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HomeMy WebLinkAboutResolutions - 2004.08.05 - 27420*A .n•• July 22, 2004 MISCELLANEOUS RESOLUTION # 04175 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: PARKS AND RECREATION COMMISSION - AUTHORIZATION TO NEGOTIATE THE PURCHASE OF ADDITIONAL ACREAGE AT LYON OAKS COUNTY PARK (Part of Tax Bidwell #22-06-400-023, 16.48 Acres) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, upon recommendation of the Oakland County Parks and Recreation Commission, the Oakland County Board of Commissioners accepted the first grant from the Michigan Department of Natural Resources (DNR) for the acquisition of property in Lyon Township for the Development of Lyon Oaks County Park and Rookery through the adoption of Miscellaneous Resolution #90239; and WHEREAS, through the subsequent adoption of Miscellaneous Resolution #92147, Oakland County acquired 672 acres of property in Lyon Township, enabled by the grant from the Michigan Natural Resources Trust Fund, for the purpose of establishing a county park in a section of the county not previously serviced by the county park system; and through an additional DNR Grant and Parks and Recreation funds, the Oakland County Board of Commissioners approved Miscellaneous Resolution #94109, which allowed Oakland County to acquire an additional 101 acres in Lyon Township; and WHEREAS, through the subsequent adoption of Miscellaneous Resolutions #97040, #97041, and 99104, Oakland County acquired an additional 205.8 acres in Lyon Township; and WHEREAS, through the subsequent adoption of Miscellaneous Resolution #98287, Oakland County acquired an additional 39.4 acres in the city of Wixom adjacent to Lyon Oaks County Park; and WHEREAS, the Parks and Recreation Commission has budgeted $100,000 in additional funds for the purchase of 16.48 acres in the township of Lyon adjacent to Lyon Oaks County Park; and WHEREAS, the Parks and Recreation Commission has acted to pursue the purchase of this additional property; and WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed and approved the Offer to Purchase Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the Oakland County Parks and Recreation Commission to proceed with the acquisition of 16.48 acres, part of Tax Sidwell #22-06-400-023. BE IT FURTHER RESOLVED the Oakland County Board of Commissioners authorizes its Chairperson to execute the appropriate and necessary documents to conclude formal negotiations for the acquisition of this property. Chairperson behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANN:NG AND BUILDING COMMITTEE Planning & Building Committee Vote: Motion carried on unanimous roll call vote with Coleman absent PURCHASE AGREEMENT THIS AGREEMENT made and entered into this day of July, 2004, by and between U.S. Real Property, LLC, a Michigan limited liability company, whose business address is 17190 Denver Avenue, Detroit, Michigan 48224 (hereinafter "Seller") and the COUNTY OF OAKLAND, a Michigan Municipal and Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341 (hereinafter "Purchaser"), for the purchase of all right(s), title and interest in the real property, described below, located in the City of Wixom, County of Oakland, State of Michigan (hereinafter the "Premises"); said Premises described as: Legal Description See the attached Exhibit A 1. PURCHASE PRICE/CONSIDERATION Subject to the adjustments and prorations provided for in this Agreement, the purchase price of the Premises shall be One Hundred Thousand and 00/100 Dollars ($100,000.00) payable as follows: Earnest Money Deposit. Purchaser will tender to Seller upon Sellers Acceptance of this Agreement a draft in the amount of Twenty Thousand Dollars ($20,000.00) which Seller acknowledges as good and sufficient Consideration for accepting this Purchase Agreement. Said deposit shall be held by the Lawyers Title Insurance Company, 8080 Ortonville Road, Clarkston, Michigan 48348, (the "Title Company") in an interest bearing short term Certificate of Deposit or other interest bearing account. The deposit and the interest accrued shall be applied toward the purchase price at the time of closing or be disbursed to the Seller or the Purchaser in accordance with the terms of this Agreement. 1.2 Payment of Balance of Purchase Price. This is a cash sale. After applying the earnest money deposit and the accrued interest to the purchase price, the balance of the purchase price shall be wired by Purchaser to Seller's bank or to the Title Company at the time of closing. 1.3 The Oakland County Board of Commissioners shall have 60 days from the date of Seller's acceptance of this Agreement, to accept this Agreement on behalf of the County of Oakland. If the Oakland County Board of Commissioners does not accept this Agreement, then it shall be null and void, and the deposit and any accrued interest shall be returned to the Purchaser. 1.1 1 k 1.4 Due Diligence Contingency. This Purchase Agreement is contingent upon the Due Diligence requirements set forth in Section 5, and its sub-paragraphs, of this Agreement. 1.5 Seller will apply to the City of Wixom to have the Premises split off from parcel 22-06-400-023 .Purchaser will pay any fees levied by the City of Wixom for such property split. 2. TITLE CONVEYED 2.1 Title to the Premises shall be conveyed at the Closing from Seller by warranty deed showing no exceptions except those exceptions to title identified in the Title Commitment delivered to Purchaser under Section three (3). Purchaser will pay for revenue stamps, notary fees, and transfer tax on the deed. 2.2 Upon execution of this purchase agreement by Seller, Seller agrees not to lease, assign, or grant a security interest or other lien that would encumber the Premises after closing, and Seller warrants that any assignment, security interest or other lien that would encumber the Premises after closing shall be satisfied out of the consideration transferred at the time of closing. TITLE INSURANCE At Purchaser's expense, Purchaser will procure a commitment for an ALTA owner's form of title insurance policy, a copy of which will be delivered to Purchaser, which policy will be marked up as of Closing„ and be effective and certified through the date of recording of the title documents, in an amount not less than the purchase price, certified to a date later than the acceptance hereof, and guaranteeing fee simple absolute title in an insurable and marketable condition. Seller agrees to execute a standard form Owner's Affidavit at Closing to assist in Purchaser's efforts to obtain coverage without standard exceptions. Seller shall not have any obligation to provide a boundary or other survey of the property. In addition to the representations and warranties contained in said Owner's Affidavit, Seller agrees to execute an affidavit indicating the following: (i) The sale of the property does not constitute a sale of substantially all of the assets of the limited liability company that will make the company insolvent. (ii) Seller is not on notice, whether actual or anticipated notice, of any pending claims against the Seller that would affect the sale of the property. (iii) There are no court orders prohibiting the sale of the property. 2 4. TITLE OBJECTIONS 4.1. Purchaser shall have twenty (20) days after the signing of this Purchase Agreement by both parties to object to the condition of the title, based upon the written opinion of the Purchaser's attorney that the title is not marketable. Upon written notice by Purchaser to Seller, Seller shall have thirty (30) days from the date Seller is notified of the particular defect(s) claimed, to either (1) remedy the defects, or (2) obtain at its own cost and expense a substitute commitment for title insurance, insuring in a manner satisfactory to Purchaser, the Purchaser's title against such defects claimed. If the Seller fails to remedy the defects or obtain a substitute commitment for title insurance within said period, Purchaser may at its sole option (1) waive said title defects and close subject to same; or, (2) defer the Closing until such time as the defect(s) can be remedied, if such defects can be remedied in a reasonable time; or, (3) terminate this Purchase Agreement. 5. DUE DILIGENCE INVESTIGATIONS The Purchaser will have 120 days after approval and acceptance of this offer by the Oakland County Board of Commissioners (hereinafter "Board"), to conduct the following due diligence property investigations: 5.1 ALTA/ACSM boundary Survey of the property, paid for by Purchaser. 5.2 Phase I Environmental Assessment. Within 60 days of Board acceptance of this agreement Purchaser shall have a Phase 'Environmental Assessment ("EAS Report") performed consistent with applicable ASTM standards. If the EAS Report discloses no environmental concerns, then the Parties will proceed to Closing pursuant to Section 6. If the Phase I Environmental Assessment discloses any environmental issues of concern, then at the sole option of Purchaser, Purchaser may: (i) terminate this Agreement and receive back its deposit and any accrued interest; or (ii) it may commission a Phase II study. Purchaser shall notify Seller within 45 days after receipt of the EAS Report if it elects to terminate this Agreement for environmental reasons. If a Phase II study is commissioned then Purchaser shall have, at its sole option, until November 1, 2004 to either; (i) terminate this Agreement and receive back its deposit: or (ii) proceed to closing pursuant to Section 6. Any notice to terminate this Agreement by Purchaser pursuant to this paragraph shall be given to Seller by November 1, 2004, otherwise the parties shall proceed to Closing pursuant to Section 6. 3 Nothing in this Agreement will prohibit the Parties from modifying or extending the date for Closing if such changes are necessary based upon environmental issues. Such modification or extension must be agreed to in a written addendum to this Agreement signed by both parties. 5.3 Any other investigations that the Purchaser, in its sole discretion, shall deem appropriate. 5.4 Seller will provide Purchaser with soil borings of the Premises, if available. During the 120 day period, the Purchaser and its agents shall have access to the property in order to conduct the investigations listed above. If during the 120 day periods the Purchaser, in its sole discretion, gives written notice to Seller that it is not satisfied with the condition of the Premises, as evidenced by the due diligence investigations, then Purchaser shall be entitled to the return of its earnest money deposit and any accrued interest thereon. In addition, Purchaser shall have fifteen (15) days from and after receipt of the survey to determine if the survey matches the property as described in the legal description. If in the written opinion of the Purchaser's attorney the survey does not match the property as described in the legal description, then upon written notice by Purchaser to Seller, Seller shall have thirty (30) days from the date Seller is notified of the particular defect(s) claimed, to remedy the defects. If the Seller fails to or cannot remedy the defects, Purchaser may at its sole option (1) waive said defects and close subject to same; or, (2) defer the Closing until such time as the defect(s) can be remedied; or, (3) terminate this Purchase Agreement. Any notice that the Purchaser is not satisfied with the survey must be in writing and received by the Seller no later than one hundred and twenty (120) days after approval and acceptance of this offer by the Board. 6. CLOSING, AND CLOSING DOCUMENTS. 6.1 If this offer is accepted by the Seller, and if Seller can convey title as agreed and can comply with all of contingencies of sale described herein, the Purchaser agrees to complete the sale on or before December 31, 2004. Notwithstanding anything in this Agreement to the contrary, all contingencies contained in this Agreement shall expire no later than November 1, 2004. 6.2 The Closing shall be held at the offices of the Title Company, or any other mutually convenient location agreed upon by the parties. Purchaser, or the title company if Purchaser so elects, will prepare the necessary documents for signatures. 4 6.3 Purchaser shall notify Seller in writing, twenty (20) days in advance of the Closing date, and shall prepare and submit to Seller within ten (10) days of Closing all Closing documents required by Purchaser. 6.4 At Closing Seller will sign and deliver a statutory form of a Warranty Deed conveying fee simple absolute title to the Premises, pursuant to Michigan law in the condition required by this agreement, and a Non-Foreign Persons Affidavit, which documents will have also been reviewed and approved by Purchaser. 6.5 At Closing the 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. 6.6 At Closing the Seller will sign a Certificate of Accuracy, regarding the Representations made by Seller in Section 16. 6.7 The Seller and Purchaser will sign and/or prepare other documents necessary to complete the sale and transfer of the Premises. 6.8 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 Closing and Seller shall tender to Purchaser a cashiers check in the amount of those prorated rents, as well as for any other adjustments or charges as reflected by the Closing Statement. 6.10 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 at the end of Closing. 8. LENDER APPROVAL Seller's obligations and duties as contained in this Agreement are wholly conditioned upon Seller receiving approval from its mortgage lender for the division and sale of the property and the removal of the mortgage lien from the property. In the event the mortgage lender does not give its approval to the transactions contemplated by this Agreement, then Seller may terminate this agreement by written notice to be given to Purchaser on or before November 1, 2004. All deposits shall be refunded to the Purchaser in the event of such termination. 5 RIGHT OF ENTRY AND ACCESS While this Agreement is in effect, Purchaser and its employees and agents shall have the right to enter and access the Premises at reasonable times, with reasonable notice to the Seller and Owner, for the purpose of surveying, testing, environmental impact studies, site planning, and other such work as Purchaser deems necessary or desirable to determine the Premises' suitability for the conduct of Purchaser's business. However, in the event that this sale does not take place, then Purchaser, at its own expense, shall restore the property to substantially the same condition as exists on the date of this Agreement, 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, the Purchaser, in addition to other remedies provided by law, may in its sole discretion, elect to 10.1 Specifically enforce this Agreement and require specific performance of this contract by judicial decree if Seller has closed on its acquisition of the Premises and is the Owner of the Premises; Or 10.2 Demand a refund of the entire earnest money deposit, including accrued interest. Return of the deposit shall terminate this Agreement, unless Purchaser has elected to enforce this Agreement as provided above. 11. DEFAULT OF PURCHASER. In the event the Purchaser shall materially default in the performance of its obligations herein, Seller may, in its sole discretion, elect to: 11.1 Specifically enforce this Agreement and require specific performance of this contract; or 11.2 Declare that the Purchaser has forfeited all rights hereunder and retain the earnest money deposit, included accrued interest, as liquidated damages. The retention of the earnest money deposit by Seller shall cancel this Agreement and be in full and final satisfaction of all claims that the Seller may bring against Purchaser, unless the Seller has elected to enforce this Agreement as provided above. 6 • • 12. RISK OF LOSS/"AS IS" PURCHASE No risk of loss shall pass to Purchaser prior to Closing. Except as otherwise provided in Section 14, Purchaser acknowledges that Seller (a) has made no representations or warranties whatever with respect to the property (with the exception of title), (b) specifically disclaims any and all express and implied representations and warranties with respect to the property (with the exception of title), including without limitation, any representations with respect to the physical or environmental condition of the property, the fitness of the property for a particular purpose, whether the property complies with any laws, and (c) the inspection rights set forth below are sufficient to enable Purchaser to inspect the property to determine that it is satisfactory to Purchaser. Accordingly, Purchaser is acquiring the property in its "as is, where is" condition, with all faults. 13. DOCUMENTS TO BE FURNISHED BY SELLER. 13.1 Upon signing this Purchase Agreement the Seller agrees to provide Purchaser with a certified copy of a Resolution of Seller, accepting this Purchase Agreement and authorizing the sale of the Premises to Purchaser in accordance with the terms of this Agreement. 13.2 Provide Purchaser with an easement for emergency vehicles over the existing driveway system on the westerly portion of parcel 22-06-400-023. 14. WARRANTIES BY THE SELLER. The Seller warrants to the Purchaser and shall certify to the Purchaser upon the execution of this Agreement as follows: 14.1 The 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 the Seller has to any partners or third parties (except as otherwise provided in Section 8), and will provide Purchaser with any necessary documents and/or resolutions to be attached hereto as Exhibit B. 14.2 The Seller is the fee simple owner of the Premises and will discharge any liens prior to closing. 14.3 To Seller's actual knowledge, the legal description set forth in this Agreement is an accurate description of the Premises and does not include any adjacent or contiguous land owned by the Seller. 14.4 To Sellers actual knowledge there are no leases, rights of first 7 refusal, contracts, or other agreements of any kind with respect to the Premises, which would impair the Purchasers right to receive fee title absolute except as otherwise disclosed in Section 8 of this Agreement. 14.5 To Sellers actual knowledge there are no lawsuits, actions, or proceedings pending, or, to the best of the Seller's knowledge, threatened by any party, including governmental authorities or agencies, against or involving the Premises which would affect the Seller's ability to convey the Premises. 14,6. The Seller has no notice or knowledge of: (1) any planned or commenced public improvements that might result in special assessments or otherwise directly and materially affect the Premises; (2) any government agency or court order requiring corrections of any existing conditions; any request by an insurer or a mortgagee of the Premises requiring correction of any existing conditions. 14.7 Seller has not used the Premises for the purpose of disposing of, refining, generating, manufacturing, producing, storing, handling, treating, transferring, processing or transporting Hazardous Materials, except for the storage and handling of Hazardous Materials which are used in the ordinary course of the Seller's business and in a manner which was and is in material compliance with those environmental laws described herein. 14.8 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"). (3) 8 15. WARRANTIES BY THE PURCHASER. The Purchaser warrants to the Seller and shall certify to the Seller at the Closing as follows: (1) The Purchaser is a Michigan Municipal and Constitutional Corporation. (2) The Purchaser has full authority and funding to enter into and perform this Agreement in accordance with its conditions, and will provide Seller with the pertinent resolutions which will be attached as Exhibit C. 16, SURVIVAL OF THE WARRANTIES. The warranties of the Parties contained in this Purchase Agreement shall survive for two (2) years after Closing. 17. 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 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, and 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 paragraph. 18. BINDING EFFECT. 18.1 The covenants herein shall be binding upon and inure to the benefit of the administrators and governing body of the parties, as well as any successor administrators or successor governing bodies of the parties. 18.2 This agreement is not binding until executed by both parties. 19. CONDEMNATION. In the event of the institution or proposal of institution of condemnation proceedings prior to Closing, Purchaser shall have the option, in its sole discretion, to terminate this Agreement and receive back the earnest money deposit and any accrued interest, or proceed to Closing. If 9 Purchaser proceeds to Closing, Seller shall assign to Purchaser any and all of Seller's rights to any award or future award pertaining to the Premises, or shall pay to Purchaser any actual payment or award made to Seller as a result of the institution or proposal to institute condemnation. 20. BARGAIN SALE. Seller and Purchaser hereby acknowledge that: (i) the transactions contemplated by this Agreement constitute a "bargain sale" as defined in Treasury Regulation Section 1.170A- 4(c)(2)(ii); (ii) Purchaser agrees to enter into and execute documents reasonably necessary to allow Seller to claim a charitable contribution pursuant to IRS Regulations, including IRS Form 8283. 21. 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: U.S. Real Property, LLC 17190 Denver Avenue Detroit, Michigan 48224 Purchaser: Michael Hughson County of Oakland Facilities Management 1 Public Works Dr. Waterford, Michigan 48328 Any party may, by notice given as aforesaid, change its address for any notice. Any notice by either party shall be sufficient if signed on behalf of said party by any elected or appointed official thereof. 22. TIME OF THE ESSENCE. Time is of the essence for this Agreement. 23. CHOICE OF LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan that are applied to contracts made and to be performed in this State. Venue for any disputes shall be the Oakland County Circuit Court, the Fiftieth District Court, or the United States District Court for the Eastern District of Michigan, unless this 10 paragraph violates any provision of the Michigan Court Rules, or the United States Code. 24. USE OF WORDS. The pronouns and relative words used in this Agreement shall be read interchangeably in masculine, feminine or neuter, singular or plural, as the context requires. 25. SEVERABILITY. If a term, condition, or provision of this Agreement is found, by a court of competent jurisdiction, to be invalid, unenforceable, or to violate or contravene federal or state law, then the term, condition, or provision shall be deemed severed from this Agreement; all other terms, conditions and provisions shall remain in full force and effect. 26. WAIVER. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a further continuing waiver of a term, provision or condition of this Agreement 27. BINDING EFFECT. The terms and conditions of this Agreement shall be binding and shall inure to the benefit of the Parties and their respective heirs, representatives, successors and assigns. 28. ENTIRE AGREEMENT. This document contains the entire agreement of the parties and supersedes all prior agreements, oral or written, between them. It may not be modified, changed or altered unless reduced to writing and signed by each of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below. WITNESSED BY: PURCHASER: County of Oakland By: Thomas A Law, Chairperson Date: Oakland County Board of Commissioners Seller's Acceptance The above offer is accepted by Seller, who agrees to be bound by all of the terms and conditions contained therein. WITNESSED BY: SELLER: 11 U.S. Real Property, LLC, A Michigan Limited Liability Company By: RICHARD J. EMERINE, Member Date: 12 M F OR D BLY PLANT OAKLAND COUNTY PARKS COUNTY PARKS Potential Lyon Oaks Acquisition COUNTY LOCATION MAP Lyon Oaks County Park 305 610 1,220 1,830 ;:peet 4 Ir 11 Resolution #04175 July 22, 2004 The Chairperson referred the resolution to the Finance Committee. There were no objections. / FISCAL NOTE (M.R. #04175) August 5, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: PARKS AND RECREATION COMMISSION - AUTHORIZATION TO NEGOTIATE THE PURCHASE OF ADDITIONAL ACREAGE AT LYON OAKS COUNTY PARK (PART OF TAX SIDWELL #22-06-400-023, 16.48 ACRES) 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. Oakland County Parks and Recreation (OCPR) is authorized to purchase 16.48 acres at Lyon Oaks County Park for further development of Lyon Oaks County Park. 2. The Oakland County Parks and Recreation Commission has budgeted $100,000 for the purchase of the land and closing costs estimated at $7,000, to be paid from the Capital Improvement Fund for the purchase of the 16.48 acres. 3. Facilities Management and Corporation Counsel have reviewed and approved the Offer to Purchase Agreement. 4. No General Fund County match is required. FINANCE COMMITTEE (17-47( FINANCE COMMITTEE Motion carried unanimously on a roll call vote. In Testimony Whereof, I have hereunto set my hand and affixed the seal of thezpounty of Oakland at Pontiac, Michigan this 5th day of August, 2004. Resolution #04175 August 5, 2004 Moved by Scott supported by Suarez the resolutions on the Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Douglas, Hatchett, Jamian, Knollenberg, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Bullard. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with accompanying reports being accepted). 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 August 5, 2004 with the original record thereof now remaining in my office. G. William Caddell, County Clerk