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Home My WebLink AboutResolutions - 2022.06.07 - 35577h -DAKLANVY COUNTY MICHIGAN BOARD OF COMMISSIONERS June 7, 2022 MISCELLANEOUS RESOLUTION #22-200 Sponsored By: Kristen Nelson Parks & Recreation - Contract with Holly Township for Bill of Sale of Ernst Barn at Waterford Oaks County Park Chairperson and Members of the Board: WHEREAS the County of Oakland is entering into a Bill of Sale with Holly Township for the sale of a barn at Waterford Oaks County Park for one dollar ($1.00); and WHEREAS pursuant/according to the Board of Commissioners Policy on Disposal of Surplus County Equipment Policy (MR#99059), the Department is required to submit the Bill of Sale for approval by the Board of Commissioners; and WHEREAS this Bill of Sale will transfer the barn at Waterford Oaks County Park (1580 Scott Lake Road, Waterford, MI 48328) commonly referred to as the 'Ernst Barn" to Holly Township; Holly Township will be responsible for deconstructing the barn and removing it from Waterford Oaks; and WHEREAS the removal of the barn will be completed before September 30, 2022; and WHEREAS the Bill of Sale will benefit Oakland County by removing an unused and unsafe barn from park property, and rebuilding and restoring the barn for public use in a local park. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Bill of Sale with Holly Township for the Ernst Barn at Waterford Oaks County Park for one dollar ($1.00) and authorizes the Chairman to sign the Bill of Sale. BE IT FURTHER RESOLVED a budget amendment is not required. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Kristen Nelson. 6z,.,Jd Date: June 07, 2022 David Woodward, Commissioner at` t Date: June 09, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING , 2022-05-17 Legislative Affairs & Government Operations - recommend to Board 2022-06-07 Full Board VOTE TRACKING Motioned by Commissioner Penny Luebs seconded by Commissioner Eileen Kowall to adopt the attached Contract: with Holly Township for Bill of Sale of Ernst,Barn at Waterford Oaks County Park. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (21) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS Bill of Sale --Ernst Barn (04-28-22)--Final Clean 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 June 7, 2022, 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 on Tuesday, June 7, 2022. Lisa Brown, Oakland County Clerk/Register of Deeds This Bill of Sale is executed and delivered as of , 2022, by the County of Oakland, a Michigan Municipal and Constitutional Corporation, with its offices located at 1200 North Telegraph Road, Pontiac, Michigan 48341 (the "Seller" or the "County"), to and in favor of Holly Township, 102 Civic Drive, Holly, Michigan 48442 (the "Buyer"). 1. Property Sold. Subject to Paragraph 3, Seller transfers and conveys to Buyer the Barn and personal property located therein located at 1580 Scott Lake Road, Waterford, MI 48328 and identified on Exhibit A (collectively and hereinafter the "Barn"). Exhibit A is incorporated hereto. 2. Consideration. The Buyer shall ,pay consideration in the amount of one dollar ($1.00) for the Barn transferred and conveyed pursuant to this Bill of Sale. The Barn is being transferred and conveyed to Buyer because the Barn must be either completely restored or removed due to its current condition. Buyer's removal of the Barn will provide value to Seller by eliminating the cost to restore the Barn or reducing the costs associated with the removal and disposal of the Barn. Furthermore, relocation and preservation of the Barn by Buyer will provide a value to Oakland County residents given the historic nature and value of the Barn. 3. Permission to Enter. Buyer and its officers, employees, agents, volunteers and/or its contractors have permission to enter the real property that is depicted in Exhibit A to remove the Barn. Permission to enter the real property shall commence when this Bill of Sale is fully executed and shall end on September 30, 2022. If Buyer does not remove the Barn by September 30, 2022, (a) this Bill of Sale is null and void, (b) the Barn shall automatically revert back to Seller', and (c) Seller may remove and dispose of the Barn, in Seller's sole discretion. 4. Warranty of Title. Seller represents and warrants to Buyer that: (a) Seller is the owner of the Barn, (b) the Barn is free and clear of all liens, charges, and encumbrances, and (c) Seller has the full right, power, and authority to sell the Barn and to deliver this Bill of Sale. 5. Property "AS -IS" & Warranty Disclaimers. THE BARN IS PURCHASED BY THE BUYER "AS IS", "WHERE IS" AND "WITH ALL FAULTS," AND BUYER ACKNOWLEDGES THAT, WITH THE EXCEPTION OF THE FOREGOING WARRANTIES OF TITLE (contained in Paragraph 4), NO WARRANTIES OF ANY NATURE ARE BEING PROVIDED BY THE SELLER TO THE BUYER, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 6. Waiver & Indemnification. Buyer acknowledges that removal of the Barn has certain dangers. Buyer recognizes and accepts such dangers and assumes all responsibility for and risk of bodily injury, death, property damage, whether known or unknown, and whether caused by the Buyer's negligence or the negligence of Buyers' employees, contractors, subcontractors, volunteers, or agents. Buyer waives, releases, discharges, and covenants no to sue the County of Oakland and its elected and appointed officials, officers, directors, agents, employees, and volunteers (referred to collectively herein as "the County") from all liability, damages, injuries, claims, or Page 1 of 2 Draft vl (04-22-22) demands because of injury to Buyer and Buyer's employees, contractors, subcontractors, volunteers, or agents, including death, arising out of or in any way connected to Buyer's removal and relocation of the Barn. Buyer shall require all Buyer contractors and subcontractors coming on Seller -owned real property to indemnify, defend, and hold the County harmless from all Claims, incurred by or asserted against the County by any person or entity, which are alleged to have been caused directly or indirectly from the acts or omissions of Buyer's contractors or subcontractor. Seller's right to indemnification from Buyer's contractors or subcontractors is in excess and above any insurance rights/policies required by this Bill of Sale. Claims, as used in this Bill of Sale means, any loss; complaint; demand for relief or damages; lawsuit; cause of action; proceeding; judgment; penalty; costs or other liability of any kind which is imposed on, incurred by, or asserted against the County or for which the County may become legally or contractually obligated to pay or defend against, whether commenced or threatened, including, but not limited to, reimbursement for reasonable attorney fees, mediation, facilitation, arbitration fees, witness fees, court costs, investigation expenses, litigation expenses, or amounts paid in settlement. 7. Insurance. Buyer shall obtain and maintain the insurance as set forth in Exhibit B while removing the Barn. Exhibit B is incorporated into this Bill of Sale. The County of Oakland, Holly Township IC IC Its: Its: Page 2 of 2 Draft vI (04-22-22)