HomeMy WebLinkAboutResolutions - 1994.03.23 - 24174March '24," 1994 •
MISCELLANEOUS RESOLUTION #94064
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: 52/1 DISTRICT COURT LAWSUIT - APPROVAL OF CONSENT JUDGMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Board of Commissioners, in Miscellaneous Resolution #93066,
authorized a Lease for a new 52/1 District Court facility with R. G. Dryden & Associates (known
at the time of the lawsuit as D & K Properties, Ltd.) for a courthouse facility to be located in Novi,
Michigan; and
WHEREAS, said action was challenged in Oakland County Circuit Court, Case No.
93-455433-CZ, by the City of Walled Lake, the community in which the present 52/1 District
Court facility is located; and
WHEREAS, the parties have agreed to amicably settle that lawsuit and a Consent
Judgment has been prepared incorporating that settlement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached Consent Judgment.
BE IT FURTHER RESOLVED that counsel for Oakland County and the Oakland
County Board of Commissioners is authorized to present to the court the attached Consent
Judgment agreement;
BE IT FURTHER RESOLVED that :`..e Chairperson of the Board of Commissioners
and the County Executive are authorized to sign the Consent Judgment on behalf of the County
of Oakland and the Board of Commissioners.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND
CITY OF WALLED LAKE, a Municipal
Corporation, CASEY J. AMBROSE,
WILLIAM T. ROBERTS, and DIANE CARTTER,
Plaintiffs,
-VS-
BOARD OF COMMISSIONERS OF
OF OAKLAND and the COUNTY
a Michigan Constitutional
and D & K PROPERTIES, LTD.
Co-Partnership,
THE COUNTY
OF OAKLAND,
Corporation,
, a Michigan
Case No. 93-455433-CZ
HON. ROBERT C. ANDERSON
Defendants,
and CONSENT JUDGMENT
THE CITY OF NOVI, a Municipal
Corporation,
Intervening Defendant.
BEIER HOWLETT
By: Lawrence R. Ternan (P21334)
Attorneys for Plaintiffs
200 East Long Lake Road, Suite 110
Bloomfield Hills, MI 48304-2361
(313) 645-9400
HILL LEWIS
By: Robert B. Webster (P22082)
By: Kevin H. Breck (P43319)
Attorneys for Defendants, Oakland County Board
of Commissioners and the County of Oakland
255 S. Woodward Avenue, Suite 301
Birmingham, MI 48009
(313) 642-9692
HUTSON, SAWYER, CHAPMAN & REILLY
By: Thomas G. Sawyer (P19929)
Attorneys for Defendant D & K Properties, Ltd.
292 Town Center Drive
Troy, MI 48084-1799
(313) 689-5700
FRIED & LEVITT, P.C.
By: David M. Fried (P13710)
Attorneys for Intervening Defendant
Suite 3655, 30700 Telegraph Road
Bingham Farms, MI 48025
(313) 645-1003
CONSENT JUDGMENT
At a session of said Court held on
PRESENT: HONORABLE ROBERT C. ANDERSON, CIRCUIT JUDGE
This suit having been filed by Plaintiffs to challenge the moving of the
52nd District Court, First Division, from the City of Walled Lake, the County
having presented a plan for use of the vacated District Court building as a
County satellite facility, the parties having resolved and compromised the issues
in this litigation, and the Court being duly advised of the circumstances;
IT IS HEREBY ORDERED that this Consent Judgment shall be and hereby is
entered providing:
1. This Consent Judgment pertains to real property located in the City
of Walled Lake, Oakland County, Michigan, which is more particularly described
in Exhibit 1 attached hereto.
2. The County of Oakland may proceed with its plans to lease a new
building to house the 52nd District Court, First Division, in the City of Novi,
Oakland County, Michigan.
3. Upon vacation of the existing facility in the City of Walled Lake,
the County of Oakland shall proceed to renovate the building and property for use
as a satellite office building for County services, generally consistent with the
plan as stated in the letter dated February 25, 1994, from David Ross, Director
of the Department of Public Works of Oakland County, a copy of which letter is
attached hereto as Exhibit 2.
4. The renovation of the existing District Court facility shall commence
within nine (9) months of vacation of the building by the District Court. The
County shall carryout its present plans for renovation and shall expend
approximately $500,000 on the project.
5. If, within five (5) years after vacation of the building by the
District Court the building is used only for storage or sits vacant for a period
of more than nine (9) months, the County shall place the property on the open
market for sale at the best price obtainable based upon prevailing market
conditions. Subject to the laws of the State of Michigan, the County shall use
its best efforts to sell the property under reasonable terms and conditions. If
Plaintiffs believe that there are unreasonable delays or that reasonable steps
and/or terms are not being utilized to sell the property, they may petition the
Court to conduct a hearing and then enter such orders as appear to be reasonable
under the circumstances which might enhance the opportunity to sell the property
under terms which are consistent with law and reasonable to the County,
considering the market at that time.
6. The City of Walled Lake shall provide in reasonably close proximity
to the building additional parking spaces which may be used by County staff and
patrons of the facility. The number of new parking spaces shall be determined
by the County and City administrative staffs based upon final plans for use of
the building. The existing on-site 94 parking spaces shall be resurfaced by the
County at County expense. The City shall newly pave any new parking spaces to
be created by the City.
7. A copy of this Consent Judgment shall be recorded with the Oakland
County Register of Deeds.
8. This Consent Judgment shall inure to and be binding upon the parties
hereto and their successors and assigns, except that the terms of this agreement
shall not be binding upon any person who purchases said property from the County
as set forth in Paragraph 5 herein.
9. This Court shall retain jurisdiction to interpret and enforce the
terms of this consent Judgment.
10. No costs shall be awarded as a public question is involved.
ROBERT C. ANDERSON, Circuit Judge
Dated:
Approved:
BEIER HOWLETT
By:
Lawrence R. Ternan (P21334)
Attorneys for Plaintiffs
HUTSON, SAWYER, CHAPMAN
& REILLY
HILL LEWIS
By:
Robert B. Webster (P22082)
Attorneys for Defendants Board of
Commissioners of Oakland County
and Oakland County
FRIED & LEVITT, P.C.
By:
Thomas G. Sawyer (P19929)
Attorneys for Defendant
D & K Properties
By:
David M. Fried (P13710)
Attorneys for Intervening
Defendant
Exhibit 1
This Consent Judgment pertains to the real property commonly
known as 1010 E. West Maple Road, Walled Lake, Michigan 48390, more
particularly described as:
Part of Lot 46, Supervisors Plat #4, being part of
West 1/2 of Section 26, part of the Southeast 1/4 of
the Southeast 1/4, Section 27, part of the Northeast
1/4 of Section 34, and part of the Northwest 1/4
Section 35, Town 2 North, Range 8 East, City of
Walled Lake, Oakland County, Michigan, according
to the plat thereof as recorded in Liber 54A of Plats,
Pages 79 and 79A, Oakland County Records and
described as: Beginning at a point on the North line
of said lot South 82 degrees 52 minutes 20 seconds
West 435.25 feet from the Northeast corner of said
lot; thence South 82 degrees 52 minutes 20 seconds
West 325.0 feet thence South 7 degrees 7 minutes
40 seconds East 220.01 feet thence North 82
degrees 52 minutes 20 seconds East 325.00 feet
thence North 7 degrees 7 minutes 40 seconds West
220 feet to the point of beginning.
(2) Veterans' Services
(3) Health Division
L BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
COUNTY MICHIGAN
DEPARTMENT OF FACILITIES MANAGEMENT David W. Ross. Director
February 25, 1994
Mr. Phillip S. Vawter, Manager
City of Walled Lake
1499 E. West Maple Road
Walled Lake, MI 48390-3708
RE: Reuse of Oakland County
52/1 District Court Facility
Dear Mr. Vawter.
This letter is to confirm our discussions concerning the reuse of the Oakland County 52/1 District
Court facility upon the vacating of that facility by the District Court. As noted, the County
Executive, subject to the approval of the Oakland County Board of Commissioners, proposes to
utilize the referenced facility as a satellite office building for other County services. Five Hundred
Thousand Dollars has been appropriated in our 1994 capital improvement program for necessary
renovations to accommodate the change in facility use.
Detailed planning for reuse will not take place until the status of the Court relocation issue has
been finally resolved. Extensive planning prior to resolution of this issue would be a costly and
potentially wasted effort if the Court is not relocated.
•
However, preliminary discussions with several departments and elected officials indicate high
levels of interest in providing services from this facility. Some examples are:
Name of Department No. of Staff Preliminary Description of Services
(1) Treasurer 2 Receipt of tax payments, deed
certification, tax statements, dog
license fees, some water bill
payments.
3-4 Veterans' counseling services.
35-60 Estimate half of staff to be field
service personnel. Remaining staff
would provide walk-in services for
W.I.C. Program, Child Health and
Nutrition Counseling. Health
Screening, possible walk-in clinical
services, etc.
PUBLIC WORKS BUILDING • ONE PUBLIC WORKS DR • WATERFORD MI 41&228-1907 • 1810) 858-0160 • FAX (810) 858•10E6
Mr. Phillip S. Vawter
February 25, 1994
Page #2
(4) Probate Court 10
(5) Circuit Court Unknown
(6) Clerk/Register of Deeds Unknown
Case workers, probation officers,
evening parent groups, etc.
Pretrial services, Friend of the Court
payment services. Probation offices.
Clerk has expressed interest in this
facility when sufficient technology
exists to provide access to records
on file at the Courthouse.
In addition to these uses, other departments and elected officials have expressed an interest in
utilizing the facilities, all dependent upon on Board of Commissioners approval of sufficient
funding and staff for such uses. This list is by no means exhaustive and additional and other
prospective uses are being and will continue to be explored. In short, it is our intent to utilize
the facility in the best interest of the citizens of Oakland County to continue to provide quality
services to our residents.
I hope this information is helpful to you. If you have any questions, please contact me at 858-
0160.
Since i tly,
David W. Ross, Director
DEPARTMENT OF FACILITIES MANAGEMENT
DVVR/mp
City of Walled Lake
1499 E. West Maple • Walled Lake, Michigan 48390
(313) 624-4847 Fax (313) 624-1616
March 10, 1994
Gerald Poisson
Corporation Counsel
County of Oakland
1200 North Telegraph Road
Pontiac, Michigan 483414043
Subject: Walled Lake vs. Oakland County
Dear Mr. Poisson:
Currently, the 52-1 District Court site has 9.4 parking spaces. As part of a potential
settlement of the pending lawsuit, the City has agreed to provide additional parking pat in
close proximity to the facility. To meet local zoning requimments, it is anticipated dull
additional 35-40 spaces at a minimum would be necessary.
However, we have previously indicated that the specific number of additional spaces !et
would be determined by the City and County administrative staffs based upon the final pi:1/IN
for use of the building. I have shown Dave Ross a proposed layout of additional parichi)t. NVIlit '1 I
would be dependent upon reaching agreement with adjacent property owners.
If you need additional information or clarification, please let me know.
Sincerely yours, tek
Phillip S. Vawter
City Manager
.r.. fraii.4 MIT 'hi flint
eHoe,51-
COAKLAND7 L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
Michael D. Blaszczak
MDB/pgd
Enclosure
cc: Patrick Campbell, Facilities Management 7 Z 5
-
-
COUNTY MICHIGAN Gerald D. Poisson, Director 858-0553
DEPARTMENT OF CORPORATION COUNSEL Michael D. Blaszczak 858-0551
MEMORANDUM
To: LYNN D. ALLEN,
Oakland County Clerk
From: MICHAEL D. BLASZCZAK,
Assistant Corporation Counsel
Date: September 29, 1994
Subject: 52/1 District Court Amendment to Lease
Please find enclosed the above, original, completed Amendment to 52/1 District Court
Lease Agreement between R. G. Dryden & Associates and the County of Oakland.
Please file this with the original Lease, for safekeeping, with other Board of
Commissioner's Records.
Please contact me, should you have any questions.
Court Tower - West Wing • 1200 North Telegraph Road • Pontiac, Michigan 48341-0419 • (810) 858-0550 • Fax (810) 858-1003
'94 57,T -5
_
COUNTY MICHIGAN
DEPARTMENT OF CORPORATION COUNSEL
Gerald D. Poisson, Director 858-0553
Jody M. McLeod, Deputy 858-0557
Gordon R. Wyllie 858-0555
Donald F. Slavin 858-0554
John F. Ross 858-0558
Michael D. Blaszczak 858-0551
-. 4.6.......0.4 _ .
OAKLAINEW- [ L BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
September 27, 1994
Mary Jo Forte, Vice President
Michigan National Bank
Commercial Real Estate
Loan Division (10-03)
27777 Inkster Road
Farmington Hills MI 48334
RE: 52-1 District Court, Novi, Michigan
Dear Ms. Forte:
This letter is provided at your request to implement certain credit arrangements between
Michigan National Bank (the "Lender") and Newberry Properties, L.L.C., a Michigan limited liability
company (the "Landlord") with respect to the future 52-1 District Court Facility, Novi, Michigan
("the Premises"). We understand that you (the "Lender") are taking a security interest (the
"Mortgage"), in the Premises (described on Schedule A, attached hereto and made a part hereof),
as security for a certain credit facility you are making available to the Landlord.
R. G. Dryden, doing business as R.G. Dryden Associates (the "Assignor"), and the County
of Oakland, Michigan (the "Lessee") entered into a certain Lease dated April 15, 1994 relating to
these Premises, and the Assignor thereafter assigned its interest as owner and lessor to
Newberry Properties, L.L.C., a Michigan limited liability company (the "Landlord"), by an
Agreement and Consent to Transfer of Ownership and Assignment of Landlord's Interest in Lease
to 52-1 District Court Facility, Novi, Michigan, dated July 14, 1994, executed by the Assignor, the
Lessee, and the Landlord (collectively, the "Lease").
The Lessee hereby certifies that (a) the Lease is in full force and effect; (b) there are no
rental offsets, claims, or defenses to enforcement of the Lease; (c) no default has occurred and
is continuing under any of the terms or conditions of the Lease; and (d) the Lease,as described
herein, has not been changed or modified in any respect.
Subject to further provisions of this letter, the lien of the Lease is hereby subordinated to
the lien of the Mortgage.
In the event Lender or any other party acquires title or right of possession of the Premises
under the Mortgage through foreclosure, or otherwise, and Lessee is not in default beyond all
applicable cure periods under the Lease, the Lease shall remain in full force and effect and
Lessee shall continue occupancy of the Premises in accordance with the terms and provisions
Court Tower - West Wing • 1200 North Telegraph Road • Pontiac, Michigan 48341-0419 • 010) 8513-0550 • Fax 0310) 858-1003
COUNTY OF OAKLAND
. Brooks Patterspii,
Oakland CountytExecutive
arry P. gr6ke, Chairperson,
Oakland County Board of Commissioners
•
OAKLAND COUNTY CORPORATION COUNSEL
Mary Jo Forte, Vice President
Michigan National Bank
September 27, 1994
Page 2
of the Lease. In such event, Lender or any other party shall be in all respects bound by the
Lease as Landlord and by all of Lessee's rights thereunder, provided that Lessee is not in
continued default, after notice, in the payment of rent or otherwise under the terms of the Lease.
If Lender, or its nominee, assignee or purchaser at a foreclosure sale or proceeding in lieu
thereof shall succeed to the interest of Landlord under the Lease, such party shall not be (a)
bound by any rent or additional rent which might have been paid for more than the current
installment; (b) bound by any amendment or modification of the Lease made without the consent
of Lender; and (c) subject to any defenses or offsets which Lessee may have against any prior
landlord (including Landlord) or any rights to terminate the Lease arising from uncured defaults
of any prior landlord (including Landlord), except for ongoing offsets, defenses and termination
rights arising from uncured defaults of which the Lender shall have received notice(s) in
accordance with the following paragraph.
Lessee shall use reasonable efforts to send to Lender a duplicate copy of any notice of
default sent to Landlord. Lender shall have the right but not the obligation to cure such default
within the time period permitted by the Lease.
So long as the Lender or its nominee, assignee or purchaser at a foreclosure sale or
proceeding in lieu thereof shall be bound by the terms and conditions of the Lease, Lessee shall
attorn to such person when such person is in possession of the Premises, whether such
possession is pursuant to the Lender's rights under the Mortgage, or otherwise, and will continue
occupancy of the Premises under the same terms and conditions of such Lease.
The Lessee will follow the terms of the foregoing unless we agree with you otherwise in
writing.
Very truly yours,
WITNESSES:
Court Tower - West W5ng • 1200 North Telegraph Road • Pontiac. Michigan 46341-0419 • 810l 858-0550 • Fax (810) 858-1003
"otary Public
•
OAKLAND COUNTY CORPORATION COUNSEL
Mary Jo Forte, Vice President
Michigan National Bank
September 27, 1994
Page 3
STATE OF MICHIGAN )
) ss.
COUNTY OF OAKLAND )
On this 2-, day of "Ale"( I , 1994, before me a Notary Public personally appeared
L. Brooks Patterson, to me known, who being by me duly sworn, did depose and say that he is
the County Executive of the County of Oakland, Michigan, the Lessee described in the foregoing
instrument and executed the foregoing instrument.
Oakland County, Michigan
My Commission Expires: _
STATE OF MICHIGAN )
) ss.
COUNTY OF OAKLAND )
On this 28th day of September, 1994, before me a Notary Public personally appeared
Larry P. Crake, to me known, who being by me duly sworn, did depose and say that he is the
Chairperson of the Board of Commissioners for the County of Oakland, Michigan, the Lessee
described in the foregoing instrument and executed the foregoing instrument.
Kathleen A. Gaberty Notary Public
Oakland County, Michigan
My Commission Expires: 1-23-96
Drafted by and when recorded return to: Robert L. Schwartz, Esquire
Dykema Gossett PLLC
1577 North Woodward Avenue, #300
Bloomfield Hills, Ml 48304
(RLS/5378)
Court Tower - West Wing • 1200 North Telegraph Road • Pontiac, Michigan 48341-0419 • (810) 858-0550 • Fax {810) 858-1003
Resolution #94064 March 24, 1994
Moved by Palmer supported by Schmid the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Miltner, Obrecht, Palmer, Powers, Schmid, Taub, Wolf, Crake,
Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, McCulloch,
McPherson. (17)
NAYS: Oaks, Pernick, Aaron, Kaczmar, Kingzett. (5)
A sufficient majority having voted therefor, the resolution 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 March 24, 1994 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 24th day e)March 1994. 41.7 44:7776N7
Lygh D. Allen, County Clerk
: March .24, 1994
FISCAL NOTE (Misc. #94064)
BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: 52/1 DISTRICT COURT LAWSUIT - APPROVAL OF CONSENT
JUDGMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of the Board, the Finance Committee has
reviewed Miscellaneous Resolution # 94064 and finds:
1) The City of Walled Lake and the County of Oakland have
agreed to amicably settle the lawsuit (case #93-455-433-
CZ) regarding a new court facility for the 52/1 District
Court to be relocated in Novi.
2) It is recommended that the Oakland County Board of
Commissioners approves the attached Consent Judgment and
that the Chairperson of the Board of Commissioners and
the County Executive have the authority to sign the
Consent Judgment on behalf of the County of Oakland and
the Board of Commissioners.
3) The 1994/1995 Biennial Budget includes funding in the
Non-Departmental Budget for renovation of the old 52/1
District Court - Walled Lake facility, new furniture and
rental for the new court facility in Novi.
FITCOMMITTE7/'
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