HomeMy WebLinkAboutResolutions - 2013.12.12 - 21127MISCELLANEOUS RESOLUTION #13311 December 12, 2013
BY: Planning and Building Committee, Jim Runestad, Chairperson
IN RE: WATER RESOURCES COMMISSIONER — OAKLAND COUNTY PURCHASE OF
BUILDING AT 2636 DIXIE HWY., WATERFORD TOWNSHIP, MI
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Water Resources Commissioner (VVRC) has determined that
consolidating its billing and payment offices into one location will improve operational
efficiencies; and
WHEREAS the existing WRC location at One Public Works Drive, Building 95 West in
Waterford does not have sufficient space for this consolidation; and
WHEREAS after visiting several properties, the WRC has decided upon 2636 Dixie
Highway, in Waterford, which is listed for $350,000.00; and
WHEREAS pursuant to authorization of the Oakland County Planning and Building
Committee on October 6, 2013, the attached purchase agreement was negotiated; and
WHEREAS an independent third-party appraisal, from Judeh & Associates, was secured
for the property, and the appraisal was $325,000.00; and
WHEREAS the purchase price contained in the attached purchase agreement is
$315,000.00; and
WHEREAS Facilities Management, the WRC, 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 authorizes the signing of the attached purchase agreement for a Water
Resources Commissioner office building at 2636 Dixie Highway, in Waterford Township,
Michigan.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
authorizes its Chairperson or his designee to execute the attached purchase agreement and all
other related documents between the County of Oakland and Professional Center, LLC, which
may be required to complete the purchase of the property.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption
of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Gosselin and Woodward absent.
MOTION FOR DIRECT REFERRAL TO THE FINANCE COMMITTEE:
Motion carried on a voice vote.
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT ("Agreement") made and entered into this Jday of
, 2013, ("Effective Date") by and between Professional Center, LLC, PO Box 431860,
Pontiac, Michigan 48343 ("Seller") and • the COUNTY OF OAKLAND, a Constitutional and Municipal
Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341 ("Purchaser"), for the purchase of a one story
building with a lower level and land, located at 2636 Dixie Highway, Waterford, Michigan (Parcel ID Number
13-13-126-020) specifically described in Exhibit A ("Premises") including all rights, title, interests, and mineral
rights or mineral royalty interest in the Premises, Exhibit A is fully incorporated into this Agreement.
1. PURCHASE PRICE/DEPOSIT/OTHER COSTS OR. FEES.
1.1. Purchase Price. Subject to the adjustments and prorations provided for in this Agreement, the
purchase price of the Premises shall be three hundred and fifteen thousand dollars and no cents
($315,000.00) payable as set forth in this Agreement,
1.2, Approval of Agreement. The Oakland County Board of Commissioners shall have until
December 13, 2013, to approve and execute this Agreement. If the Oakland County Board of
Commissioners does not approve and execute this Agreement by that date, then the Agreement
shall be null and void,
1.3, Earnest Money Deposit. Fifteen (15) days after approval from the Oakland County Board of
Commissioners, Purchaser shall deposit with a title company, selected by Purchaser, (the "Title
Company") the sum of twenty thousand dollars and no cents ($20,000.00) ("Deposit"). The
Deposit shall be held in an interest bearing account. The Deposit and the interest accrued shall
be applied toward the purchase price at the time of Closing, if the sale is consummated. or shall
be disbursed to Seller or Purchaser in accordance with the terms of this Agreement.
1.4. Payment of Balance of Purchase Price, This is a cash sale. At the time of Closing, after applying
the Deposit plus any interest, the balance of the purchase price minus any costs adjusted at
closing shall be wired by Purchaser to Seller's bank (or to Title Company), at Seller's option.
1.5. Broker's Fee. Seller, under a separate agreement, shall be responsible for and pay brokers' fee in
connection with the conveyance of the Premises, with fifty percent (50%) of brokers' fee going
to Seller's broker and fifty percent (50%) going to Purchaser's broker. Purchaser's brokers' fee
shall be paid to Signature Associates, One Towne Square, Suite 1200, Southfield, Michigan
48076.
TITLE CONVEYED.
2.1. Form of Conveyance. At Closing, Seller shall convey marketable title to the Premises -to
Purchaser by warranty deed showing no exceptions, except for the "Permitted Exceptions" (as
defined in Section 4).
FINAL
2.2. Sign. The sign for the. Premises, which may or may not be located on the Premises, shall be
included in the conveyance of the Premises to Purchaser,
2.3, Personal Property, All personal property located at or in the Premises at the time of closing shall
become the property of Purchaser, including but not limited to, improvements, fixtures,
equipment, and other items of personalty used in connection with the Premises.
2,4. The Premises shall include all tenements, hereditamems, privileges and appurtenances belonging
or in any way appertaining to the Premises including the following: (1) all future land division
rights (2) all right, title and interest of Seiler in any street, road or avenue, open or proposed, in
front of or adjoining the Premises, or any part thereof, to the centerline thereof, (3) all water, air,
riparian and mineral rights, (4) the use of appurtenant easements, whether or not of record, strips
and rights of way abutting, adjacent, contiguous or adjoining the Premises, and (5) all assignable
licenses, franchises, rights and governmental or other permits, authorizations, consents and
approvals, which arc necessary to own and/or operate the Premises, to the extent that the same
are legally assignable. The Premises shall also include the rights of Seller under any express or
implied guaranties, warranties, indemnifications and other rights, if any, which Seller may have
against suppliers, laborers, materiahnen, contractors or subcontractors arising out of or in
connection with the installation, construction and maintenance of the improvements, fixtures and
personal property on or about the Premises,
2,5. After Seller's written, acceptance of this Agreement, Seller shall not lease, assign, or grant a
security interest or other lieu that would encumber the Premises after closing, unless approved in
writing by Purchaser. Seller warrants that any lease, assignment, security interest or other lien
that would encumber the Premises shall be terminated prior to Closing or satisfied out of the
consideration transferred at the time of Closing.
3. TITLE INSURANCE.
3.1. Fifteen (15) days after approval from the Oakland County Board of Commissioners, Purchaser
shall obtain from the Title Company, a commitment. for an ALTA Owner's Policy of Title
Insurance in the amount of the total purchase price (the "Commitment"). The Commitment shall
be issued by the Title Company, without standard exceptions, and shall bear a date later than the
Effective Date, Wherein the Title Company is to insure the title to the Premises in the condition
required herein.
3.2. At the time of Closing, a Policy of Title insurance shall be issued (in the name of Purchaser)
pursuant to the Commitment,
3.3. The cost of the Commitment and the Policy of Title Insurance shall be paid for by Seller.
3.4. 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, Seller agrees to execute an affidavit indicating
FINAL 2
the following: (1) Seller is not on notice, whether actual or anticipated notice, of any pending
claims against Seller that would affect the sale of the Premises, and (2) there are no court orders
prohibiting the sale of the Premises.
4. TITLE OBJECTIONS.
4.1. Purchaser shall have fifteen (1.5) days after receipt of the Commitment to object to the condition
of the title, based upon written opinion of Purchaser's attorney, that the title is not marketable or
that the Premises are not suitable for Purchaser's intended use (collectively "Title Defects").
4,2. Upon written notice to Seller that, in the opinion of Purchaser's attorney, there are Title Defects,
Seller shall have thirty (30) days from the date Seller is notified of such defect(s) to do either of
the following: (1) remedy the Title Defects to Purchaser's satisfaction at Seller's sole cost or (2)
obtain, at Seller's sole cost and expense, a substitute commitment for title insurance insuring, in
a manner satisfactory to Purchaser, Purchaser's title against such Title Defects.
4.3. If Seller fails to remedy the Title Defects or obtain a substitute commitment for title insurance
within said period, 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 Title Defects can be remedied, if such defects can be remedied i n a reasonable time, or
(3) terminate this Agreement and receive aflull refund of the Deposit and interest.
4.4. if Seller remedies the Title Defects or obtains a title policy within the time period and Purchaser
does not elect to terminate this Agreement, Purchaser shall complete the sale of the Premises
within fifteen (15) days of written notification thereof, but no sooner than the Closing Date
specified herein.
4.5. For all purposes under this Agreement, all matters appearing on the Commitment and the New
Survey which are not objected to by Purchaser shall be deemed "Permitted Exceptions."
5, INSPECTION PERIOD AND DUE DILIGENCE INVESTIGATIONS.
5.1. Inspection Period and Due Diligence Investigation/Examination. Purchaser shall have sixty (60)
days after the Oakland County Board of Commissioners approves this Agreement to conduct due
diligence property investigations/examinations of the Premises ("Inspection Period"), including
but not limited to the following: (1) physical inspection, (2) testing of all aspects of the Premises,
(3) above and below ground environmental assessment, (4) building inspection, (5) review of
easements and restrictions of record, (6) investigation of availability and condition of
utility/sewer services, (7) review of any existing service agreements, (8) review of any applicable
zoning, building and use restriction, and (9) other examinations as set forth below.
5.7 . Survey. Purchaser shall, at its expense, obtain an ALTA/ACSM boundary survey of the Premises
("New Survey"). Purchaser shall have fifteen (1.5) days from the receipt of the New Survey to
determine if it matches the Premises described in Exhibit A. If in the written opinion of
Purchaser's attorney, the New Survey does not match the Premises described in Exhibit A, Seller
FINAL 3
(at its sole cost) shall have thirty (30) days from the date_ Seller is notified, in writing, of the
particular defect(s), to remedy the defects to Purchaser's satisfaction. If Seller fails to or cannot
remedy the defects, 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 and receive a full refund of the Deposit and interest.
If Seller rernedies the defects and Purchaser does not elect to terminate the Agreement, then
Purchaser shall complete the sale of the Premises within fifteen (15) days of written notification
thereof, but no sooner than the Closing Date specified herein
5.3. Phase I Environmental Assessment,
5.3.1. Purchaser shall at its expense obtain a Phase I Environmental Site Assessment ("Phase
1") performed consistent with applicable ASTM standards. IS 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 Purchaser may do any of the following, at
its sole option and cost: (1) terminate this Agreement and receive a full refund of the
Deposit and interest or (2) commission a Phase II Environmental Site Assessment
("Phase II"). Purchaser shall notify Seller within fifteen (15) days after receipt of the
Phase I if it elects to terminate this Agreement or perform. a Phase II.
5.3.3. If Purchaser elects to perform a Phase ii, then the Inspection Period shall automatically
extend for another one hundred and eighty 80) days from the date Purchaser notifies
Seller of such election. If Purchaser is not satisfied with the results of the Phase II, for
any reason, then Purchaser may terminate this Agreement and receive a full refund of
the Deposit and interest.
5,4. Purchaser may perform any other investigations that it, in its sole discretion, shall deem
appropriate,
5.5. Seller shall, no later than five (5) days after the Agreement is approved by the Oakland County
Board of Commissioners, turn over to Purchaser copies of any and all documents and
information Seller has concerning the Premises, including but not limited to, wetland reports,
environmental reports, surveys, soil reports, easements, deed restrictions, past title commitments,
etc.._ Should Seller delay in turning over the above-referenced documents/information, then the
Inspection Period shall extend one day for each day such documents/information is not turned
over to Purchaser,
5.6. 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 in writing and signed by both Parties,
FINAL 4
5.7. Notwithstanding any other term of this Agreement, upon the expiration of the Inspection Period
or within seven (7) days thereafter or at any time during the Inspection Period, Purchaser may
terminate this Agreement, in its sole discretion, by giving written notice to Seller that it is not
satisfied with the condition of the Premises, as evidenced by the due diligence investigations. If
Purchaser terminates this Agreement pursuant to this Section. Purchaser shall receive a full
refund of the Deposit and interest.
5,8. 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 Seller and the Oakland County Board of Commissioners pursuant to
Section 1.2 and if Seller can convey title and comply with all of contingencies set forth in this
Agreement, then Purchaser shall complete the sale on or before February 28, 2014,
6.2, The closing shall be held at the offices of the Title Company. The Title Company will prepare the
necessary documents for signatures.
6.3. Seller, at least five (5) days prior to closing, shall submit to Purchaser all closing documents
required for this sale.
6.4. Seller shall 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 any, (pursuant to
Michigan law) in the condition required by this Agreement and a Non-Foreign Persons Affidavit.
6.5. All financial encumbrances upon the Premises shall be paid and discharged by Seller prior to
closing or shall be paid and discharged using the purchase money for the Premises.
6.6. Seller shall pay for the recording of the Warranty Deed, any notary fees, and the property transfer
tax (revenue stamps).
6.7. At the closing, 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.
6.8. At the closing, Seller will sign a Certificate of Accuracy, regarding the Representations made by
Seller in Section 12.
6.9. Seller and Purchaser will sign andfor prepare any other documents necessary to 'complete the sale
and transfer of the Premises.
6.10. Seller will provide to Purchaser an accounting of all rents and fees, if any, that pertain to the
Premises and were paid to 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.
FINAL 5
closing and Seller shall tender to Purchaser a cashier's check in the amount of those prorated
rents, as well as for any other adjustments or charges as reflected by the closing statement,
6.11. 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; Seller being responsible for taxes up to and
including the date of closing.
7. POSSESSION. Purchaser shall have possession of the Premises on the date closing is complete.
8. RIGHT OF ENTRY AND ACCESS.
8.1. During this Agreement, Purchaser and its employees and agents shall have the right to enter and
access the Premises at reasonable times for the purpose of surveying, testing, performing
environmental impact studies, site planning, and other inspections or testing Purchaser deems
necessary or desirable to determine if the Premises are suitable for Purchaser's use.
All inspections or testing, inside or outside the Premises, shall be coordinated with Seller.
Purchaser or its agents shall be accompanied inside the building by Seller or Seller's
representative durin.g inspections or testing.
8,3. In the event that this sale does not take place. Purchaser, at its own. expense, shall restore the
Premises to substantially the same condition that existed on the date this Agreement was
execute& to the extent such restoration is necessary due to Purchaser's actions.
9. DEFAULT OF SELLER. In the event Seller shall default in. the performance of its obligations herein,
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. Purchaser may specifically enforce this Agreement and require specific performance of this
Agreement by judicial decree; or
Purchaser may terminate this Agreement and receive a full refund of the Deposit and interest.
10. DEFAULT OF PURCHASER. In the event Purchaser shall materially default in the performance of its
obligations herein, Seller may declare that Purchaser has forfeited, all rights hereunder and retain the
Deposit and interest as liquidated damages. The retention of the deposit and interest by Seller shall
cancel this Agreement and be in full and final satisfaction of any and all claims that Seller may bring
against Purchaser.
11, RISK OF LOSS. No risk of loss shall pass to Purchaser prior to closing. Except as otherwise provided
in this Agreement, Purchaser acknowledges the following: (1) 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 Purchaser to inspect the Premises to determine if they are satisfactory to Purchaser.
FINAL 6
12. WARRANTIES BY SELLER. Seller warrants to Purchaser and certifies the following by execution of
this Agreement:
12.1. 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 Seller has to
any third parties; Seller will provide Purchaser with any necessary resolutions, waivers and
consents or other documents that verify Seller has the requisite authority;
12.2. Seller is the fee simple owner of the Premises and will discharge any liens or other encumbrances
prior to closing;
12.3. To 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 Seller or any third
party;
12.4. To 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 Purchaser's right to receive fee title
absolute;
12.5. To 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 Seller's ability to convey the Premises;
12.6. 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;
and
12.6.3. any request by an insurer or a mortgagee of the Premises requiring correction of any
existing conditions; and
12.7, Seller has not used the Premises for the purpose of disposing, refining, generating,
manufacturing, producing, storing, handling, treating, transferring, processing or transporting
Hazardous Materials. 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 PURCHASER. Purchaser warrants the following to Seller:
FIN AL 7
13,1. Purchaser is a Michigan Constitutional and Municipal Corporation; and
13.2. Purchaser has full authority and funding to enter into and perform this Agreement in accordance
with its conditions.
14, LIABILITY. 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 (including
attorney fees) prior to closing, except those losses, claims, suits, causes of action, litigation, or other
demands for damages, arising solely out of the acts of Purchaser or Purchaser's agent(s) while
performing any surveys or due diligence inspections of the Premises prior to the closing. 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,
15. CONDEMNATION/EMINENT DOMAIN.
15.1. 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, Purchaser may, at its option, terminate this
Agreement by giving written notice to Seller, If Purchaser elects to -terminate this Agreement as
a result of a condemnation proceeding or exercise of eminent domain, then Purchaser shall
receive a full refund. of the Deposit and interest, 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.
15.2, If Purchaser does not elect to terminate this Agreement in the event of the exercise of eminent
domain or condemnation, Purchaser shall, accept title to the Premises without any reduction of
the purchase price and Seller shall assign to Purchaser at closing all of Seller's right, title, and
interest in and to any resulting condemnation award.
16. 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: Allen Guilmette
PO Box 431860
Pontiac, Michigan 48343
Purchaser: Property Management Specialist
County of Oakland Department of Facilities Management
One Public Works Dr.
Waterford, Michigan 48328
Oakland County Corporation Counsel
1200 North Telegraph Road, Dept. 419
Pontiac, Michigan 48341
FINAL, 8
161 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
17. TIME OF THE ESSENCE. Time is of the essence for this Agreement.
18, 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.
19. 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.
70. 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.
21. 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.
22. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, rescissions,
waivers, or releases to this Agreement must be in writing and signed by both Parties.
23, GOVERNING LAWS/CONSENT TO JURISDICTION AND VENUE. 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 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 of
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.
24. ENTIRE AGREEMENT. This document represents the entire agreement and understanding between the
Parties. This Agreement supersedes all other prior oral or written understandings, communications,
FINAL 9
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 againstany Party.
FINAL 10
The Parties execute this Agreement as of the dales indicated below.
WITNESSED BY: PURCHASER:
Coututy of Oakland a Michigan Municipal
and Constitutional Corporation
By: Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
The Agreement was acknowledged before me in Oakland County, Michigan on this day of
, 20_ by
, Notary Public
Oakland County, Michigan
Acting in Oakland County, Michigan.
My Commission expires:
WITNESSED BY: SELLER(S):
The Agreement was acknowledged before me in Oakland County, Michigan on this / > day of
, 20z2by
Oakland County, Michigan .
Acting in OafTrn ._CEErffigTM JuromuLIDES My Commission exI 'forARy-puBue-s. TATE OF MICHIGAN COUNTY OF OAKLAND
My Commission Expires June 14, 2016 11 FINAL
NOTE RICHIOAN BELL 7ELPHONE EASEMENT RECORDED IN
ZIBER 5970, PO 577 LIES NOR71-/ OF SUBJECT PROPERTY
40' o'
40' 80'
• 'NI • • El • • • MINIM
THOMAS
M.
SMITH LAND
SURVEYOR
NO.
31605
4.Ea.
SURVE7tATEAL
CFRT FICAT
S ,RV -7 Y
SCALE: 1" 40'
SIR Exhibit LEGEND
Pomo IRON ROD
SET IRON ROD
FOUND IRON P/PE
FIR
SIR
LEGAL DESCRIPTION: L.''.:st'
A- PART OF LOT 8 AND A PART OF
VACATED SILVER DOWNS ST, SILVER
HEIGHTS SUBDIVISION, WATERFORD
TOWNSHIP, OAKLAND COUNTY, MICHIGAN,
DESCRIBED AS BEGINNING AT THE
SOUTHWEST CORNER OF LOT 8; THENCE
N 1342'45" W, 313.32 FEET; THENCE S
4900'00" E, 305.75 FEET; THENCE S
41'00'00" W, 178.10 FEET; THENCE N
52'1910" W, 50,08 FEET TO THE POINT
OF BEGINNING, l
:4'9)
i tt ,--.." 0
i ......- ," -.1'. ,a--'
A
/NORESS—EORESS EASAIENT ' <z _. /4) 6,,\., / ca <2 ' O R).
LIBE/? 34202, PACE 205 ,',R.--Ic_ A 2 ? / ',.;\ ' /\
caTc.) N / '-' co '
\ . n.. \'.
WE HEREBY CERTIFY that we have surveyed the
property 60 K ,v,
marker irons at the corners of the parcel or as
roperty herein described ad thet we have placed 6
indicated in the above sketch and that we have complied with the survey requirements of Public ry"
Act 132 of 1970, as amended. Error of closure D12,)- * '''
A. if, SIR
1;28,300 keadags based on deed of record. ‘1,,o'
7
• 7 V.
LOT 8
\‘,
SIR
THOMAS M SMITHL PS
Registered Land surveyor Michigan 431606
ISSUED FOR: 5-5-12—EASEMENTS REVD BY:
T-OVAS V. SVITH P.S.
PROFESSIONAL LAND SURVEYOR
7559 OLDE STURBRIDGE TRAIL
CLARKSTON, MiCHIGAN 48348 PHONE: (248) 625-3276
I ISSUED FOR:
DRAWN BY TMS JOB No, 12-162 DESCRIPTION
SILVER HEIGHTS
PT. LOT 8 DATE 05-13-12 SHEET No.1 OF I SCALE 1"=40'
FISCAL NOTE (MISC. #13311) December 12, 2013
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: WATER RESOURCES COMMISSIONER — OAKLAND COUNTY PURCHASE
BUILDING AT 2636 DIXIE HWY., WATERFORD TOWNSHIP, MI
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 resolution and finds:
1. This Resolution gives the Oakland County Board of Commissioners approval and
authorization for the signing of the purchase agreement for a Water Resources
Commissioner's office building at 2636 Dixie Highway in Waterford Township.
2. The Water Resources Commissioner is responsible for billing operations of 16
municipalities and recently became responsible for the City of Pontiac's water
and sewer billing operation. The new building will allow billing personnel to be
located in one location for enhanced operational efficiencies and improved
customer service.
3. The purchase price of the building is $315,000 with a one-time estimated
renovation and moving cost of $254,475 for a total cost of $569,475, which can
be funded from the Water Resources Commissioner enterprise funds. The one-
time renovation work will be bid out following Oakland County Compliance Office
policies and procedures.
4. The on-going operating costs for the building will also be funded by the benefiting
water and sewer enterprise funds and will be included with the 2015-2017 budget
process.
5. Oakland County will own the facility and the asset will be recorded in the Drain
Equipment Fund.
The following budget amendment is recommended for Fiscal Year 2014:
Drain Equipment Fund (63900)
Revenue
6010101-149750-695500-57010-26486 Transfer In
6010101-149750-695500-57234-26486 Transfer In
6010101-149750-695500-57434-26486 Transfer In
6010101-149750-695500-58600-26486 Transfer In
6010101-149750-695500-58410-26486 Transfer In
6010101-149750-695500-5-8530-58510-26486 Transfer In
6010101-149750-695500-58700-26486 Transfer In
Total Revenue
Expense
6010101-149750-761084-26486 Depreciation Building
6010101-149750-796500-26486 Budget Equity Adjustment
Total Expense
Water and Sewer Trust Fund (57010)
Revenue
6010101-149290-665882 Planned Use of Balance
6010101-149300-665882 Planned Use of Balance
Total Revenue
Expense
6010101-149290-788001-63900 Transfer Out
6010101-149300-788001-63900 Transfer Out
Total Expense
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Scott and Matis absent.
FY 2014
$113,756
$ 19,415
$ 36,575
$ 96,253
$126,767
$155,998
$ 20,711
$569,475
$ 7,118
$562,357
$569,475
$ 59,195
$ 54,561
$113,756
$ 59,195
$ 54,561
$113,756
Pontiac Sewer/INWTP FUND (57434)
Revenue
6010101-149030-665882 Planned Use of Balance
Total Revenue
$36,575
$36,575
Clinton Oakland SOS FUND (58600)
Revenue
6010101-149667-665882 Planned Use of Balance
Total Revenue
$96,253
$96,253
Huron Rouge SDS Fund (58700)
Revenue
6010101-149667-665882
TotaI Revenue
$20,711
$20,711
Planned Use of Balance
Expense
6010101-149030-788001-63900 Transfer Out
Total Expense
Pontiac Water Fund (57234)
Revenue
6010101-149030-665882 $19,415
$19 415
$19,415
$19 415
Planned Use of Balance
Total Revenue
Expense
6010101-149030-788001-63900 Transfer Out $36,575
Total Expense $36,575
Expense
6010101-149667-788001-63900 Transfer Out
Total Expense
$96,253
$96,253
Evergreen Farmington SDS FUND (58410)
Revenue
6010101-149667-665882 Planned Use of Balance $126,767
Total Revenue $126,767
Expense
6010101-149667-788001-63900 Transfer Out
$126,767
Total Expense $126,767
GWK Southeastern SOS Fund (58-53-0) (58510)
Revenue
6010101-149667-665882 Planned Use of Balance $155,998
Total Revenue $155 998
Expense
6010101-149667-788001-63900 Transfer Out
Total Expense
$155,998
$155,998
Expense
6010101-149667-788001-63900 Transfer Out
Total Expense
Resolution #13311 December 12, 2013
Moved by Spisz supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton,
Quarles, Runestad, Scott, Spisz, Taub, Weipert, Zack, Bosnic, Crawford. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
eh 3
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 December 12,
2013, 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 12th day of December 2013.
Lisa Brown, Oakland County