HomeMy WebLinkAboutResolutions - 2021.03.25 - 34248MISCELLANEOUS RESOLUTION #21089 March 25, 2021
BY: Commissioner William Miller, Chairperson, Economic Development and Infrastructure Committee
IN RE: FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF PURCHASE
AGREEMENT TO SELL COUNTY OWNED PROPERTY ON BROWN ROAD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County owns 40.8 acres of property on Brown Road in Auburn Hills, Michigan, as
illustrated in the attachment; and
WHEREAS Facilities Management submitted a Concurrence for Public Sale, pursuant to the Board of
Commissioners Rules, to the Economic Development and Infrastructure Committee in February 2021,
and concurrence was granted; and
WHEREAS the Public Sale required sealed bids be submitted though the County Purchasing Office; and
WHEREAS a minimum sale price at $3,250,500 was set; and
WHEREAS the Public Sale was conducted, and two proposals were received: Due
Proposed Earnest Diligence
Pr000ser's Name Price Monev Deposit Period
General Development Company, LLC $4,001,000 $100,000 60 days
C-L Associates, LLC $3,500,000 $100,000 60 days
WHEREAS the highest bid was received from General Development Company, LLC (GDC) of Southfield,
Michigan; and
WHEREAS the closing costs for the County are estimated at $235,725; and
WHEREAS the net proceeds from the sale will be used to fund relocation costs for staff/operations and IT
hub equipment with separate resolutions to be presented for the relocation projects, and any remaining
balance will be used as a funding source for other Capital Improvement Program projects that will be
brought forward under separate resolutions.
WHEREAS the departments of Facilities Management and Corporation Counsel have negotiated the
terms and conditions of the attached Purchase Agreement with representatives of GDC and recommend
its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Purchase Agreement between the County and General Development
Company, LLC (GDC).
BE IT FURTHER RESOLVED that the Oakland County 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 between the County and GDC.
BE IT FURTHER RESOLVED that the net proceeds are to be receipted into the Building Improvement Fund
(#40100) and the use of Building Improvement Fund resources requires a separate project resolution.
BE IT FURTHER RESOLVED that no budget amendment is required at this time.
Chairperson, on behalf of the Economic Development and Infrastructure Committee, I move the adoption of
the foregoing resolution.
Commissioner William Miller, District #14,
Chairperson, Economic Development and
Infrastructure Committee
ECONOMIC DEVELOPMENT AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried on a roll call vote with Cavell absent.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT ("Agreement") made and entered into ,
(`Effective Date") by and between General Development Company LLC, Two Towne Square, Suite
850, Southfield, Michigan, 48076 ('Purchaser") and the COUNTY OF OAKLAND, a Constitutional
and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341 ("Seller"), for the
purchase of 1700 Brown Road, Auburn Hills, Michigan 48326, with a Tax Identification Number of
14-03-100-028 and specifically described in Exhibit A ('Premises") including all rights, title,
interests, and mineral rights or mineral royalty interest in the Premises. Exhibit A is filly
incorporated into this Agreement.
PURCHASE PRICE/DEPOSIT/OTHER COSTS OR FEES.
1.1. Purchase Price. Subject to the adjustments and prorations provided for in this
Agreement, the purchase price of the Premises shall be Four Million and One
Thousand Dollars ($4,001,000.00) payable as set forth in this Agreement.
1.2. Approval of Agreement. The Oakland County Board of Commissioners shall have
until May 1, 2021 to approve and execute this Agreement. If the Oakland County
Board of Commissioners does not approve and execute this Agreement by that date,
then the Agreement shall be null and void.
1.3. Earnest Monev Deposit. Five (5) days from the Effective Date, Purchaser shall
deposit with ATA National Title Group —Seaver Title, 42651 Woodward Avenue,
Bloomfield Hills. Michigan (the "Title Company"), One Hundred Thousand dollars
($100,000.00) ("Deposit"). The Deposit shall be held in an interest -bearing account.
The Deposit and the interest accrued shall be applied toward the purchase price at
the time of Closing, if the sale is consummated or shall be disbursed to Seller or
Purchaser in accordance with the terms of this Agreement.
1.4. Pavment of Balance of Purchase Price. This is a cash sale. One the date of Closing,
after applying the Deposit plus any interest, the balance of the purchase price, minus
any costs adjusted at closing, shall be wired by Purchaser to Title Company, who
shall disburse the Seller's proceeds to Seller's bank.
1.5. Broker's Fee. Seller has a listing agreement with Collier's International and in that
Agreement is there is cooperative brokerage fee. Seller is responsible to pay that
brokerage fee.
2. TITLE CONVEYED.
2.1. Form of Convevance. At Closing, Seller shall convey marketable title to the
Premises to Purchaser by warranty deed showing no exceptions, except for the
"Permitted Exceptions" (as defined in Section 4).
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2.2. Personal Pronertv. All personal property located at or in the Premises at the time of
closing shall become the property of Purchaser.
2.3. The Premises shall include all tenements, hereditaments, privileges and
appurtenances belonging or in any way appertaining to the Premises including the
following: (1) all future land division rights (2) all right, title and interest of Seller in
any street, road or avenue, open or proposed, in front of or adjoining the Premises, or
any part thereof, to the centerline thereof, (3) all water, air, riparian and mineral
rights, and (4) all assignable licenses, franchises, rights and governmental or other
permits, authorizations, consents and approvals, which are necessary to own and/or
operate the Premises, to the extent that the same are legally assignable. The Premises
shall also include the rights of Seller under any express or implied guaranties,
warranties, indemnifications and other rights, if any, which Seller may have against
suppliers, laborers, materialmen, contractors or subcontractors arising out of or in
connection with the installation, construction and maintenance of the improvements,
fixtures and personal property on or about the Premises.
2.4. After the Effective Date, Seller shall not lease, assign, or grant a security interest or
other lien that would encumber the Premises after closing, unless approved in writing
by Purchaser. Seller warrants that any lease, assignment, security interest or other lien
that would encumber the Premises shall be terminated prior to Closing or satisfied
out of the consideration transferred at the time of Closing.
TITLE COMMITMENT/INSURANCE.
3.1. Ten (10) days after the Effective Date, Seller shall obtain from the Title Company, a
commitment for an ALTA Owner's Policy of Title Insurance in the amount of the
total purchase price (the "Commitment"). The Commitment shall be issued by the
Title Company, without standard exceptions, and shall bear a date later than the
Effective Date, wherein the Title Company is to insure the title to the Premises in the
condition required herein.
3.2. At the time of Closing, a Policy of Title Insurance shall be issued (in the name of
Purchaser) pursuant to the Commitment.
3.3. The cost of the Commitment and the Policy of Title Insurance shall be paid for by
Seller.
3.4. Seller agrees to execute a standard form Owner's Affidavit at closing to assist in the
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, if needed, indicating the following: (1) Seller is not on notice,
whether actual or anticipated notice, of any pending claims against Seller that would
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affect the sale of the Premises, and (2) there are no court orders prohibiting the sale
of the Premises.
TITLE OBJECTIONS.
4.1. Purchaser shall have fifteen (15) days after receipt of the Commitment to object to
the condition of the title or that the title is not marketable, based upon written opinion
of Purchaser's attorney (collectively "Title Defects").
4.2. Upon written notice to Seller, that there are Title Defects (in the opinion of
Purchaser's attorney), Seller shall have thirty (30) days from the date Seller is
notified of such defect(s) to do one of the following (at Seller's sole option): (1)
remedy the Title Defects, to Purchaser's satisfaction, at Seller's sole cost; (2) obtain,
at Seller's sole cost and expense, a substitute commitment for title insurance
insuring, in a manner satisfactory to Purchaser in Purchaser's sole discretion,
Purchaser's title against such Title Defects; or (3) terminate this Agreement and
refund the entire Deposit and interest to Purchaser. If this Agreement is terminated
pursuant to this Section, Seller shall have no further liability to Purchaser.
4.3. If Seller fails to remedy the Title Defects or obtain a substitute commitment for title
insurance within said period, Purchaser may do one of the following, at its sole
option: (1) waive the claimed Title Defects and close subject to same, (2) defer the
closing until such time as the claimed Title Defects can be remedied, if such defects
can be remedied within thirty (30) days, or (3) terminate this Agreement and receive
a full refund of the Deposit and interest.
4.4. If Seller remedies the Title Defects or obtains a title policy within the time period,
Purchaser shall complete the sale of the Premises within fifteen (15) days of written
notification thereof, but no sooner than the Closing Date specified herein.
4.5, For all purposes under this Agreement, all matters appearing on the Commitment and
the New Survey which are not objected to by Purchaser shall be deemed "Permitted
Exceptions."
INSPECTION PERIOD AND DUE DILIGENCE INVESTIGATIONS.
5.1. Inspection Period and Due Dilieence hnvestigation/Examination. Purchaser shall
have sixty (60) days from the Effective Date to conduct due diligence property
investigations/examinations of the Premises ("Inspection Period"), including but not
limited to the following: (1) physical inspection of the Premises, (2) testing of all
aspects of the Premises, (3) above and below ground environmental assessment, (4)
building inspection, (5) review of easements and restrictions of record, (6)
investigation of availability and condition of utility/sewer services, and (7) review of
any applicable zoning, building and use restriction. Upon written notice to Seller and
1700 BROWN ROAD, AUBURN HILLS, MI
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prior to the expiration of the initial Inspection Period, Purchaser shall have the right
to extend the initial Inspection Period once for thirty (30) days.
5.2. Survey.
5.2.1. Seller shall, at its expense, obtain an ALTA/ACSM boundary survey of the
Premises ("New Survey").
5.2.2. Purchaser shall have fifteen (15) days from the receipt of the New Survey to
determine if it matches the Premises described in Exhibit A. If in the
written opinion of Purchaser's attorney, the New Survey does not match the
Premises described in Exhibit A, Seller (at its sole cost) shall have thirty
(30) days from the date Seller is notified, in writing, of the particular
defect(s), to remedy the defects to Purchaser's satisfaction.
5.2.3. If Seller fails to or cannot remedy the defects, Purchaser may do any of the
following, at its sole option: (1) waive the 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 within thirty (30) days, or (3) terminate this
Agreement and receive a frill refund of the Deposit and interest. If Seller
remedies the defects, then Purchaser shall complete the sale of the Premises
within fifteen (15) days of written notification thereof, but no sooner than
the Closing Date specified herein.
5.2.4. If this Agreement is terminated pursuant to this Section, Seller shall have no
further liability to Purchaser.
5.3. During the Inspection Period or any extension thereof, Purchaser may perform any
other investigations that it, in its sole discretion, deems appropriate.
5.4. No later than five (5) days after the Effective Date, Seller shall turn over to Purchaser
copies of all documents and information Seller has concerning the Premises,
including but not limited to, wetland reports, environmental reports, surveys, soil
reports, easements, deed restrictions, past title commitments, etc.... Should Seller
delay in turning over the above -referenced documents/information, then the
Inspection Period shall extend one day for each day such documents/information is
not turned over to Purchaser.
5.5. Nothing in this Agreement will prohibit the Parties from mutually modifying or
extending the closing date, if such changes are necessary based upon the due
diligence property investigations. Such modification or extension must be in writing
and signed by both Parties. The modification or extension of the closing date, on
behalf of Seller, shall be made by the Director of Facilities Management or his or her
successor.
1700 BROWN ROAD, AUBURN HILLS, MI 4
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5.6. Notwithstanding any other term of this Agreement, during or prior to the date the
Inspection Period expires or extension thereof, Purchaser may terminate this
Agreement, in its sole and absolute discretion, by giving written notice to Seller that
it is not satisfied with the condition of the Premises, as evidenced by the due
diligence investigations. If Purchaser terminates this Agreement pursuant to this
Section, Purchaser shall receive a full refund of the Deposit and interest. If Purchaser
terminates this Agreement after the expiration of the Inspection Period or extension
thereof, and provided that Seller is not in default hereunder, Purchaser shall forfeit
the entire Deposit and interest to Seller as Seller's sole and exclusive remedy, and
Purchaser shall not be entitled to any portion of the Deposit and interest.
5.7. This Agreement is contingent upon the due diligence investigations and requirements
set forth in this Section.
5.8. If the sale of the Premises does not occur, then Purchaser, at its sole cost, shall
provide Seller with copies of all information and documents it received as a result of
its due diligence property investigations/examinations of the Premises.
6. CLOSING. AND CLOSING DOCUMENTS.
61. Purchaser and Seller shall complete the sale of the Premises within fifteen (15) days
of the date the Inspection Period expires or waiver by Purchaser of the Inspection
Period or the extension thereof ("Closing Date").
6.2. The closing shall be held at the offices of the Title Company. The Title Company will
prepare the necessary documents for signatures.
6.3. Seller, at least five (5) days prior to closing, shall submit to Purchaser all closing
documents required for this sale.
6.4. Seller shall sign and deliver at closing, a statutory form warranty deed conveying fee
simple absolute title to the Premises inclusive of all minerals rights or royalties, if
any, (pursuant to Michigan law) in the condition required by this Agreement and a
Non -Foreign Persons Affidavit.
6.5. All financial encumbrances upon the Premises shall be paid and discharged by Seller
prior to closing or shall be paid and discharged using the purchase money for the
Premises.
6.6. Seller shall pay for the recording of the Warranty Deed, any notary fees, and the
property transfer tax, if any.
6.7. At the closing, 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.
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6.8. If needed at the closing, Seller will sign a Certificate of Accuracy, regarding the
Representations made by Seller in Section I)
6.9. Seller and Purchaser will sign and/or prepare any other documents necessary to
complete the sale and transfer of the Premises. Except for the warranty deed, which
shall be signed by the Seller's Chairperson of the Board of Commissioners, the
closing documents and any other documents required during the closing process shall
be signed by Seller's Director of Facilities Management or Seller's Property Manager
or his/her successor, on behalf of Seller.
6.10. Seller is a governmental entity exempt from real property taxes; thus, there are no
real property taxes to prorate.
TAX DEFERRED EXCHANGE ( SECTION 1031). If Purchaser shall desire to structure this
transaction as a tax deferred exchange for property identified by Purchaser, pursuant to
Section 1031 of the Internal Revenue Code, Seller shall enter into and execute any such
documents as may be reasonably requested; provided, however, that Seller shall not incur any
additional costs, expense, risk or potential liability whatsoever on account thereof.
8. POSSESSION. Purchaser shall have possession of the Premises on the date closing is
complete.
9. RIGHT OF ENTRY AND ACCESS.
9.1. During this Agreement, Purchaser, its employees and its agents shall have the right to
enter and access the Premises at reasonable times for the purpose of surveying,
testing, performing environmental impact studies, site planning, and other inspections
or testing Purchaser deems necessary or desirable to determine if the Premises are
suitable for Purchaser's use.
9.2. All inspections or testing of the Premises, shall be coordinated with Seller.
Purchaser, its employees, or its agents shall be accompanied inside the building by
Seller or Seller's representative during inspections or testing.
9.3. In the event that this sale does not take place, Purchaser, at its own expense, shall
restore the Premises to substantially the same condition that existed on the Effective
Date; to the extent such restoration is necessary due to Purchaser's or its agent's
actions.
10. DEFAULT OF SELLER. In the event Seller shall default in the performance of its
obligations herein, Purchaser, in addition to other remedies provided by law, may, in its sole
discretion, elect to proceed under either 10.1 or 10.2, but not both.
10.1. Purchaser may specifically enforce this Agreement and require specific performance
of this Agreement by judicial decree; or
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10.2. Purchaser may terminate this Agreement and receive a full refund of the Deposit and
interest.
11. DEFAULT OF PURCHASER. In the event Purchaser shall default in the performance of its
obligations herein, Seller, in addition to other remedies provided by law, may, in its sole
discretion, elect to proceed under either 11.1 or 11.2, but not both.
11.1. Purchaser may specifically enforce this Agreement and require specific performance
of this Agreement by judicial decree; or
11.2. Purchaser may terminate this Agreement and receive a full refund of the Deposit and
interest.
12. WARRANTIES BY SELLER. Seller represents and warrants the following to Purchaser:
12.1. 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
Seller has to any third parties;
12.2. Seller is the fee simple owner ofthe Premises and will discharge any liens or other
encumbrances prior to closing;
12.3. To the best of Seller's knowledge, the legal description set forth in Exhibit A is an
accurate description of the Premises and does not include any adjacent or contiguous
land owned by Seller or any third party;
12.4. There are no leases, rights of first refusal, contracts, or other agreements of any kind
with respect to the Premises, which would impair Purchaser's right to receive fee title
absolute;
12.5. To the best of Seller's knowledge, there are no lawsuits, actions, or proceedings
pending or threatened by any party, including governmental authorities or agencies,
against or involving the Premises which would affect Seller's ability to convey the
Premises;
12.6. To the best of Seller's knowledge there are no:
12.6.1. planned or commenced public improvements that might result in special
assessments or otherwise directly and materially affect the Premises;
12.6.2. government agency or court orders requiring corrections of any existing
conditions; and
12.6.3. requests by an insurer or a mortgagee of the Premises requiring correction
of any existing conditions; and
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12.7. To the best of Seller's knowledge, Seller has not used the Premises for the purpose of
disposing, refining, generating, manufacturing, producing, storing, handling, treating,
transferring, processing, or transporting Hazardous Materials. 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, (i) asbestos containing material; (iv) lead -based paint; (ii) polychlorinated
biphenyl; (iii) radioactive material; (iv) area formaldehyde; (v) radon gas; and (vi)
biological materials causing adverse health effects, and (vii) 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").
12.8. To the best of Seller's knowledge there are no unrecorded building or use
restrictions, easements or any other agreements effecting the Premises, other than as
disclosed to Purchaser in writing.
12.9. The representations, warranties and covenants of Seller contained herein are correct
and shall be fully performed as of the Closing Date and shall survive the closing on
the Closing Date.
13. WARRANTIES BY THE PURCHASER. Purchaser warrants the following to Seller:
Purchaser has full authority and funding to enter into and perform this Agreement in
accordance with its conditions.
14. PURCHASER'S ACKNOWLEDGMENTS. Except as otherwise provided in this
Agreement, Purchaser acknowledges the following: (1) Seller has made no representations or
warranties with respect to the Premises; (2) the inspection rights set forth in this Agreement are
sufficient to enable Purchaser to inspect the Premises to determine if they are satisfactory to
Purchaser; and (3) that the Premises are sold "AS IS."
15. RISK OF LOSS. No risk of loss shall pass to Purchaser prior to closing.
16. LIABILITY.
16.1. Purchaser 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 (including reasonable attorney fees) arising after closing, except those
losses, claims, suits, causes of action, litigation, or other demands for damages,
arising 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 or while on
the Premises.
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4 6.2. Seller shall be responsible for paying any and all judgments, damages awarded, costs
and expenses (including reasonable 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 or that arise out of the acts of Seller, its agents, or its employees.
17. CONDEMNATION/EMINENT DOMAIN.
17.1. In the event that all or any portion of the Premises shall be taken by the exercise of
eminent domain or condemnation proceedings prior to closing, Purchaser may, at its
option, terminate this Agreement by giving written notice to Seller. If Purchaser
elects to terminate this Agreement as a result of a condemnation proceeding or
exercise of eminent domain, then Purchaser shall receive a full refund of the Deposit
and interest. In the event of such a termination, this Agreement shall be null and void
and the Parties shall have no further rights or obligations under this Agreement.
17.2. If Purchaser does not elect to terminate this Agreement in the event of the exercise of
eminent domain or condemnation, Purchaser shall accept title to the Premises
without any reduction of the purchase price and Seller shall assign to Purchaser at
closing all of Seller's right, title, and interest in and to any resulting condemnation
award.
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 sent by facsimile
transmission at the facsimile number below:
Seller: Property Management Specialist
County of Oakland Department of Facilities Management
One Public Works Dr.
Waterford, Michigan 48328
zachosp4oagkgov.com
With a Copy: Oakland County Corporation Counsel
1200 North Telegraph Road, Dept. 419
Pontiac, Michigan 48341
corpcounsel(aoakgov. con
Purchaser: General Development Company LLC
Attention: Bruce Brickman
Two Towne Square, Suite 850, Southfield, Michigan, 48076
bruceb(�b,gendev.com
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18.1. Any Party may change its address for notice by providing notice as required by this
Section. 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. COMPLIANCE WITH LAWS. The Parties shall comply with all federal, state, and local
laws, statutes, ordinances, and regulations, applicable to their activities under this
Agreement.
21. NO IMPLIED WAIVER. Absent a written waiver, no act, failure to act, or delay to act by a
Party to pursue or enforce any right or remedy under this Agreement shall constitute a waiver
of those rights with regard to any existing or subsequent breach of this Agreement. No
waiver of any term, condition, or provision of this Agreement, whether by conduct or
otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of
any term, condition, or provision of this Agreement. No waiver by either Party shall
subsequently affect its right to require strict performance of this Agreement.
22. SEVERABILITY. If a court of competent jurisdiction finds a term, condition, or provision
of this Agreement to be illegal or invalid, then the term, condition, or provision shall be
deemed severed from this Agreement. All other terms, conditions, and provisions of this
Agreement shall remain in full force and effect.
23. CAPTIONS. The section and subsection numbers, captions, and any index to such sections
and subsections contained in this Agreement are intended for the convenience of the reader
and are not intended to have any substantive meaning and shall not be interpreted to limit or
modify any substantive provisions of this Agreement. Any use of the singular or plural
number, any reference to the male, female, or neuter genders, and any possessive or
nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or
possession as the context requires.
24. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments,
rescissions, waivers, or releases to this Agreement must be in writing and signed by both
Parties.
25, GOVERNING LAWS/CONSENT TO JURISDICTION AND VENUE. This Agreement
shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as
otherwise required by law or court rule, any action brought to enforce, interpret, or decide
any claim arising under or related to this Agreement shall be brought in the Sixth Judicial
Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or
the United States District Court for the Eastern District of Michigan, Southern Division, as
dictated by the applicable jurisdiction of the court. Except as otherwise required by law or
court rule, venue is proper in the courts set forth above. The choice of forum set forth above
1700 BROWN ROAD, AUBURN HILLS, MI 10
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shall not be deemed to preclude the enforcement of any j udgment obtained in such forum or
taking action wider this Agreement to enforce such judgment in any appropriate jurisdiction.
26. ENTIRE AGREEMENT. This document represents the entire agreement and understanding
between the Parties. This Agreement supersedes all other prior oral or written
understandings, communications, agreements, or contracts between the Parties. The
language of this Agreement shall be construed as a whole according to its fair meaning and
not construed strictly for or against any Party.
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SELLER:
County of Oakland a Michigan Municipal
and Constitutional Corporation
By: David T. Woodward, Chairperson
Oakland County Board of Commissioners
The Agreement was acknowledged before me in Oakland County, Michigan on this day of
.20 by
, Notary Public
Oakland County, Michigan
Acting in Oakland County, Michigan.
My Commission expires:
PURCHASER(S):
The Agreement was acknowledged before me in Oakland County, Michigan on this day of
,20 by
, Notary Public
Oakland County, Michigan
Acting in Oakland County, Michigan.
My Commission expires:
1700 BROWN ROAD, AUBURN HILLS, MI 12
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EXHIBIT "A"
LEGAL DESCRIPTION
Real estate situated in the City of Auburn Hills County of Oakland, State of Michigan described
as follows:
T3N, RI OE, SEC 3 PART OF NW 1/4 BEG AT N 1/4 COR, TI-I S 02-46-00 E 933.74 FT, TH N
86-19-55 W 60.38 FT, TH N 02-46-00 W 867.16 FT, TH S 87-24-55 W 1250.24 FT, TH S 00-
24-37 E 395.90 FT, TH ALG CURVE TO RIGHT, RAD 660 FT, CHORD BEARS S 08-49-23
E 92.07 FT, DIST OF 92.15 FT, TH S O4-49-24 E 110 FT, TH ALG CURVE TO LEFT, RAD
540 FT, CHORD BEARS S 13-56-18 E 171.09 FT, DIST OF 171.81 FT, TH N 87-24-55 E
285.90 FT, TH S 02-14-49 E 672.28 FT, TH S 87-11-43 W 1658.49 FT, TH N 02-24-16 W
600.62 FT, TH N 89-14- 10 E 200.46 FT, TH N 23-54-20 E 278.92 FT, TH N 60-26-20 E 200.79
FT, TH N 86-53-10 E 46.76 FT, TH N 53-59- 35 E 177 FT, TH N 18-22-20 E 277.49 FT, TH N
00-07-20 W 118.52 FT, TH N 02-24-10 W 93 FT, TH N 87-24-55 E 1849 FT TO BEG EXC
BEG AT PT DIST S 02-46-00 E 60 FT FROM N 1/4 COR, TH S 02-46-00 E 873.74 FT, TH N
86-19-55 W 60.38 FT, TH N 02-46-00 W 867.16 FT, TH N 87-34-55 E 60 FT TO BEG 40.08 A
Commonly known as: 1700 Brown Road, Auburn Hills, Michigan 48326
Tax Parcel Number: 14-03-100-028
1700 BROWN ROAD, AUBURN HILLS, MI 13
FINAL VERSION
Resolution #21089 March 25, 2021
Moved by Weipert seconded by Luebs the resolutions on the amended Consent Agenda be adopted.
AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliet, Kochenderfer, Kowall, Kuhn,
Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward,
Cavell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were
adopted.
I HEREBY APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 25,
2021, 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 Circuit Court at Pontiac,
Michigan this 251h day of March 2021.
e
Lisa Brown, Oakland County