HomeMy WebLinkAboutResolutions - 2004.03.17 - 27561March 4, 2004
MISCELLANEOUS RESOLUTION #04062
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF PURCHASE
AGREEMENT FOR THE SALE OF VACANT EXCESS LAND LOCATED ON FRANKLIN BLVD. IN THE CITY
OF PONTIAC, KNOWN AS PARCEL NO. 14-32-127-002.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of a vacant residential lot located on Franklin Blvd. in
the City of Pontiac known as Parcel No. 14-32-127-002 on the City tax rolls; and
WHEREAS, the property was originally acquired from the State of Michigan for the sum of one dollar in
1953 and utilized as a parking lot for the Child Guidance Clinic, which was located on the adjacent property.
The use of the property was no longer required after the Child Guidance Clinic was discontinued in the 1980's;
and
WHEREAS, The property is presently vacant and exempt from taxation; and
WHEREAS, on May 7, 2002, the Department of Facilities Management received authorization from the
Oakland County Board of Commissioner's Planning and Building Committee to sell the subject property in its as
is condition making no warranties, pursuant to Board of Commissioners Rules and Procedures for the Sale of
Property; and
WHEREAS, the Planning and Building Committee having been advised that all efforts to sell the
property in accordance with Board of Commissioner's Rules and Procedures had failed. On January 27, 2004
the Planning and Building Committee authorized the sale of the property to the abutting property owners for the
sum of $8,000; and
WHEREAS, it is the recommendation of the Department of Facilities Management that the Oakland
County Board of Commissioners waive Board of Commissioners Rule 1(a) of Appendix C and accept and
approve the attached Purchase Agreement to sell the above excess property to Mr. and Mrs. Charles 0.
Leonard for the sum of $8,000.
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the sale of the above property.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby waives
Board of Commissioner's Rule 1(a) and approves and accepts the attached Purchase Agreement for the cash sale
of the above property in its as is condition.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Purchase Agreement and all other related documents, which
may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Palmer and Long absent
PURCHASE AGREEMENT
This Purchase Agreement ("Agreement") is made on March 18, 2004, between
Charles 0. and Demetra B. Leonard, husband and wife whose address is 102 Franklin
Blvd., Pontiac Michigan 48341 ("Purchasers") and the County of Oakland, a Michigan
Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341
("Seller"), as follows:
Offer to Purchase. Purchasers offer and agree to purchase from Seller land
which is located in the City of Pontiac, Oakland County, Michigan, described as:
Lot 16, Assessor's Plat Number 41, City of Pontiac, Part of
the East 1/2 of the Northwest 1/4 of Section 32, T3N, R10E,
City of Pontiac, Oakland County, Michigan, according to the
plat thereof as recorded in Liber 1 of Plats, page 41,
Oakland County Records. Sidwell # 14-32-127-002
Together with all improvements thereon, all division rights, all tenements,
hereditaments, appurtenances, easements and all other real property rights,
therein, except mineral rights retained by the State of Michigan, or other
transferors.
§2. Acceptance. This Offer will be deemed accepted by Purchasers and Seller, upon
both Parties executing and delivering a fully executed copy of this Agreement to
the other Party. The Oakland County Board of Commissioners shall have Ninety
(90) days from the date of Purchasers' 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 this Agreement shall be
null and void and the earnest money deposit shall be returned to Purchasers.
Upon acceptance by both Purchasers 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 Eight Thousand dollars
and 00/100 ($8,000.00) Dollars. The Purchasers shall pay the purchase price in
full in cash or cashier's check at closing.
§4. Deposit. Seller acknowledges, the sum of Five Hundred dollars and 00/100
($500.00) Dollars as an earnest money deposit. The deposit shall be refundable
if the Offer to Purchase is not accepted by Seller in accordance with Paragraph
2. If Seller accepts the Offer to Purchase, the deposit shall be applied to the
purchase price at closing.
§5. Title Insurance. Seller is providing neither title insurance nor a survey of the
above referenced property If Purchasers desire to obtain title insurance or a
survey, they shall do so at their own expense.
§1 .
§6. Warranties and Representations. Except for the following representations and
warranties, the Purchasers take the property in its as is condition without
representation or warranty of any kind by seller.
6.1. Seller is the owner of the property pursuant to a transfer of ownership from
the State of Michigan pursuant to Public Act 223 and has the power and
authority to enter into this Agreement, and this Agreement is not in violation
of any other agreement, convenant, order or decree or any governmental
authority to which Seller or the property is bound.
6.2. 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.
§7. Closing. The Closing shall take place within fifteen (15) days after acceptance
of this Agreement by the Oakland County Board of Commissioners (the "Closing
Date"). The closing shall occur at the offices of the seller, or any mutually
convenient location. At closing, the following shall occur:
7.1. Seller shall execute, and deliver to Purchasers a quit claim deed for the
Land conveying to Purchasers marketable title. Seller shall deliver
possession of the Land to Purchaser at Closing.
7.2. Purchasers shall pay the purchase price by cash or cashier's check.
7.3. Seller shall execute a real estate valuation affidavit reciting the consideration
paid for the Land. Purohasers, shall pay the recording fee for the quit claim
deed and any applica6le trarisfer tax.
§8. Termination.
8.1. In the event of Seller's default under this Purchase Agreement, the
Purchasers, 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.
8.2. In the event of Purchasers' default, Seller shall be entitled to the deposit and
any accrued interest which, except for the Purchasers' default under
Paragraph 10, shall be Seller's sole and exclusive remedy with respect to
the performance of the Purchase Agreement.
8.3. If the Oakland County Board of Commissioners does not accept this
Agreement it shall be liu-II-and Void and terminate.
§9. 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.
§10. Time of Essence. Time is of the essence for this Agreement.
§11. Amendments or Modifications. Any modifications, rescissions, waivers, releases,
or amendments of this Agreement must be in writing and agreed to by both
Parties.
PURCHASERS:
e441,--,
Charles 0. Leonard
2004
2004
,Dated: 2004
§12. Binding Effect.
12.1. This Agreement shall bind the Parties, their successors, and their assigns.
§13. 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.
ACCEPTED BY SELLER:
County of Oakland A Michigan Corporation
By:
Thomas A. Law, Chairperson
Oakland County Board of Commissioners
Dated: „?_
A
Demetra Leonard
Dated:
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Sale of vacant Franklin Blvd. proper
FISCAL NOTE (M.R. #04062) March 18, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF
PURCHASE AGREEMENT FOR THE SALE OF VACANT EXCESS LAND LOCATED ON
FRANKLIN BLVD. IN THE CITY OF PONTIAC, KNOWN AS PARCEL NO. 14-32-127-
002
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 waives Board of Commissioners' Rule 1(a) and
approves and accepts a purchase agreement for the cash sale
of a vacant County-owned residential lot located on
Franklin Blvd. in the City of Pontiac, known as Parcel No.
14-32-127-002.
2. The County will sell the property to Mr. and Mrs. Charles
0. Leonard for the sum of $8,000 in its as is condition
with no warranties.
3. The County was unable to sell the property at its appraised
value of $18,000.
4. The resolution waives Board of Commissioners' Rule 1(a),
which states that no land shall be sold at less than the
lowest appraised value unless such appraised value is
waived by the Board of Commissioners.
5. 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
Motion carried unanimously on a roll call vote.
Resolution #04062 March 4, 2004
The Chairperson referred the resolution to the Finance Committee. There were no objections.
In Testimony Whereof, I have hereunto set my hand and affixed the pal of tpe County of Oakland at
Pontiac, Michigan this 18th day of March, 2004.
Resolution #04062 March 18, 2004
Moved by Crawford supported by Hatchett the resolutions on the Consent Agenda, be adopted (with
accompanying reports being accepted).
Discussion followed.
Vote on resolutions on the Consent Agenda:
AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowell,
Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Webster, Wilson, Zack, Bullard. (25)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
OW*
I HEREBY APPROVE THE FOREGOING RESOLUTION
/2.
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
March 18, 2004 with the original record thereof now remaining in my office.
G. William Caddell, County Clerk