attached sketch & description) The total purchase price of said real property shall be Two Hundred Sixty-Nine Thousand, Three Hundred Eighty-Two ($269,382.00) Dollars cash with Twenty Thousand ($20,000.00) Dollars down upon the acceptance of this agreement by the PURCHASER. Said $20,000.00 shall be held in escrow, by Philip Seaver Title Company, Inc., to be released for the sole purpose of Phase II clean-up costs, and shall be applied to the total purchase price at the time of closing. All amounts shall be paid by Oakland County check. SELLER represents and warrants to PURCHASER that he has binding, exclusive and irrevocable options from Lawson Industrial Park, a Michigan Limited Partnership, pertaining to a parcel of land containing approximately 500 acres, more or less, in the Township of Lyon, Oakland County, Michigan, and an option from Lillian Spencer, a single woman, and George W. Spencer and Arminta Spencer, his wife, pertaining to a parcel of land containing approximately 171 acres, more or less, in the Township of Lyon, Oakland County, Michigan. SELLER warrants and represents that both options are binding and in full force and effect. SELLER further warrants and represents that at the time of closing, he will furnish by Warranty Deed to the PURCHASER fee simple title to said property, free and clear of any encumbrances. TAXES All taxes and assessments which have become a lien upon the land at the date of this Agreement shall be paid by SELLER. Current taxes shall be prorated and adjusted as of the date of closing in accordance with Due Date basis of the municipality or taxing unit in which the property is located. EVIDENCE OF SELLER shall, at PURCHASER'S expense within twenty (20) TITLE days hereof, deliver a Title Commitment for SELLER's Policy of Title Insurance for the full purchase price to the PURCHASER agreeing to insure marketable title to the real property above-described, free and clear of encumbrances, other than easements and restrictions of record. 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 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 refund the deposit in full termination of this agreement if unable to remedy the title. If the SELLER remedies the title within the time specified, the PURCHASER agrees to complete the sale within 10 days of written notification thereof. If the SELLER is unable to remedy the title within the time specified, the deposit shall be refunded forthwith in full termination of this agreement. SELLER agrees to remit to PURCHASER a release of an oil and gas lease which is recorded at Liber 8566, Pages 588, Oakland County Records. TRANSFER TAX PURCHASER shall be responsible at closing for payment of State of Michigan transfer tax. CONVEYANCE Conveyance shall be by Warranty Deed executed by SELLER to PURCHASER. ENVIRONMENTAL Pursuant to the report on Phase I, Environmental STATEMENT Assessment, prepared by MJBA/CEC project team, certain identified environmental liabilities were found to exist on this property. The SELLER warrants that he has not deposited or caused to be deposited, on or under the above described land, any toxic or hazardous substance(s) while he had rights to said land. Further, the SELLER assures that he has no knowledge of any toxic or hazardous substance(s) being present on or under the above described parcel. SELLER agrees that a Phase ll environmental assessment shall be completed, at SELLER'S expense, prior to closing. Further, if said assessment finds toxic or hazardous substances to exist, remediation shall be completed at or prior to closing and shall be conducted and completed at the sole cost of SELLER. INSPECTION SELLER agrees to permit PURCHASER and its agents the AND ENTRY right to enter upon the above described real property for the purpose of conducting any assessments and/or testing, all of which shall be at PURCHASER'S sole cost and expense. PURCHASER shall restore the premises to its original condition after such testing. In any event, the results said assessment and/or testing shall have no bearing upon this agreement except as may be otherwise herein expressly referenced. TIME FOR This sale shall be closed on July 15, 1992. In the event CLOSING AND that the Phase II assessment/remediation is not complete on POSSESSION July 15, 1992, the closing shall be delayed until such time that the Phase II assessment/remediation is complete and such delay shall not invoke the liquidation damages clause. CLOSING SUCCESSORS AND ASSIGNS The parties agree that liquidated damages shall be the sum of $20,000.00 if PURCHASER fails to close in accordance with the terms hereof and time is herewith deemed to be of the essence. The closing of this sale shall take place at the offices of PHILIP R. SEAVER TITLE COMPANY, INC., 2700 N. WOODWARD AVENUE, BLOOMFIELD HILLS, MICHIGAN 48304. The full purchase price, less amounts applied, shall be paid to Philip Seaver Title Company, Inc., which shall disburse the proceeds of sale to the parties having an interest in the property as their property interests appear. The covenants herein shall bind and inure to the benefit of the successors and assigns of the respective parties. CONTINGENCY This purchase is contingent upon the closing of the sale for the 637.50 acre parcel and each closing is expressly contingent upon the closing of the other and the failure to damages clause provided herein. EXPIRATION OF OFFER This offer shall be accepted by the SELLER immediately subsequent to the PURCHASER receiving approval of the PARKS AND RECREATION COMMISSION and the OAKLAND COUNTY BOARD OF COMMISSIONERS. WITNESSES: SELLER: Jerome F. Leber Subscribed and sworn to before me this day of 1992. PURCHASER: County of Oakland, A Michigan Constitutional Corporation, through its Parks & Recreation Commission Subscribed and sworn to before me this day of 1992. I vat13Ieber PURCHASE AGREEMENT WITNESS, this Agreement by and between JEROME F. LEBER, whose address is 7380 Heather Heath Lane, West Bloomfield, Michigan 48322, hereinafter called "SELLER", and the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341-1043, on behalf of its PARKS AND RECREATION COMMISSION, hereinafter called "PURCHASER", as follows: PROPERTY TO BE SOLD PURCHASE PRICE AND TERMS The SELLER agrees to sell and PURCHASER agrees to buy, on the terms and conditions stated herein, real property located in Lyon Township, Oakland County, Michigan, being in Section 1, T1N, R7E, Tax Sidwell Nos. 21-01-100-001, 21-01-200-003, 21-01-200-004, 21-01-300-019, 21-01- 400-001, 21-01-400-002, and pt of 21-01-200-001, on the Township tax rolls and consisting of approximately 637.50 acres together with all existing golf course plans and drawings, and all wetland/DNA permits and/or licenses. (Per attached sketch & description) The total purchase price of said real property shall be Four Million, Six Hundred Eighty Thousand, Six Hundred Eighteen ($4,680,618.00) Dollars cash with Two Hundred, Eighty Thousand ($280,000.00) Dollars down upon the acceptance of this agreement by the PURCHASER. Said $280,000.00 shall be held in escrow, by Philip R. Seaver Title Company, Inc., to be released for the sole purpose of Phase II clean-up costs, and shall be applied to the total purchase price at the time of closing. All amounts shall be paid by Oakland County check. SELLER represents and warrants to PURCHASER that he has binding, exclusive and irrevocable options from Lawson Industrial Park, a Michigan Limited Partnership, pertaining to a parcel of land containing approximately 500 acres, more or less, in the Township of Lyon, Oakland County, Michigan, and an option from Lillian Spencer, a single woman, and George W. Spencer and Arminta Spencer, his wife, pertaining to a parcel of land containing approximately 171 acres, more or less, in the Township of Lyon, Oakland County, Michigan. SELLER warrants and represents that both options are binding and in full force and effect. SELLER further warrants and represents that at the time of closing, he will furnish by Warranty Deed to the PURCHASER fee simple title to said property, free and clear of any encumbrances. TAXES All taxes and assessments which have become a lien upon the land at the date of this Agreement shall be paid by SELLER. Current taxes shall be prorated and adjusted as of the date of closing in accordance with Due Date basis of the municipality or taxing unit in which the property is located. EVIDENCE OF SELLER shall, at PURCHASER'S expense within twenty (20) TITLE days hereof, deliver a Title Commitment for SELLER's Policy of Title Insurance for the full purchase price to the PURCHASER agreeing to insure marketable title to the real property above-described, free and clear of encumbrances, other than easements and restrictions of record. 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 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 refund the deposit in full termination of this agreement if unable to remedy the title. If the SELLER remedies the title within the time specified, the PURCHASER agrees to complete the sale within 10 days of written notification thereof. If the SELLER is unable to remedy the title within the time specified, the deposit shall be refunded forthwith in full termination of this agreement. SELLER agrees to remit to PURCHASER a release of an oil and gas lease which is recorded at Liber 8566, Pages 588, Oakland County Records. TRANSFER TAX PURCHASER shall be responsible at closing for payment of State of Michigan transfer tax. CONVEYANCE Conveyance shall be by Warranty Deed executed by SELLER to PURCHASER. ENVIRONMENTAL Pursuant to the report on Phase I, Environmental STATEMENT Assessment, prepared by MJBA/CEC project team, certain identified environmental liabilities were found to exist on this property. The SELLER warrants that he has not deposited or caused to be deposited, on or under the above described land, any toxic or hazardous substance(s) while he had rights to said land. Further, the SELLER assures that he has no knowledge of any toxic or hazardous substance(s) being present on or under the above described parcel. SELLER agrees that a Phase II environmental assessment shall be completed, at SELLER'S expense, prior to closing. Further, if said assessment finds toxic or hazardous substances to exist, remediation shall be completed at or prior to closing and shall be conducted and completed at the sole cost of SELLER. INSPECTION SELLER agrees to permit PURCHASER and its agents the AND ENTRY right to enter upon the above described real property for the purpose of conducting any assessments and/or testing, all of which shall be at PURCHASER'S sole cost and expense. PURCHASER shall restore the premises to its original condition after such testing. In any event, the results of said assessment and/or testing shall have no bearing upon this agreement except as may be otherwise herein expressly referenced. TIME FOR This sale shall be closed on July 15, 1992. In the event CLOSING AND that the Phase II assessment/remediation is not complete POSSESSION on July 15, 1992, the closing date shall be delayed until such time that the Phase 11 assessment/remediation is complete and such delay shall not invoke the liquidation damages clause. The parties agree that liquidated damages shall be the sum of $280,000.00 if PURCHASER fails to close in accordance with the terms hereof and time is herewith deemed to be of the essence. CLOSING The closing of this sale shall take place at the offices of PHILIP R. SEAVER TITLE COMPANY, INC., 2700 N. WOODWARD AVENUE, BLOOMFIELD HILLS, MICHIGAN 48304. The full purchase price, less amounts applied, shall be paid to Philip Seaver Title Company, Inc., which shall disburse the proceeds of sale to the parties having an interest in the property as their property interests appear. SUCCESSORS The covenants herein shall bind and inure to the benefit of the AND ASSIGNS successors and assigns of the respective parties. CONTINGENCY This purchase is contingent upon the closing of the sale for the 34.75 acre parcel and each closing is expressly contingent upon the closing of the other and the failure to close both sales simultaneously shall invoke the liquidated damages clause provided herein. This offer shall be accepted by the SELLER immediately subsequent to the PURCHASER receiving approval of the PARKS AND RECREATION COMMISSION and the OAKLAND COUNTY BOARD OF COMMISSIONERS. EXPIRATION OF OFFER WITNESSES: SELLER: Jerome F. Leber Subscribed and sworn to before me this day of 1992. PURCHASER: County of Oakland, A Michigan Constitutional Corporation, through its Parks & Recreation Commission Subscribed and sworn to before me this day of 1992. I: \PATl2LEBER ) 2 • June 25, 1992 FISCAL NOTE (Misc. 92147) BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: PARKS & RECREATION COMMISSION-PURCHASE OF PROPERTY IN LYON TOWNSHIP TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI -G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #92147 and finds: 1) Oakland County Parks and Recreation Commission is desirous of purchasing two parcels of property; a 34.75 acre parcel for $269,382 and a 637.50 acre parcel for $4,480,618. Corporation Counsel, Real Estate Section, has negotiated the a total purchase of 672.25 acres for $4,750,000. 3) Funds are available for the purchase the 1992 Parks and Recreation Commission Capital Improvement Project-Future Land Acquisition Account Fund, therefore, no budget amendments are required. Resolution # 92147 June 25, 1992 Moved by Olsen supported by Schmid the resolution be adopted. AYES: Moffitt, Oaks, Obrecht, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron, ishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, McConnell, McCulloch. (24) NAYS: None. (0) 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, 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 June 25, 1992 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 25th day 9f) June 1992_ of Oakland at Pontiac, Michigan this 25th 'ark Ly7V7'. Allen, County C