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HomeMy WebLinkAboutResolutions - 1982.03.14 - 11026Miscellaneous Resolution 85 062 February 28, 1985 BY: PLANNING & BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: Real Estate Section (Corporation Counsel)--52nd District Court, 3rd Division—Lease—Rochester Hills TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr, Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland is the control unit for the 52/3 District Court; and WHEREAS, the 52/3 District Court is presently in leased facilities in the City of Rochester; and WHEREAS, the current Lease expires in May of 1985; and WHEREAS the District Court must be located within the city limits of the largest city of the contiguous municipalities it serves; and WHEREAS the 52/3 District Court must be located in the City of Rochester Hills; and WHEREAS the County advertised in local publications for such a facilitY to lease and has had responses which conform to the needs set forth in such advertisement; and WHEREAS R.G. Dryden & Associates has proposed to build according to County specification a court to be located at Barclay Circle, Rochester Hills; and WHEREAS R,G. Dryden & Associates has proposed to lease such facility to the County for use as the 52/3 District Court, with the terms and conditions as set forth in the Lease attached to this Resolution for Twelve Dollars and 66/100 ($12.66) per square foot, being One hundred thirty-eight thousand, seven hundred two dollars and 96/100 ($138,702.96) per year; and WHEREAS the Lease is for a period of ten (10) years to commence on August 1, 1985, or as soon thereafter as the facility is ready for occupancy; and WHEREAS the Facilities Engineering Division has reviewed the plans and specifications for said Court and recommends the same; and WHEREAS the Department of Corporation Counsel has reviewed and approved the Lease. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the plans, specifications and Lease for the facility located at Barclay Circle, Rochester Hills, Michigan, for use as the 52/3 District Court for a term of ten (10) years to commence on Z%ugust 1, 1985, or as soon thereafter as the facility is ready for occupancy. BE IT FURTHER RESOLVED that the Chairperson of the Oakland County Board of Commissioners is directed to execute said Lease on behalf of the County, Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing Resolution. PLANNING & BUILDING COMMITTEE FISCAL NOTE BY: FINANCE COMMITTEE, DR. C. WILLIAM CADDELL, CHAIRPERSON IN RE: REAL ESTATE SECTION (CORPORATION COUNSEL) - 52ND DISTRICT COURT, 3RD DIVISION LEASE - ROCHESTER HILLS - MISCELLANEOUS RESOLUTION #85062 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution #85062. During the review, questions arose regarding the appropriateness of the square foot charge, the procedure for receiving proposals and the provision in the lease to allow and adjust for the CPI; therefore, the Finance Committee finds insufficient funds to finance the lease as written. Finance Committee LEASE This Lease is made and entered into as of the day of , 1985, by and between R.G. Dryden & Associates, a Michigan Corporation, whose address is 3199 Sandy Creek Drive, Utica, Michigan 48081 (hereinafter referred to as "Landlord"), and the COUNTY OF OAKLAND, a Michigan constitutional Corporation, whose address is 1200 North Telegraph, Pontiac, Michigan 48053 (hereinafter referred to as "Tenant"), 1. Leased Premises. Landlord, in consideration of the rent to be paid and the covenants to be performed by Tenant, does hereby lease unto Tenant, and Tenant hereby rents from Landlord, those certain premises to be constructed at Barclay Circle, Rochester Hills, Michigan, containing approximately 10,956 square feet of space, as is designated on Exhibit A attached hereto and made a part hereof (hereinafter referred to as the "Premises"). 2. Term, This Lease shall commence upon the date upon which Landlord obtains a Certificate of Occupancy for the Premises and shall end on the date ten (10) years after such commencement date, unless sooner terminated as hereinafter provided. 3. Delivery of Premises by Landlord. Landlord will use its best efforts to obtain a Certificate of Occupancy for the Premises from the City of Rochester Hills on or before August 1, 1985. In the event Landlord fails to obtain such Certificate of Occupancy on or before August 1, 1985, Landlord agrees to give Tenant a credit upon the rent due after the commencement of this Lease equal to One Hundred and 00/100ths Dollars ($100.00) multiplied by the number of days between August 1, 1985 and the date upon which Landlord obtains such Certificate of Occupancy, which credit shall represent liquidated damages to Tenant for Landlord's failure to obtain such Certificate of Occupancy on or before August 1, 1985, and shall constitute Tenant's sole remedy with respect thereto. 4. Rent. From the commencement date of this lease until the date five (5) years after such commencement date, Tenant agrees to pay to Landlord as fixed annual rent hereunder, One hundred thirty-eight thousand, seven hundred two dollars and 96/100 ($138,702.96) per year (which is based on a rate of Twelve dollars and 66/100 ($12.66) per square foot per year), which sum shall be payable by Tenant to Landlord in equal consecutive monthly installments of Eleven thousand five hundred fifty-eight dollars and 58/100 ($11,558.58) each, on or before the first day of each month, in advance, without any prior demand therefor and without any deductions or setoffs whatsoever. From the date five (5) years after the commencement date of this Lease to the date ten (10) years after such commencement date, Tenant agrees to pay to Landlord as fixed annual rent hereunder, an amount equal to One hundred thirty- eight thousand, seven hundred two dollars and 96/100 ($138,702.96) multiplied by the CPI Fraction, as hereinafter defined, (but in any event, not less than One hundred thirty-eight thousand, seven hundred two dollars and 96/100 ($138,702.96) per year, which sum shall be payable by Tenant to Landlord in equal consecutive monthly installments each equal to one-twelfth (1/12th) of such revised fixed annual rent, on or before the first day of each month in advance, without any prior demand therefor and without any deductions or setoffs whatsoever. Should the term of this Lease commence on a day other than the first day of a calendar month, then the rental for such month and the last month of the term hereof shall be prorated upon a daily basis based upon a thirty (30) day calendar month, For the purposes of this Lease, the term CPI Fraction shall mean a fraction, the numerator of which is the Consumer Price Index, as hereinafter defined, for the month in which the fifth (5th) anniversary of the commencement date of this Lease occurs, and the denominator of which is the Consumer Price Index for the month in which the commencement date of this Lease occurs; provided, however, that in no event shall the CPI be less than one (1). For the purposes of this Lease, the term Consumer Price Index shall mean the Revised Consumer Price Index of the Bureau of Labor Statistics, United States Department of Labor, for Detroit-North Central Region for all Urban Consumers, or any comparable substitute index in the event the Consumer Price Index is no longer published. 5. Place of Payment. Payments due under this Lease from Tenant to Landlord shall be paid at the address of Landlord set forth above, or at such other place as Landlord may designate in writing. 6. Holding Orr. In the event Tenant holds over after the expiration of the term of this Lease without a written agreement between Landlord and Tenant to extend the term of this Lease, the same shall be construed to be a tenancy from month to month on the same terms and conditions herein specified, so far as applicable, except that the monthly rent to be paid by Tenant to Landlord shall be equal to one hundred fifty percent (150%) of the monthly rent for the twelve (12) months immediately prior to such holding over period. 7. Extension of Term. If Tenant desires to continue to lease the Premises after the expiration of the term of this Lease, Tenant shall give Landlord written notice of such desire at least six (6) months prior to the expiration of the term of this Lease; provided, however, that any such extension of the term of this Lease shall be upon terms and conditions then acceptable to Landlord in its sole discretion. 8. Condition of Premises. Landlord agrees to complete the Premises in accordance with the specifications attached hereto as Exhibit B and made a part hereof, prior to the commencement date of this Lease. 9. Use and Occupancy. The Premises shall be used during the term of this Lease only as a State of Michigan District Court. The Premises shall not be used in violation of any law, municipal ordinance or regulation, and Tenant agrees to indemnify and hold Tenant harmless from and against any loss, cost, liability or damage as a result of any such violation. 10. Equipment and Furnishin s. Tenant shall provide, at its own expense, all telephone systems, furniture and equipment it deems necessary in connection with its use and occupancy of the Premises. Tenant shall be solely responsible for the maintenance and repair of all such property at its own expense. 11. Care of Premises. Tenant shall keep the Premises in good repair, wear and tear from reasonable use and damage by the elements excepted. Landlord agrees to (a) repaint all interior walls at the Premises and (b) either recarpet or clean the existing carpet at the Premises after the date five (5) years after the commencement date of this Lease, if the same is necessary. 12. Compliance with Law. Landlord agrees, at its own expense, to promptly comply with all applicable federal, state and municipal laws and regulations affecting the Premises, including any barrier-free requirements, except for such laws and regulations as relate to the manner of use or occupancy of the Premises by Tenant. If Landlord fails to comply with such laws and regulations, Tenant may give Landlord written notice of its intent to quit the Premises upon the date one hundred eighty (180) days after Landlord's receipt of such notice in the event Landlord does not comply with such laws and regulations within such one hundred eighty (180) day period. If Landlord complies with such laws and regulations within such one hundred eighty (180) day period, Tenant shall not have the right to quit the Premises. 13. Destruction of Premises. In the event the Premises are partially or totally damiiirii—deaFcW67. -Tire or other insured casualty not the fault of Tenant, the damage to the Premises shall be promptly repaired or rebuilt by Landlord, unless Landlord shall elect not to rebuild as hereinafter provided, and the rent payable by Tenant hereunder shall be reduced in proportion to the fraction of the Premises rendered untenantable until the Premises are repaired or rebuilt. In no event shall Landlord be required to repair or replace any property of Tenant. In the event the Premises cannot be repaired or rebuilt within one hundred eighty (180) days after such destruction, Tenant shall have the right to terminate this Lease and vacate the Premises upon written notice to Landlord after the expiration of such one hundred eighty (180) day period. If more than thirty-five percent (35%) of the Premises are damaged or destroyed by such casualties as aforesaid, Landlord may elect to either repair or rebuild the Premises or to terminate this Lease by giving written notice thereof to Tenant within ninety (90) days after the occurrence of such damage or destruction. 14. Insurance. Landlord shall maintain comprehensive general liability insurance with respect to the Premises, at its expense, in at least the amount of -2- One Million and 00/100ths Dollars ($1,000,000.00) combined single limited coverage per occurrence. Tenant shall be an additional named insured on such policy, and Landlord shall provide Tenant with an appropriate certificate of insurance evidencing such insurance coverage as aforesaid. Tenant shall maintain compre- hensive general liability insurance with respect to the Premises, at its expense, in at least the amount of Two Million and 00/100ths Dollars ($2,000,000.00) combined single limit coverage per occurrence. Tenant shall provide Landlord with an appropriate certificate of insurance evidencing such insurance coverage as afore- said. In addition to the foregoing, Tenant shall also maintain a policy of fire and casualty insurance acceptable to Landlord covering the interior of the Premises and the contents therein. Tenant, Landlord and any mortgagee of the Premises shall be named as insured parties thereunder, as their respective interests may appear. Tenant shall provide Landlord with a copy of such insurance policy. 15. Indemnification. Tenant shall at all times save, defend, indemnify and hold Landlord harmless from and against any and all loss, cost, liability, damage, expense (including, without limitation, reasonable attorneys' fees), penalties, fines and claims whatsoever in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence within the Premises, either during or after the term of this Lease. Landlord shall at all times save, defend, indemnify and hold Tenant harmless from and against any and all loss, cost, liability, damage, expense (including, without limitation, reasonable attorneys' fees), penalties, fines and claims whatsoever in connection with loss of life, personal injury and/or damage to property arising from any negligent or willful acts or omissions of Landlord, its agents or employees at the Premises. 16. Repairs. Landlord shall maintain and keep in good repair the roof, ceilings, w oors, foundations, electrical systems, plumbing, sidewalks, and exterior glass at the Premises. Tenant shall maintain the heating and cooling systems at the Premises, including all general maintenance and minor repairs. Tenant shall be responsible for the repair or replacement of the heating and cooling systems at the Premises in the event the cost thereof at any one (1) occurrence is in excess of One Thousand and 00/100ths Dollars ($1,000.00). 17. Alterations or Improvements. Tenant shall not make alterations or improvements whatsoever to or uporiThT Premises without the prior written consent of Landlord. Any alterations or improvements made upon the Premises shall become an integral part of the Premises and shall become the sole property of Landlord immediately upon the completion thereof, unless otherwise agreed to in writing by the parties hereto. 18. Security. Tenant hereby acknowledges that during the term of this Lease, Landlord shall have the right to have keys for access to the Premises and that Landlord shall have the right to obtain such keys from Tenant upon written request therefor. In the event Landlord obtains such keys from Tenant, Landlord shall use such keys only for the purpose of inspecting, repairing and/or maintaining the Premises. Landlord agrees to provide lighting for the exterior of the Premises, including parking areas directly adjacent to the Premises, in an adequate manner consistent with other similar office buildings in the metropolitan Detroit area. 19• Access. Tenant shall allow Landlord access to the Premises during regular business hours for the purposes of inspecting, repairing and/or maintaining the Premises; provided, however, that Landlord shall use its best efforts not to disrupt the usual operations of Tenant at the Premises. In addition to the foregoing, Tenant shall allow Landlord access to the Premises at any time in the event of an emergency. Prior to the commencement date of this Lease, Tenant agrees to provide Landlord with written notice indicating the name, address and telephone number of Tenant's representative who will provide Landlord with access to the Premises in emergency situations. 20. Signs. Tenant may attach, install or erect such signs on the interior walls of the Premises as may be necessary in connection with the conduct of Tenant's usual business at the Premises. Tenant may not attach, install or erect any signs whatsoever on the exterior walls of or the area surrounding the Premises without the prior written approval of Landlord and the City of Rochester Hills as to the form, content, material, lighting and structure thereof. 21. Assignment. Tenant will not assign, sublet or in any manner transfer this Lease or any estate or interest therein without the prior written consent of Landlord. Notwithstanding the foregoing, in the event the State of Michigan, by -3- proper action of its legislature, take over and assume responsibility for the State of Michigan District Court system, the County of Oakland may assign its interest in this Lease to the State of Michigan, who shall assume all of the liabilities and • obligations of Tenant under this Lease. Upon receipt by Landlord of a written agreement from the State of Michigan agreeing to assume all of the liabilities and obligations of Tenant under this Lease, the County of Oakland shall be released from any further liability under this Lease, except for the provisions of Paragraph 15 hereof. 22. Utilities. Tenant shall be solely responsible for and promptly pay all charges for water, gas, heat, electricity, light, air conditioning, telephone, sewer, janitorial service and any other utility used upon or furnished to the Premises. Landlord agrees to provide utility service lines into the Premises and separate meters for ail utilities used upon or furnished to the Premises. 23. Parking. Landlord agrees to provide sufficient parking to satisfy the requirements of the City of Rochester Hills as of the date hereof. 24. Taxes. From and after the commencement date of this Lease, Tenant agrees to pay A11 real estate taxes and assessments assessed or imposed against the Premises directly to the taxing authority prior to the date on which any penalty for the non-payment of such taxes and assessments attaches. Tenant shall deliver to Landlord evidence of the payment of such taxes and assessments prior to the date on which any penalty for the non-payment of such taxes and assessments attaches. Taxes and assessments for the years in which the term of this Lease commences and ends shall be prorated and adjusted between Landlord and Tenant on the due date basis. Tenant shall also be responsible for and shall pay before delinquency all taxes assessed during the term of this Lease against any , leasehold interest or personal property of any kind, owned by or placed in, upon or about the Premises by Tenant. 25. Services. Landlord agrees to provide, at its expense, trash removal, snow and ice removal from sidewalks, steps and parking areas, parking lot maintenance and lawn care services. 26. Eminent Domain. If the whole of the Premises shall be taken by any public auth-o-FiTyiinTlii—• the power of eminent domain, then the term of this Lease shall cease as of the day possession shall be' taken by such public authority. If less than the whole but more than thirty -five percent (35%) of the Premises shall be taken by any public authority under the power of eminent domain, then either party hereto shall have the right to terminate this Lease by written notice to the other within thirty (30) days after the day possession shall be taken by such public authority, in which event neither party hereto shall have any further liability or obligation hereunder. In the event neither party elects to terminate this Lease, the lease term shall cease only on the part so taken as of the day possession shall be taken by such public authority and thereafter, the fixed annual rent hereunder shall be reduced in proportion to the amount of the Premises taken. All damages awarded for such taking under the power of eminent domain, whether for the whole or a part of the Premises, shall belong to and be the property of Landlord, whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the Premises; provided, however, that Landlord shall not be entitled to any award made for depreciation to and the cost of removal of Tenant's stock and fixtures, if any. 27. Nature of Premises. Tenant hereby acknowledges that the Premises are part of an Efrirei—c -nmium project known as the Rochester Professional Center and that Landlord only owns the interior of the Premises. Tenant agrees to abide by all of the terms and conditions of the Master Deed for Rochester Professional Center and the rules and regulations of the Rochester Professional Center Association (hereinafter referred to as the "Association") as they apply to all occupants therein. Landlord agrees to pay all assessments charged by the Association with respect to the Premises. Landlord and Tenant agree that Landlord shall be the sole party entitled to vote in Association matters with respect to the Premises and that such vote shall be exercised in the sole disrection of Landlord. 28. In the event either party hereto shall be delayed or hindered in or prevent-a-im the performance of any act or obligation required hereunder because of Acts of God, severe weather conditions, earthquakes, strikes, lockouts, labor troubles, inability to procure materials, fire or other casualty, failure of power, governmental restrictions, rules, orders or regulations, riots, insurrection, war, or any other reason of a like nature beyond the reasonable control of the party delayed in the performance of such act or obligation, then the period of such delays shall be deemed added to the time herein provided for the performance of any such -4- act or obligation, and the defaulting party shall not be liable for any losses or damages caused by such delays. Notwithstanding the foregoing, nothing contained herein shall operate to excuse (a) Tenant from the prompt payment of rent or any other payments required under this Lease, or (b) Landlord from the liquidated damages provision of Paragraph 3 hereof. 29. Quiet Enjoyment. Upon payment by Tenant of the rents herein provided, and upon the observance and performance of all of the terms, conditions and covenants required of Tenant hereunder, Tenant shall peacefully and quietly hold and enjoy the Premises for the term of this Lease without hindrance or interruption by Landlord or any person legitimately claiming by, through or under Landlord, subject, nevertheless, to the terms and conditions of this Lease. 30. Right to Re-Enter. In the event Tenant shall fail to pay any rental or other charges due hereunder within ten (10) days after the same is due, or shall fail to perform any of the other terms, conditions or covenants of this Lease for more than thirty (30) days after written notice of such default by Landlord to Tenant, or if Tenant shall abandon or vacate the Premises, then Landlord, besides any other rights or remedies it may have, shall have the right to declare this Lease terminated and the term ended and/or shall have the right of re -entry and may remove all persons and property from the Premises and store such property in a public warehouse or elsewhere at the cost of Tenant, without evidence of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. 31. Right to Relet. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Premises, and relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. All rentals received by Landlord from any such reletting shall be applied first to the payment of any indebtedness other than rent due hereunder from Tenant; second, to the payment of any costs and expenses of such reletting, including, brokerage fees, attorneys' fees and the costs of alterations and repairs; third, to the payment of rent and other charges due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of any future rent as the same may become due and payable hereunder. If the rentals from any such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall pay such deficiency to Landlord on a monthly basis. No such re-entry or taking possession of the Premises shall be construed as an election to terminate this Lease unless a written notice of termination be given to Tenant or such termination be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the Premises, reasonable attorneys' fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent reserved in this Lease for the remainder of the stated term over the then reasonable rental value of the Premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from Tenant to Landlord. 32. Legal Expenses. In ease suit shall be brought for recovery of possession of the Premises, for the recovery of rent or any other amount due under this Lease, or because of the breach of any other term, condition or covenant of this Lease on the part of Tenant to be kept or performed, and a breach shall be established, Tenant shall pay to Landlord all expenses incurred therefor, including a reasonable attorney's fee. 33. Liens. Tenant covenants and agrees that it will not permit any liens or encumbrances of any kind or nature whatsoever to attach to the Premises, any leasehold improvements at the Premises or Tenant's interest in this Lease by reason of any act or omission of Tenant or any party claiming by, through or under Tenant. 34. Modifications. This Lease may be modified or amended only by the written agreement of Landlord and Tenant. 35. Governing Law. This Lease shall be interpreted under and governed by the laws orthe Sta teo Michigan. 36. Severability. If any provisions of this Lease, on the application thereof to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provision to the parties or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 37, Waiver. One (1) or more waivers of any covenant, condition or agreement by Landlord shall not be construed as a waiver of a subsequent breach of the same covenant, condition or agreement. No breach of a covenant, condition or agreement of this Lease shall be deemed to have been waived by Landlord unless such waiver be in writing signed by Landlord. 38. Entire Agreement. This Lease and the Exhibits attached hereto constitute the entire agreement of the parties hereto with respect to the Premises, and all prior negotiations, agreements and understandings, either oral or written, are hereby merged herein. 39, pyylrii Effect. The terms and conditions of this Lease shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns; provided, however, that no rights shall inure to the benefit of any assignee of Tenant unless the assignment to such assignee has been approved by Landlord in writing as provided in Paragraph 21 hereof. 40. Use of Words. The pronouns and relative words herein used shall be read interchangeably in masculine, feminine or neuter, singular or plural, as the respective case may be. 41. Notice. Any notice or other communication required or desired to be given hereunder shall be deemed to have been sufficiently given for all purposes if delivered personally to the party to whom the same is directed, or if sent by registered or certified mail, postage and charges prepaid, addressed to the address of such party as set forth above. Any notice which is served personally shall be deemed to be given on the date on which the same is actually served, and any notice which is sent by mail shall be deemed given two (2) days after the same is deposited in a regularly maintained receptacle for the deposit of United States mail, addressed as provided in the immediately preceding sentence. Any party may change its address for purposes of this Lease by giving the other party notice thereof in the manner hereinbefore provided for the giving of notices. 42. No Recording. Tenant shall not record this Lease at the Office of the Register of Deeds for Oakland County, Michigan, or elsewhere, without the prior written consent of Landlord. 43. Option to Purchase. Tenant shall have the option to purchase the Premises from Landlord upon the expiration of the term of this Lease upon price terms to be mutually agreed upon at least sixty (60) days prior to the expiration of the terms of this Lease. This option to purchase shall be null and void if the parties fail to reach an agreement as to price and terms at least sixty (60) days prior to the expiration of this Lease. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. WITNESSES: R.G. Dryden & Associates, a Michigan Corporation BY: Richard G. Dryden It's President "landlord" COUNTY OF OAKLAND, a Michigan Constitutional Corporation BY: Richard R. Wilcox, Chairperson Oakland County Board of Commissioners "Tenant" STATE OF MICHIGAN ) ) ss. COUNTY OF OAKLAND ) The foregoing instrument was acknowledged before me this day of , 1985, by , Notary Public Oakland County, Michigan My Commission Expires: STATE OF MICHIGAN ) ) ss. COUNTY OF OAKLAND ) The foregoing instrument was acknowledged before me this day of , 1985, by Richard R. Wilcox, the Chairperson of the Board of Commissioners of the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, on behalf of the Corporation. , Notary Public Oakland County, Michigan My Commission Expires: LEASE This Lease is made and entered into as of the day of • 1985, by and between R. G. DRYDEN & ASSOCIATE5a Michigan Corporation, whose address is 3199 Sandy Creek Drive, Utica, Michigan 48087 (hereinafter referred to as "Landlord"), and the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph, Pontiac, Michigan 48053 (hereinafter referred to as "Tenant"). I. Leased Premises. Landlord, in consideration of the rent to be paid and the covenants to be performed by Tenant, does hereby lease unto Tenant, and Tenant hereby rents from Landlord, those certain premises to be constructed at Barclay Circle, Rochester Hills, Michigan, containing approximately 10,956 square feet of space, as is designated on Exhibit A attached hereto and made a part hereof (hereinafter referred to as the "Premises"). 2. Term. This Lease shall commence upon the date upon which Landlord obtains a Certificate of Occupancy for the Premises and shall end on the date ten (10) years after such commencement date. 3. Delivery of Premises by Landlord. Landlord will use its best efforts to obtain a Certificate of Occupancy for the Premises from the City of Rochester Hills on or before July 31, 1985. In the event Landlord fails to obtain such Certificate of Occupancy on or before July 31, 1985, Landlord agrees to give Tenant a credit upon the rent due after said date equal to One Hundred and 00/100ths Dollars ($100.00) multiplied by the number of calendar days between July 31, 1985 and the date upon which Landlord obtains such Certificate of Occupancy, which credit shall represent liquidated damages to Tenant for Landlord's failure to obtain such Certificate of Occupancy on or before July 31, 1985 and shall constitute Tenant's sole remedy with respect thereto. 4. Rent. From the commencement date of this lease until the date five (5) years after such commencement date, Tenant agrees to pay to Landlord as fixed annual rent hereunder, One hundred thirty-eight thousand, seven hundred two dollars and 96/100 ($138,702.36) per year (which is based on a rate of Twelve dollars and 66/100 ($12.66) per square foot per year), which sum shall be payable by Tenant to Landlord in equal consecutive monthly installments of Eleven thousand five hundred fifty-eight dollars and 58/100 ($11,553.58) each, on or before the first day of each month, in advance, without any prior demand therefor and without any deductions or setoffs whatsoever. — From the date five (5) years after the commencement date of this Lease to the date ten (10) years after such commencement date, Tenant agrees to pay to Landlord as fixed annual rent hereunder, an amount equal to One hundred thirty-eight thousand, seven hundred two dollars and 96/100 ($138,702.96) multiplied by the CPI Fraction, as hereinafter defined, (but in any event, not less than One hundred thirty-eight thousand, seven hundred two dollars and 96/100 ($138,702.96) per year, which sum shall be payable by Tenant to Landlord in equal consecutive monthly installments each equal to one-twelfth (1/12th) of such revised fixed annual rent, on or before the first day of each month in advance, without any prior demand therefor and without any deductions or setoffs whatsoever. Should the term of this Lease commence on a day other than the first day of a calendar month, then the rental for such month and the last month of the term hereof shall be prorated upon a daily basis based upon a thirty (30) day calendar month. For the purposes of this Lease, the term CPI Fraction shall mean a fraction, the numerator of which is the Consumer Price Index, as hereinafter defined, for the month in which the fifth (5th) anniversary of the commencement date of this Lease occurs, and the denominator of which is the Consumer Price Index for the month in which the commencement date of this Lease occurs; provided, however, that in no event shall the CPI be less than one (1). For the purposes of this Lease, the term Consumer Price Index shall mean the revised Consumer Price Index of the Bureau of Labor Statistics, United States Department of Labor, for Detroit-North Central Region for all Urban Consumers, or any comparable substitute index in the event the Consumer Price Index is no longer published. 5. Place of Payment. Payments due under this Lease from Tenant to Landlord shall be paid at the address of Landlord set forth above, or at such other place as Landlord may designate in writing. 6. Holding Over. In the event Tenant holds over after the expiration of the term of this Lease without a written agreement between Landlord and Tenant to extend the term of this Lease, the same shall be construed to be a tenancy from month to month on the same terms and conditions herein specified, so far as applicable, except that the monthly rent to be paid by Tenant to Landlord shall be equal to one hundred fifty percent (150%) of the monthly rent for the twelve (12) months immediately prior to such holding over period. 7. Extension of Term. If Tenant desires to continue to lease the Premises after the expiration of the term of this Lease, Tenant shall give Landlord written notice of such desire at least six (6) months prior to the expiration of the term of this Lease; provided, however, that any such extension of the term of this Lease shall be upon terms and conditions then acceptable to Landlord in its sole discretion. 8. Condition of Premises. Landlord agrees to complete the Premises in accordance with the specifications attached hereto as Exhibit B and made a part hereof, prior to the commencement date of this Lease. 9. Use and Occupancy. The Premises shall be used during the term of this Lease only as the 5213 District Court for the State of Michigan. The Premises shall not be used in violation of any law, municipal ordinance or regulation, and Tenant agrees to indemnify and hold Tenant harmless from and against any loss, cost, liability or damage as a result of any such violation. 10. Equipment and Furnishings. Tenant shall provide, at its own expense, all telephone systems, furniture and equipment it deems necessary in connection with its use and occupancy of the Premises. Tenant shall be solely responsible for the maintenance and repair of all such property at its own expense. 11. Care of Premises. Tenant shall keep the Premises in good repair, wear and tear from reasonable use and damage by the elements excepted. Landlord agrees to (a) repaint all interior walls at the Premises and (b) either recarpet or clean the existing carpet at the Premises after the date five (5) years after the commencement date of this Lease, if the same is necessary. 12. Compliance with Law. Landlord agrees, at its own expense, to promptly comply with all applicable federal, state and municipal laws and regulations affecting the Premises, including any barrier-free requirements. If Landlord fails to comply with such laws and regulations, Tenant may give Landlord written notice of its intent to quit the Premises upon the date one hundred eighty (180) days after Landlord's receipt of such notice in the event Landlord does not comply with such laws and regulations within such one hundred eighty (180) day period. If Landlord complies with such laws and regulations within such one hundred eighty (180) day period, Tenant shall not have the right to quit the Premises. 13. Destruction of Premises. In the event the Premises are partially or totally damaged or destroyed by fire or other insured casualty not the fault of Tenant, the damage to the Premises shall be promptly repaired or rebuilt by Landlord, unless Landlord shall elect not to rebuild as hereinafter provided, and the rent payable by Tenant hereunder shall be reduced in proportion to the fraction of the Premises rendered untenantable until the Premises are repaired or rebuilt. In no event shall Landlord be required to repair or replace any property of Tenant. In the event the Premises cannot be repaired or rebuilt within one hundred eighty (180) days after such destruction, Tenant shall have the right to terminate this Lease and vacate the Premises upon written notice to Landlord after the expiration of such one hundred eighty (1H) day period. If more than thirty-five percent (35%) of the Premises are damaged or destroyed by such casualties as aforesaid, Landlord may elect to either repair or rebuild the Premises or to terminate this Lease by giving written notice thereof to Tenant within ninety (90) days after the occurrence of such damage or destruction. 14. Insurance. Landlord shall maintain comprehensive general liability insurance with respect to the Premises, at its expense, in at least the amount of One Million and 00/100ths Dollars ($1,000,000.00) combined single limited coverage per occurrence. Tenant shall be an additional named insured on such policy, and Landlord shall provide Tenant with an appropriate certificate of insurance evidencing such insurance coverage as aforesaid. Tenant shall maintain comprehensive general liability insurance with respect to the Premises, at its expense, in at least the amount of One Million and 00/100ths Dollars ($1,000,000.00) combined single limit coverage per occurrence. In addition to the foregoing, -2- Tenant shall also maintain a policy of fire and casualty insurance covering Tenant's contents therein. 15. Indemnification. Tenant shall at all times save, defend, indemnify and hold Landlord harmless from and against any and all loss, cost, liability, damage, expense (including, without limitation, reasonable attorneys' fees), penalties, fines and claims whatsoever in connection with loss of life, personal injury and/or damage to property arising from its negligent acts or omissions, its agents or employees. Landlord shall at all times save, defend, indemnify and hold Tenant harmless from and against any and all loss, cost, liability, damage, expense (including, without limitation, reasonable attorneys' fees), penalties, fines and claims whatsoever in connection with loss of life, personal injury and/or damage to property arising from any negligent or willful acts or omissions of Landlord, its agents or employees. 16. Repairs. Landlord shall maintain and keep in good repair the roof, ceilings, walls, floors, foundations, electrical systems, plumbing, sidewalks, and exterior glass at the Premises. Tenant shall maintain the heating and cooling systems at the Premises, including all general maintenance and minor repairs. Tenant shall be responsible for the repair or replacement of the heating and cooling systems at the Premises in the event the cost thereof at any one (1) occurrence is in excess of One Thousand and 00/100ths Dollars ($1,000.00). 17. Alterations or Improvements. Tenant shall not make alterations or improvements whatsoever to or upon the Premises without the prior written consent of Landlord. Any alterations or improvements made upon the Premises shall become an integral part of the Premises and shall become the sole property of Landlord immediately upon the completion thereof, unless otherwise agreed to in writing by the parties hereto. 18. Security. Tenant hereby acknowledges that during the term of this Lease, Landlord shall have the right to have keys for access to the Premises and that Landlord shall have the right to obtain such keys from Tenant upon written request therefor. In the event Landlord obtains such keys from Tenant, Landlord shall use such keys only for the purpose of inspecting, repairing and/or maintaining the Premises. Landlord agrees to provide lighting for the exterior of the Premises, including parking areas directly adjacent to the Premises, in an adequate manner consistent with other similar office buildings in the metropolitan Detroit area. 19. Access. Tenant shall allow Landlord access to the Premises during regular business hours for the purposes of inspecting, repairing and/or maintaining the Premises; provided, however, that Landlord shall use its best efforts not to disrupt the usual operations of Tenant at the Premises. In addition to the foregoing, Tenant shall allow landlord access to the Premises at any time in the event of an emergency. Prior to the commencement date of this Lease, Tenant agrees to provide Landlord with written notice indicating the name, address and telephone number of Tenant's representative who will provide Landlord with access to the Premises in emergency situations. 20. Signs. Tenant may attach, install or erect such signs on the interior walls of the Premises as may be necessary in connection with the conduct of Tenant's usual business at the Premises. Tenant may not attach, install or erect any signs whatsoever on the exterior walls of or the area surrounding the Premises without the prior written approval of Landlord and the City of Rochester Hills as to the form, content, material, lighting and structure thereof. - 21. AssigmtnLt. Tenant will not assign, sublet or in any manner transfer this Lease or any estate or• interest therein without the prior written consent of Landlord. Notwithstanding the foregoing, in the event the State of Michigan, by proper action of its legislature, take over and assume responsibility for the State of Michigan District Court system, the County of Oakland may assign its interest in this Lease to the State of Michigan, who shall assume all of the liabilities and obligations of Tenant under this Lease. 22. Utilities. Tenant shall be solely responsible for and promptly pay all charges for water, gas, heat, electricity, light, air conditioning, telephone, sewer, janitorial service and any other utility used upon or furnished to the Premises. Landlord agrees to provide utility service lines into the Premises and separate meters for all utilities used upon or furnished to the Premises. 23. Parking. Landlord agrees to provide sufficient parking to satisfy the requirements of the City of Rochester Hills as of the date hereof, but in no event less than ninety-eight (98) dedicated spaces -3- 24. Taxes. From and after the commencement date of this Lease, Tenant agrees to pay all real estate taxes assessed or imposed against the Premises directly to the taxing authority prior to the date on which any penalty for the non-payment of such taxes attaches. Tenant shall deliver to Landlord evidence of the payment of such taxes prior to the date on which any penalty for the non-payment of such taxes attaches. Taxes for the years in which the term of this Lease commences and ends shall be prorated and adjusted between Landlord and Tenant on the due date basis. Tenant shall also be responsible for and shall pay before delinquency all taxes assessed during the term of this Lease against any leasehold interest or personal property of any kind, owned by or placed in, upon or about the Premises by Tenant. 25. Services. Landlord agrees to provide, at its expense, trash removal, snow and ice removal from sidewalks, steps and parking areas, parking lot maintenance and lawn care services. 26. Eminent Domain. If the whole of the Premises shall be taken by any public authority under the power of eminent domain, then the term of this Lease shall cease as of the day possession shall be taken by such public authority. If less than the whole but more than thirty five percent (35%) of the Premises shall be taken by any public authority under the power of eminent domain, then either party hereto shall have the right to terminate this lease by written notice to the other within thirty (30) days after the day possession shall be taken by such public authority, in which event neither party hereto shall have any further liability or obligation hereunder. In the event neither party elects to terminate this Lease, the lease term shall cease only on the part so taken as of the day possession shall be taken by such public authority and thereafter, the fixed annual rent hereunder shall be reduced in proportion to the amount of the Premises taken. 27. Delays. In the event either party hereto shall be delayed or hindered in or prevented from the performance of any act or obligation required hereunder because of Acts of God, severe weather conditions, earthquakes, strikes, lockouts, labor troubles, inability to procure materials, fire or other casualty, failure of power, governmental restrictions, rules, orders or regulations, riots, insurrection, war, or any other reason of a like nature beyond the reasonable control of the party delayed in the performance of such act or obligation, then the period of such delays shall be deemed added to the time herein provided for the performance of any such act or obligation, and the defaulting party shall not be liable for any losses or damages caused by such delays. Notwithstanding the foregoing, nothing contained herein shall operate to excuse (a) Tenant from the prompt payment of rent or any other payments required under this Lease, or (b) Landlord from the liquidated damages provision of Paragraph 3 hereof. 28. Quiet Enjoyment. Upon payment by Tenant of the rents herein provide, and upon the observance and performance of all of the terms, conditions and covenants required of Tenant hereunder, Tenant shall peacefully and quietly hold and enjoy the Premises for the term of this Lease without hindrance or interruption by Landlord or any person legitimately claiming by, through or under Landlord, subject, nevertheless, to the terms and conditions of this Lease. 29. Right to Re-Enter. In the event Tenant shall fail to pay any rental or other charges due hereunder within ten (10) days after the same is due, or shall fail to perform any of the other terms, conditions or covenants of this Lease for more than thirty (30) days after written notice of such default by Landlord to Tenant, or if Tenant shall abandon or vacate the Premises, then Landlord, besides any other rights or remedies it may have, shall have the right to declare this Lease terminated and the term ended and/or shall have the right of re-entry and may remove all persons and property from the Premises and store such property in a public warehouse or elsewhere at the cost of Tenant, without evidence of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. 30. Right to Relet. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time, without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Premises, and relet the Premises or any part thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. All rentals received by Landlord from any such reletting shall be applied first to the payment of any indebtedness other than rent due hereunder from Tenant; second, to the payment of any costs and expenses of such reletting, including, brokerage fees, attorneys' fees and the costs of alterations and repairs; third, to the payment of rent and other charges due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of any future rent as the same may become due and payable hereunder. If the rentals from any such reletting during any month are less than -4- that to be paid during that month by Tenant hereunder, Tenant shall pay such deficiency to Landlord on a monthly basis. No such re-entry or taking possession of the Premises shall be construed as an election to terminate this Lease unless a written notice of termination be given to Tenant or such termination be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the Premises, reasonable attorneys' fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent reserved in this Lease for the remainder of the stated term over the then reasonable rental value of the Premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from Tenant to Landlord. 31. Legal Expenses. In case suit shall be brought for recovery of possession of the Premises, for the recovery of rent or any other amount due under this Lease, or because of the breach of any other term, condition or covenant of this Lease on the part of Tenant to be kept or performed, and a breach shall be established, Tenant shall pay to Landlord all expenses incurred therefor, including a reasonable attorney's fee. 32. Liens. Tenant covenants and agrees that it will not permit any liens or encumbrances of any kind or nature whatsoever to attach to the Premises, any leasehold improvements at the Premises or Tenant's interest in this Lease by reason of any act or omission of Tenant or any party claiming by, through or under Tenant. 33. Modifications. This Lease may be modified or amended only by the written agreement of Landlord and Tenant. 34, Governing Law. This Lease shall be interpreted under and governed by the laws of the State of Michigan. - 35. Severability. If any provisions of this Lease, on the application thereof to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provision to the parties or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 36. Waiver. One (1) or more waivers of any covenant, condition or agreement by Landlord shall not be construed as a waiver of a subsequent breach of the same covenant, condition or agreement. No breach of a covenant, condition or agreement of this Lease shall be deemed to have been waived by Landlord unless such waiver be in writing signed by Landlord. 37. Entire Agreement. This Lease and the Exhibits attached hereto constitute the entire agreement of the parties hereto with respect to the Premises, and all prior negotiations, agreements and understandings, either oral or written, are hereby merged herein. 38. Binding Effect. The terms and conditions of this Lease shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns; provided, however, that no rights shall inure to the benefit of any assignee of Tenant unless the assignment to such assignee has been approved by Landlord in writing as provided in Paragraph 21 hereof. 39. Use of Words. The pronouns and relative words herein used shall be read interchangeably in masculine, feminine or neuter, singular or plural, as the respective case may be. 40. Notice. Any notice or other communication required or desired to be given hereunder shall be deemed to have been sufficiently given for all purposes if delivered personally to the party to whom the same is directed, or if sent by registered or certified mail, postage and charges prepaid, addressed to the address of such party as set forth above. Any notice which is served personally shall be deemed to be given on the date on which the same is actually served, and any notice which is sent by mail shall be deemed given two (2) days after the same is deposited in a regularly maintained receptacle for the deposit of United States mail, addressed as provided in the immediately preceding sentence. Any party may change its address for purposes of this Lease by giving the other party notice thereof in the manner hereinbefore provided for the giving of notices. -5-- 41. Option to Purchase. Tenant shall have the option to purchase the Premises from Landlord upon the expiration of the term of this Lease upon price terms to be mutually agreed upon at least sixty (60) days prior to the expiration of the terms of this Lease. This option to purchase shall be null and void if the parties fail to reach an agreement as to price and terms at least sixty (60) days prior to the expiration of this Lease. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. WITNESSES: R. G. DRYDEN & ASSOCIATES, a Michigan Corporation BY: Richard G. Dryden It's President "Landlord" COUNTY OF OAKLAND, a Michigan Constitutional Corporation BY: Richard R. Wilcox, Chairperson Oakland County Board of Commissioners "Tenant" STATE OF MICHIGAN ) ) ss. COUNTY OF OAKLAND ) The foregoing instrument was acknowledged before me this , 1985, by , Notary Public Oakland County, Michigan My Commission Expires: STATE OF MICHIGAN ) ) ss. COUNTY OF OAKLAND ) The foregoing instrument was acknowledged before me this day of , 1985, by Richard R. Wilcox, the Chairperson of the Board of Commissioners of the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, on behalf of the Corporation. , Notary Public Oakland County, Michigan My Commission Expires: day -7- CD2 FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: REAL ESTATE SECTION (CORPORATION COUNSEL) - 52ND DISTRICT COURT, 3RD DIVISION LEASE - ROCHESTER HILLS - MISCELLANEOUS RESOLUTION #85062 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution #85062 and finds: 1) The proposed lease is for a period of ten (10) years commencing August 1, 1985 or as soon thereafter as the facility is ready for occupancy; 2) The County agrees to pay fixed annual rent of $138,702.96 (based on a rate of $12.66 per square foot for 10,956 square feet of space) in equal monthly installments, adjusted anizoirAy by the CPI for the last five (5) years of the lease; 3) The additional rental cost for the remainder of 1985 is $25,391, said funds available in the 1985 Contingency Account. 4) The Board of Commissioners appropriates $25,391 from the 1985 Contingency Account and transfers said amount to the 1985 District Court, Division III budget as follows: 909-01-00-9900 Contingency $(25,391) 324-01-00-3658 Division III - Rent 25,391 -0- 5) The county will be responsible for the payment of utilities costs, janitorial services, telephone system costs, real estate taxes and assessments and furniture and equipment cost and repair; an additional appropriation will be requested when such costs are made available. 6) 1986 costs will be provided in the 1986 Budget. -FINANCE COMMITTEE Minority Vice Chai r-)erson #85062 March 14, 1985. Moved by Hobart supported by Webb the resolution be adopted. Discussion followed. Moved by Hobart supported by Webb the lease be amended by deleting paragraphs 27 and 42. A sufficient majority- having voted therefor, the amendment carried. Mr. Rewold stated he would abstain from voting on the resolution because of his association with the Rewold and Son Construction Company, and although the Corporation Counsel said It's not a conflict of interest for him to vote, he would abstain from voting on the resolution. Discussion followed.. Moved by Hobart supported by Webb the Fiscal Note attached to the resolution be amended by substituting the following fiscal note: FISCAL NOTE By Finance Committee IN RE: REAL ESTATE SECTION (CORPORATION COUNSEL) - 52nd DISTRICT COURT, 3rd DIVISION LEASE - ROCHESTER HILLS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution #85062 and finds: 1) The proposed lease is for a period of ten (10) years commencing August 1, 1985 or as soon thereafter as the facility is ready for occupancy; 2) The County agrees to pay fixed annual rent of $138,702.96 (based on a rate Of $12.66 per square foot for 10,956 square feet of space) in equal monthly installments, adjusted one time by the C1R for the last five (5) years of the lease; 3) The additional rental cost for the remainder of 1985 is $25,391, said funds available in the 1985 Contingency Account. 4) The Board of Commissioners appropriates $25,391 from the 1985 Contingency Account and transfers said amount to the 1985 District Court, Division III budget as follows: 909-01-00-9900 Contingency $(25,391) 324-01-00-3658 Division III-Rent 25,39 1 -0- 5) The county will be responsible for the payment of utilities costs, janitorial services, telephone system costs, real estate taxes and assessments and furniture and equipment cost and repair; an additional appropriation will be requested when such costs are made available. 6) 1986 costs will be provided in the 1986 Budget. FINANCE COMMITTEE Betty Fortino, Minority Vice Chairperson Discussion followed. Vote on amended Fiscal Note: AYES: Skarritt, Webb, Wilcox, Doyon, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Nelson, Olsen. (16) NAYS: Aaron, Calandro, Fortino, Moore, Price. (5) ABSTAIN: Rewold. (1) A sufficient majority having voted therefor, the amended Fiscal Note carried. Moved by Price supported by Fortino the resolution be referred back to the Planning and Building Committee. Discussion followed. 14th day of 9 85 EN March #85062 - page 2 March 14, 1985 Vote on motion to refer: AYES: Aaron, Doyon, Fortino, Law, McPherson, Moore Price. (7) NAYS: Skarritt, Webb, Wilcox, Calandro, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, McConnell, Moffitt, Olsen. (13) ABSTAIN: Rewold. (1) A sufficient majority not having voted therefor, the motion failed. Moved by Price supported by Fortino the lease be amended in all the WHEREAS paragraphs where R. G. Dryden & Associates" appears by striking R. G. Dryden S Associates" and inserting "Rivercrest"; also insert the appropriate cost of the lease ($12.00 per square foot in place of $12.66 and change the total amount to reflect the change) Discussion followed. Vote on amendment: AYES: Aaron, Fortino, Moore, Price, (10. NAYS: Webb, Wilcox, Calandra, Deyon, Gosling, Hassberger, Hobart, S. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt, Nelson, Olsen, Skarritt, ABSTAIN: Rewold, (1) R, Kuhn, (17) McConnel A sufficient majority not having voted therefor, the amendment 'caned, Vote on resolution with amended Fiscal Note: AYES: Wilcox, Doyon, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Moffitt, Nelson, Olsen, Skarritt, Webb, (14) NAYS: Aaron, Calandro, Fortino, Law, McPherson, Moore, Price. (7) ABSTAIN: Rewold, (1) A sufficient majority having voted therefor, the resolution, with amended Fiscal Note, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Miscellaneous Resolution 1185062 adopted by the Oakland County Board of Commissioners at their meeting held on March 14, 1985 with the orginiai record thereof now remaining in my office, and that it, is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this County Clerk/Register of Deeds