HomeMy WebLinkAboutResolutions - 2000.09.07 - 26258REPORT (Misc. #00226) September 7, 2000
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - OFFER TO PURCHASE 20.06
ACRES OF RESIDENTIAL PROPERTY LOCATED IN THE CITY OF PONTIAC, KNOWN AS
TAX IDENTIFICATION NO. 14-15-276-001
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced
resolution, recommends that the title be amended to read:
DEPARTMENT OF FACILITIES MANAGEMENT OFFER TO PURCHASE SALE OF 20.06
ACRES OF RESIDENTIAL PROPERTY LOCATED IN THE CITY OF PONTIAC, KNOWN AS
TAX IDENTIFICATION NO. 14-15-276-001
Chairperson, on behalf of the Finance Committee, I move
acceptance of the foregoing report.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOLUTION #00226 SEPTEMBER 7, 2000
BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON
In RE: DEPARTMENT OF FACILITIES MANAGEMENT — OFFER TO PURCHASE 20.06 ACRES OF
RESIDENTIAL PROPERTY LOCATED IN THE CITY OF PONTIAC, KNOWN AS TAX
IDENTIFICATION NO. 14-15-276-001
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
CHAIRPERSON, LADIES, AND GENTLEMEN:
WHEREAS, the County of Oakland is the owner of a 20.06 acre parcel of residential property located
in the City of Pontiac known as Tax Identification No. 14-15-276-001 on the City tax rolls and being more
specifically described as:
That part of the east % of the northeast 1/4 of section 15, T.3N., R.10E., City of Pontiac, Oakland
County, Michigan, lying easterly of the easterly right-of-way line of M-24 highway (Perry Street), said
right-of-way line being 78.00 feet easterly of the centerline of M-24 as established by MDOT Project
No. 28561A, control section 63091, construction sheets No. 18-22. Said parcel more particularly
described as:
Beginning at the east 1/4 corner of said section 15 thence south 87°59'53" west, 932.36 feet
along the east — west 1/4 line of said section 15 to the east line of the easterly right-of-way line
of M-24 highway, thence along the said right-of-way line on a non-tangent curve to the left
a distance of 1361.56 feet, having a radius of 2213.41 feet, passing through a central angle
of 35°14'42", with a chord bearing north 24°50'04" east 1340.20 feet; thence continuing
along said right-of-way line north 07°12'43" east, 548.82 feet; thence continuing along said
right-of-way line on a tangent curve to the right a distance of 626.38 feet, having a radius of
1646.33 feet, passing through a central angle of 21°47'58", with a chord bearing north
18°06'42" east, 622.61 feet to a point on the east line of said section 15; thence along said
line south 02°37'39" east 2322.37 feet to the Point of Beginning. Containing 20.06 acres of
land, more or less, and being subject to existing easements and restrictions of record, if any.
WHEREAS, the above described property was originally acquired pursuant to Oakland County Board
of Supervisor's, Resolution #1812 of 1940 from the State of Michigan for the use and benefit of the Oakland
County 4-H Clubs; and
WHEREAS, the Oakland County 4-H Clubs have not occupied the property since the early 1970's;
and
WHEREAS, the property had been subsequently occupied by Project Warmth (OLSHA) and Furniture
Resource Center until August 2000; and
WHEREAS, on March 28, 2000, the Department of Facilities Management received authorization
from the Oakland County Board of Commissioners' Planning and Building Committee to advertise for the sale
of this property pursuant to Board of Commissioners' procedures for the sale of county-owned property; and
WHEREAS, pursuant to the Board of Commissioner's Procedures for the Sale and Purchase of
Property, this property was advertised for sale in the Oakland Press, Craine's Detroit Business and on the
Oakland County Government Internet Website to receive sealed offers; and
WHEREAS, on August 2, 2000, four offers were received for the sale of the property; and
WHEREAS, it is the recommendation of the Department of Facilities Management to accept the
Planning and Building Committee Vote:
Motion carried unanimously on a roll call vote with Schmid absent.
ANNING AND BU
highest offer of Sherr Development Corporation, 31555 West Fourteen Mile Road, Suite 101, Farmington
Hills, Michigan 48334, in the amount of $510,000; and
WHEREAS, upon acceptance of the Purchase Agreement from Sherr Development Corporation in
the amount of $510,000, the County of Oakland hereby agrees to sell 20.06 acres of residential land located
in the City of Pontiac, Michigan, known as Tax Identification No. 14-15-276-001.
WHEREAS, the Department of Facilities Management along with Corporation Counsel have reviewed
all the necessary agreements and documents.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
accepts the Purchase Agreement from Sherr Development Corporation in the amount of $510,000 for the
purchase of 20.06 acres of residential land located in the City of Pontiac, being more specifically described
as:
That part of the east 1/2 of the northeast 1/4 section 15, T.3N., R.10E., City of Pontiac, Oakland County,
Michigan, lying easterly of the easterly right-of-way line of M-24 highway (Perry Street), said right-of-
way line being 78.00 feet easterly of the centerline of M-24 as established by MDOT Project No.
28561A, control section 63091, construction sheets No. 18-22. Said parcel more particularly
described as:
Beginning at the east 1/4 corner of said section 15 thence south 87°59'53" west, 932.36 feet
along the east — west 1/4 line of said section 15 to the east line of the easterly right-of-way line
of M-24 highway, thence along the said right-of-way line on a non-tangent curve to the left
a distance of 1361.56 feet, having a radius of 2213.41 feet, passing through a central angle
of 35°14'42", with a chord bearing north 24°50'04" east 1340.20 feet; thence continuing
along said right-of-way line north 07°12'43" east, 548.82 feet; thence continuing along said
right-of-way line on a tangent curve to the right a distance of 626.38 feet, having a radius of
1646.33 feet, passing through a central angle of 21°47'58", with a chord bearing north
18°06'42" east, 622.61 feet to a point on the east line of said section 15; thence along said
line south 02°37'39" east 2322.37 feet to the Point of Beginning. Containing 20.06 acres of
land, more or less, and being subject to existing easements and restrictions of record, if any.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs
its Chairperson or its designee to execute the necessary documents for the sale of this property located in
the City of Pontiac and identified as Tax Identification No. 14-15-276-001.
BE IT FURTHER RESOLVED that it is mutually understood this is a cash sale and "as is" condition.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PURCHASE AGREEMENT
This Purchase Agreement ("Agreement") is made on
, 2000, between Sherr Development Corporation,
a Michigan Corporation, 31555 W. Fourteen Mile Road, Suite 101, Farmington
Hills, MI 48334 ("Purchaser"), and the County of Oakland, a Michigan
Constitutional Corporation, 1200 North Telegraph Road, Pontiac, MI 48341
("Seller"), as follows:
1. Offer to Purchase. Purchaser offers and agrees to purchase from Seller
approximately 20.06 acres plus or minus of land which is located in the
City of Pontiac, Oakland County, Michigan, which is specifically described
in Exhibit A attached and incorporated by this reference (the "Land"),
together with all improvements thereon, all land division rights, all
tenements, hereditaments, appurtenances, easements and all other real
property rights therein.
2. Acceptance. This Offer will be deemed accepted by Purchaser and Seller,
upon both Parties executing and delivering a fully executed copy of this
Agreement to the other Party. Purchaser has until September 29, 2000 at
5:00 p.m., local time, to accept this offer, and if not accepted within such
time shall become null and void. Upon acceptance by both Purchaser and
Seller, the Agreement shall be binding and may only be terminated in the
manner provided herein.
3. Purchase Price. The purchase price of the Land shall be Five Hundred
Ten Thousand and 00/100 ($510,000.00) Dollars. The Purchaser shall
pay the purchase price in full at closing.
4. Deposit. Purchaser shall pay to Seller the sum of Fifty-One Thousand and
00/100 ($51,000.00) Dollars as a deposit at the time of delivery of the
Offer to Purchase. The deposit shall be refundable if the Offer to
Purchase is not accepted by Seller in accordance with Paragraph 2. If the
Offer to Purchase is accepted by Seller, then the deposit shall be placed
in an interest bearing account by Seller. The deposit, plus the interest
earned, shall be applied to the purchase price at closing.
5. Inspection Period. Purchaser shall have ninety (90) days, after this
Agreement is executed by both Parties to inspect the Land in order to
determine that the Land is suitable for development. If Purchaser, in its
sole discretion, elects to terminate this Purchase Agreement during this
Inspection Period, then Purchaser shall send Seller written notice of such
termination prior to the end of the Inspection Period and Seller shall return
the deposit to Purchaser in full termination of the rights of the Parties
hereunder. If Purchaser does not send notice of termination to Seller
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within the time required by this Paragraph, then the deposit shall become
irrefundable and the Parties shall proceed toward a closing.
6. Title Insurance. Within 30 days after entering into the Purchase
Agreement, Seller shall provide to Purchaser a commitment for a standard
ALTA fee owner's policy of title insurance, issued by a reputable title
insurance company and, at closing, Seller will pay the premium for
issuance of such a policy
7. Title Objections. Purchaser shall have 30 days after receipt of such
commitment to object that the title is not marketable. Upon written notice
by the Purchaser, Seller shall have 30 days from the date Seller is
notified, of the particular title defect(s), to either (1) remedy the title
defects, or (2) obtain a commitment for title insurance, insuring
Purchaser's title against such title defects. If Seller fails to remedy the
defects, or obtain such commitment for title insurance within said period,
Purchaser may waive said title defects and close subject to it or demand
and receive a refund of the deposit.
8. Warranties and Representations. Except for the following representations
and warranties, the Purchaser takes the property in its as is condition
without representation or warranty of any kind by seller:
8.1. Seller is the fee simple owner of the property and has the power
and authority to enter into this Agreement, and this Agreement is
not in violation of any other agreement, covenant, order or decree
of any governmental authority to which Seller or the property is
bound.
8.2. The legal description set forth in this Agreement is an accurate
description of the Land and does not include any adjacent or
contiguous land owned by the Seller.
9. Closing. The Closing shall take place within thirty (30) days after the
expiration of the Inspection Period (the "Closing Date"). The closing shall
occur at the offices of the title company or any mutually convenient
location. At closing, the following shall occur:
9.1 Seller shall execute, and deliver to Purchaser a warranty deed for
the Land conveying to Purchaser marketable fee simple title. Seller
shall deliver possession of the Land to Purchaser at Closing.
9.2 Purchaser shall pay the purchase price, as adjusted, to Seller by
wire transfer. The purchase price shall be wired to Oakland County
at: National City Bank, C. Hugh Dohany, Transfer Account,
Account Number 8130416251, ABA 072 000 915, Checking
Account.
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9.3 Seller shall pay all real estate taxes or special assessments which
have been assessed against the Land and are due at the Closing
Date. The current real estate taxes shall be prorated to the Closing
Date in accordance with the due date basis of the taxing entity in
which the Land is located.
9.4 The deposit, plus interest, described in Paragraph 4 shall be
credited against the purchase price.
9.5 Seller shall execute a real estate valuation affidavit reciting the
consideration paid for the Land and shall pay the cost of state and
county transfer taxes. Purchaser shall pay the recording fee for the
warranty deed.
10. Right of Entry. During the Inspection Period, Purchaser shall have the
right, at its own peril and risk and with no liability to be incurred by Seller,
to enter upon the Land for purposes of surveying, making such soil boring
or other tests or engineering studies, collecting architectural data and
generally doing such other work as Purchaser deems necessary or
desirable to determine the Land's suitability for the conduct of Purchaser's
business thereon, after having provided reasonable notice to Seller of
such entry. If Purchaser does not purchase the Land, Purchaser will
restore the Land to substantially the same condition as exists on the date
hereof to the extent such restoration is necessary due to Purchaser's
actions. Purchaser shall indemnify and hold Seller harmless from any and
all claims, costs, loss, liability, demands or expenses resulting from such
entry on the Land by Purchaser, or its agents, employees or assigns at no
expense to Seller. In the event Purchaser does not close on the purchase
of the Land, then Purchaser shall provide copies to Seller of all surveys
studies, plans and other documents which it has obtained in its activities
related to development of the Land.
11. Termination.
11.1. In the event of Seller's default under this Purchase Agreement, the
Purchaser in addition to other remedies provided law, shall be
entitled to a refund of the Deposit or, in its discretion, may elect to
enforce performance of this Purchase Agreement by judicial decree
without regard to the adequacy or availability of any other legal
remedy.
11.2. In the event of Purchaser's default, Seller shall be entitled to the
deposit plus interest which except for the Purchaser's default under
Paragraph 10, shall be Seller's sole and exclusive remedy with
respect to the performance of the Purchase Agreement.
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11.3. If this Agreement is not approved by the Oakland County Board of
Commissioners, it shall be null and void.
12. Notices. Any notice required or permitted to be given to either Party by
the other pursuant to this Purchase Agreement shall be deemed to be
sufficient if in writing and sent by certified or registered mail, postage
prepaid to the address shown on Page 1 of this Agreement or at such
other address as either Party shall designate by written notice to the other.
Such notice shall be deemed given two (2) days after it is posted.
13. Brokers. Seller and Purchaser each represent that they have not dealt
with any broker with respect to this Agreement and, as a covenant
surviving settlement, agree to indemnify and hold the other harmless from
any fees or commissions claimed by any other parties with whom it has so
dealt.
14. Governing Law. This Agreement is made and entered into in the State of
Michigan and shall in all respects be interpreted, enforced, and governed
under the laws of the State of Michigan.
15. Time of the Essence. Time is of the essence for this Agreement.
16. Amendments or Modifications. Any modifications, rescissions, waivers,
releases, or amendments of this Agreement must be in writing and agreed
to by both Parties.
17. Binding Effect
17.1. This Agreement shall bind the Parties, their successors, and their
assigns.
17.2. Purchaser may freely assign its interest hereunder.
18. Condemnation
18.1. In the event that notice of any action, suit or proceeding shall be
given prior to the closing date for the purpose of condemning any
part of the property, Purchaser may terminate this Agreement
within fifteen (15) days after receiving notice of such condemnation
proceeding. Purchaser must notify the Seller in writing of its
decision to terminate the Agreement.
18.2. Upon receipt of the notice of termination, the deposit, including the
interest accrued, shall be refunded to Purchaser, and the proceeds
resulting from the condemnation shall be paid to Seller.
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18.3. In the event Purchaser shall not elect to terminate this Agreement,
the proceeds of the condemnation shall be assigned and belong to
Purchaser.
19. Signage. As long as this Agreement remains in effect, Purchaser and/or
any affiliated company or agent of Purchaser, shall have the exclusive
right to erect and maintain signage on the property advertising the
property for sale, lease and/or development, provided that any such
signage shall comply with the applicable sign ordinances.
20. Entire Agreement. This Agreement contains the entire Agreement
between the Parties. This Agreement supersedes all other agreements,
either oral or in writing, between the Parties. The singular number shall
include the plural and the plural shall include the singular.
To evidence their intention to be bound by the terms and conditions of this
Agreement, the Parties have signed this Agreement on the date appearing below
each of their respective names.
PURCHASER: ACCEPTED BY SELLER:
Sherr Development Corporation, County of Oakland,
A Michigan corporation A Michigan corporation
By: By
Roger Sherr Its:
Dated: Dated:
PURCHASER HEREBY ACKNOWLEDGES DELIVERY OF THE ACCEPTED
OFFER TO PURCHASE.
Sherr Development Corporation
A Michigan corporation
By:
Roger Sherr
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FISCAL NOTE (Misc. #00226) September 7, 2000
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - OFFER TO PURCHASE 20.06
ACRES OF RESIDENTIAL PROPERTY LOCATED IN THE CITY OF PONTIAC, KNOWN AS
TAX IDENTIFICATION NO. 14-15-276-001
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. The resolution accepts an offer from Sherr Development
Corporation of Farmington Hills, Michigan, to purchase
20.06 acres of County-owned residential property in the
City of Pontiac (Tax Identification No. 14-15-276-001) in
the amount of $510,000.
2. The proceeds of the sale will be receipted in the Building
Improvement Fund (Fund #401) in the Sale of Land and
Building Revenue Account #14-110006-10000-1588.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
HE FOREGOING RESOLyr
/e/ero
I HEREBY
L. Brooks
Resolution #00226 September 7, 2000
Moved by Palmer supported by Millard the Finance Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Millard the resolution be adopted.
Moved by Palmer supported by Millard the resolution be amended to coincide
with the recommendation in the Finance Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Galloway, Garfield, Gregory, Law, McCulloch, McPherson, Melton,
Millard, Moffitt, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos, Appel,
Buckley, Causey-Mitchell, Coleman, Douglas. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 September 7, 2000 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 7tbl day geSeptember, 2000.
G. William Caddell, County Clerk