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HomeMy WebLinkAboutResolutions - 2018.10.10 - 23816MISCELLANEOUS RESOLUTION. #18334 September 27, 2018 BY: Commissioner Philip Weipert, Chairperson, Planning & Building Committee IN RE: FACILITIES MANAGEMENT/FACILITIES MAINTENANCE & OPERATIONS — FORMER ANIMAL SHELTER GAZEBO REMOVAL PROJECT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS County-owned property on Brown Road (home to the former Animal Shelter) has a wooden gazebo (see attached pictures) on the grounds east of the main building; and WHEREAS the gazebo was donated in 2004 by Ms. Linda Wasche in memory of her father, Mr. Michael Wasche ("donated gazebo") (see attached letter); and WHEREAS the Board of Commissioners accepted the donated gazebo in MR 04-190; and WHEREAS the value of the donated gazebo was $27,000 in 2004; and WHEREAS when the current Animal Shelter and Pet Adoption Center was constructed in Pontiac, the Department of Facilities Management evaluated whether to relocate the donated gazebo near the new Shelter; and WHEREAS the costs to remove and relocate the donated gazebo were more than anticipated so the Department of Facilities Management decided to build a new gazebo at the new Shelter; and WHEREAS the non-profit, Polly Ann Trail Management Council, Inc. ("Council") has requested to take ownership and possession of the donated gazebo for placement along the Polly Ann Trail; and WHEREAS the Council would be responsible for all costs associated with the removal and relocation of the donated gazebo, including dis-assembly and moving; and WHEREAS given that the donated gazebo will be placed along a public trail, the Department of Facilities Management recommends that the County transfer ownership of the donated gazebo to the Council in accordance with the attached Bill of Sale. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves and authorizes the sale of the donated gazebo to the Polly Ann Trail Management Council, Inc., pursuant to the attached Bill of Sale, for $1 plus all costs associated in its removal and relocation. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson to execute the attached Bill of Sale and any other documents needed to accomplish the transfer of ownership. Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the,,foregOing resolution. Commissioner Philip Weipert, District #8 Chairperson, Planning & Building Committee PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote with Tietz absent. BILL OF SALE This Bill of Sale, is executed and delivered as of , 20 , by the County of Oakland, a Michigan Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 (the "Seller"), to and in favor of the Polly Arm Trail Management Council, Inc„ 23 E. Elmwood, P.O. Box 112, Leonard, MI 48367 (the "Buyer"). Seller transfers and conveys to Buyer a wooden gazebo located at 1700 Brown Road, Auburn Hills, MI 48326, and depicted in Exhibit A, which is attached and incorporated herein (hereinafter the "Property"). The Buyer shall pay consideration in the amount of one dollar (81.00) for the Property transferred and conveyed pursuant to this Bill of Sale. Seller represents and warrants to Buyer that: (1) Seller owns of the Property; (2) the Property is free and clear of all liens; and (3) Seller has the full right, power, and authority to sell the Property and to deliver this Bill of Sale. Buyer is responsible for all costs associated with the removal and relocation of the Property from its location. Seller is not responsible for any costs associated with the transfer of ownership of the Property, THE PROPERTY COVERED BY THIS BILL OF SALE IS PURCHASED BY THE BUYER "AS IS," "WHERE IS," AND "WITH ALL FAULTS." BUYER ACKNOWLEDGES THAT, WITH THE EXCEPTION OF THE FOREGOING WARRANTIES OF TITLE, NO WARRANTIES OF ANY NATURE ARE BEING PROVIDED BY SELLER TO THE BUYER, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SELLER: The County of Oakland, a Michigan municipal and Constitutional Corporation By: Its: BUYER: Polly Ann Trail Management Council, Inc. 23 E. Elmwood, P.O. Box 112 Leonard, MI 48367 By: Its: DRAFT 8-24-18 Linda Wasche 2222 Pontiac Dr., Sylvan Lake, Michigan 48320 Lindaw@LWmarketiAtorks.com / 248-253-0300 August 6, 2018 Gerald Poisson Senior Oakland County Executive Executive Office Building 41 West 2100 Pontiac Lake, Rd. Waterford, Michigan 48328-0409 Dear Mr. Poisson, I am writing to convey my support and approval regarding the removal and relocation of the gazebo donated by my family, in my father's memory, to Oaldand County Animal Care Center. We understand that the gazebo will be moved to a new location on the Polly Ann Trail, on Clarkston Rd., one block east of Joslyn Rd. I am happy that the County has found this new location and am hoping that the gazebo will be enjoyed by many as they experience the natural beauty of the Polly Ann Trail in the years to come , Thank you. Sincerely,— Lida Wasche cc: Larry Obrecht jobrechtl@icloud.comj Resolution #18334 September 27, 2018 The Chairperson referred the resolution to the Finance Committee. There were no objections. rTh 7P0-?1n<=e,-e // Commissioner Thomas Middleton, District #4 Chairperson, Finance Committee FISCAL NOTE (MISC. #18334) October 10, 2018 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: FACILITIES MANAGEMENT/FACILITIES MAINTENANCE & OPERATIONS — FORMER ANIMAL SHELTER GAZEBO REMOVAL PROJECT 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. Resolution authorizes the sale of the donated gazebo to the Polly Ann Trail Management Council, Inc. 2. The County will sell the gazebo for the sum of $1.00 plus all costs associated in its removal and relocation to the Polly Ann Trail Management Council, Inc. as outlined in the agreement. 3. No budget amendment is required. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #18334 October 10, 2018 Moved by Berman supported by Jackson the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Crawford. (20) 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 HEREBYAPPFIO TH VE -I‘S FIESOLUTION 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 October 10, 2018, 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 10'h day of October, 2018. z_-- Lisa Brown, Oakland County