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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 22, 2024 Title: Land Bank - Trade Parcels
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
The Muskegon County Land Bank sold 1694 Pine to the City in error. They would like to trade that
property for 1221 Sanford.
Detailed Summary & Background:
1694 Pine was purchased by Development Services from the Muskegon County Land Bank for $3,500.
We were then notified that this address was already pledged in a Purchase Agreement fo Allen
Edwin in their workforce rental program. The Land Bank proposed a trade for 1221 Sanford.
Development Services is agreeable to that trade. 122] Sanford is of similar size and condition. The
Land Bank will cover any costs associated with the transaction.
Goal/Focus Area/Action ltem Addressed:
Key Focus Areas:
Infill housing opportunity. Diverse housing types.
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
n/a Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Public Improvement Fund. Yes No N/A x
Recommended Motion:
To authorize the Code Coordinator, Samantha Pulos, to fascilitate the trade of 1694 Pine and 1221
Sanford, with the Muskegon County Land Bank.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
information
Technology
Other Division Heads x
Communication
PURCHASE AGREEMENT
AGREEMENT between Muskegon County Land Bank Authority (Seller) of 173 E. Apple
Ave., Muskegon, Michigan 49442 and City of Muskegon (Buyer) of City of Muskegon,
933 Terrace St, P.O. Box 536, Muskegon, MI 49443.
The parties to this agreement to convey real estate agree as follows:
4. SELLER'S DISCLOSURE STATEMENT: Seller is the Muskegon County Land Bank
Authority and is exempt from providing a Seller’s Disclosure Statement. Seller has not
occupied the property and makes no representation regarding the condition of the
property or suitability for any intended use. Seller advises buyer to seek legal counsel
before signing any agreement.
2. PROPERTY DESCRIPTION: Buyer offers to buy property located in Muskegon
County, PN#61-24-205-384-0011-00 commonly known as 1221 Sanford Street,
Muskegon, MI 49442 and legally described as (see legal description attached as
Exhibit A) subject to existing building and use restrictions, zoning ordinances, and
easements if any. Seller agrees to grant Buyer at closing the right to make any
divisions allowable under Section 108 (2), (3), and (4) of the Michigan Land Division
Act.
3. PRICE: Buyer offers to buy the property for the sum of One Dollar ($7.00).
4. TERMS: The Terms of Purchase will be as indicated by “X” below:
(Other unmarked terms of purchase do not apply.)
CASH The full purchase price upon execution and delivery of Quit Claim Deed. Buyer
Agrees to provide Seller verification of funds within five (5) days of the date this
Agreement is fully executed.
5, ACCEPTANCE: Written acceptance of this offer-py.buyer and seller must be
obtained by 5pm on November 15, 2024 or the offer is null and void. Acceptance of the
offer constitutes a binding agreement between the Buyer and Seller. Buyer agrees to
deposit $0, into an escrow account set up for the purpose of completing this sale, within
48 hours of the acceptance of the offer as a good faith deposit to apply to the purchase
price. If the Buyer defaults under the terms of the contract, any and all monies
deposited by Buyer shall be retained by the Seller as liquidated damages. If the Seller
defaults under the terms of the contract, the deposit shall be returned to the Buyer in full
termination of the agreement.
6. TERMS: Buyer will deliver the full purchase price at closing upon execution and
subsequent delivery of a Quit Claim Deed by the Seller. Buyer is responsible for
obtaining title insurance and any settlement fees.
7, BUYER'S PURCHASE CONTINGENCIES: Buyer's obligation is not contingent upon
the sale or exchange of any other property by Buyer.
Page 1 of 4
Seller acknowledge that they will seek legal, tax, environmental and other appropriate
professional advice regarding this transaction. Buyer further agrees that the Buyer is
not relying on any representation or statement made by Seller regarding any aspect of
the property or the sale transaction, except as expressly set forth in this agreement, or
amendment to this agreement. This agreement is the final expression of the complete
agreement of the parties and there are no oral agreements existing between the parties
relating to this transaction. This agreement may be amended only in writing signed by
the parties and attached to this agreement. The parties agree that any signed copy of
this agreement transmitted by facsimile or other electronic means shall be competent
evidence of its contents to the same effect as an original signed copy.
46. PRIOR OWNER PURCHASE: In the event of a sale to a prior owner of the
property, Buyers acknowledge and agree that, pursuant to the Michigan Supreme's
Court Opinion in the case of Rafaeli, LLC v. Oakland County, Buyers have a vested
property right to the surplus proceeds resulting from the tax foreclosure sale of the
Property. Buyers freely and voluntarily waive any right, title or interest in or to any
surplus proceeds resulting from the tax foreclosure sale of the Property by the
Muskegon County Treasurer or the Muskegon County Land Bank Authority. Buyers
hereby further agree to indemnify, defend and hold the Muskegon County Land Bank
Authority harmless from and against any and all losses, claims, expenses, damages,
costs (including attorney fees) and causes of action of any kind which may be brought
by Buyers with respect to the surplus proceeds resulting from the tax foreclosure sale of
the Property. The waiver indemnification provisions contained in this paragraph shall
survive the termination or expiration of this Agreement, and shall not be deemed
merged into any deed delivered to Buyers hereunder.
47. ADDITIONAL TERMS: All property taxes are the responsibility of the buyer and
must be kept current for six years from the date of sale. Failure to adhere to the terms
of the entire purchase agreement, including this addendum, will be considered a default
of said agreement and property will revert to the Muskegon County Land Bank Authority
free and clear of any claim of seller or their assigns. In the event of reversion of title of
the above-described premises, improvements made thereon shail become the property
of the Muskegon County Land Bank Authority.
Splits and combinations shall not be allowed for a period of 5 years preceding
December 31 in the year of sale pursuant to Public Act 258 of 2003.
Buyer hereby acknowledges receipt of a copy of this agreement.
Bu er(s): 7 ; '
Ken solnsoTM Nan Maree sods
Print name as to appear on documents Print name as to appear on documents
Page 3 of 4
Buyer address: 93.5 Terrace Ce
Email:
Date signed: li- 7 cRORY
Sel er hereby _ receipt of a copy of this agreement.
Seller:
Tony Moulatsiotis, Chairman
Print name as to appear on documents
Seller address: 173 E. Apple Ave., Suite 104
Muskegon, MI 49442
Seller phone: 231-724-6170
Date signed: \O:-BB: BOON
Page 4o0f 4
Exhibit A
Legal Description of Property:
The South % of Lot 11, Block 384, Revised Plat of 1903 of the City of Muskegon, as
recorded in Liber 3 of Plats, Page 71, Muskegon County Records
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