HomeMy WebLinkAboutResolutions - 2006.11.30 - 28272November 2, 2006
MISCELLANEOUS RESOLUTION # 06214
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF
PURCHASE AGREEMENT FOR THE ACQUISITION OF APPROXIMATELY 10-ACRES, PARCEL No.
08-19-351-003 (Part) FOR FUTURE SITE OF 52-2 DISTRICT COURTHOUSE.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is responsible for providing adequate courthouse facilities for
the 52-2 District Court; and
WHEREAS, the 52-2 district court is presently housed in a leased facility located at 5850 Lorac
Dr., Clarkston, Michigan; and
WHEREAS, pursuant to the authorization of the Oakland County Planning and Building Committee
the Department of Facilities Management with the assistance of Oakland County Corporation Counsel have
negotiated the terms and conditions of the attached Purchase Agreement with North Pointe Development
Company, LLC for the purchase of approximately 10-acres located on Dixie Highway near 1-75 in
Independence Township for the future construction of a new courthouse facility, and
WHEREAS, the Oakland County Department of Facilities Management has budgeted sufficient
funds to complete the purchase of said property, and
WHEREAS, pursuant to the terms and conditions of said Purchase Agreement the County shall
pay North Pointe Development Company, LLC the sum of $2,500.000 via a cash sale for the purchase of
part of parcel No. 08-19-351-003 subject to the County performing its required due diligence investigation
of the subject property, and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed
and/or prepared all necessary documents related to the attached Purchase Agreement and recommend its
approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached Purchase Agreement between the County of
Oakland as purchaser and North Pointe Development Company, LLC of Flint, Michigan, seller for a cash
sale purchase of part of parcel no. 08-19-351-003.
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 between the County of Oakland and North Pointe Development Company, LLC, 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 unanimously on a roll call vote with Potter absent
PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this day of 9j
2006, by and between North Pointe Development Company, LLC, a Michigan Limited
Liability Company, 5500 River Wood Drive, Flint, MI 48532 (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 Township of
Independence, County of Oakland, State of Michigan (hereinafter the "Premises"); said Premises
described as:
Part of Parcel No. 08-19-351-003
Parcel A, containing approximately 9 acres
A parcel of land being part of the Southwest 1/4 of Section 19 and part of the Northwest 1/4 of
Section 30, T4N, R9E, Independence Township, Oakland County, Michigan and being more
particularly described as follows: Beginning at the Northwest Comer of Section 30, T4N, R9E,;
thence North 256.84-ft. along the West line of Section 19 to the Southeast corner of Springdale
Estates as recorded in Liber 80, Page 31 of Plats, Oakland County Records; thence North 405.00-
ft. along the East line of Springdale Estates; thence North 49 0 30' 02" East 365.00-ft. more or
less to the Southwest right of way line of Dixie Highway (120-ft. wide); thence South 40 degrees
20 minutes 58 seconds East, 660.00-ft. along said right of way line; thence South 49 degrees 30
minutes 02 seconds West 608.74-ft.; thence West 240.00-ft. to the West line of Section 30; and
the point of beginning. Vacant Dixie Hwy.
Parcel B, containing approximately 1 acre for proposed retention basin
A parcel of land being part of the Southwest 1/4 of Section 19 and part of the Northwest 1/4 of
Section 30, T4N, R9E, Independence Township, Oakland County, Michigan and being more
particularly described as follows: Beginning at the Southeast comer of lot 7, Lake Maria Woods
Subdivision, as recorded in Liber 172, Pages 20, 21 and 22 of Plats, Oakland County Records;
thence North 40° 20' 58" West along the East of said Lake Maria Woods Subdivision a distance
of 50.00-ft.; thence North 49° 30' 02" East 300.00-ft. to the Southwest right of way line of Dixie
Highway (120-ft. wide); thence South 40 degrees 20 minutes 58 seconds East, 230-ft. along said
right of way line to the north right of way line of Pine Ridge Drive; thence on a curve to the right
(Radius of 300-ft., delta = 45' 29' 51", long chord = South 72° 23' 58" West 323.01-ft.) an Arc
distance of 238.22-ft.; thence North 84° 51' 07"L West 122.74 to the point of beginning. Vacant
Dixie Hwy.
Legal Descriptions are preliminary and are subject to a final survey.
1. PURCHASE PRICE/CONSIDERATION
Subject to the adjustments and prorations provided for in this Agreement, the purchase
price of the Premises shall be Two Million Five Hundred Thousand Dollars and no/cents
($2,500,000.00) or $ 5.73921 Dollars per square foot, payable as follows:
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1.1 Earnest Money Deposit. Purchaser will tender to Seller upon Sellers Acceptance
of this Agreement a draft in the amount of One Hundred Thousand Dollars
($100,000.00) which Seller acknowledges as good and sufficient Consideration
for accepting this Purchase Agreement. Said deposit shall be held by the Cislo
Title Insurance Company Title Insurance Company, Flint, Michigan, 48502, (the
"Title Company") in an 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. At the
time of closing, after applying the earnest money deposit to the
purchase price, the balance of the purchase price minus any costs
adjusted at closing will be tendered to Seller by Purchaser or wired
by Purchaser to Seller's bank, at Seller's option.
1.3 The Seller, under a separate agreement shall be responsible for and
pay any broker or finder fee in connection with this transaction.
1.4 The Oakland County Board of Commissioners shall have 90 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 interest
shall be returned to the Purchaser.
1.5 Due Diligence Contingency. This Purchase Agreement is contingent upon the
Due Diligence requirements set forth in Paragraph 5 of this Agreement, and its
sub-paragraphs.
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).
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.
3. TITLE INSURANCE
Seller 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
.2
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. In
addition to the representations and warranties contained in said Owner's Affidavit, Seller
agrees to execute an affidavit indicating the following:
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.
(ii) There are no court orders prohibiting the sale of the property.
4. TITLE OBJECTIONS
4.1. Purchaser shall have twenty (20) days after receipt of the Title Policy 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
that in the opinion of Purchaser's Attorney the title is defective, Seller shall have
thirty (30) days from the date Seller is notified of the particular defect(s) claimed,
to either (I) 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; (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 90 days after approval and acceptance of this offer by the
Oakland County Board of Commissioners (hereinafter "Board"), to conduct the due
diligence property investigations in paragraphs 5.1 through 5.3.
During the 90 day period, the Purchaser and its agents shall have access to the property in
order to conduct the investigations listed below. If during the 90 or 180 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 and this agreement shall be considered null and void.
5.1 The Seller will procure and pay for an ALTA/ACSM boundary Survey of the
Premises. Purchaser will pay any additional costs associated with the splitting of the
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(i)
property. 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; (2) defer the Closing until such time as the defect(s) can be remedied; or, (3)
terminate this Purchase Agreement.
5.2 Phase I Environmental Assessment. Have a Phase I Environmental Assessment
(''Phase 1") performed consistent with applicable ASTM standards. If the Phase 1
Report discloses no environmental concerns, then the Parties will proceed to
Closing pursuant to Section 6.
If the Phase 1 reveals any contamination that would cause the property to be a
Facility under Part 201 of the Michigan Natural Resources Environmental
Protection Act, (MCL 324.20101et. seq.), hereinafter Part 201, 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
Environmental Assessment. Purchaser shall notify Seller within 15 days after
receipt of the Phase I if it elects to terminate this Agreement for environmental
reasons.
If the Phase II discloses that the Premises is a Facility, and Purchaser elects to
perform a Baseline Environmental Assessment (BEA), then Purchaser shall have
an additional 180 days from the time it elects to perform a BEA to submit the
BEA together with a Due Care Plan to the Michigan Department of
Environmental Quality (hereinafter MDEQ) for a liability determination pursuant
to Sections 20126 and 20129a of the Natural Resources and Environmental
Protection Act.
If the Purchaser receives an exemption of liability from the MDEQ and MDEQ
accepts the Purchaser's proposed use of the Premises, then the parties will proceed
to closing in accordance with paragraph 6.
If Purchaser does not receive an exemption of liability from the MDEQ, or if
MDEQ requires response activities to be performed, then at the sole option of
Purchaser, Purchaser may: (i) terminate this Agreement and receive back its
deposit and any accrued interest; or (ii) proceed to closing pursuant to Section 6.
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
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to this Agreement signed by both parties.
5.3 Any other investigations that the Purchaser, in its sole discretion, shall deem
appropriate.
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 120 days after the date of signature of
seller.
6.2 The Closing shall be held at the offices of a Title Company of Purchaser's
choosing, 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.
6.3 Purchaser shall notify Seller in writing, twenty (20) days in advance of the
Closing date, and shall prepare, or have prepared, and submit to Seller within five
(5) days of Closing, all Closing documents required by Purchaser.
6.4 Seller will sign and deliver at Closing, 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.
These documents will have also been reviewed and approved by Purchaser. Seller
will pay for the recording of the Deed, any notary fees, the property transfer tax
(revenue stamps), and any fees required to remove or satisfy outstanding
mortgages or other liens.
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 any 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
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any other adjustments or charges as reflected by the Closing Statement.
6.9 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.
6.10 OPERATING EASEMENT AGREEMENT The Purchaser and Seller each plan
to develop their respective portions of the entire parcel at a future date. Therefore,
thirty (30) days before closing the parties agree to enter into an Operating
Easement Agreement (hereinafter the 0EA) for the mutual benefit of the parties
for the purposes of the construction, operation, and maintenance of a storm water
detention basin, and a sanitary sewer lateral and pumping station (if necessary);
for mutual reciprocal drainage easements along the portion of the property
abutting Dixie Highway; and for mutual reciprocal easements for ingress and
egress over driveways. The cost of constructing, operating, and maintaining the
storm water retention basin and the sanitary sewer lateral and pumping station will
be apportioned between the parties according to the ratio of the amount of
property each party owns over the total size of the parcel, after reducing the size
of the Premises by the size of the retention basin. The cost of constructing,
operating, and maintaining driveway ingress and egress lanes will be established
using the same formula as for the retention basin. The sanitary sewer lateral and
pumping station will be subject to approval of the approval of Independence
Township. This sub-paragraph 6.10 shall survive Closing and shall be a covenant
that runs with the land in perpetuity.
7. POSSESSION.
Purchaser shall have possession of the Premises at the end of Closing.
8. 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.
9. 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
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to proceed under either 9.1 or 9.2, but not both:
9.1 Specifically enforce this Agreement and require specific
performance of this contract by judicial decree; or,
9.2 Demand a refund of the entire earnest money deposit plus accrued
interest. Return of the deposit shall terminate this Agreement,
unless Purchaser has elected to enforce this Agreement as provided
in 9.1.
10. 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 proceed under either 10.1 or 10.2, but
not both:
10.1 Specifically enforce this Agreement and require specific
performance of this contract by judicial decree; or,
10.2 Declare that the Purchaser has forfeited all rights hereunder and
retain the earnest money deposit and interest as liquidated
damages. The retention of the earnest money deposit and interest
by Seller shall cancel this Agreement and be in full and final
satisfaction of any and all claims that the Seller may bring against
Purchaser under this Agreement, unless the Seller has elected to
enforce this Agreement as provided in 10.1.
11. RISK OF LOSS
No risk of loss shall pass to Purchaser prior to Closing. Except as otherwise provided in
Section 13, Purchaser acknowledges that Seller (a) has made no representations or warranties
whatever with respect to the property (with the exception of title), whether the property
complies with any laws, and (b) 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 it's "as is" condition, with all faults.
12. WARRANTIES BY THE SELLER,
The Seller warrants to the Purchaser and shall certify to the Purchaser upon the execution
of this Agreement as follows:
12.1 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
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any third parties and will provide Purchaser with any necessary
resolutions, waivers and consents, or other documents that verify
Seller has the requisite authority, which documents can be attached
hereto as Exhibit A.
12.2 The Seller is the fee simple owner of the Premises and will discharge any liens
prior to closing.
12.3 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, or any third party.
12.4 To Sellers actual knowledge there are no leases, rights of first
refusal, contracts, or other agreements of any kind with respect to
the Premises, which would impair the Purchasers right to receive
fee title absolute.
12.5 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.
12.6. The Seller has no notice or knowledge of:
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.
12.7 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.
12.8 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,
(1)
(3)
8
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").
13. WARRANTIES BY THE PURCHASER.
The Purchaser warrants to the Seller 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 resolution which will be attached as Exhibit B.
14. SURVIVAL OF CERTAIN PARAGRAPHS.
The warranties of the Parties contained in this Purchase Agreement shall survive for two
(2) years after Closing.
Sub-paragraph 6.10 shall survive Closing and shall be a covenant that runs with the land
in perpetuity.
15. 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.
16. BINDING EFFECT.
16.1 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.
16.2 This agreement is not binding until executed by both parties.
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17. 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 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.
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: George Mansour
North Pointe Development Company
5500 River Wood Drive
Flint, Michigan 48532
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.
19. TIME OF THE ESSENCE.
Time is of the essence for this Agreement.
20. 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
paragraph violates any provision of the Michigan Court Rules, or the United States Code.
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Michael D. Hughson
Date: /1/.0 , 2006.
&Ls--(2-
By: Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
21. 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.
22. 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, state, or local 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 unless the portion of the Agreement renders the remainder of the Agreement a
nullity.
23. 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
24. 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.
25. 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 a Michigan Municipal
And Constitutional Corporation
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:
elopment Company,
LLC, by: George Mansour, Member
Date: (&70 , 2006. 10/5/06
11
Resolution #06214 November 2, 2006
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (M.R. #06214) November 30, 2006
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF
PURCHASE AGREEMENT FOR THE ACQUISITION OF APPROXIMATELY 10-ACRES, PARCEL NO.
08-19-351-003 (PART) FOR FUTURE SITE OF 52-2 DISTRICT COURTHOUSE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XIT-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The resolution approves and accepts the terms and conditions of a
Purchase Agreement between Oakland County, as purchaser, and
North Pointe Development Company, LLC of Flint, Michigan, as
seller, in the amount of $2,500,000 for the purchase of
approximately 10-acres of property located in Independence
Township (part of Parcel No. 08-19-351-003) for the future
construction of a new 52-2 District Courthouse facility.
2. The County will also incur costs for environmental assessment,
parcel splitting, and closing fees estimated at $12,900.
1 The purchase is contingent upon receipt of a negative
environmental assessment report.
4. The agreement further requires the County and the seller to enter
into an Operating Easement Agreement for the mutual benefit of
the parties for the construction, operation, maintenance, shared
use and shared cost of a retention basin, sanitary sewer
facilities, and driveway use.
5. Funding in the amount of $2,512,900 is available in the FY 2007
Capital Improvement Program/Building Improvement Fund (#40100)
for transfer to the Project Work Order Fund (#40400) for the
purchase of property and pre-development costs for the 52-2
District Courthouse Project (#100000000968).
6. Should alternative funding be used to build this facility, a
portion of that funding will be used to reimburse the Capital
Improvement Program for this expenditure.
7. The FY 2007 Budget is amended as follows:
Building Improvement Fund #40100
1040801-148020-788001-40400 Transfers Out ($2,512,900)
Project Work Order Fund #40400
1040801-148020-695500-40100 Transfers In $2,512,900
$ -0-
FINANCE COMMITTEE
FINANCE COMMITTEE
AYES: Rogers, Palmer, Crawford, Long, Moss
Nays: Coulter, Zack, Woodward
Absent: Melton, Wilson, Jamian
/ 2-1s-44,
Resolution #06214 November 30, 2006
Moved by Palmer supported by Middleton the resolution (with fiscal note attached) be adopted.
AYES: Douglas, Gregory, Hatchett, Jacobsen, Jamian, KowaII, Long, Middleton, Molnar, Moss,
Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson, Bullard, Crawford. (19)
NAYS: Gershenson, Woodward, Zack, Coulter. (4)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
I HEREBY P,POVE THE ,FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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
November 30, 2006, 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 30th day of November, 2006.
il-
Ruth Johnson, County Clerk