Coming to auction for the first time is a deep-water shipping port and 92.12+/- ac of industrial land in the Harbor of Refuge centrally located on Lake Huron only 2 hours NE of Detroit.
Harbor Beach is an important HUB and receives commodities including lignite and coal and is the only delivery option for fuel to the local coal fired power plant. The U.S. Fish and Wildlife Service uses the harbor to restock Trout populations in Lake Huron and the U.S. Coast Guard Station leases slips from the city owned marina and is responsible for the area between Port Sanilac and Caseville. PropertyID: 358909
Auctioned:
12:00 PM EST Friday, March 5, 2021
Auction Location:
On-Site and Live Online
Open to the Public:
11am-2pm Friday Feb 12th and 19th.
Note: A Buyer's Premium (Buyer's Fee in WI) will apply for this property. Buyer pays a $199 Technology Fee at closing. Please see Terms of Sale for details.
Legal Description:
Commencing at the South 1/4 corner of Fractional Section 1, Town 16 North, Range 15 East, City of
Harbor Beach, Huron County, Michigan and running thence North 86 deg. 29' 55" East, along the South
line of said Fractional Section 1, said line also being the South line of Lytle Street, 66 feet wide, a distance
of 614.60 feet to a point on the centerline of Demay Street, 66 feet wide, thence North 03 deg. 04' 56"
West, along the centerline of Demay street, a measured distance of 1319.74 feet (described 1320 feet) to
the point of intersection of said centerline with the North line of McCash & Ingles First Addition to the
Village of Sand Beach as recorded in Liber 1 of Plats, Page 27, Huron County Records; thence South 86
deg. 32' 03" West, along the North line of said McCash & Ingles First Addition to the Village of Sand
Beach, said line being also the line between said Government Lots 3 and 4, a distance of 90.15 feet to a
point on the West line of property formerly known as Chesapeake & Ohio (Pere Marquette) Railroad Right
of Way; thence along the West line of said former Railroad, 110.70 feet along the Arc of a curve concave
to the West, Radius 2839.93 feet, Chord bears North 16 deg. 37' 20" West, 110.70 feet to the Point of
Beginning of the parcel of land herein being described;
Proceeding thence from said Point of Beginning South 86 deg. 32' 03" West, a measured distance of
511.89 feet (described 510.48 feet) to a point on the new construction centerline of North Huron Avenue
(M-25), width varies; thence North 16 deg. 57' 39" West, along said new construction centerline, a
measured distance of 165.41 feet (described 163.28 feet) to an angle point in said construction centerline;
continuing thence along said centerline, North 09 deg. 21' 17" West, a measured distance of 474.21 feet
(described 481.92 feet) to a point; thence North 80 deg. 38' 43" East, a measured distance of 92.54 feet
(described 93.07 feet) to a point on the tangent line of a curve on the East Right of Way line of Old M-25
Highway; thence South 82 deg. 37' 18" East, a measured distance of 291.40 feet (described 290.68 feet)
top a point on the Westerly line of property formerly known as the Chesapeake & Ohio (Pere Marquette)
Railroad Right of Way; thence along the Westerly line of said former Railroad Right of Way, 628.68 feet
along the Arc of a curve concave to the West, Radius 2839.93 feet, Chord bears South 24 deg. 04' 51"
East, a distance of 627.40 feet, to the Point of Beginning.
Disclosures:
All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale.
Escrow. Buyer acknowledges receipt of Joint Escrow Instructions (Addendum A) that amends escrow procedures for Buyer's down payment funds.
· Utility Easement Encroachment Disclosure. Buyer understands and acknowledges that based on survey information, structural improvements appear to encroach upon a utility easement located on the Property. Buyer should investigate and determine property boundaries and possible encroachments prior to bidding. Buyer agrees to accept in 'as-is, where-is' condition, and accepts all responsibility for any encroachment, including any and all remediation, costs, or fees associated with said encroachment.
· The Property is subject to ongoing remediation activities which are being completed ("Ongoing Remediation Period"). There is not a time definite for the end of the Ongoing Remediation Period, but the remediation efforts will be continuous and pursued faithfully until complete, and the Seller is able to obtain a No Further Action Letter from the Michigan Department of Environmental Quality, and/or satisfied all requirements of the MDEQ. Information regarding the remediation efforts are part of the due diligence materials that can be obtained by submitting an executed non-disclosure and confidentiality agreement.
The High Bidder acknowledges and agrees that the Property will not convey to the High Bidder until the end of the Ongoing Remediation Period. Seller may, in its sole discretion, allow Purchaser access to the Property during the Ongoing Remediation Period but is not obligated to do so. During the Ongoing Remediation Period, Seller shall remain liable for any costs associated with the Property including real estate taxes. Seller shall pay, at Closing, all real estate and outstanding ad valorem taxes and assessments that are due and payable as of Closing. Real estate taxes, ad valorem taxes and assessments that are not yet due and payable shall be prorated as of the Closing Date.
Once the Ongoing Remediation Period is over, the parties will proceed to Close. Effective as of the Closing Date, the Seller shall have paid for, obtained and delivered to Purchaser a fully-bound and paid pollution legal liability insurance policy ("PLL Policy") which shall provide the following coverage:
· The pollution legal liability insurance policy shall have a five (5) year term with a coverage amount not less than One Million Dollars ($1,000,000.00) and a deductible not more than Five Hundred Thousand Dollars ($500,000), covering, whether on or off the Property: (i) known and unknown Pre-Existing Pollution Conditions and New Pollution Conditions (including those arising from violations of or non-compliance with Environmental Laws); (ii) bodily injury and property damage claims related to known and unknown Pre-Existing Pollution Conditions and New Pollution Conditions; (iii) natural resource damages; (iv) reopeners after regulatory closure; (v) transportation of known and unknown Pre-Existing Pollution Conditions and New Pollution Conditions; (vi) remediation costs related to the preceding items; (vii) third-party claims for off-site cleanup, bodily injury and property damage resulting from known and unknown Pre-Existing Pollution Conditions and New Pollution Conditions on and off-site; and (viii) Pollution Conditions at non-owned locations, including disposal sites, and naming the Purchaser as additional insureds and providing for any other term or condition reasonably requested by the Purchaser.
Effective as of the date of Closing, Purchaser will grant an irrevocable, perpetual, non exclusive access easement to Seller to permit Seller and its agents, contractors and employees to enter upon the Property for the purpose of groundwater monitoring as required by the State of Michigan ("Monitoring"). The easement, together with the rights and benefits thereof, shall (a) run with the Property, and (b) shall be for the benefit of and binding upon Purchaser, Seller and their respective successors and assigns. Seller shall conduct Seller's Monitoring at its sole cost and expense. Seller shall not permit any mechanics' liens to be filed in connection with Seller's Monitoring. In the event a mechanics' lien shall be filed in connection with Seller's Work, Seller shall immediately cause the mechanics' lien to be dismissed at Seller's sole cost.
Seller agrees, as with respect to the terms of this Agreement and the activities undertaken for Monitoring, that Seller, its affiliates, and contractors will (i) maintain in full force and effect insurance of the types, on the terms and in the amounts commensurate with its business and risks associated therewith ("Insurance") and to comply with applicable workers compensation insurance laws regarding insurance or qualification as a self-insurer; (ii) to the extent permitted by law, to waive rights of subrogation and contribution against Purchaser under all policies of Insurance, including Purchaser as an additional insured, under policies of Insurance, excluding workers compensation; (iii) the amount of Insurance shall be no less than $2 million under all of the policies of Insurance; (iv) to ensure that the policies of Insurance requested are primary to any insurance available to Purchaser; and (v) upon Purchaser's request, to timely provide written certification confirming the required Insurance.
Seller will indemnify and hold harmless Purchaser, its officers, directors, employees, and agents ("Indemnitees") from and against all claims, damages, losses, judgments, executions and expenses arising out of or resulting solely from property damage or personal injury related to the Monitoring, unless caused by the negligence or intentional acts of Indemnitees.
Certain Definitions:
"Environmental Laws" means any and all applicable Laws, both procedural and substantive, relating to protection, conservation, or preservation of the natural environment or natural resources, including ambient air, wildlife or plant species, surface water or groundwater resources, or soil and other subsurface strata, along with any and all applicable Laws governing or applicable to Pollution Conditions, Remediation or Reclamation, registration, use, storage, management, treatment, or disposal of Pollutants or Hazardous Substances, such as the CCR Rule.
"Governmental Authority" means any federal, state, local, municipal or foreign governmental or regulatory authority, agency, department, branch, official, entity, instrumentality, political subdivision, utility commission, other commission, body, court or other government or quasi-governmental authority.
"Law" means any or all U.S. federal, state, or local laws, statutes, principle of common law, constitutions, acts, treaties, rules, codes, regulations, restrictions, ordinances, orders, decrees, approvals, directives, judgments, rulings, injunctions, writs and awards of, or issued, promulgated, enforced or entered by, any and all Governmental Authorities, or court of competent jurisdiction, or other requirement or rule of law, including Environmental Laws.
"New Pollution Conditions" means Pollution Conditions that occur on or after the Closing Date and do not constitute Pre-Existing Pollution Conditions.
"Pollution Conditions" means, with respect to any and all aspects of the environment associated with the Property, (including the former and current landfills, valley fills, ash disposal areas, salt ponds, ash piles, groundwater, perched water, surface water or impoundments, the atmosphere above, any underlying sediment, or any watercourse or body of water, along with the Land or the Buildings), the presence, disposal, discharge, dispersal, release, escape or migration of any Pollutants at, on, above, under, within, or migrating from or onto the Property, including former and current landfills, valley fills, ash ponds, ash piles, groundwater, surface water or impoundments, or any portion thereof, or which have migrated or emanated from or onto the Property, including into or upon the Land or any Buildings, the atmosphere or any watercourse or body of water (including underlying sediment), including groundwater and surface water, provided that such conditions are not naturally present in the environment in the amounts or concentrations discovered in the absence of any external activity or exacerbation, and provided, further, that the terms "migration" and "migrating" shall not include any intentional transportation and disposal of Pollutants at an off-property location outside of the Property.
"Pollutants" means any solid, liquid, gaseous or thermal irritant, waste or contaminant, or hazardous or toxic substance, material or waste, including ash, coal combustion residuals, Hazardous Substances (as defined herein), soot, acids, alkalis, or toxic chemicals, solid waste, universal waste, medical waste and waste material, radioactive material, asbestos or asbestos containing materials or by-products or progeny thereof. Pollutants include, but are not limited to, all of the following: hazardous wastes or constituents (as defined in Section 1004 of the federal Resource Conservation and Recovery Act); hazardous substances (as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. §§ 9601 et seq. ("CERCLA")); substances, materials and wastes that are now or become listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by EPA (40 CFR Part 302), and amendments thereto, as hazardous substances; substances, materials and wastes designated as "Hazardous Substance" pursuant to Section 311 of the Clean Water Act, or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Section 1117); oil or petroleum products; chemical liquids or solid, liquid, or gaseous products; polychlorinated biphenyls; any substances, materials and wastes that are or become defined as a solid waste or toxic or Hazardous Substance, material, pollutant or contaminant under any existing or future reported decision of a federal, state, or local court of the state in which the Property is located, ordinances or regulations, or under any existing or future reported decision of a federal, state, or local court of the state in which the Property is located; and any substances, materials and wastes, the presence of which requires or may require investigation or Remediation under, or could give rise to liability under, any existing or future Environmental Law, or statutory or common law theory, all as amended, replaced or succeeded.
"Pre-Existing Pollution Condition" means that to the knowledge of Seller, the Pollution Conditions that are existing or present at, on, above, under, within or migrating from or onto the Property prior to the Closing Date, including the effects of continuing releases or migration of Pollution Conditions that exist before the Closing Date.