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HomeMy WebLinkAboutResolutions - 1993.04.29 - 21869April 29, .19,C3 MISCELLANEOUS RESOLUTION #93066 BY: FINANCE COMMITTEE, JOHN P. MC CULLOCH, CHAIRPERSON IN RE: 52/1 DISTRICT COURT - AWARD OF LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland is the control unit for the 52nd Judicial District Court; and WHEREAS, the current need for additional space due to overcrowding cannot be accommodated by an enlargement of the current facility and the appropriate solution to address this need is relocation of this District Court to a new facility; and WHEREAS, the Board of Commissioners authorized and directed the Department of Corporation Counsel to solicit proposals for the lease and/or design, construction and lease of a facility to accommodate the relocation of the First Division of this court; and WHEREAS, the County received 19 proposals from 13 developers for the construction and lease of a new facility for the 52/1 District Court; and WHEREAS, the Planning and Building Committee has reviewed and evaluated these proposals as submitted, re-submitted and evaluated by staff. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners awards the lease for the 52/1 Judicial District Court to R.G. Dryden & Associates for a Courthouse facility to be located at Grand River and 1-96, in Novi, Michigan, not to exceed 25,833 net square feet, at a rate not to exceed $13.76 per net square foot, at the annual sum of $355,400 per year. Said lease shall include land, improvements and total maintenance for a period of five (5) years with an option to renew for an additional five (5) to be adjusted in accordance with the CPI factor. BE IT FURTHER RESOLVED that the following language be included in the lease: - That R.G. Dryden & Associates shall warrant that it will remain sole owner of the premises at all times during construction and the County's occupancy of the premises, and shall not transfer ownership of same without the consent of the County Executive and the Chairperson of the Oakland County Board of Commissioners - That a specific buy-out price and/or buy-out formula shall be provided for each lease term after completion - That approval of all proposed contractors and subcontractors by both the County Executive and Chairperson of the Board of Commissioners shall be a condition precedent to the parties' obligations hereunder. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners and the County Executive are authorized to sign the lease on behalf of the County. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANOE COMMITTEE 1:\LAVE\52-1FAC.RES ii LEASE This Lease is made and entered into as of the date of , 1993, by and between R.G. Dryden & Associates, whose address is 1949 Industrial Drive, Rochester Hills, Michigan 48309 (hereinafter referred to as "LANDLORD"), and the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (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 Grand River south of Beck Road, Novi, Michigan, containing 25,833 net (finished and usable) 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. 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, Three Hundred Fifty-five Thousand Four Hundred Forty dollars and 00/100 ($355,440.00) per year (based on the rate of Thirteen dollars and 76/100 ($13.76) per net square foot per year), which sum shall be payable by TENANT to LANDLORD in equal consecutive monthly installments of Twenty-nine Thousand Six Hundred Twenty dollars and 00/100 ($29,620.00), on or before the first day of each month, in advance, without any prior demand therefor and without any deductions or set-offs 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 Three Hundred Fifty-five Thousand Four Hundred Forty dollars and 00/100 ($355,440.00) multiplied by the CPI Fraction, as hereinafter defined, (but in any event, not less than Three Hundred Fifty-five Thousand Four Hundred Forty dollars and 00/100 ($355,440.00) 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 set-offs 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 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. 4. Ownership. R.G. Dryden & Associates warrants that it will remain the sole owner of the premises at all times during construction and the County's occupancy of the premises, and shall not transfer ownership of same, without the consent of the County Executive and the Chairman of the Oakland County Board of Commissioners, which shall not be unreasonably withheld. 5. Approval of Contractors. Approval of all proposed contractors and subcontractors by both the Oakland County Executive and the Chairperson of the Oakland County Board of Commissioners shall be a condition precedent to the parties' obligations hereunder. 6. 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. 7. 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 the 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 twenty-five (125%) of the monthly rent for the twelve (12) months immediately prior to such holding over period. 2 8. 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 three (3) 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. 9. 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. 10. Use and Occupancy. The Premises shall be used during the term of this Lease only as the 52/1 District Court and/or municipal purposes for the State of Michigan. The Premises shall not be used in violation of any law, municipal ordinance of regulation, and TENANT agrees to indemnify and hold LANDLORD harmless from and against any loss, cost, liability or damage as a result of any such violation. 11. 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. 12. 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 re-carpet or clean the existing carpet at the Premises after the date five (5) years after the commencement date of this Lease. 13. 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 ninety (90) days after LANDLORD'S receipt of such notice in the event LANDLORD does not comply with such laws and regulations within such ninety (90) day period. If LANDLORD complies with such laws and regulations within such ninety (90) day period, TENANT shall not have the right to quit the Premises. 3 14. Destruction of Premises. In the event the Premises are partially or totally damaged or destroyed by fire or other casualty, 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. 15. 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 00/100 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 00/100 Dollars ($1,000,000.00) combined single limit coverage per occurrence. In addition to the foregoing, TENANT shall also maintain a policy of fire and casualty insurance covering TENANT'S contents therein. 16. Indemnification. TENANT shall 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 negligent acts or omissions, of TENANT, 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. 4 17. Repairs. LANDLORD shall maintain and keep in good repair the roof, ceilings, walls, floors, foundations, electrical systems, plumbing, sidewalks, parking areas, exterior glass, heating and cooling systems at the premises and septic system if applicable. 18. 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. 19. 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. 20. 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. 21. 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 as to the form, content, material, lighting and structure thereof. 5 22. 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 action of its legislature, takes over and assumes 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. 23. Utilities. TENANT shall be solely responsible for and promptly pay all charges for water, gas, heat, electricity, telephone, sewer, and any other utility used upon or furnished to the TENANT. LANDLORD agrees to provide utility service lines into the Premises and separate meters for all utilities used upon or furnished to the Premises. 24. Parking. LANDLORD agrees to provide sufficient parking to satisfy the requirements of the City of Novi as of the date hereof, but in no event less than two hundred twenty-seven (227) dedicated spaces. 25. 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. 26. Services. LANDLORD agrees to provide, at its expense, trash removal, snow and ice removal from sidewalks, steps and parking areas, complete parking lot maintenance, lawn care services and complete janitorial services performed in accordance with the schedule attached as Exhibit C. 6 27. 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. 28. 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. 29. 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. 30. Modifications. This Lease may be modified or amended only by the written agreement of LANDLORD and TENANT. 31. Governing Law. This Lease shall be interpreted under and governed by the Laws of the State of Michigan. 32. 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. 33. 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. 7 34. 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. 35. 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. 36. 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. 37. 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 part 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. 38. Option to Purchase. TENANT shall have the option to purchase the Premises from LANDLORD upon the expiration to the term of this Lease, upon price terms as established by the utilization of a pricing formula as set forth below, provided, TENANT gives LANDLORD notice of its intent to exercise said option at least sixty (60) days prior to the expiration of the term of this Lease. The pricing formula to be utilized shall be as follows: Each party shall select an appraiser who shall be an MAI, ASA or SRA. The two (2) appraisers in turn shall mutually select a third appraiser. Each of the three (3) appraisers shall prepare a written appraisal establishing the fair market value of the premises. The purchase price shall be the quotient of the three (3) values. The purchase price shall be payable in cash. 8 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. WITNESSES: R.G. DRYDEN & ASSOCIATES BY: Richard G. Dryden, President LANDLORD COUNTY OF OAKLAND, a Michigan Constitutional Corporation BY: Larry P. Crake, Chairperson O.C. Board of Commissioners BY: L. Brooks Patterson, Oakland County Executive TENANT STATE OF MICHIGAN ) )ss COUNTY OF OAKLAND ) The foregoing instrument was acknowledged before me this day of , 1993, by Notary Public, Oakland County, Michigan. My Commission Expires: 9 „=, lq—anning and Building Committee REPORT April 1, 1993 BY: Planning and Building Committee, Charles Palmer, Chairperson TO: Finance Committee, John P. McCulloch, Chairperson IN RE: 52/1 District Court-Award of Lease Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed the proposals received for the above-referenced project, reports with the recommendation that the lease be awarded to R.G. Dryden and Associates for a Courthouse facility to be located at Grand River and 196, Novi, Michigan, not to exceed 25,833 net square feet, at the rate not to exceed $13.76 per net square foot, at the sum of $355,400 per year. Said lease to include land, improvements, total maintenance, and the following language: - That R.G. Dryden & Associates shall warrant that it will remain sole owner of the premises at all times during construction and the county's occupancy of the premises, and shall not transfer ownership of same without the consent of the County Executive and the Chairperson of the Oakland County Board of Commissioners - That a specific buy-out price/and or buy-out formula shall be provided for each lease term after completion - That approval of all proposed contractors and subcontractors by both the County Executive and Chairperson of Oakland County Board of Commissioners shall be a condition precedent to the parties' obligations hereunder. Chairperson, on behalf of the Planning and Building Committee, I move acceptance of the foregoing report. Resolution #93066 April 29, 1993 Moved by McCulloch supported by Schmid the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Discussion followed. Moved by Gosling supported by Kingzett the resolution be referred back to the Finance Committee. Discussion followed. Vote on referral: AYES: Gosling, Jensen, Kingzett, Pernick, Price, Douglas. (6) NAYS: Huntoon, Johnson, Kaczmar, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Aaron, Crake, Garfield. (18) A sufficient majority not having voted therefor, the motion to refer failed. Moved by Moffitt supported by Law the resolution be amended to include after the NOW BE IT RESOLVED paragraph: "BE IT FURTHER RESOLVED that no subsequent courthouse locations be approved in the 52nd District by the Board of Commissioners until (1) the Board enacts a comprehensive, binding procedure for determining locations of future courthouses in the 52nd District; and (2) receives an opinion from retained counsel, William P. Hampton, consistent with such approval, said opinion to include, but not be limited to addressing: a) Technical interpretation of pertinent statutes b) Existing situation of statute compliance or non-compliance c) Whether non-contiguous communities' consent is legally required or practically desirable d) Implications of the statute's interpretation for potential similar situations in other divisions of the 52nd District Court e) Effects of proposed State law changes, possible district boundary changes or significant potential impacts f) Recommendations for developing an appropriate policy to secure binding consensus from involved communities regarding future courthouse locations." The Chairperson ruled the amendment out of order. Commissioner Moffitt appealed the rule of the Chair. Discussion followed. The Chairperson stated a"yes" vote would uphold the decision of the chair; a "no" vote would not. AYES: Jensen, Johnson, McCulloch, Oaks, Pernick, Price, Aaron, Crake, Douglas, Gosling. (10) NAYS: Huntoon, Kaczmar, Kingzett, Law, McPherson, Miltner, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Garfield. (14) A sufficient majority not having voted therefor, the rule of the Chair was not upheld. Vote on Mr. Moffitt's amendment: AYES: Jensen, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Douglas, Garfield, Gosling, Huntoon. (18) NAYS: Johnson, Oaks, Pernick, Price, Aaron, Crake. (6) A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Johnson, Law, McCulloch, Moffitt, Obrecht, Palmer, Powers, Price, Schmid, Taub, Wolf, Crake, Garfield, Huntoon, Jensen. (15) NAYS: Kaczmar, Kingzett, McPherson, Miltner, Oaks, Pernick, Aaron, Douglas, Gosling. (9) A sufficient majority having voted therefor, the resolution, as amended, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 29, 1993 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 29th day of April 1993.- Lynp D. Allen, County Clerk MR CITAIRAM:, I MOVE THAT THE RESOLUTION BE AMENDED TO INCLUDE THE FOLLOWING LANGUAGE: BE IT FURTHER RESOLVED that no subsequent courthouse locations be approved in the 52nd District by the Board of Commissioners until (1) the Board enacts a comprehensive, binding procedure for determining locations of future courthouses in the 52nd District; and (2) receives an opinion from retained counsel, William P. Hampton, consistent with such approval, said opinion to include, but not be limited to addressing: a) Technical interpretation of pertinent statutes b) Existing situation of statute compliance or non - compliance c) Whether non -contiguous communities' consent is legally required or practically desirable d) Implications of the statute's interpretation for potential similar situations in other divisions of the 52nd District Court e) Effects of proposed State law changes, possible district boundary changes or significant potential impacts f) Recommendations for developing an appropriate policy to secure binding consensus from involved communities regarding future courthouse locations Resolution #93066 April 29, •993 Moved by McCulloch supported by Schmid the Planning and Building Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Discussion followed. Moved by Gosling supported by Kingzett the resolution be referred back to the Finance Committee. Discussion followed. Vote on referral: AYES: Gosling, Jensen, Kingzett, Pernick, Price, Douglas. (6) NAYS: Huntoon, Johnson, Kaczmar, Law, McCulloch, McPherson, Miltner, Moffitt, Oaks, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Aaron, Crake, Garfield. (18) A sufficient majority not having voted therefor, the motion to refer failed. Moved by Moffitt supported by Law the resolution be amended to include after the NOW BE IT RESOLVED paragraph: "BE IT FURTHER RESOLVED that no subsequent courthouse locations be approved in the 52nd District by the Board of Commissioners until (1) the Board enacts a comprehensive, binding procedure for determining locations of future courthouses in the 52nd District; and (2) receives an opinion from retained counsel, William P. Hampton, consistent with such approval, said opinion to include, but not be limited to addressing: a) Technical interpretation of pertinent statutes b) Existing situation of statute compliance or non-compliance c) Whether non-contiguous communities' consent is legally required or practically desirable d) Implications of the statute's interpretation for potential similar situations in other divisions of the 52nd District Court e) Effects of proposed State law changes, possible district boundary changes or significant potential impacts f) Recommendations for developing an appropriate policy to secure binding consensus from involved communities regarding future courthouse locations." The Chairperson ruled the amendment out of order. Clerk Lynn D. Allen, County Commissioner Moffitt appealed the rule of the Chair. Discussion followed. The Chairperson stated a 'yes" vote would uphold the decision of the chair; a "no" vote would not. AYES: Jensen, Johnson, McCulloch, Oaks, Pernick, Price, Aaron, Crake, Douglas, Gosling. (10) NAYS: Huntoon, Kaczmar, Kingzett, Law, McPherson, Miltner, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Garfield. (14) A sufficient majority not having voted therefor, the rule of the Chair was not upheld. Vote on Mr. Moffitt's amendment: AYES: Jensen, Kaczmar, Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Douglas, Garfield, Gosling, Huntoon. (18) NAYS: Johnson, Oaks, Pernick, Price, Aaron, Crake. (6) A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Johnson, Law, McCulloch, Moffitt, Obrecht, Palmer, Powers, Price, Schmid, Taub, Wolf, Crake, Garfield, Huntoon, Jensen. (15) NAYS: Kaczmar, Kingzett, McPherson, Miltner, Oaks, Pernick, Aaron, Douglas, Gosling. (9) A sufficient majority having voted therefor, the resolution, as amended, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 29, 1993 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 29th day of ARil 1993.