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HomeMy WebLinkAboutResolutions - 2001.03.08 - 26507March 8, 2001 MISCELLANEOUS RESOLUTION #01077 BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON In RE: DEPARTMENT OF FACILITIES MANAGEMENT — RECOMMENDATION TO PURCHASE 9.2 ACRES OF PROPERTY TO ACCOMMODATE 52" DISTRICT COURT, THIRD DIVISION, LOCATED ON BARCLAY CIRCLE IN THE CITY OF ROCHESTER HILLS (TAX PARCEL #15-26-377-001) TO: OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRPERSON, LADIES, AND GENTLEMEN: WHEREAS, the current facility for the 52-3 District Court located in the City of Rochester Hills is inadequate in size to accommodate the current Court operation which is housed in three separate buildings; and WHEREAS, vacant office zoned property is available which is conveniently located in relation to the existing Court facilities in sufficient size to accommodate current and future Court operations; and WHEREAS, the Oakland County Board of Commissioners Planning and Building Committee at its August 24, 2000 meeting, authorized the Department of Facilities Management to obtain appraisals, Phase I and II Environmental Assessments and to negotiate a Purchase Agreement with the owner of the following described property pursuant to the Rules and Procedures of the Oakland County Board of Commissioners: A parcel of land in the East 1/2 of the Southwest 1/4 of Section 26, Town 3 North, Range 11 East, City of Rochester Hills, Oakland County, Michigan, described as: Commencing at the Southwest corner of said section; thence North 00 degrees 10 minutes 16 seconds West, 2075.00 feet along the West line of said Section 26; thence North 89 degrees 49 minutes 44 seconds East, 460.00 feet; thence North 00 degrees 10 minutes 16 seconds West, 243.07 feet; thence 158.69 feet along the arc of a 1813.00 foot radius non-tangential curve to the left, with chord bearing North 80 degrees 59 minutes 17 seconds East, 158.64 feet; thence North 78 degrees 28 minutes 50 seconds East, 200.00 feet; thence 94.69 feet along the arc of a 757.00 foot radius circular curve to the right, with chord bearing North 82 degrees 03 minutes 50 seconds East, 94.63 feet; thence North 85 degrees 38 minutes 50 seconds East, 200.00 feet; thence 1115.19 feet along the arc of a 757.00 foot radius circular curve to the right, with chord bearing South 52 degrees 08 minutes 58 seconds East, 1017.05 feet for place of beginning; thence continuing 242.36 feet along the arc of 757.00 foot radius circular curve to the right, with chord bearing South 00 degrees 46 minutes 29 seconds East 241.32 feet; thence South 08 degrees 23 minutes 53 seconds West, 567.38 feet; thence South 89 degrees 49 minutes 44 seconds West, 442.73 feet; thence North 00 degrees 10 minutes 16 seconds West, 802.36 feet; thence North 89 degrees 49 minutes 44 seconds East, 524.73 feet to the place of beginning containing 9.2 acres. Tax Parcel #15-26-377-001, vacant Barclay Circle property. WHEREAS, pursuant to Miscellaneous Resolution 00227 dated September 7, 2000, the Oakland County Board of Commissioners authorized appraisals of the subject property prepared by State Certified County staff; and WHEREAS, on February 27, 2001, a Purchase Agreement was reached between the County of Oakland (purchaser) and J.B.D. Acquisition Corporation (seller) for the purchase of the above described for a cash sale purchase price of $2,750,000. In addition to the purchase price, the seller will be reimbursed pre- development costs totaling $10,500 for a site survey, soil borings and storm water detention study. Planning & Building Committee vote: Motion carried on unanimous roll call vote with Palmer absent WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed all necessary agreements and documents and recommend the purchase of the above described 9.2 acre parcel. WHEREAS, The 2001 Capital Improvement Program includes funding for the purchase of property and construction of a new 52-3 District Courthouse to replace the existing undersized Courthouse; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and agrees to purchase the above described 9.2 acre office zoned property in accordance with the terms and conditions as set forth in the Purchase Agreement dated February 27, 2001 between the County of Oakland as purchaser and J.B.D. Acquisition Corporation, a Michigan Corporation, as seller for the cash purchase price of $2,750,000 plus an additional $10,500 for reimbursable expenses. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs it chairperson or its designee to execute all necessary documents for the purchase of the above described 9.2 acre office zoned parcel located in the City of Rochester Hills, known as parcel #15-26-377-001. BE IT FURTHER RESOLVED this Purchase Agreement is contingent upon receipt of acceptable soil sample reports. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PURCHASE AGREEMENT THIS AGREEMENT made and entered into this day of February, 2001, by and between JBD ACQUISITION CORPORATION, a Michigan corporation, or its designee whose business address is 33 Bloomfield Hills Parkway, Suite 100, Bloomfield Hills, Michigan 48304 (hereinafter "Seller") and the COUNTY OF OAKLAND, a Michigan Municipal and Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341 (hereinafter "Purchaser"), for the purchase of all right(s), title and interest in the real property, described below, located in the City of Rochester Hills, County of Oakland, State of Michigan, located near the intersection of Rochester and Auburn Roads (hereinafter the "Premises"); said Premises described as: Legal Description See Legal Description attached as Exhibit "A" Sidwell Number: 15-26-377-001 1. PURCHASE PRICE/CONSIDERATION Subject to the adjustments and prorations provided for in this Agreement, the purchase price of the Premises shall be Two Million Seven Hundred Fifty Thousand and 00/100 ($2,750,000.00) Dollars payable as follows: Earnest Money Deposit. Purchaser will tender to Seller upon Seller's acceptance of this Agreement a draft in the amount of Fifty Thousand and 00/100 ($50,000.00) Dollars which Seller acknowledges as good and sufficient Consideration for accepting this Purchase Agreement. Said deposit shall be held by Metropolitan Title Company, 1400 N. Woodward, Suite 135, Bloomfield Hills, Michigan 48304, in an interest bearing short term Certificate of Deposit or other interest bearing account. The deposit and the interest accrued shall be applied toward the purchase price at the time of closing or be disbursed to the Seller or the Purchaser in accordance with the terms of this Agreement. 1.2 Payment of Balance of Purchase Price. This is a cash sale. After applying the earnest money deposit and the accrued interest to the purchase price, the balance of the purchase price shall be wired by Purchaser to Seller at the time of closing. 1.3 The Oakland County Board of Commissioners shall have until March 8, 2001 to accept this Agreement on behalf of the County of Oakland. If the Oakland County Board of Commissioners does not accept this Agreement by March 8, 2001, then it shall be null and void and the earnest money deposit and any accrued interest shall 1.1 52nd District Court Land Acquisition ::0DMATCDOCS\DOCS\269516\3 Purchase Agreement 9/12/2000 Page 1 be returned to the Purchaser. Purchaser acknowledges that Seller currently has entered into a Purchase Agreement to acquire the Premises from the current owner of the Premises, and Seller's performance of the terms and conditions of this Agreement and Seller's obligation to convey the Premises to Purchaser in accordance with the terms and conditions hereof is subject to Seller obtaining title of the Premises or the agreement of New Plan Excel Realty Trust, Inc. to convey title to the Premises directly to Purchaser. 2. TITLE CONVEYED 2.1 Title to the Premises shall be conveyed at the Closing by Seller or its designee by a covenant deed conveying marketable title to the Premises and showing no exceptions except those exceptions to title identified in the Title Commitment delivered to Purchaser under paragraph four (4). The Seller shall pay for revenue stamps, notary fees, and transfer tax on the deed. Notwithstanding the foregoing, Purchaser acknowledges that Seller's interest as of the date hereof in the Premises as a Purchaser of the Premises under a real estate purchase agreement with New Plan Excel Realty Trust, Inc. and at Purchaser's option, Purchaser shall have the right to cause title to the Premises to be conveyed by a covenant deed as required above from New Plan Excel Realty Trust, Inc. to Purchaser. 2.2 Upon execution hereof, Seller agrees not to lease, assign, or grant a security interest or other lien that would encumber the Premises after closing, and Seller warrants that any assignment, security interest or other lien resulting from Seller's actions that would encumber the Premises and which are not disputed by Seller shall be satisfied out of the consideration transferred at the time of closing. 3. TITLE INSURANCE At Seller's expense, Seller has procured a commitment for an ALTA owner's form title insurance policy, a copy of which has been delivered by Seller to Purchaser, which policy will be marked up as of Closing, exclude the standard Schedule B exceptions, and be effective and certified through the date of recording of the title documents, in an amount not less than the purchase price, certified to a date later than the acceptance hereof and guaranteeing fee simple absolute title in an insurable and marketable condition as required under this Agreement. 4. TITLE OBJECTIONS INTENTIONALLY OMITTED. 52nd District Court Land Acquisition ::0DMA PC DOC S \ DOCS \ 269516 \ 3 Purchase Agreement 9/12/2000 Page 2 5. DUE DILIGENCE INVESTIGATIONS INTENTIONALLY OMITTED. 6. CLOSING, AND CLOSING DOCUMENTS. 6.1 If this offer is accepted by the Seller, and if Seller can convey title as agreed and can comply with all of contingencies of sale described herein, the Purchaser agrees to complete the sale on or before March 14, 2001, or such later date as Seller shall close on its acquisition of the Premises from New Plan Excel Realty Trust, Inc. 6.2 The Closing shall be held at the Offices of Metropolitan Title Company, 1400 N. Woodward, Suite 135, Bloomfield Hills, Michigan 48304, or any other mutually convenient location agreed upon by the parties. Purchaser, or the title company if Purchaser so elects, will prepare the necessary documents for signatures except as otherwise provided below. 6.3 Seller shall notify Purchaser in writing, twenty (20) days in advance of the Closing date, and Purchaser shall prepare and submit to Seller within ten (10) days of Closing all Closing documents required by Purchaser. Notwithstanding the foregoing, in the event Seller desires to restructure this transaction such that Purchaser will obtain a deed for the Premises directly from New Plan Excel Realty Trust, Inc., then, Seller shall provide Purchaser with copies of each of the closing documents within ten (10) days prior to closing. 6.4 At Closing, Seller will sign and deliver (or cause to be signed and delivered) a statutory form of a covenant deed conveying marketable, fee simple title to the Premises, pursuant to Michigan law in the condition required under this Agreement, with consideration stated in a separate Real Estate Transfer Valuation Affidavit or similar document, and a Non-Foreign Persons Affidavit, which documents will have also been reviewed and approved by Purchaser. 6.5 At Closing the Seller (or the current owner of the Premises) will sign an Affidavit of No Liens on the Title Company's standard form, sufficient to permit the Title Company to delete the standard Schedule B exceptions. 6.6 At Closing the Seller will sign a Certificate of Accuracy, regarding the Representations made by Seller in Paragraph 16. 6.7 The Seller and Purchaser will sign and/or prepare other documents necessary to complete the sale and transfer of the Premises. 52nd District Court Land Acquisition : :ODMA \ PCDOC S DOCS \ 269516 \ 3 Purchase Agreement 9/12/2000 Page 3 6.8 Seller will provide to Purchaser an accounting of all rents and fees (if any) that pertain to the Premises and were paid to Seller for periods that extend beyond the date of Closing, if any. Those rents that are for periods that extend beyond the date of Closing shall be prorated back to the date of Closing and Seller shall tender to Purchaser a cashiers check in the amount of those prorated rents, as well as for any other adjustments or charges as reflected by the Closing Statement. 6.9 At Closing, Purchaser shall reimburse Seller for the cost and expense of the following reports or studies: (a) A.L.T.A. topographical survey; (b) Geo-technical report; (c) Detention letter. The total amount for these items shall not exceed Ten Thousand Five Hundred and 00/100 ($10,500.00) Dollars. 6.10 Current real property taxes shall be prorated on the due date basis of the tax and authority on the basis of a three hundred sixty -five (365) day year; Seller shall be responsible for taxes up to and including the date of closing. 7. POSSESSION. Purchaser shall have possession of the Premises at the end of Closing. 8. ENVIRONMENTAL WARRANTY Seller represents and warrants, that, to the best of its present knowledge, without any independent inquiry, investigation or testing for Hazardous Materials or any other matter, and subject to any information contained in any environmental reports of the Premises obtained by Seller and delivered to Purchaser, that: 8.1 The Premises are free of Hazardous Materials to the extent that any such presence of Hazardous Materials would have a material adverse effect on the Premises. Hazardous Materials shall mean any hazardous or toxic substances, wastes or materials, or flammable explosives, including, without limitation, those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, the Resource Conservation and Recovery Act, Parts 20, 211, and 213 of the Natural Resources and Environmental Protection Act (NREPA), the Michigan Environmental Protection Act, and all rules, regulations and policies promulgated thereto (collectively "Environmental Laws"); and 52nd District Court Land Acquisition ::0DMATCD005 \DOCS \2695160 Purchase Agreement 9/12/2000 Page 4 8.2 Seller has not used the Premises for the purpose of disposing of, refining, generating, manufacturing, producing, storing, handling, treating, transferring, processing or transporting Hazardous Materials, except for the storage and handling of Hazardous Materials which are used in the ordinary course of the Seller's business and in a manner which storage and handling was and is in material compliance with those environmental laws described herein. 9. RIGHT OF ENTRY AND ACCESS While this Agreement is in effect, Purchaser and its employees and agents shall have the right to enter and access the Premises at reasonable times, with reasonable notice to the Seller, for the purpose of surveying, testing, environmental impact studies, site planning, and other such work as Purchaser deems necessary or desirable to determine the Premise's suitability for the conduct of Purchaser's business. However, in the event that this sale does not take place, then Purchaser, at its own expense, shall restore the Premises to substantially the same condition as exists on the date of this Agreement, to the extent such restoration is necessary due to Purchaser's actions. 10. DEFAULT OF SELLER. In the event Seller shall default in the performance of its obligations herein, the Purchaser may in its sole discretion, as its sole remedies, elect to: 10.1 Specifically enforce this Agreement and require specific performance of this contract by judicial decree if Seller has closed on its acquisition of the Premises and is the owner of the Premises; or 10.2 Demand a refund of the entire earnest money deposit, including accrued interest. Return of the deposit shall terminate this Agreement, unless Purchaser is elected to enforce this Agreement as provided in Section 10.1 above. 11. DEFAULT OF PURCHASER. In the event the Purchaser shall default in the performance of its obligations herein, Seller may, in its sole discretion, elect to: 11.1 Specifically enforce this Agreement and require specific performance of this contract; or 11.2 Declare that the Purchaser has forfeited all rights hereunder and retain the earnest money deposit, included accrued interest, as liquidated 52nd District Court Land Acquisition ::0DMA \ PCDOCS \ DOCS \ 269516 3 Purchase Agreement 9/12/2000 Page 5 damages. The retention of the earnest money deposit shall cancel this Agreement and be in full and final satisfaction of al claims that the Seller may bring unless Seller has elected to enforce this Agreement as provided above. 12. RISK OF LOSS No risk of loss shall pass to Purchaser prior to Closing. 13. DOCUMENTS TO BE FURNISHED BY SELLER. Upon signing this Purchase Agreement the Seller agrees to provide Purchaser with a certified copy of a Resolution of Seller accepting this Purchase Agreement and authorizing the sale of the Premises to Purchaser in accordance with the terms of this Agreement. 14. WARRANTIES BY THE SELLER. The Seller warrants to the Purchaser and shall certify to the Purchaser upon the execution of this Agreement as follows: 14.1 The Seller has full authority to enter into and perform this Agreement in accordance with its conditions, without breaching or defaulting on any obligation or commitment that the Seller has to any partners or third parties, and will provide Purchaser with any necessary documents and/or resolutions. 14.2 To Seller's actual knowledge, the legal description set forth in this Agreement is an accurate description of the Premises and does not include any adjacent or contiguous land owned by the Seller. 14.3 To Seller's actual knowledge, there are no leases, rights of first refusal, contracts, or other agreements of any kind with respect to the Premises entered into by Seller, which would impair the Purchaser's right to receive fee title absolute. 14.4 To Seller's actual knowledge, there are no lawsuits, actions, or proceedings pending, or, to the best of the Seller's knowledge, threatened by any party, including governmental authorities or agencies, against or involving the Premises which would effect the Seller's ability to convey the Premises. 14.6. The Seller has no notice or knowledge of: (1) any planned or commenced public improvements that 52nd District Court Land Acquisition : :ODMA \ PC DOC S \ DOC S \ 269516 \ 3 Purchase Agreement 9/12/2000 Page 6 might result in special assessments or otherwise directly and materially affect the Premises or the personal property; (2) any government agency or court order requiring corrections of any existing conditions; any request by an insurer or a mortgagee of the Premises requiring correction of any existing conditions. 14.7 Except as otherwise provided herein, neither Seller nor its agents, contractors or representatives have made any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, with respect to the Premises and Purchaser agrees to take the Premises on an "AS IS" basis. 15. WARRANTIES BY THE PURCHASER. 15.1 The Purchaser warrants to the Seller, and shall certify to the Seller at the Closing as follows: (1) The Purchaser is a Michigan Municipal and Constitutional Corporation. (2) The Purchaser has full authority and funding to enter into and perform this Agreement in accordance with its conditions, and will provide Seller with the pertinent resolutions which shall be attached hereto as Exhibit "B". 16. SURVIVAL OF THE WARRANTIES. The warranties of the Parties contained in this Purchase Agreement shall survive for two (2) years after Closing. 17. LIABILITY Seller shall be liable for and defend any and all alleged losses, claims, suits, causes of action, litigation, or other demands for damages of any kind, arising from Seller's actions or omissions during the period Seller is in control and possession of the Premises prior to the Closing, except those losses, claims, suits, causes of action, litigation, or other demands for damages, arising solely out of the acts of Purchaser or Purchaser's agent(s) while performing any surveys or due diligence inspections of the Premises prior to the Closing, and Seller shall (3) 52nd District Court Land Acquisition : :ODMA PCDOCS DOCS \ 269516 \ 3 Purchase Agreement 9/12/2000 Page 7 be responsible for paying any and all judgments, damages awarded, costs and expenses (including attorney fees and court costs) and any other liabilities that result from any such alleged losses, claims, suits, causes of action, litigation, or other demands for damages of any kind arising from Seller's actions or omissions during the period Seller is in control and possession of the Premises prior to the Closing, except as noted above in this paragraph. 18. BINDING EFFECT. 18.1 The covenants herein shall be binding upon and inure to the benefit of the administrators and governing body of the parties, as well as any successor administrators or successor governing bodies of the parties. 18.2 This agreement is not binding until executed by both parties. 19. CONDEMNATION. In the event of the institution or proposal of institution of condemnation proceedings prior to Closing, Purchaser shall have the option, in its sole discretion, to terminate this Agreement and receive back the earnest money deposit and any accrued interest, or proceed to Closing. If Purchaser proceeds to Closing, Seller shall assign to Purchaser any and all of Seller's rights to any award or future award pertaining to the Premises, or shall pay to Purchaser any actual payment or award made to Seller as a result of the institution or proposal to institute condemnation. 20. NOTICE. Any notice, request, demand, consent, approval or other communication given hereunder shall be in writing and shall be sent by registered or certified mail, return receipt requested, addressed to the other party at its address as set forth below: Seller: JBD Acquisition Corporation Attn: J. B. Davies, CPA 33 Bloomfield Hills Parkway, Suite 100 Bloomfield Hills, Michigan 48304 Purchaser: Michael Hughson County of Oakland Facilities Management 1 Public Works Dr. Waterford, Michigan 48328 52nd District Court Land Acquisition ::0DMA\PCDOCS \ DOC S\269516 \ 3 Purchase Agreement 9/12/2000 Page 8 Any party may, by notice given as aforesaid, change its address for any notice. Any notice by either party shall be sufficient if signed on behalf of said party by any elected or appointed official thereof. 21. TIME OF THE ESSENCE. Time is of the essence for this Agreement. 22. CHOICE OF LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan that are applied to contracts made and to be performed in this State. Venue for any disputes shall be the Oakland County Circuit Court, the Fiftieth District Court, or the United States District Court for the Eastern District of Michigan, unless this paragraph violates any provision of the Michigan Court Rules, or the United States Code. 23. ENTIRE AGREEMENT. This document contains the entire agreement of the parties and supersedes all prior agreements, oral or written, between them. It may not be modified, changed or altered unless reduced to writing and signed by each of the parties hereto. 24. TAX DEFERRED EXCHANGE (SECTION 1031). In the event, prior to Closing, Seller shall desire to restructure this transaction as a tax deferred exchange for property identified by Seller, pursuant to Section 1031 of the Internal Revenue Code, Purchaser, as an accommodation to Seller, shall enter into and execute any such documents as Seller may reasonably request; provided, however, that Purchaser shall not incur any additional costs, expense, risk or potential liability whatsoever on account thereof. (SIGNATURES ON NEXT PAGE) 52nd District Court Land Acquisition : : ODMA PCDOCS \ DOCS \ 269516 \ 3 Purchase Agreement 9/12/2000 Page 9 LocA.« 0. S,AA)i\s, (2_111(ot Date: WITNESSED BY: WITNESSED BY: PURCHASER: County of Oakland By: Frank H. Millard, Jr. Chairperson Date: Oakland County Board of Commissioners Seller's Acceptance The above offer is accepted by Seller, who agrees to be bound by all of the terms and conditions contained therein. 52nd District Court Land Acquisition : :ODMA \ PCDOCS \ DOCS \269516 3 Purchase Agreement 9/12/2000 Page 10 EXHIBIT "A" 9.20 Acre Parcel A parcel of land in the East 'A of the Southwest 3/4 of Section 26, T3N, R11E, City of Rochester Frills, Oakland County, Michigan, described as follows: Comme.nr.ing af the Southwest corner of said section; thence NOO°10'16"W 2075.00 feet along the West line -of said Section 26; thence N89°49'44"E 460.00 feet; thence NOO°10'16"W 243.07 feet; thence 158.69 feet along the arc of a 1813.00 foot radius non-tangential circular curve to the left, with chord bearing N80°59'17"E 158.64 feet; thence N78°28'50"E 200.00 feet; thence 94.69 feet along the arc of a 757.00 foot radius circular curve to the right, with chord bearing N82°03'50"E 94.63 feet; thence N85'38'50"E 200.00 feet; thence 1115.19 feet along the arc of a 757.00 foot radius circular curve to the right, with chord bearing S52 008'58"E 1017.05 feet for a PLACE OF BEGLNNLNO; thence continuing 242.36 feet along the arc of a. 757.00 foot radius circillAr curve to the right, with chord bearing S00°46'29"E 241.32 feet; thence S08°23'53"W 567.38 feet; thence S89°49'44"W 442.73 feet; thence NO0°10'16 1'W 80236 feet; thence N89°49'44"E 524.73 feet to the Place of Beginning, containing 9.20 acres of land, more or less, subject to the rights of the public over the Easterly portion of land occupied by Barclay Circle (86.00 feet wide), and subject to any easements, exceptions, conditions, or requirements, if any. 4-0 j 5-,9 5e2, 52nd District Court Land Acquisition ::0DMA \PCDOCS\DOCS1269516\3 Purchase Agreement 9/1212000 Page 11 EXHIBIT "B" JATTACH RESOLUTIONS] (TO BE ATTACHED BY PURCHASER) 52nd District Court Land Acquisition ::0DMA \ PCDOCS \ DOC S \ 269516 \ 3 Purchase Agreement 9/12/2000 Page 12 (2,760,500) 2,760,500 $ -0- FISCAL NOTE (MISC. #01077) March 8, 2001 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - RECOMMENDATION TO PURCHASE 9.2 ACRES OF PROPERTY TO ACCOMMODATE 52m DISTRICT COURT, THIRD DIVISION, LOCATED ON BARCLAY CIRCLE IN THE CITY OF ROCHESTER HILLS (TAX PARCEL #15-26-377-001) TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution approves the purchase of 9.2 acres of property in the City of Rochester Hills, identified as parcel #15-26-377-001, from J.B.D. Acquisition Corporation for the amount of $2,750,000 to accommodate the 52-3 District Court. 2. Oakland County will also reimburse the seller for pre- development costs totaling $10,500 for a site survey, soil borings, and a storm water detention study. 3. The FY 2001 Capital Improvement Program includes provision for the purchase of land for the 52-3 District Courthouse Project. 4. Funding in the amount of $2,760,500 is available for transfer from the FY 2001 Capital Improvement Program/Building Fund (#401) to the Project Work Order Fund (#404) for the land purchase and pre-development costs for the 52-3 District Courthouse Project. 5. The FY 2001 Budget is amended as follows: Building Improvement Fund #401 3-14-210006-10000-8001 Operating Transfer Out Project Work Order Fund #404 3-14-310007-80173-1701 Operating Transfer In 6. Should alternative funding be used to build this facility, a portion of that funding will be used to reimburse the Capital Improvement Plan for this expenditure. FINANCE COMMITTEE FINANCE COMMITTEE: Motion carried on a roll call vote with Friedman Appel voting no and Palmer and Taub absent. Resolution #01077 March 8, 2001 Moved by Palmer supported by Moffitt the resolution be adopted. Discussion followed. Moved by Moffitt supported by Taub the resolution be referred back to the Planning and Building Committee. Discussion followed. Commissioner Moffitt withdrew his motion to refer; Commissioner Taub withdrew her support. Vote on resolution: AYES: Garfield, Gregory, Law, Melton, Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Taub, Webster, Amos, Brian, Causey-Mitchell, Crawford, Dingeldey, Douglas, Galloway. (20) NAYS: McPherson, Suarez, Appel, Coleman. (4) A sufficient majority having voted therefor, the resolution, was adopted. I HEFIEr./ FOREGOING RE)S0).LIT 47/0, r111 Date L Brooks Patter, County Executive STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 8, 2001 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 8tjapday 24 March, 2001. G: William Caddell, County Clerk