HomeMy WebLinkAboutResolutions - 2008.02.07 - 9438REPORT (MISC. 108013) February 7, 2008
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: MR #08013 — OAKLAND COUNTY PARKS AND RECREATION
COMMISSION — APPROVAL AND ACCEPTANCE OF PURCHASE
AGREEMENT PARCEL NO. 13-24-126-012, 2896 WATKINS LAKE ROAD
FOR EXPANSION OF WATERFORD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled
resolution on January 29, 2008, reports with a recommendation that the resolution be
adopted.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Woodward absent.
A "
MISCELLANEOUS RESOLUTION #08 013 January 17, 2008
BY: GENERAL GOVERNMENT COMMITTEE, Christine Long, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMMISSION — APPROVAL
AND ACCEPTANCE OF PURCHASE AGREEMENT PARCEL NO. 13-24-126-012, 2896
WATKINS LAKE ROAD FOR EXPANSION OF WATERFORD OAKS COUNTY PARK
To The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, pursuant to the authorization of the Oakland County Planning and Building
Committee the Oakland County Parks and Recreation Commission and 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 Mr. Roger A.
Kidwell, for the purchase of 2896 Watkins Lake Road, Waterford Township; and
WHEREAS, pursuant to the terms and conditions of said Purchase Agreement the
County of Oakland shall pay Roger A. Kidwell the sum of $160,000 via a cash sale for the
purchase of said property subject to the County performing its required due diligence
investigation of the subject property; and
WHEREAS, sufficient funding for said purchase is available in the Oakland County
Parks and Recreation Land Acquisition Fund; 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 Roger A. Kidwell, seller
via a cash sale purchase.
Charperson, on behalf of the General Government Committee, I move the adoption of
the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
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General Government Committee:
Motion carried unanimously on a roll call vote with Suarez and Greimel
absent.
Approval and Acceptance
Of Purchase Agreement — Kidwell Property
Parcel No. 13-24-126-012
Waterford Oaks County Park
On July 18, 2007 pursuant to the rules and procedures of the Oakland County Board of
Commissioners the Oakland County Parks and Recreation Commission authorized staff the to
obtain appraisals and begin negotiations for the purchase of 2896 Watkins Lake Road,
Waterford Township for expansion of Waterford Oaks County Park.
The Departments of Parks and Recreation and Facilities Management with the assistance of
County Corporation Counsel have negotiated the terms and conditions of the attached
purchase agreement to acquire parcel no. 13-24-126-012.
Description of property: A two-story approximately 1,800-sf house with no basement and an
attached one car garage originally built in 1946. Land area: .82-ac.
Estimated acquisitions costs are as follows:
Oakland County expenses:
Purchase Price: $160,000 Earnest money deposit: $5,000.
Phase I Environmental Assessment: 2,000
Phase II Environmental Assessment: 4,000
Title Insurance & Closing 700
Survey 1,000
Estimated Total Cost: $167,700
Seller expenses: Property tax proration
Property transfer tax: $1,376
Appraised value: $167,000.
Funding: Oakland County Parks and Recreation Commission Land Acquisition Fund.
The purchase is conditioned upon receipt of a negative Environmental Assessment report, the
purchase of part the Waterford Oaks Community Church property and subject to final
approval by the Oakland County Board of Commissioners.
Seller/owner of record: Roger A. Kidwell, a widower.
It is the recommendation of the Oakland County Parks and Recreation Staff and the
Department of Facilities Management that the Oakland County Parks and Recreation
Commission accept and approve the attached purchase agreement.
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AS- •
RESOLUTION
IN RE: WATERFORD OAKS COUNTY PARK — APPROVAL AND ACCEPTANCE OF
PURCHASE AGREEMENT FOR THE ACQUISITION OF PARCEL NO. 13-24-126-012,
2896 WATKINS LAKE ROAD FOR PARK EXPANSION.
WHEREAS, pursuant to the authorization of the Oakland County Parks and
Recreation Commission, the Oakland County Parks and Recreation Commission and
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 Mr. Roger A. Kidwell, for the purchase of 2896 Watkins Lake
Road, Waterford Township; and
WHEREAS, pursuant to the terms and conditions of said Purchase Agreement,
the County of Oakland shall pay Roger A. Kidwell the sum of $160,000 via a cash sale
for the purchase of said property, 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 Parks and
Recreation Commission hereby approves and recommends acceptance of the terms and
conditions of the attached Purchase Agreement between the County of Oakland as
purchaser and Roger A. Kidwell, seller for a cash sale purchase.
Oakland County Parks and Recreation
Commission
Date: December 12, 2007
0182007 WtfrdOaksKidwell Acq.doc
PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this day of
2007, by and between the Roger Kidwell, a widower, 2896 Watkins Lake Road, Waterford, MI
48328 (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 inclusive of all mineral rights or
mineral royalty interest in the real property, described below, located in the Township of
Waterford, County of Oakland, State of Michigan (hereinafter the "Premises"); said Premises
described as:
See 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 Sixty Thousand Dollars and no/cents
($160,000.00) payable as follows:
1.1 Earnest Money Deposit. Purchaser will tender to Seller upon Purchaser's
Acceptance of this Agreement a draft in the amount of Five Thousand Dollars
($5,000.00) which Seller acknowledges as good and sufficient Consideration for
accepting this Purchase Agreement. Said deposit shall be held by Title
Company, Michigan 48324, (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 plus any
accrued interest 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 Purchase Contingency. The Seller hereby acknowledges that the Purchaser is
engaged in the process of assembling two parcels of land for the expansion of
Waterford Oaks County Park. Therefore, the purchase of the premises is
contingent upon the County of Oakland completing the purchase of a portion of
the Waterford Oaks Community Church property located adjacent to the premises.
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The Oakland County Board of Commissioners shall have 60 days from the date of
purchase of the Waterford Oaks Community Church property 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 Section 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 encumbrances except existing easements of record or
encumbrances accepted by Purchaser.
12 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.
2.3 Seller will grant to Purchaser the right to make all Divisions under Section 108 of
the Land Division Act, Act No. 288 of the Public Acts of Michigan of 1967.
2.4 Seller will convey to Purchaser any and all mineral rights Seller may have in the
Premises.
3. TITLE INSURANCE
The Purchaser my procure a commitment for an ALTA owner's form of title insurance
policy, 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. In addition to the representations and warranties
contained in said Owner's Affidavit, Seller agrees to execute an affidavit indicating the
following:
(i) 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.
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(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 (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 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.
5.1 ALTA/ACSM boundary Survey. Purchaser will obtain, at its own cost, a
ALTA/ACSM boundary survey of the Premises inclusive of intermediate staking for
future fencing purposes. 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.
5.2 Phase I Environmental Assessment. The Purchaser shall at its expense obtain a
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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
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
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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 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. These documents will have also
been reviewed and approved by Purchaser.
The Seller will pay any costs or fees required to remove or satisfy outstanding
mortgages or other liens.
6.5 Purchaser will pay for the recording of the Deed and any notary fees, and the
Seller will pay the property transfer tax (revenue stamps).
6.6 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.
6.7 At Closing the Seller will sign a Certificate of Accuracy, regarding the
Representations made by Seller in Section 12.
6.8 The Seller and Purchaser will sign and/or prepare any other documents necessary
to complete the sale and transfer of the Premises.
6.9 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.
7.1 Purchaser shall have possession of the Premises at the end of Closing.
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7.2 Purchaser agrees that at Closing Purchaser will enter into a separate document
Leasing the Premises back to Seller for a period of one year with a one time
extension of six months. Seller will have the right to terminate said Lease upon
thirty (30) days notice to Purchaser at any time during the course of the Lease for
any reason or no reason.
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, 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
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
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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, 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.
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
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 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 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 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.
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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;
(3) 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,
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 THE WARRANTIES.
The warranties of the Parties contained in this Purchase Agreement shall survive for two
(2) years after Closing.
15. LIABILITY
(1 )
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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.
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: Roger A. Kidwell
2896 Watkins Lake Rd.
Waterford, Michigan 48328
Purchaser: Michael Hughson
County of Oakland Department of Facilities Management
1 Public Works Dr.
Waterford, Michigan 48328
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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.
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 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.
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.
26. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties,
this Purchase Agreement does not and is not intended to create any obligation, duty,
promise, contractual right or benefit, right to be indemnified, right to be subrogated to the
Parties' rights in this Purchase Agreement, and/or any other right, in favor of any other
person or entity.
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•
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
Michael D. Hughson By: Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
Date: , 2007.
Sellers Acceptance
This offer is accepted by Sellers who agree to be bound by all of the terms and conditions
contained therein.
WITNESSED BY: SELLER:
Roger A. Kidwell, a widower
The foregoing instrument was acknowledged before me in County,
Michigan on this day of , 2007, by Roger Kidwell, a widower.
, Notary Public
, Michigan acting
in Oakland County, Michigan.
My Commission expires:
9/26/2007
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EXHIBIT A
Parcel No. 13-24-126-012
2896 Watkins Lake Road
Part of the NW 'A of Section 24, T3N, R9E, Waterford Township, Oakland County, Michigan
described as beginning at a point distant South 89°55'12" East 758.73-ft. and South 24°55'18"
West 366.97-ft, from the Northwest Section corner, thence South 24°55'18" West 298.03-ft.,
thence South 43°39'36" East along the center of Watkins Lake Road 130-ft., thence North
24°5518" East 283,80-ft,, thence North 38°00'00" West 135.84-ft. to the point of beginning.
Containing .82-acres more or less.
M119/14/07
12
* q.p.
Resolution #08013 January 17, 2008
The Chairperson referred the resolution to the Finance Committee. There were no objections.
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d.
FISCAL NOTE (MISC #08013) February 7, 2008
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION - APPROVAL AND
ACCEPTANCE OF PURCHASE AGREEMENT PARCEL NO. 13-24-126-012, 2896 WATKINS LAKE
ROAD FOR EXPANSION OF WATERFORD OAKS COUNTY PARK
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 Miscellaneous Resolution and finds:
1) The Oakland County Parks and Recreation Commission is seeking
approval and acceptance of a purchase agreement between the
County of Oakland and Mr. Roger A. Kidwell for the purchase of
property at 2896 Watkins Lake Road, Waterford, Michigan.
2) The negotiated price is in the amount of $160,000. The land
purchase will expand the current acreage of Waterford Oaks County
Park.
3) The purchase agreement was recommended for approval by the
Oakland County Parks and Recreation Commission on July 18, 2007.
4) No County funds are required for this acquisition.
5) Sufficient funds have been budgeted in the Parks and Recreation
Fund. No budget adjustments are recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Douglas and Potter
absent.
Resolution #08013 February 7, 2008
Moved by Gregory supported by Potter the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory,
Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Woodward, Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
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 February 7, 2008,
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 7th day of February, 2008.