ADOPTED - JUNE 8, 2010
Agenda Item No. 12
Introduced by the County Services and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION AUTHORIZING A LEASE/OPTION TO PURCHASE AGREEMENT WITH THE CITY OF MASON FOR RAYNER PARK
RESOLUTION #10-189
WHEREAS, the County has determined in the 2010 Budget process that it will be financially unable to continue the operation of Rayner Park; and
WHEREAS, the City of Mason, in which Rayner Park is located, desires to continue Rayner Park’s operation, and is interested in eventually acquiring the Rayner Park property to use for City public park purposes; and
WHEREAS, the parties are agreeable to entering an agreement that will continue to allow Rayner Park to be available for public park uses for the citizens of the City and the County.
THEREFORE BE IT RESOLVED, the Ingham County Board of Commissioners authorizes to lease to the City of Mason real property located in the City of Mason, Ingham County, Michigan, commonly known as Rayner Park, legally described as set forth in the legal description, attached and incorporated by reference as Schedule A, together with all improvements, buildings, fixtures and facilities (hereafter, the “Premises”), subject to any easements, utilities, or restrictions or conditions of record.
BE IT FURTHER RESOLVED, at the commencement of the Lease Term, the County shall transfer possession of the premises in good order and condition, normal wear and tear excepted.
BE IT FURTHER RESOLVED, the Lease Term shall commence at 12:01 a.m. on June 9, 2010, or as soon as possible after June 9, 2010, after this Agreement is fully signed by the authorized representatives of both the County and City, and shall remain in effect through December 31, 2016, unless terminated earlier due to any of the following: (1) the City ceases using the Premises for public park purposes, or (2) the County terminates the lease and Option to Purchase prior to the expiration date, upon 90-days written notice, to accommodate use of the Premises in conjunction with the adjacent Ingham County Fairgrounds to facilitate the operation of a State Fair.
BE IT FURTHER RESOLVED, that the County grants the City an exclusive Option to Purchase the Premises described in the attached Schedule A, with all easements, rights, structures and appurtenances with the purchase price for the premises under this option of ONE AND NO/100 DOLLARS ($1.00).
BE IT FURTHER RESOLVED, that the Option to Purchase shall remain in effect from January 1, 2016 through the balance of the duration of this Lease/Option to Purchase Agreement.
BE IT FURTHER RESOLVED, that the City may exercise its Option to Purchase under this Agreement by giving written notice signed by the City to the County at the address designated by the County.
BE IT FURTHER RESOLVED, that if the City fails to properly exercise this Option to Purchase before this Agreement expires, this Option to Purchase shall terminate and the County shall have no further obligation to the City.
ADOPTED - JUNE 8, 2010
Agenda Item No. 12
RESOLUTION #10-189
BE IT FURTHER RESOLVED, that if the City exercises its Option to Purchase under this Agreement, the County, at its expense, will conduct a professional survey of the real property located in the City of Mason, Ingham County, Michigan, commonly known as Rayner Park, legally described as set forth in the legal description, attached and incorporated by reference as Schedule A.
BE IT FURTHER RESOLVED, that if the City exercises its Option to Purchase under this Agreement, the deed that is provided pursuant to this agreement shall contain a restriction which limits the use of the Premises for public park purposes for a term of twenty (20) years.
BE IT FURTHER RESOLVED, in the event that the City ceases to use the Premises for public park purposes during such 20-year term, the Premises shall automatically revert to the County, except that the City may transfer title, possession, or use of the premises to a recreational authority established between the City and participating municipalities pursuant to the Recreational Authorities Act, 2000 PA 321, MCL 123.1131, or to a similar public entity that will continue to use the Premises for park purposes, without causing the premises to revert to the County.
BE IT FURTHER RESOLVED, the City shall pay the County annual rent for the Premises in the nominal amount of One Dollar ($1.00).
BE IT FURTHER RESOLVED, as additional consideration, the City shall otherwise expend all funds necessary for the operation and maintenance of Rayner Park, and the County shall, at no cost, reserve and retain the right to use the Premises for vehicle parking purposes in conjunction with the annual Ingham County Fair.
BE IT FURTHER RESOLVED, that the Chairperson of the Ingham County Board of Commissioners and the County Clerk are authorized to sign any necessary lease/purchase documents consistent with this resolution and approved as to form by the County Attorney.
COUNTY SERVICES: Yeas: Copedge, Schor, Celentino, Grebner, McGrain, Vickers
Nays: None Absent: None Approved 6/1/10
FINANCE: Yeas: Grebner, Tennis, Bahar-Cook, Schor, Dougan
Nays: Holman Absent: None Approved 6/2/10
ADOPTED - JUNE 8, 2010
Agenda Item No. 12
RESOLUTION #10-189
Revised June 8, 2010
SCHEDULE A
LEGAL DESCRIPTION
A part of the West ½ of Section 9, Town 2 North, Range 1 West, City of Mason, Ingham County, Michigan described as: the West 625 feet of that part of the Northeast ¼ of said Section 9 lying South of Ash St., aka Highway M-36, except beginning at Southeast corner of said West 625 feet, thence North 225 feet, thence Southwesterly to point on East-West ¼ line of said Section 9, 85 feet West of the point of beginning, thence East 85 feet to the point of beginning. Also the West 540 feet of the Southeast ¼ of said Section 9. Also the East 300 feet of the South 1350 feet of the West 840 feet of Southeast ¼ of said Section 9. Also the East 75 feet of the South 885 feet of the West 915 feet of Southeast ¼ of said Section 9.
59.9 acres more or less