MICHIGAN DEPARTMENT OF TRANSPORTATION REAL ESTATE OVER-THE-COUNTER SALE
by user
Comments
Transcript
MICHIGAN DEPARTMENT OF TRANSPORTATION REAL ESTATE OVER-THE-COUNTER SALE
MICHIGAN DEPARTMENT OF TRANSPORTATION REAL ESTATE OVER-THE-COUNTER SALE STATEWIDE AGRICULTURAL PROPERTIES – LICENSE AGREEMENTS Visit our website at www.michigan.gov/mdot-land for updated sale information. Parcels placed on Over-the-Counter (OTC) are available at the full bid price. You must submit the following information to the address below: 1) Complete the Agricultural License Agreement, Form 2918. 2) Bid Sheet from the brochure. 3) Full bid price. Payments should made payable to the State of Michigan in the form of a Certified/Cashier’s Check, Personal Check or Money Order. Priority will be given in order of receipt when submitted with the above information. Failure to provide the above information will result in your request being returned. MDOT reserves the right to refuse any and all offers. Information should be sent to the following address: Teresa Vanis Michigan Department of Transportation 425 W. Ottawa Street Lansing, Michigan 48933 MDOT RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS The location of this meeting is accessible to individuals with mobility impairments. Accessible parking is available. Person requiring accommodations to attend and participate in this meeting, as required by the Americans with Disabilities Act, should contact the Excess Property Unit at (517) 373-3568 (voice) or through the Michigan Relay Center at 1-800-649-3777 (TDD) at least four (4) days in advance. This booklet can be made available, upon request, in alternative formats such as large print, braille and audio-tape by contacting the Excess Property Unit at (517) 373-3568 (voice) or through the Michigan Relay Center at 1-800-649-3777 (TDD). Parcels may be withdrawn at any time at the discretion of the Michigan Department of Transportation (MDOT). For updated information, please check the MDOT Excess Property website at: www.michigan.gov/mdot-land TERMS AND CONDITIONS OVER-THE-COUNTER - AGRICULTURAL LICENSED PROPERTIES 1. Each property will be licensed for the bid price listed on the Bid Sheet for a term of 5 years. 2. Those interested in submitting a bid are required to complete an "Agricultural License Agreement", which must be submitted with the bid price. The successful bidder will be based on the order bids are received. 3. Bid payments may be in the form of CERTIFIED/CASHIER'S CHECK, PERSONAL CHECK or MONEY ORDER, payable to the "State of Michigan". Bids will be held by the Michigan Department of Transportation (MDOT) and under no circumstances will MDOT be liable for interest on the bids. 4. MDOT reserves the right to reject any and all bids and to waive defects in the bidding. Names on the "Agricultural License Agreement" must be accurate. If married, list the name of both parties. Corporations must state where incorporated and provide Articles of Incorporation along with their bid. 5. MDOT may, at its sole discretion and upon written notice to the Tenant, terminate or temporarily suspend the “Agricultural License Agreement”. 6. Tenant agrees not to rent, sublease or to allow use by any other person other than those designated in the "Agricultural License Agreement". 7. The “Agricultural License Agreement” allows for the agricultural use of the subject property for the purpose of planting, cultivation and harvest of fields, orchards, crops and/or vineyards. Under no circumstances will hunting be allowed on the subject property under this “Agricultural License Agreement”. 8. The parties mutually agree the "Agricultural License Agreement" is subject to the provision of Act 189 of 1953 as amended (Users of Tax Exempt Property), which states that taxes levied on the property shall be paid by the Tenant. 9. Tenant agrees not to remove any timber or trees from the subject property. 10. Properties are offered subject to any encumbrances, governing restrictions, and easements of record. MDOT makes no warranties or representations as to the condition of the property. No title policy shall be furnished. 11. Any building improvements or structures presently located on MDOT land are excepted from the terms and conditions of the agreement and are not included as part of the “Agricultural License Agreement”. 12. The Tenant accepts the premises in its present condition, i.e., "as is", and releases MDOT and the State of Michigan and its officers, employees and agents from all liability arising from any condition of the premises, whether now known or subsequently discovered, including but not limited to all claims based on environmental contamination of the premises. 13. All water run-off and drainage from the abutting highway right of way will be allowed a free and uninterrupted flow over the subject property. The Tenant shall not change the physical condition of the subject land to impede the free flow of water run-off and drainage from the abutting highway right of way. 14. The subject property is subject to the provisions of Act 106, Public Acts of 1972, as pertains to outdoor advertising. 15. MDOT reserves such interests as may be necessary to permit invasion of airspace above subject property, including structures, by noise, vibrations, fumes or dust arising from construction, maintenance, repair, removal or use of adjacent highway or street. The Tenant agrees not to assert any claims arising out of the interests herein reserved. 16. The limited access provisions are stated in the property description. Direct ingress and egress may be limited between the highway and the subject property as described in the description. 17. MDOT reserves the right to maintain public utility facilities existing on, under or over the subject property, together with the right to go on the subject property for the purpose of maintaining such utility facilities. 18. All properties offered may be subject to wetland protection, in accordance with provisions of Public Acts 346 and 347 of 1972, to the Goemaere Anderson Wetland Protection Act, 1979, P.A. 203. Please contact the Michigan Department of Natural Resources and Environment for specific enforcement. 19. A person who licenses/acquires property that may be contaminated as a result of a release of a hazardous substance may become liable for all costs of cleaning up the property and any other properties impacted by the release. Liability may be imposed upon the person licensing/acquiring the property even in the absence of any personal responsibility for, or knowledge of, the release. Accordingly, MDOT recommends that a person who is interested in licensing/acquiring excess property contact an attorney or an environmental consultant for advice prior to the licensure/acquisition of the property. MDOT RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS Revised 1/25/2016 0LFKLJDQ'HSDUWPHQW OI7UDQVSRUWDWLRQ 29181 AGRICULTURAL LICENSE AGREEMENT Distribution: Finance, Lansing, TSC,Tenant Page: 1 of 2 MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE STATE OF MICHIGAN POLICIES PROHIBIT DISCRIMINATION AGAINST PERSONS BECAUSE OF RACE, COLOR, NATIONAL ORIGIN, SEX, AGE, MARITAL OR FAMILIAL STATUS, OR DISABILITY IN THE SALE OR RENTAL OF PROPERTY. It is hereby agreed that the Michigan Department of Transportation, hereinafter,“DEPARTMENT”, does hereby license to _______________________________, hereinafter “TENANT”, whose address is _______________________________, the agricultural land located at _______________________________________, and more particularly described in the attached description and sketch. This agreement allows the TENANT the agricultural use of said land for the purpose of planting, cultivation and harvest of the fields, orchards, crops and/or vineyards, subject to the conditions hereinafter provided. PAYMENT TENANT agrees to pay $ _________ for the term beginning _____________________ and ending _________________. The bid deposit is payable at the time of signing of this agreement and the complete payment is due within thirty (30) days of notification of State Administrative Board approval. The maximum rental period shall not exceed five (5) years. OCCUPATION OF PREMISES TENANT agrees not to rent, sublease or to allow use by any person other than those designated above as "TENANTS". The parties mutually agree that this agreement is subject to the provision of Act 189 of 1953 as amended (Users of Tax Exempt Property). Any building improvements or structures presently located on the property are excepted from the terms and conditions of the agreement and are not included as part of the rental agreement. TENANT’S DUTY TO MAINTAIN PREMISES TENANT shall not plant any crops which require harvesting beyond _______________________ on these lands. TENANT shall maintain, spray, control disease, and otherwise care for the fields, orchards, crops and/or vineyard lands in accordance with the State law, Department of Agriculture directives and county horticulture agent specifications. TENANT shall not remove any timber or trees from these lands. TENANT shall not enroll subject land in any subsidized Federal or State program without prior concurrence in writing from the Program and Property Management Unit, Michigan Department of Transportation. TENANT will not store radioactive, toxic, inflammable or poisonous materials, explosives, or other dangerous or hazardous materials on the said premises and will not permit hazardous or unreasonably objectionable smoke, fumes, vapor, or odors to emit from the premises. INSPECTION OF PROPERTY BY OWNER DEPARTMENT reserves the right to have their representatives enter upon the premises described above for the purpose of inspection. Such inspections are made for the government owner's own purposes and uses and shall not relieve the TENANT of its duties and obligations under the terms and this agreement. TRACT NO. SALE PRICE CONTROL SECTION PARCEL BID DEPOSIT BALANCE JOB NO. MDOT 2918 (10/15) Page: 2 of 2 NOTICE OF TERMINATION TENANT agrees to vacate the premises by the above written agreement ending date. The DEPARTMENT may, at its sole discretion and upon written notice to the TENANT, terminate or temporarily suspend this License Agreement. In event that the DEPARTMENT suspends the License Agreement, TENANT is aware damage may occur to the fields, orchards, crops and/or vineyard lands and the DEPARTMENT is not required to make repairs and will not be liable in any way for such damage. TENANT understands and agrees when the TENANT vacates the premises either at will or at the request of the DEPARTMENT, the DEPARTMENT will not be obligated to provide, and the TENANT will not be entitled to receive, relocation assistance and benefits. TENANT shall, before the expiration of this agreement, prepare for vacation of the premises by bringing it to a clean and sanitary condition. INDEMNIFICATION & LIABILITY INSURANCE The TENANT agrees to indemnify and save harmless the State of Michigan, the Michigan State Transportation Commission, the Michigan Department of Transportation and all officers, agents and employees thereof from any and all claims for injuries to, or death of, any and all persons, for loss of or damage to property, environmental damage, degradation, response and cleanup costs, and attorney fees or other related costs, arising out of, under, or by reason of this Agreement/Permit, except claims resulting from the sole negligence or willful acts or omissions of said indemnitee, its agents or employees. TENANT must provide liability insurance for said land in the amount of $_________________ with the Michigan Department of Transportation named as additional insured. Any notice or other communication to the Department may be directed to the Michigan Department of Transportation, Program and Property Management Unit. Although duly executed, this agreement will not be binding on the parties until accepted by the Department. TENANT’S NAME PHONE TENANT’S SIGNATURE DATE ADDRESS CITY STATE ZIP MDOT SIGNATURE ACKNOWLEDGMENT Signed this _______________ day of _______________________, 20_______ SIGNATURE STATE OF MICHIGAN, COUNTY OF The foregoing instrument was acknowledged before me this _______________ day of ___________________________20_______ , By_________________________________________________, MICHIGAN DEPARTMENT OF TRANSPORTATION , MICHIGAN , NOTARY PUBLIC COUNTY COMMISSION EXPIRES Clear Form MDOT Over-The-Counter Agricultural Property License Agreement Parcel 130AP, Part A Sale Information: Bid Price (Full Payment Required): $3,990 Terms: 5-Year License Agreement Contact: Lance Williams (517) 335-4804 Property Information: Control Section: 19032 Parcel(s): 130AP Part A City/Township: Greenbush Township County: Clinton Approximate Size: 7 acres. Landlocked: No Improvements: No Road Frontage: Approximately 800 feet on northbound US-127. Tax ID #: 090-016-200-015-00 Description: Irregularly shaped parcel on northbound US-127 north of West Marshall Road. Parcels may be withdrawn at any time at the discretion of MDOT. Please check the MDOT-Excess Property website at Michigan.gov/mdot-land for updated information. Parcel 130AP Approx. 7 AC Parcel 131AP Approx 5 AC Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), MapmyIndia, © OpenStreetMap contributors, and the GIS User Community MDOT Over-The-Counter Agricultural Property License Agreement Parcel 131AP Part A Sale Information: Bid Price (Full Payment Required): $2,850 Terms: 5-Year License Agreement Contact: Lance Williams (517) 335-4804 Property Information: Control Section: 19032 Parcel(s): 131AP Part A City/Township: Greenbush Township County: Clinton Approximate Size: 5 acres. Landlocked: No Improvements: No Road Frontage: Approximately 600 feet on northbound US-127. Tax ID #: 19-090-016-300-010-00 Description: Mostly square shaped parcel on northbound US-127, between Mead and Marshall Roads. Parcels may be withdrawn at any time at the discretion of MDOT. Please check the MDOT-Excess Property website at Michigan.gov/mdot-land for updated information. Parcel 130AP Approx. 7 AC Parcel 131AP Approx 5 AC Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), MapmyIndia, © OpenStreetMap contributors, and the GIS User Community