Approved Agreements and Contracts 2024/06/11 Nelson House Removal & Relocation Agreement

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                                                                                        2024-S55- CK)
               M U S KE G O N
                          .
                                                                       Charles W. Poole, ‘oo aarelnieereanan Building
                                                                                        1458 5th Street, Muskegon, MI 49441
               Public Schools                                                             (231) 720-2000 Fax: (231) 720-2050

Strong Schools, Stronger Communities

                              HOUSE REMOVAL AND RELOCATION AGREEMENT


      This Agreement is made effective June 4, 2024, by Muskegon Public Schools (formerly the School
      District of the City of Muskegon and the Public Schools of the City of Muskegon), a Michigan general
      powers school district organized and operating under the Revised School Code, MCL 380.1, et seq., as
      amended, whose address is 1458 5' Street, Muskegon, Michigan 49441 (“MPS”), and the City of
      Muskegon, a Michigan municipal corporation, whose address is 933 Terrace Street, Muskegon, Michigan
      49440 (“City”), (individually, a “Party” and collectively, the “Parties”) with reference to the following
      facts:


                                                       Background


      A.        MPS owns the real property located at 1292 Jefferson St, Muskegon, Michigan 49441, and as
      legally described on the attached Exhibit A (the “Premises”). A vacant residential structure sits on the
      Premises (the “House”).


      B.        The Parties have agreed to collaborate to remove and relocate the House from its current location
      on the Premises to another location within the City of Muskegon (the “Project’’).


      C.        The Parties wish to enter into this Agreement to define the rights and responsibilities regarding
      the Project.


      Therefore, for good and valuable consideration, the Parties agree as follows:


      I.        House Removal and Relocation; Purchase Price. MPS and City acknowledge and agree to
      City’s proposed removal and relocation of the House from its current location on the Premises to another
      location determined by City. The purchase price for the House shall be $100.00, which City shall pay to
      MPS promptly following the full execution of this Agreement.


      2.        Obligation to Remove. Following full execution of this Agreement, City and City’s agents and
      contractors shall have the right to enter the Premises and the House in order to remove the House and any
      contents within the House as of the date of this Agreement. City shall be solely responsible for all costs
      and liability associated with or related to the removal and relocation of the House. It shall be MPS’s sole
      responsibility to restore the condition of the Premises following City’s removal of the House. City agrees
      that the House shall be removed on or before July 10, 2024.


      3.        Utility Obligations. Prior to transfer of ownership of the House, the Parties shall reasonably
      cooperate to ensure all utilities have been disconnected at the exterior of the House. It shall be the
      responsibility of City, or City’s agents or contractors, to disconnect any wiring or plumbing within the
      House to isolate the House from the basement and/or foundation and to work in consultation with the
      applicable utility providers to coordinate other logistical issues related to the removal of the House. The
      final remaining site should have all utilities removed and properly secured for filling the land in.


      4.        Removal Notice. City shall provide MPS with at least three (3) days’ notice of the date on which
      City plans to remove the House from the Premises.


      di        Permits for Moving House. City shall, at its own expense, obtain all required licenses and
      permits for moving and relocating the House.
           M U S. KE G O N                                           Charles W. Poole, Sr. Administration Building
                                                                                      1458 5th Street, Muskegon, MI 49441
             Public Schools                                                            (231) 720-2000. Fax: (231) 720-2050

Strong Schools, Stronger Communities


      6.     Insurance. City shall obtain and maintain commercial liability insurance to protect against loss
      or damage during the removal process. City shall require any contractor it engages to perform the
      removal to obtain and maintain the same coverage. Limits of liability shall be at least $1,000,000 per
      occurrence and each such policy shall name MPS as an additional insured.

      7.      Transfer of Ownership. In exchange for City’s obligation to relocate the House pursuant to the
      terms of this Agreement, MPS agrees to execute a bill of sale transferring ownership of the House and its
      contents to City, a copy of which is attached and incorporated herein as Exhibit B.

      8.      General Provisions.


      a.      Governing Law. This Agreement will be governed by and interpreted in accordance with the
      laws of the state of Michigan.


      b.     Entire Agreement. This Agreement constitutes the entire agreement between the parties and
      supersedes all prior agreements and understandings, both written and oral, with respect to the subject
      matter hereof.


      C.      Amendment. This Agreement shall not be amended or modified except in a writing signed by the
      Parties hereto.


      d.       Severability. If any provision of this Agreement or its application to any person or circumstance
      shall be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected, and
      each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

      e.       Counterparts. This Agreement may be executed in counterparts, and each set of duly delivered
      identical counterparts which includes all signatories shall be deemed to be one original document.
               MUSKEGON                         Charles W. Poole, Sr. Administration Building
                                                              1458 5th Street, Muskegon, MI 49441
               Public Schools                                     (231) 720-2000   Fax: (231) 720-2050


Strong Schools, Stronger Communities

      MPS — Muskegon Public Schools    CITY — City of Muskegon

      ry Lent. GS                      as)       ee
                                                 2
      Name: Matthew T. Cortez~         Name: ‘Ken Johhson
      Title:   Superintendent          Title:   Mayor
      Date:       CZ, cy               Date:      b= 49-8.03-Y
                                       By:       , ~~ SS 2              UN
                                       Name: Ann Meisch
                                       Title:   City Clerk
                                       Date:     A      ae ea Y
           M U S. KE G O N                                            Charles W. Poole, Sr. Administration Building
                                                                                    1458 5th Street, Muskegon, MI 49441
             Public Schools                                                          (231) 720-2000 Fax: (231) 720-2050

Strong Schools, Stronger Communities

                                                   EXHIBIT A


                                                 Legal Descriptions


      The following premises situated in the City of Muskegon, County of Muskegon, State of Michigan:

      Lots 1, 11 and 12. Block 395, Revised Plat (of 1903) of the City of Muskegon, as recorded in Liber 3 of
      Plats, Page 71.


      Parcel No.: 61-24-205-395-0001-00
      Commonly known as: 1292 Jefferson Street, Muskegon MI 49441
            MUSKEGON                                                    Charles W. Poole, Sr. Administration Building
                                                                                        1458 5th Street, Muskegon, MI 49441
              Public Schools                                                                (231) 720-2000   Fax: (231) 720-2050


Strong Schools, Stronger Communities

                                                      EXHIBIT B


                                                    BILL OF SALE


      Muskegon Public Schools (formerly the School District of the City of Muskegon and the Public Schools
      of the City of Muskegon), a Michigan general powers school district organized and operating under the
      Revised School Code, MCL 380.1, et seg., as amended, whose address is 1458 5'" Street, Muskegon,
      Michigan 49441 (“Seller”),       for the purchase price of $100.00, transfers and assigns to the City of
      Muskegon,        a   Michigan    municipal   corporation,      whose   address   is     933   Terrace    Street,
      Muskegon, Michigan 49440(“Buyer”), the residential building on the real property located at 1292
      Jefferson Street, Muskegon, Michigan 49441 (the “House’’).


      1.       Seller represents and warrants that (a) Seller has the full right to sell and transfer the House,
      and (b) to the best of Seller’s knowledge, title to the House is clear and unencumbered.


      Zi       Buyer represents and warrants that Buyer has had the opportunity to inspect the House and that
      it is being purchased in its “AS IS”, “WHERE IS” condition. No implied warranties of habitability,
      quality, condition, fitness for a particular purpose, or any other implied warranties shall operate
      between Seller and Buyer, and Buyer expressly waives any and all such implied warranties. Buyer is
      responsible for all taxes and assessments that come due with regard to the House after the date of this
      Bill of Sale.


      The Parties have executed this Bill of Sale effective June 4, 2024.


           MPS — Muskegon Public Schools                    CITY — City of Muskegon


           By: W/m SA
           Name: Matthew T. Cortez
                                                            By: be Crdnn/—~
                                                            Name: Ken Johnson
           Title:     Superintendent
           Date:      _ 7/1127


                                                            Name: Ann Meisch
                                                            Title:    City Clerk
                                                            Date:      G@-/2-2Y

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