HomeMy WebLinkAboutResolutions - 2009.05.21 - 9861MISCELLANEOUS RESOLUTION #09110 May 7, 2009
BY: PLANNING AND BUILDING COMMITTEE. JOHN SCOTT, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILTIES
MANAGEMENT — APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT -
PARCEL NO. 13-13-300-195, 1580 SCOTT 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 Eric and Diane
Ernst, for the purchase of 1580 Scott Lake Road, Waterford Township; and
WHEREAS, pursuant to the terms and conditions of said Purchase Agreement the
County of Oakland shall pay Eric and Diane Ernst the sum of $1,000,000 via a cash sale for the
purchase of said property conditioned upon 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 FT 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 Eric and Diane Ernst,
husband and wife, seller, via a cash sale purchase.
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 to complete the purchase of said property.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Approval and Acceptance of Purchase Agreement
Erie and Diane Ernst Property
Parcel No. 1343-300495
Waterford Oaks County Park
On February 24, 2009 pursuant to the rules and procedures of the Oakland County Board of Commissioners
the Oakland County Board of Commissioners Planning and Building Committee authorized staff to begin
negotiations for the purchase of )580 Scott 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. 13-13-300-395.
Property Description: Family farm/retail greenhouse operation.
Buildings: 1392-sf. 1.5 story home, detached 3 car garage, older two story barn and 20
operating greenhouses and related equipment. Land area: 5.2-ac.
Zoning: R-1 A, Single Family Residential. The property is allowed to operate as a
seasonal greenhouse and retail operation by the terms of a consent judgment
dated 12/15/92 between the property owner and Waterford Twp.
Appraised value: Oakland County appraisals: $950,000 and $959.300.
Ernst appraisal: $1,050,000.
Purchase Price: $1.000,000. Cash sale. Earnest money Deposit: $100,000,
Estimated Oakland County acquisition expenses;
Purchase Price: $1,000,000
Phase 1 Environmental Assessment: 2,000
Phase II Environmental Assessment: 4,000 (if necessary)
Title Insurance & Closing 3,325
Alta Survey 6,900 (includes wetland delineation)
Estimated Total Cost: $1,016,225
Seller expense Property tax proration
Property transfer tax: $8,600
Funding: Oakland County Parks and Recreation Commission Land Acquisition Fund.
The purchase is conditioned upon performance of required due diligence including receipt of a negative
Environmental Assessment report and subject to final approval by the Oakland County Board of
Commissioners.
Seller/owner of record: Eric and Diane Ernst, Waterford, Michigan.
It is the recommendation of the Oakland County Parks and Recreation Commission and the Department of
Facilities Management that the Oakland County Board of Commissioners accepts and approves the attached
purchase agreement.
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PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter "Agreement") made and entered into this
day of , 2009, by and between Eric M. Ernst and Diane Ernst,
husband and wife, 1580 Scott Lake Road, Waterford, MI 48328 (hereinafter "Seller") and the
COUNTY OF OAKLAND, a Michigan 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 in Exhibit A,
located in the Township of Waterford. County of Oakland, State of Michigan, commonly known as
1580 Scott Lake Road, including all buildings, structures, and greenhouse equipment located on the
real estate (hereinafter "Premises"). The only personal property that is part of this sale is the
personal property relating to the greenhouses. All other personal property located inside and outside
the various buildings will remain the personal property of the Seller's. The Purchaser intends only to
utilize the Premise for parks and recreation purposes or other governmental purposes.
1. PURCHASE PRICE/CONSIDERATION.
Subject to the adjustments and prorations provided for in this Agreement, the
purchase price of the Premises shall be One Million Dollars and no/cents
(S1,000,000,00) payable as follows:
1.2 Earnest Money Deposit. Upon execution of this Agreement by both Parties, the
Purchaser will tender to the Seller a draft in the amount of One Hundred Thousand
Dollars $100,000.00) which the Seller acknowledges as an earnest money deposit
("depose) and as good and sufficient consideration for accepting this Agreement.
Said deposit shall be held by a Title Insurance Company selected by the Purchaser
(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.
1.3 Payment of Balance of Purchase Price, This is a cash sale. At the time of closing,
after applying the 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 the
Seller by the Purchaser or wired by the Purchaser to the Seller's bank (or to title
company), at the Seller's option.
1.4 The Seller, under a separate agreement shall be responsible for and pay any broker or
finder fee in connection with this transaction.
1.5 The Oakland County Board of Commissioners shall have sixty (60) days from the.
date of Seller's acceptance of this Agreement, to accept this Agreement on behalf of
the Purchaser. If the Oakland County Board of Commissioners does not accept this
1.1
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Agreement. then it shall be null and void and the deposit and interest shall be
returned to the Purchaser. The Purchaser shall notify the Seller, within seven (7)
days, of the approval or disapproval of this Agreement by the Board of
Commissioners.
2. TITLE CONVEYED.
Form of Conveyance. At closing, the Seller shall grant and convey legal title to the
Premises to the Purchaser pursuant to a warranty deed, subject only to: (1) the lien of
taxes on the Premises not yet due and payable; and (2) the casements and covenants,
conditions and restrictions of record as shown on the title commitment accepted by
the Purchaser.
2.2 Upon execution of this Ageement, the Seller shall not to lease, assign, or grant a
security interest or other lien that would encumber the Premises after closing. The
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.
3.1 The Purchaser will procure a commitment for an ALTA owner's form of title
insurance policy, a copy of which will be delivered to the Seller.
3.2 The title insurance 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.
3.3 The 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, the Seller
agrees to execute an affidavit indicating the following: (1) the Seiler is not on notice,
whether actual or anticipated notice, of any pending claims against the Seller that
would affect the sale of the Premises. (2) there are no court orders prohibiting the
sale of the Premises.
4. TITLE OBJECTIONS.
4.1. The Purchaser shall have twenty (20) days after receipt of the title insurance 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 to the Seller that, in the
opinion of the Purchaser's attorney, the title is defective, the Seller shall have thirty
1.1
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(30) days from the date the Seller is notified of the particular defect(s) claimed, to do
either of the following: (1) remedy the defects or (2) obtain at the Seller's cost and
expense a substitute commitment for title insurance, insuring in a manner satisfactory
to the Purchaser. the Purchaser's title against the claimed defects. If the Seller fails to
remedy the defects or obtain a substitute commitment for title insurance within said
period, the Purchaser may do any of the following at its sole option: (I) waive the
claimed title defects and close subject to same, (2) defer the closing until such time as
the claimed defect(s) can be remedied, if such defects can be remedied in a
reasonable time, or (3) terminate this Agreement.
5. DUE DILIGENCE INVESTIGATIONS.
5.1 The Purchaser will have ninety (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 as set forth in this Section, unless this
section specifically provides otherwise.("Inspection Period").
5.2 Survey, The Purchaser shall, at its expense, obtain an ALTAIACSM boundary
survey of the Premises, The Purchaser shall have until the expiration of the
Inspection Period to determine if the survey matches the Premises as described in
Exhibit A. If in the written opinion of the Purchaser's attorney prior to the expiration
of the inspection Period, the survey does not match the Premises as described in
Exhibit A, then upon written notice received by Seller prior to the expiration of the
Inspection Period, the Seller shall have thirty (30) days from the date the Seller is
notified of the particular defect(s), to remedy the defects. If the Seller fails to or
cannot remedy the defects, the 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, or (3) terminate this Agreement.
5.3 Phase I Environmental Assessment.
5.3.1 The Purchaser shall at its expense obtain a Phase I Environmental
Assessment ("Phase 1") performed consistent with applicable ASTM
standards. If the Phase 1 discloses no environmental concerns, then the
Parties will proceed to closing pursuant to Section 6.
5.3,2 if, prior to the expiration of the Inspection Period, the Phase 1 reveals any
contamination that would cause the Premises to be a Facility under Part 201
of the Michigan Natural Resources Environmental Protection Act (MCL
324.20101 et, seq.) (hereinafter Part 201), then the Purchaser may do any of
the following, provided it provides such notice prior to the expiration of the
Inspection Period, at its sole option: (1) terminate this Agreement and receive
back its deposit and any accrued interest or (2) commission a Phase II
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Environmental Assessment ("Phase Hi The Purchaser shall notify the Seller
prior to the expiration of the Inspection Period if it elects to terminate this
Agreement for environmental reasons or perform a Phase II.
5.33 If the Phase II discloses that the Premises is a Facility the Purchaser, at its
option, may elect to perform a Baseline Environmental Assessment (BEA).
The Purchaser shall have an additional one hundred and eighty (180) days
from the expiration of the Inspection Period ("Extended Inspection Period")
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.
53.4 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 Section 6.
5.3.5 If, prior to the expiration of the Extended Inspection Period, the Purchaser
notifies Seller that it did not receive an exemption of liability from the
MDEQ, or if MDEQ requires response activities to be performed, then the
Purchaser may do any of the following, at its sole option: (I) terminate this
Agreement and receive back its deposit and any accrued interest or (2)
proceed to closing pursuant to Section 6.
5.4 The Purchaser may perform any other investigations during the inspection period that
it, in its sole discretion, shall deem appropriate.
5.5 Nothing in this Agreement will prohibit the Parties from modifying or extending the
date for closing if such changes are necessary based upon the due diligence property
investigations. Such modification or extension must be agreed to in a written
addendum to this Agreement signed by both Parties.
5.6 If, prior to the expiration of the Inspection Period (or the Extended Inspection Period,
as the case may be), the Purchaser, in its sole discretion, gives written notice to the
Seller that it is not satisfied with the condition of the Premises, as evidenced by the
due diligence investigations, then the Purchaser shall be entitled to the return of its
deposit and any accrued interest thereon and may terminate this Agreement.
5.7 This Agreement is contingent upon the due diligence requirements set forth in this
Section.
5.8 The Purchaser shall promptly notify the Seller of the results of any and all testing or
surveys performed upon the Premises.
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6. CLOSING, AND CLOSING DOCUMENTS.
6.1 If this offer is accepted by the Seller and the Oakland County Board of
Commissioners pursuant to Section 1.5 and if the Seller can convey title and comply
with all of contingencies set forth in this Agreement, then the Purchaser agrees to
complete the sale on or before August 28, 2009.
6.2 The closing shall be held at the offices of a Title Company of the Purchasers
choosing or any other mutually convenient location agreed upon by the Parties. The
Purchaser or the Title Company, will prepare the necessary documents for signatures,
if the Purchaser so elects.
6.3 The Purchaser, at least five (5) days prior to closing, shall submit to the Seller all
closing documents required by the Purchaser.
6.4 The Seller will 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, The Seller at least five (5) days prior to closing shall
submit these documents to the Purchaser for review and approval.
6.5 The Seller will pay any costs or fees required to remove or satisfy outstanding
mortgages or other liens on the Premises.
6.6 The Purchaser will pay for the recording of the Warranty Deed and any notary fees.
The Seller will pay for the property transfer tax (revenue stamps).
6.7 At the 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.
6.8 At the closing, the Seller will sign a Certificate of Accuracy, regarding the
Representations made by the Seller in Section 12.
6.9 The Seller and the Purchaser will sign andior prepare any other documents necessary
to complete the sale and transfer of the Premises.
6.10 The Seller will provide to the Purchaser an accounting of all rents and fees, if any,
that pertain to the Premises and were paid to the 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 the closing and the Seller shall tender to
the 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.
6.11 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; the Seller being responsible
for taxes up to and including the date of closing.
7. POSSESSION.
7.1 The Seller may operate its greenhouse business (retail sale and growing of flowers
and plants) for the 2009 season.
7.2 Notwithstanding any other provision, the Seiler shall vacate the Premises by August
30, 2009. The Purchaser shall have possession of the Premises on September 1,
2009.
7.3 Except for the greenhouse equipment, he Seller shall remove all personal property
from the Premises including appliances and shall leave the Premises in good and
clean condition.
7.4 At the closing, the Purchaser shall enter into a separate document leasing the barn on
the Premises and a 10 feet by 50 feet portion of the Premises, directly north of the
barn, to Steven Ernst for a period of five (5) years. The barn and the portion of the
Premises shall be used for personal gardening purpose.
8. RIGHT OF ENTRY AND ACCESS.
8.1 While this Agreement is in effect, the 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 the Purchaser deems necessary or
desirable to determine the Premises' suitability for the conduct of the Purchaser's
business.
8.2 The Purchaser shall promptly notify the Seiler prior to the time its agents intend to be
upon the Premises to perform any surveying or testing as set forth in this Agreement.
8.3 In the event that this sale does not take place, then the Purchaser, at its expense, shall
restore the Premises to substantially the same condition that existed on the date this
Agreement was executed, to the extent such restoration is necessary due to the
Purchaser's actions.
9. DEFAULT OF SELLER, In the event the 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
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9.1 The Purchaser may specifically enforce this Agreement and require specific
performance of this Agreement by judicial decree; or
9.2 The Purchaser may demand a refund of the entire deposit plus accrued interest and
terminate this Agreement.
10. DEFAULT OF PURCHASER, In the event the Purchaser shall materially default in the
performance of its obligations herein, the Seller may, in its sole discretion, elect to proceed
under either 10.1 or 10.1 but not both
10.1 The Seller specifically enforce this Agreement and require specific performance of
this Agreement by judicial decree; or
10.2 The Seller may declare that the Purchaser has forfeited all rights hereunder and retain
the deposit and interest as liquidated damages, The retention of the deposit and
interest by the Seller shall cancel this Agreement and be in full and final satisfaction
of any and all claims that the Seller may bring against the Purchaser.
11. RISK OF LOSS.
No risk of loss shall pass to the Purchaser prior to closing. Except as otherwise provided in
this Agreement, the Purchaser acknowledges the following: (1) the 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 the Purchaser to inspect the Premises to determine if
they are satisfactory to the Purchaser.
12. WARRANTIES BY THE SELLER. The Seller warrants to the Purchaser and shall certify to
the Purchaser upon the execution of this Agreement the following:
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 the Purchaser with any
necessary resolutions, waivers and consents or other documents that verify the Seller
has the requisite authority, which documents can be attached hereto as Exhibit B.
12.2 The Seller is the fee simple owner of the Premises and will discharge any liens prior
to closing.
12.3 To the 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 the Seller or any third party.
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12.4 To the Seller's 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
Purchaser's right to receive fec title absolute.
12.5 To the 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 the Seller's ability to convey the Premises.
12.6 The Seller has no notice or knowledge of any of the following:
12.6.1 any planned or commenced public improvements that might result in special
assessments or otherwise directly and materially affect the Premises;
12.6.2 any government agency or court order requiring corrections of any existing
conditions;
12.6.3 any request by an insurer or a mortgagee of the Premises requiring correction
of any existing conditions.
12.7 The Seller has not used the Premises for the purpose of disposing, 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 PURCEaaLlhe Purchaser warrants the fbilowing to the Seller:
13.1 The Purchaser is a Michigan Constitutional Corporation.
13.2 The Purchaser has full authority and funding to enter into and perform this
Agreement in accordance with its conditions and will provide the Seller with
the pertinent resolution which will be attached as Exhibit C.
14. SURVIVAL OF THE WARRANTIS, The warranties of the Parties contained in this
Agreement shall survive for two (2) years after closing
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15. LIABILITY. The 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 the Purchaser or the Purchaser's
agent(s) while performing any surveys or due diligence inspections of the Premises prior to
the closing. The 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 Section.
16. DOWER INTEREST, The Seller, Diane Ernst, agrees to bar her dower right, pursuant to
MCL 558.1, et al, at the time of conveyance.
17. CONDEMNATION/EMINENT DOMAIN. 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, the Purchaser may, at its option, terminate this Agreement by giving written
notice to the Seller. If the Purchaser elects to terminate this Agreement as a result of a
condemnation proceeding or exercise of eminent domain, then the deposit paid by the
Purchaser and any accrued interest shall be returned to the Purchaser. 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. If the Purchaser does not elect to terminate this
Agreement in the event of the exercise of eminent domain or condemnation, the Purchaser
shall accept title to the Premises without any reduction of the purchase price and the Seller
shall assign to the 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:
Seller: Eric and Diane Ernst
1580 Scott Lake Road
Waterford. MI 48328
Purchaser: Michael Hughson
County of Oakland Department of Facilities Management
1 Public Works Dr.
Waterford, Michigan 48328
248-858-5380
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
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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, any regulations, applicable to their activities under this
Agreement.
21. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay 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 AMENDMENT. Any modifications, amendments,
rescissions, waivers, or releases to this Agreement must be in writing and agreed to by both
Parties.
25. GOVERNING LAWS/CONSENT TO JURISDICTION AND VFNUF, 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
shall not be deemed to preclude the enforcement of any judgment obtained in such forum or
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taking action under 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,
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: , 2009.
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Seller' s Acceptance
WITNESSED BY: SELLER(S):
Eric Ernst
Diane Ernst
The foregoing instrument was acknowledged before me in Oakland County, Michigan on this
day of , 2009 by Eric Ernst and Diane Ernst, husband and wife.
, Notary Public
Oakland County, Michigan acting in
Oakland County, Michigan.
My Commission expires:
4/8109
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EXHIBIT A
Parcel No. 13-13-300-195
1580 Scott Lake Road
Waterford, Michigan 48328
The South 15 acres of the West '/2 of the Southwest Vi of Section 13, T3N, R9E, Waterford
Township, Oakland County, Michigan. Excepting the North 73 feet of the West 183 feet; also
excepting the West 60 feet taken for road; also excepting a portion described as beginning at a
point distant S 89 055'12" East 551,79 feet from the Southwest section corner; thence N
00'02'42" West 495.00 feet; thence S 89°55'12" East 784.04 feet; thence S 00'03'45" West 495
feet; thence N 89'55'12" West 783.11 feet to the point of beginning. Containing approximately
5.2-ac.
Mh3/10/09
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Waterford Oaks County Park
Eric & Diane Ernst Property
Location: 1580 Scott Lake Road, Waterford, Michigan. East side of Scott
Lake Road just north of the intersection of Watkins Lake Road. At
southwest corner of Waterford Oaks County Park.
Owner(s): Eric and Diane Ernst.
Parcel No. 13-13-300-195.
Parcel size:
Property Description: Family farm/greenhouse operation (see attached exhibit).
Buildings: 1392-ft. 1.5 story home, detached 3 car garage, older two story
barn and 20 operating greenhouses and related equipment.
Zoning: R-1A, Single Family Residential. The property is allowed to
operate as a season greenhouse and retail operation by the terms of
a consent judgment dated 12/15/92 between the property owner
and Waterford Twp.
State Equalized Value $98,130 (Assessed as residential).
Appraised value: Oakland County appraisals: $950,000 and $959,300.
Ernst appraisal: $1,050,000.
Purchase Price: $1,000,000. Earnest money Deposit: $100,000. Cash sale.
Mh4/15/09
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)tsclaimer: Tic information provided in this system has nem compiled from recorded deeds, plats, tax maps, surveys and other public records and data. It is not a legally recorded map
ir survey and is not intended ro be used as one. Lsers of tins data are hereby notified that the information sources mentIoned above should be consulted for verification of the
nformation.
100 200 Ernst Property 400
• Feet
=Waterford Oaks
Ernst Property Own 0er: Eric Ernst
Parcel ID: 1313300195
.4
I n
Resolution #09110 May 7, 2009
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #09110) May 21, 2009
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES MANAGEMENT —
APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT - PARCEL NO. 13-13-300-195, 1580 SCOTT
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 Eric and Diane Ernst for the purchase of
property parcel no. 13-13-300-195 at 1580 Scott Lake Road. Waterford, Michigan.
2. The negotiated price is in the amount of $1,000,000. 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 April 15, 2009.
4. No Oakland County General Fund/General Purpose funding is required for this acquisition.
5. Sufficient funding is available in the Oakland County Parks and Recreation Commission's Fiscal Year
2009 Capital Improvement Program Budget. No budget amendment is recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimousfy on a roll call vote with Gingell absent.
4,
Resolution #09110 May 21, 2009
Moved by Gosselin supported by Schwartz the resoiutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Cape°, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Jackson,
Jacobsen, Long, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Zack,
Bullard. (21)
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-accepte-d).
I HEREBY APPROVE THE FOREGOING RESOLUTION
ACTING PURSUANT TO 1973 PA 139
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 May 21.
2009, 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 21st day of May, 2009.
Gat
Ruth Johnson, County Clerk
