HomeMy WebLinkAboutResolutions - 2017.02.15 - 22793MISCELLANEOUS RESOLUTION #17039 February 15, 2017
BY: Commissioner Philip J. Weipert, Chairperson, Planning and Building Committee
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION - ACQUISITION OF A 2.7-
ACRE PARCEL LOCATED AT 9821 SASHABAW ROAD IN INDEPENDENCE TOWNSHIP, MICHIGAN
FOR THE EXPANSION OF INDEPENDENCE OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission ("OCPRC") has identified priorities for
acquisition of park lands to provide county-wide recreational experiences and protect natural resources
within the adopted 2013-2017 5-year Recreation Plan ; and
WHEREAS the OCPRC has identified and established priorities for acquisition or management of land to
provide trail and/or green infrastructure connectivity within the adopted 2013-2017 5-year Recreation
Plan; and
WHEREAS the Schubert Living Trust owns 2.7 acres of property at 9821 Sashabaw Road in
Independence Township, Michigan adjacent to Independence Oaks County Park ("Park") and is willing to
convey 2.7 acres to Oakland County pursuant to the terms and conditions contained in the attached
Purchase Agreement with a purchase price of $290,000.00; and
WHEREAS the acquisition of this property will expand Park, protect additional natural resources, protect
a portion of the Clinton River stream corridor, and facilitate trail access between the south and north
areas of the Park; and
WHEREAS the acquisition of the 2.7 acres aligns with the 2013-2017 5-year Recreation Plan; and
WHEREAS the 2.7 acre parcel will be split into two smaller parcels, one parcel with 1.7 acres of land and
a second parcel with 1 acre of land with a residential dwelling located thereon; and
WHEREAS there is no need or benefit for the County to retain the 1 acre parcel with the residential
dwelling located thereon; and
WHEREAS OCPRC proposes selling the 1 acre parcel and the residential dwelling to recoup a majority of
the costs associated with this acquisition; and
WHEREAS the net sale price range of the residential dwelling and 1 acre after the split, is estimated to be
$265,000 to $275,000, making the total estimated net cost for this acquisition $39,408 to $49,408; and
WHEREAS the OCPRC recommends and requests that the Oakland County Board of Commissioners:
approve and execute the attached Purchase Agreement for the 2.7-acre parcel located at 9821
Sashabaw Road in Independence Township, Michigan 48348; and authorize the sale of 1 acre parcel
and residential dwelling thereon, such sale to be facilitated by the Department of Facilities Management
and OCPRC.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners: approves the
attached Purchase Agreement for the 2.7-acre parcel located at 9821 Sashabaw Road in Independence
Township, Michigan 48348; and authorizes the sale of 1 acre parcel and residential dwelling thereon,
such sale shall be facilitated by the Department of Facilities Management and OCPRC.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission authorizes the
creation of a Capital Improvement Project in the amount of $302,408 as a result of the acquisition of said
property, a 2.7-acre parcel located at 9821 Sashabaw Road in Independence Township, Michigan 48348.
BE IT FURTHER RESOLVED that the Board of Commissioners directs its Chairperson or designee to
execute the attached Purchase Agreement on behalf of the County of Oakland.
Chairperson, on behalf of the Planning and Building C mitre, I move f r t1:21ei<7of the foregoing
resolution.
Commissioner Philip Weipert, District #8
Chairperson, Planning & Building Committee
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOLUTION # 17-0002
IN RE: ACQUISITION OF A 2.7-ACRE PARCEL LOCATED AT 9821 SASHABAW ROAD IN
INDEPENDENCE TOWNSHIP, MICHIGAN FROM THE SCHUBERT LIVING TRUST FOR THE
EXPANSION OF INDEPENDENCE OAKS COUNTY PARK
To the Oakland County Parks and Recreation Commission
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Parks and Recreation Commission ("OCPRC") has identified priorities for
acquisition of park lands to provide county-wide recreational experiences and protect natural resources
within the adopted 2013-2017 5-year Recreation Plan ; and
WHEREAS the OCPRC has identified and established priorities for acquisition or management of land to
provide trail and/or green infrastructure connectivity within the adopted 2013-2017 5-year Recreation
Plan; and
WHEREAS the Schubert Living Trust owns 2.7 acres of property at 9821 Sashabaw Road in
Independence Township, Michigan adjacent to Independence Oaks County Park ("Park") and is willing to
convey 2,7 acres to Oakland County pursuant to the terms and conditions contained in the attached
Purchase Agreement with a purchase price of $290,000.00; and
WHEREAS the acquisition of this property will expand, the Park, protect additional natural resources,
protect a portion of the Clinton River stream corridor, and facilitate trail access between the south and
north areas of the Park; and
WHEREAS the acquisition of the 2.7 acres aligns with the 2013-2017 5-year Recreation Plan; and
WHEREAS OCPRC staff recommends that the 2.7 acre parcel will be split into two smaller parcels, one
parcel with 1.7 acres of land and a second parcel with 1 acre of land with a residential dwelling located
thereon; and
WHEREAS there is no need or benefit for the County to retain the 1 acre parcel with the residential
dwelling; and
WHEREAS selling the 1 acre parcel and the residential dwelling provides an avenue to recoup a majority
of the costs associated with this acquisition; and
WHEREAS the net sale price range of the 1 acre parcel with the residential dwelling, is estimated to be
$265,000 to $275,000, making the total estimated net costs for this acquisition, approximately $39,408 to
$49,408; and
WHEREAS OCPRC staff recommends that the OCPRC; approve the attached Purchase Agreement for
the 2.7-acre parcel located at 9821 Sashabaw Road in Independence Township, Michigan 48348 and
forward to the Oakland County Board of Commissioners for approval and execution; and authorize the
sale of 1 acre parcel and residential dwelling thereon, such sale to be facilitated by the Department of
Facilities Management and OCPRC.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission;
approves the attached Purchase Agreement fore 2.7-acre parcel located at 9821 Sashabaw Road in
Independence Township, Michigan 48348 and directs that it be forwarded to the Oakland County Board
of Commission for approval and execution and recommends that the Oakland County Board of
Commissions approval and execute the Purchase Agreement.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission authorizes the
creation of a Capital Improvement Project in the amount of $302,408 as a result of the acquisition of said
property, a 2.7-acre parcel located at 9821 Sashabaw Road in Independence Township, Michigan 48348.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission authorizes the
split of the 2.7 acre parcel and subSequent sale of the 1 acre parcel and residential dwelling thereon,
Such sale shall be facilitated by the Department of Facilities Management and OCPRC and recommends
that the Oakland County Board of Comrhissioners authorize this sale.
Date:
Moved by:
Supported by:
Ayes:
January 11,2017
Mr. VanderVeen
Mr. Baumhart
Baumhart, Fisher, Fowkes,
Kostin, McGillivray, Nash,
Potts, VanderVeen (8)
Nays: (0)
Motion carried on a unanimous voice vote.
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT ("Agreement") is made the Effective Date, as defined in Section
1, by and between the Schubert Living Trust, 9821 Sashabaw Road, Clarkston, MI 48348 ("Seller")
and the COUNTY OF OAKLAND, a Constitutional and Municipal Corporation, 1200N. Telegraph
Road, Pontiac, Michigan 48341 ("Purchaser"), for the purchase of 9821 Sashabaw Road, Clarkston,
MI 48348 with a parcel/tax identification number of 08-03-401-005, 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.
I. 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 two hundred and ninety
thousand dollars ($290,000.00) payable as set forth in this Agreement.
1.2. Earnest Money Deposit. No Earnest Money Deposit is required to be paid by
Purchaser under this Agreement.
1.3. Payment of Balance of Purchase Price. This is a cash sale. At the time of Closing, 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 the Seller's option.
1.4. Broker's Fee/Real Estate Commissioner: Purchaser and Seller acknowledge that
neither Party retained a broker or real estate agent to assist with the sale of the
Premises; thus, there shall be no broker's fee or real estate commission due for this
sale.
1,5. Effective Date, The "Effective Date," for purposes of this Agreement, is defined as
the later date that this Agreement is executed by the Parties.
2. 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),
2.2. Personal Property. Seller may remove and take with it any personal property, not
affixed or in any way attached to the Premises prior to closing. After the Closing
Date, all personal property located at or in the Premises, whether affixed/attached or
not, shall become the property of Purchaser.
2.3. Premises. The Premises shall include all tenements, hereditaments, privileges and
appurtenances belonging or in any way appertaining to the Premises including the
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following: (1) all future land division rights (2) all right, title and interest of Seller 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 are 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, materialmen, 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,
2.4. No Transfer of Interest After Execution. After Seller executes this Agreement, Seller
shall not lease, assign, or grant a security interest or other lien 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, Title Company, The following title company will be used for the sale and transfer of
the Premises: Seaver Title Agency 42651 Woodward Ave Bloomfield Hills, MI
48304 ("Title Company").
3.2. Title Commitment. Within fifteen (15) days of the Effective Date, Seller shall obtain
from the Title Company and deliver to Purchaser, 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,
3.3. Title Insurance Polic . At the time of Closing, Seller shall order and have a Policy of
Title Insurance issued (in the name of Purchaser) pursuant to the Commitment.
3.4. Cost of Commitment and Policy. The cost of the Commitment and the Policy of
Title Insurance shall be paid for by Seller,
3.5. Owner's Affidavit, 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 the following: (1)
Seller is not on notice, whether actual or anticipated notice, of any pending claims
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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. Title Objections. Purchaser shall have fifteen (15) 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. Correction of Title Defects. 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. Failure to Remedy Title Defects, 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 in a reasonable time, or (3) terminate
this Agreement.
4.4. Remedy of Title Defects. 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. Permitted Exceptions. 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 from the Effective Date ("Inspection Period") to conduct the due
diligence property investigations/examinations, 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.
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5.2. Survey. Purchaser shall, at its expense, obtain an ALTA/ACSM boundary survey of
the Premises ("New Survey"). Purchaser shall have fifteen (15) 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 (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. If Seller remedies 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. If the Phase 1 discloses no environmental concerns, then the
Parties will proceed to closing pursuant to Section 6, but no sooner than the
Closing Date specified herein.
5.3.2. If the Phase 1 reveals any contamination or evidence 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 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 for environmental reasons or perform a Phase
5.3.3. If Purchaser elects to perform a Phase II, then the Inspection Period shall
automatically extend for another sixty (60) days from the date Purchaser
notified 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.
5.4. Additional Investigations. Purchaser may perform any other investigations that it, in
its sole discretion, shall deem appropriate.
5,5. Provision of Documents & Information for the Premises. Seller shall, no later than
five (5) days from the Effective Date, 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
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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, Modification of Closing Date. 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.
5.7. Termination of Agreement Because of Due Diligence Investigations. 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.
5.8. Agreement Contingent Upon Due Diligence Investigations. This Agreement is
contingent upon the due diligence investigations and requirements set forth in this
Section.
6. DEVELOPMENT/USEOF PREMISES. Upon written request by Purchaser and at
Purchaser's sole cost, Seller shall cooperate with and shall execute documents or applications
(prepared by Purchaser) that may be necessary (in Purchaser's sole opinion) for Purchaser's
use and development of the Premises, including without limitation, submitting, joining in,
and/or signing petitions for rezoning, site plan approvals, utility approvals, execution of
easements,, land divisions/splits within five (5) calendar days from the written request by
Purchaser,
7. CLOSING, AND CLOSING DOCUMENTS.
7.1. If this offer is executed by both Parties and if Seller can convey marketable title and
comply with all of requirements set forth in this Agreement, then Purchaser shall
complete the sale on or before April 28 th 2017,
7.2. The closing shall be held at the offices of the Title Company. The Title Company will
prepare the necessary documents for signatures.
7.3. Seller, at least five (5) business days prior to closing, shall submit to Purchaser all
closing documents required for this sale.
7.4. 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.
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7,5. 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,
7.6. Seller shall pay for the recording of the Warranty Deed, any notary fees, and the
property transfer tax (revenue stamps).
7.7. 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.
7.8. At the closing, Seller will sign a Certificate of Accuracy, regarding the
Representations made by Seller in Section 12,
7.9. Seller and Purchaser will sign and/or prepare any other documents necessary to
complete the sale and transfer of the Premises. Purchaser's Property Management
Specialist or its Director of Facilities Management shall have the authority to execute
all closing document and other documents necessary to complete the sale and transfer
of the Premises.
7,10. 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 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.
7.11. 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.
8. POSSESSION. Purchaser shall have possession of the Premises on the date closing is
complete.
9. RIGHT OF ENTRY AND ACCESS,
9.1. 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.
9.2. All inspections or testing, on or around the Premises, shall be coordinated with
Seller. Purchaser or its agents shall be accompanied inside the building by Seller
during inspections or testing.
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9.3. 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 executed; to the extent such restoration is necessary due to
Purchaser's actions.
10. 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.
10.1. Purchaser may specifically enforce this Agreement and require specific performance
of this Agreement by judicial decree; or
10.2. Purchaser may terminate this Agreement.
11. 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 terminate this Agreement. This remedy shall be Seller's sole remedy for
Purchaser's default.
12, RISK OF LOSS. No risk of loss for the Premises 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.
13. WARRANTIES BY SELLER. Seller warrants to Purchaser and certifies the following by
execution of this Agreement:
13.1. 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;
13.2. Seller is the fee simple owner of the Premises and will discharge any liens or other
encumbrances prior to closing;
13.3. 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;
13.4. 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;
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13,5. 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;
13,6. Seller has no notice or knowledge of any Of the following:
13.6,1. any planned or commenced public improvements that might result in special
assessments or otherwise directly and materially affect the Premises;
13.6.2. any government agency or court order requiring corrections of any existing
conditions; and
13.6.3. any request by an insurer or a mortgagee of the Premises requiring
correction of any existing conditions; and
13.7. 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").
14. WARRANTIES BY TI-LB PURCHASER. Purchaser warrants the following to Seller:
14.1. Purchaser is a Michigan Constitutional and Municipal Corporation; and
14,2. Purchaser has full authority and funding to enter into and perform this Agreement in
accordance with its conditions.
15. SURVIVAL OF THE WARRANTIES. The warranties of the Parties contained in this
Agreement shall survive for two (2) years after closing.
16. 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
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other demands for damages of any kind pertaining to the Premises prior to the closing, except
as noted above in this Section.
17. CONDEMNATION/EMINENT DOMAIN.
17.1. 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. In the event of
such a termination, the Parties shall have no further rights or obligations under this
Agreement.
17.2. 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,
18. 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: Andreas Schubert
1711 Seymour Lake Road
Oxford, MI 48371
Purchaser: PropertyManagement Specialist
County of Oakland Department of Facilities Management
One Public Works Dr,
Waterford, Michigan 48328
248-858-5380
18.1. 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.
19. TIME OF THE ESSENCE. Time is of the essence for this Agreement,
20, PAYMENT OF FEES. Except as otherwise provided herein, each Party shall pay its own
fees and expenses (including fees of attorneys, accountants, appraisers, etc...) in connection
with the preparation, amendments, enforcement, consents, or waivers of this Agreement.
21. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties,
this Agreement does not and shall not be construed to create any rights in any other person or
entity.
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22, 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.
23. 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.
24, 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,
25. 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.
26. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments,
rescissions, waivers, or releases to this Agreement must be in writing and signed by both
Parties.
27, 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,
28, HEADINGS/CAPTIONS. A headings and captions contained in this Agreement are for
convenience and shall have no substantive meaning and shall not be used in the construction
of any term or condition of this Agreetnent.
FINAL DRAFT (12-13-16) 10
29. COUNTERPARTS/SIGNATURES. This Agreement may be signed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
document. Faxed, scanned, or electronically transmitted signatures on this Agreement or any
notice required herein shall have the same legal effective as original handwritten signatures.
30, ENTIRE AGREEMENT. This document represents the entire agreement and understanding
between the Parties. This Agreement supersedes all other prior oral or written
understandings, communications, 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 against any Party,
FINAL DRAFT (12-13-16) 11
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates indicated
below.
WITNESSED BY: PURCHASER:
County 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
, 20 by
day of
, 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
, 20 by
day of
, Notary Public
Oakland County, Michigan
Acting in Oakland County, Michigan.
My Commission expires:
FINAL DRAFT (12-13-16) 12
Exhibit A—LEGAL DESCRIPTION OF THE PREMISES
The Premises is described as the following: Town 4 North, Range 9 East, Section 3,
Supervisor's Plat No. 11, Part of Lot 30 beginning at the Northwest Lot Corner, thence North 89-
37-30 East 120.44 ft., thence South 51-07-06 East 561,61 ft., thence South 47-56-20 West 225
ft., thence North 45-35-20 West 545.91 ft. to West lot line, thence North 00-17-20 West 120.44
ft, to the beginning with a Tax/Parcel Identification Number of 08-03-401-005, 9821 Sashabaw
Road, Independence Township, Oakland County, Michigan.
PLANNING REVIEW
Acquisition: Schubert Property
12/13/2016 1:21 PM/ Page 1 of 4
OAKLAND COLN-1'1'7*
PLANNING AND RESOURCE DEVELOPMENT
The Planning Review is an overview of potential outcomes for projects that are proposed for funding by the
Oakland County Parks and Recreation Commission (OCPRC). The potential outcomes are related to existing plans,
best practices, demographic and recreational trends, and other supporting documentation and data. The intent of
the Planning Review is to inform the proposed project in a way that will improve outcomes and provide critical
information to the Parks Commission regarding the project's relevance to the goals and objectives of OCPRC.
Budget Center
IND — After acquisition
Scope
The Schubert Property is 2.7-acres of land with a house, identified as parcel number 08-03-401-005 and is located
at 9821 Sashabaw Road in Independence Township, Michigan 48348. This property is a part of an area comprising
12 parcels and an uncertified roadway (RCOC) that are located between Independence Oaks and Independence
Oaks North and are of interest because of the potential to connect the two areas of the park. Acquisition of the
back part of the property, including the stream corridor will increase the effectiveness of efforts to manage natural
resources in the park and protect water quality in the Clinton River headwaters.
We propose acquiring this parcel with the understanding that a lot containing the house will be separated from the
property and placed on the market immediately to be sold.
Project Outcomes
Successful completion of a project is anticipated to have outcomes in the following areas. This section is utilized as
a checklist for completion of items needed for a thorough planning analysis,
Organizational Fit
21 Alignment with Service Portfolio — How will the project align with the Service Portfolio and the
recommendations for provision of services outlined by its Service Inventory and Assessment?
Natural resource stewardship is identified as a core service in the Service Portfolio (GreenPlay LLC, June
2014)
21 Implementation of OCPRC plans— How will the project implement existing OCPRC plans, including strategic
plans, and 5-year parks and recreation master plan?
The Schubert Property Acquisition will implement the following goals and objectives:
RECREATION PLAN Objective 1:1 — Land Acquisition: Identify opportunities and increase parkland for the
purpose of meeting recreational need, improving access to recreation, and/or meeting natural resource
goals (OCPRC, 2013, p, 9:9)
Action 1.1.A. Natural Resource Protection and Restoration: Evaluate opportunities and acquire
land or management contracts to protect and restore natural resources adjacent to Oakland
County Parks (OCPRC, 2013, p. 9;9)
Action 1.1.B. Trail and Green Infrastructure Connectivity: Evaluate opportunities and acquire land
or management contracts to provide trail and/or green infrastructure connectivity between
existing Oakland County Parks and other parks, trails, and/or green infrastructure (0CPRC, 2013,
p. 9:9)
PLANNING REVIEW
Acquisition: Schubert Property
12/13/2016 1:21 PM/ Page 2 of 4
OAKLAND COUNTY PARKS
PLANNING AND RESOURCE DEVELOPMENT,
El Implementation of park planning
Development of the park plan for Independence Oaks is in progress. Commission review of the park plan
is expected in April 2017.
ComplIance
Eli Alignment with standards and best practices How will the project align with documented OCPRC facility
standards and professional best practices, i.e. OCPRC facility standards, CAPRA accreditation standards?
NATURAL RESOURCE MANAGEMENT: Stewardship of the property's natural resources will align with
OCPRC Natural Resources Management Philosophy (OCPRC, 2013, pp. 6:18-19)
CAPRA: 7.1— PARKLAND ACQUISITION PROCEDURES: The agency shall have established policies and
procedures for the acquisition of lands for park, recreation, conservation, and historical-cultural purposes
that are backed by a legal authority and periodically reviewed. This authority usually originates in state
enabling acts, is delegated to local governments and is implemented through local charters and
ordinances (CAPRA, 2014).
El Compliance with OCPRC and Oakland County policies— How does/will the project comply with the policies of
OCPRC and Oakland County?
BOC: The acquisition project will comply with the policies of the Oakland County Board of Commissioners
as related to property acquisition by Oakland County. Compliance with these policies is managed by the
Property Acquisition and Management (PAM) Work Group which includes Jody Hall (0C Corporation
Counsel) and Paul Zachos, Property Manager (0C Facilities, Maintenance and Operations).
FISCAL SERVICES: Property cost and associated acquisition costs (appraisal, survey, etc.) are considered
part of OCPRC's capital budget— a capital project will need to be created and approved by the Parks
Commission in order to allocate this expense appropriately,
El Compliance with regulations, agreements and restrictions — How does/will the project comply with regulations,
agreements — i.e. grant agreements — and restrictions that are currently in place? Will new agreements or
legal documents need to be created?
PARCEL SPLIT: Approval has/will be obtained from Independence Township to split the parcel. Further
approval will be obtained to consolidate the Independence Oaks property.
Sustainability
2 Response to recreational trends— Not applicable
El Response to external context— Not applicable
ET Attendance and participation — Not applicable
Er Maintenance, operational, programming and staffing needs
NATURAL RESOURCE MANAGEMENT: The property may require management of invasive species— costs
are not expected to cause a net increase in operation budget.
ll Public awareness of OCPRC parks and services — Not applicable
PLANNING REVIEW
Acquisition: Schubert Property
12/13/2016 1:21 PM/ Page 3 of 4
gAKLANDCOUNTYPAT',
PLANNING AND RESOURCE DEVELOPMENT
IZI Leveraging of resources — Does the project leverage resources — i.e. grant funds, volunteers, etc.
FUTURE MNRTF GRANTS: Use of this acquisition to mitigate conversion of grant-assisted properties has
the potential to increase the success of OCPRC to receive MN RTF grants in the future
Access to Parks and Recreation
12[ Compliance with ADA standards
Any development of the parcel (such as by the construction of a trail) will be required to comply with
current ADA standards.
RI Universal Access — Not applicable at this time
El Eouitability of access — Not applicable at this time
RI Four Season Access Not applicable at this time
Environmental Stewardship
10 Environmental Regulations
MDEO, Part 301, Inland Lakes and Streams and Part 303, Wetlands Protection will serve as pillar
regulations governing the management and any future development of the property, which is largely
classified as a regulated wetland and contains a navigable water of the state.
12:( Coordination with regional conservation plans
UPPER CLINTON SUBWATERSHED MANAGEMENT PLAN (CRWC, 2006)
SEMCOG Green Infrastructure Vision for Southeast Michigan - Benchmarks green infrastructure in
Southeast Michigan, visions where we want to go, and contains regional policies on how to get there.
10 Environmentally Sustainable Practices — Not applicable at this time
RI Public Awareness of Natural Resources
Oakland County Parks and Recreation's Natural Resource Unit works with the Oakland County Parks
Volunteer Coordinator to offer and recruit for volunteers and public participation in stewardship
workdays at the parks.
The addition of this parcel to the existing park will provide the option for future development of a trail
connecting the existing Northern and Main park units, which would provide public access to unique, high-
quality natural areas within the headwaters of the Clinton River.
Community Involvement
El Public Engagement — How will the project respond to public input? Will new public engagement be
implemented as part of this project?
In the 2010 Community-Wide Survey, respondents were supportive of the acquisition of open space.
Based on the sum of their top two choices, the open space options that households most support are:
"open space should be acquired and improved for passive use" (40%), "open space should be acquired
PLANNING REVIEW
Acquisition: Schubert Property
12/13/2016 1:21 PM/ Page 4 of 4
QAKLAND COUNTYPAR KS
PLANNING AND RESOURCE DEVELOPMENT
and left undeveloped for future generations" (39%), and "open space should be acquired and improved
for passive and active use" (37%). (Leisure Vision (FTC), 2010)
O Community Plans — Not applicable at this time
Local Recreation Providers — Not applicable
Public Involvethent — Not applicable
Budget Effects
Unrestricted Net Position
Acquisition will be funded through Unrestricted Net Position because OCPR does not budget for property
acquisition within the Capital Improvement budget. See January 11, 2017 Commission Memo for a
summary of the costs of acquiring the Schubert Property.
Capital Improvement or Maintenance Budget not applicable
I21 Operating Budget
Long-term changes to the operating budget due to this acquisition are not anticipated.
References
CAPRA. (2014). National Accreditation Standards. Commission for Accreditation of Park and Recreation Agencies /
National Recreation and Park Association.
CRWC. (2006). Upper Clinton Subwatershed Management Plan. Rochester, MI: Clinton River Watershed Council.
Retrieved October 8, 2015, from http://www.crwc.org/watershed/subwatersheds/upperclinton/
GreenPlay LLC. (June 2014). Service Portfolio Project. Waterford, Michigan: Oakland County Parks and Recreation
Commission.
Leisure Vision (ETC). (2010). Community Survey Final Report. Waterford, MI: Oakland County Parks and Recreation
Commission.
OCPRC. (2013). Five Year Parks and Recreation Master Plan 2013 -1=2017. Waterford, Michigan: Oakland County
Parks and Recreation Commission.
Review/Edit Log
Created 2015 10 08— Donna Folland
Reviewed and revised 2015 1008— Brittany Bird, Linda Hegstrom, and Paul Zachos
Updated 2016 12 13— Donna Folland
On ELl Location Map tomne,;517.- I Bradon r 110.11 DSllndependence Oaks Parcel AcquIsitan (sehubert)lon.pdi 0 100 200 Feet I j I nedepend nce Oaks Poten'Ea[i Lanc!ri AcquisKilani QAKLAND COUNTY PARKS Oakland County Parks and Recreation 2800 Watkins Lake Road Waterford, Ml 24-888-0906 SHT. 1 OF 1 minu.DestinationOekland.core Legend , Potential Acquisition Parcel Independence Oaks 1•1 Oakland County Municipal Boundary Parcel Location
FISCAL NOTE (MISC. #17039) February 15, 2017
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION — ACQUSITION OF A 2.7
ACRE PARCEL LOCATED AT 9821 SASHABAW ROAD IN INDEPENDENCE TOWNSHIP, MICHIGAN
FOR THE EXPANSION OF INDEPENDENCE OAKS COUNTY PARK
To The Oakland and 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. Oakland County Parks and Recreation Commission ("OCPRC") has identified priorities for
acquisition of park lands to provide county-wide recreational experiences and protect natural
resources within the adopted 2013-2017 5-year Recreation Plan.
2. The Schubert Living Trust owns 2.7 acres of property at 9821 Sashabaw Road in Independence
Township, Michigan adjacent to Independence Oaks County Park ("Park") and is willing to convey
2.7 acres to Oakland County pursuant to the terms and conditions contained in the attached
Purchase Agreement with a purchase price of $290,000, and an additional is $12,408 needed for
acquisition, closing costs, and contingency, for a total acquisition price of $302,408.
3. The acquisition of this property will expand the Park, protect additional natural resources, protect
a portion of the Clinton River stream corridor, facilitates trail access between the south and north
areas of the Park, and the acquisition aligns with the 2013-2017 5-year Recreation Plan.
4. The 2.7 acre parcel will be split into two smaller parcels, one parcel with 1.7 acres of land and a
second parcel with 1 acre of land with a residential dwelling located thereon. Since there is no
need or benefit for the County to retain the 1 acre parcel with the residential dwelling located
thereon, the OCPRC proposes selling the 1 acre parcel and the residential dwelling to recoup a
majority of the costs associated with this acquisition.
5. The net sale price range of the residential dwelling and 1 acre after the split is estimated to be
$265,000 to $275,000, making the total estimated net cost for this acquisition $39,408 to $49,408.
6. Capital funds are available within the Parks and Recreation Fund to cover the acquisition cost of
$302,408 and proceeds from the subsequent sale of the 1 acre with the dwelling will be credited
back to the Parks and Recreation Fund and adjust the asset records accordingly.
7. Additional operating costs of $12,000 are required for cleanup and minor repairs to the house and
a FY2017 operating budget amendment is recommended.
PARKS AND RECREATION FUND (#50800)
Revenue
5060666-160666-665882 Planned Use of Balance
Total Revenue
Expenses
5060101-160000-730198 Building Maintenance Charges
Total Expenses
FY 2017
$12,000
$12,000
$12,000
$12,000
Commissioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote Woodward and Zack voting no and Bowman absent.
Resolution #17039 February 15, 2017
Moved by Weipert supported by Middleton the resolution (with fiscal note attached) be adopted.
Discussion followed.
AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Long, McGillivray, Middleton, Quarles,
Spisz, Taub, Tietz, Weipert, Berman, Bowman, Crawford, Dwyer, Fleming. (18)
NAYS: Woodward, Zack, Gershenson. (3)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
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 February
15, 2017, 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 15th day of February, 2017.
Lisa Brown, Oakland County