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HomeMy WebLinkAboutResolutions - 2005.05.26 - 27935ING AND EilltMING COMMITTEE May 12, 2005 MISCELLANEOUS RESOLUTION # 05096 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH NEWBERRY PROPERTIES, LLC FOR USE OF PROPERTY AT 48150 GRAND RIVER AVE., NOVI, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland is responsible for providing courthouse facilities for all four divisions of the 52 nd District Court; and WHEREAS, the 52 nd District Court 1 st Division is presently housed in leased office space at 48150 Grand River Ave., Novi, Michigan; and WHEREAS, at the present time no adequate County owned facility exists, which would accommodate the Court's functions, and WHEREAS, the Department of Facilities Management and Newberry Properties, LLC have negotiated the terms and conditions of the attached Lease Agreement, which will allow the Court to continue to occupy the existing courthouse located at 48150 Grand River Ave. for an additional five year term with the option to extend the lease an additional five years, and WHEREAS, the term of the new lease shall commence on March 4, 2005 and expire on March 3, 2010. Rent for said term shall be at a rate of $17.68 per square foot or $38,062.25 monthly or $456,747 annually. WHEREAS, it is the recommendation of the Department of the Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease Agreement, and; WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Lease Agreement for use of office facilities at 48150 Grand River Ave., Novi, Michigan between the County of Oakland and Newberry Properties, LLC. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and Newberry Properties, LLC, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Planning & Building Committee Vote; Motion carried on a roll call vote with Gershenson voting No. Oakland County Department of Facilities Management 5/3/2005 Acceptance and Approval of Lease 52-1 District Courthouse Newberry Properties, LLC On January 11, 2005 pursuant to the rules and procedures of the Oakland County Board of Commissioners the Planning and Building Committee authorized the Department of Facilities Management to negotiate the terms of a new lease for the continued use of the existing 52-1 District Courthouse located at 48150 Grand River Avenue in the City of Novi. The present lease expired on March 3, 2005. Description of Facility The premises consist of a one -story 25,833 -sf building located on 4.74-acres. Terms and Conditions of Lease Term of lease: Five-year original term with option to extend for an additional five-years. Any extension beyond a second term shall be via a new agreement. Termination of Lease: The lease may be terminated if the responsibility of the court ceases to be a function of Oakland County. Landlord responsibilities: All maintenance of building and grounds inclusive of janitorial service, trash removal, snow and ice removal from sidewalks and parking lot. Oakland County responsibilities: Payment of rent, utilities and property taxes. Provide and maintain telephone and computer system. Commencement date: 3/4/2005. Costs per new agreement: $456,747 rent ± $53,135.00 est. property tax = $509,882.00. Owner/Landlord Property owner: Newberry Properties, LLC 1853 Rochester Industrial Court, Rochester Hills, MI 48309. Owners/Landlord: Richard Dryden and Dennis Keat. Recommendation It is the recommendation of the Department of Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Lease for the premises located at 48150 Grand River Avenue, Novi, Michigan, 48374 between the County of Oakland as tenant and Newberry Properties, LLC as Landlord. Mdh4/22/05 LEASE This Lease is made and entered into as of this M day of , 2005, by and between NEWBERRY PROPERTIES, LLC, chigan limited liability company, whose address is 1853 Rochester Industrial Court, 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 for use as a courthouse facility for the 52/1 District Court, those certain premises located at 48150 Grand River Avenue, Novi, Michigan, containing 25,833 square feet of office space, including the adjacent parking facilities and grounds, legally described on Exhibit A attached hereto and made a part hereof (hereinafter referred to as the "Premises"). 2. Term. The term of this Lease shall commence on March 4, 2005, and shall end on the date five (5) years after such commencement date (hereinafter referred to as the "Initial Term"). 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, Four Hundred Fifty-Six Thousand Seven Hundred Forty-Seven Dollars and 00/100's ($456,747.00) per year (based on the approximate rate of Seventeen Dollars and 68/100's Dollars ($17.68) per net square foot per year), which sum shall be payable by TENANT to LANDLORD in equal consecutive monthly installments of Thirty-Eight Thousand and Sixty-Two and 25/100's Dollars ($38,062.25), on or before the first day of each month, in advance, without any prior demand therefor and without any deductions or set-offs whatsoever. 4. Option to Extend for Second Term. LANDLORD hereby grants to TENANT the option to extend the Initial Term of this Lease for an additional five (5) year period (hereinafter referred to as the "Second Term"), said Second Term to commence on such date as the Initial Term ends, and said Second Term shall end on the date five (5) years after the Second Term commenced. All of the provisions of this Lease herein provided shall continue without modification during a Second Term except that during a Second Term of this Lease TENANT agrees to pay to LANDLORD, as fixed annual rent hereunder, an amount equal to Four Hundred Fifty-Six Thousand Seven Hundred Forty-Seven and 00/100's Dollars ($456,747.00) multiplied by the "CPI Fraction", as IssIsud-n124.doc hereinafter defined, but in any event, not less than Four Hundred Fifty-Six Thousand Seven Hundred Forty-Seven and 00/100's Dollars ($456,747.00) 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. TENANT shall notify LANDLORD in writing of its exercise of this option at least ninety (90) calendar days before the expiration of the Initial Term of this Lease. A new Lease agreement for a Second Term shall be unnecessary on such extension, this Lease constituting a present demise for both the Initial Term and any Second Term. 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 57th month after the commencement date of this Lease, 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 - Ann Arbor Region for all Urban Consumers, or any comparable substitute index in the event the Consumer Price Index is no longer published. 5. Partial Month Rent Proration. Should either the Initial Term or Second 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. 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 the TENANT holds over after the expiration of the original Term of this Lease without a written agreement between the LANDLORD and the TENANT, the holding-over shall be construed to be a tenancy from month-to- month. All of the provisions of this Lease herein provided shall continue without modification during the Hold Over period of this Lease, except that if TENANT holds over after the original term of this Lease TENANT agrees to pay to LANDLORD, as fixed monthly rent hereunder, an amount equal to Thirty Eight Thousand Sixty- Two Dollars and 25/100 ($38,062.25) multiplied by the "CPI Fraction", as defined in Paragraph 4 above calculated as of the 57th month after the commencement date of the Lease„ but in any event, not less than Thirty Eight Thousand Sixty-Two Dollars and \business\sud-n124.doc 2 25/100 ($38,062.25), which sum shall be payable by TENANT to LANDLORD monthly, on or before the first day of each month or any other date agreed upon by both Parties, in advance, without any prior demand therefor and without any deductions or set-off whatsoever. A new Lease agreement shall be unnecessary, this Agreement constituting a present demise for any Term or Holding- over of this Lease. In the event TENANT holds over after the expiration of the Second Term of this Lease without a written agreement between the LANDLORD and the TENANT, the holding-over shall be construed to be a tenancy from month-to-month. All of the provisions of this Lease herein provided shall continue without modification during the Hold Over period of this Lease, except that TENANT agrees to pay to LANDLORD, as fixed monthly rent hereunder, an amount equal to the monthly rent established for the Second Term multiplied by the "CPI Fraction", as defined in Paragraph 4 above calculated as of the 117th month after the commencement date of the Lease, but in any event, not less than the amount established for the Second Term which sum shall be payable by TENANT to LANDLORD monthly, on or before the first day of each month or any other date agreed upon by both Parties, in advance, without any prior demand therefor and without any deductions or set-off whatsoever. A new Lease agreement shall be unnecessary, this Agreement constituting a present demise for any Term or Holding- over of this Lease. 8. Extension Beyond Second Term. If TENANT desires to continue to lease the Premises after the expiration of the Second Term of this Lease, TENANT shall give LANDLORD written notice of such desire at least three (3) months prior to the expiration of the Second Term of this Lease; provided, however, that any such further extension of the term of this Lease shall be upon terms and conditions then acceptable to LANDLORD in its sole discretion. 9. Use and Occupancy. The Premises shall be used during any term of this Lease only as the 52/1 District Court and/or for municipal purposes for the State of Michigan. The Premises shall not be used in violation of any law, municipal ordinance of regulation. 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. ss\sud-n124.doc 3 11. Care of Premises. TENANT shall keep the Premises in good repair, wear and tear from reasonable use and damage by the elements excepted. If TENANT elects to continue the Lease into the Second Term, then LANDLORD agrees to (a) repaint interior walls of the Premises as needed and (b) either re-carpet or clean the existing carpet at the Premises at that time. 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 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. 13. 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. 14. Insurance. (a) LANDLORD shall maintain comprehensive general liability insurance with respect to the Premises, at its own expense, in at least the amount of One Million and 00/100 Dollars ($1,000,000.00) combined single limit coverage per occurrence. TENANT shall be an additional named insured on such policy. LANDLORD shall provide TENANT with an appropriate Certificate of Insurance evidencing such insurance coverage as aforesaid. TENANT has the right and obligation to self-insure with respect to comprehensive general liability for the Premises, in the amount of One Million and 00/100 Dollars ($1,000,000.00) combined single limit per occurrence, and also for fire and casualty covering TENANT'S contents therein. kbusiness\sud-n124.doc 4 (b) All Insurance Certificates of LANDLORD are to provide thirty (30) days notice of material change or cancellation. Certificates of Insurance and insurance binders must be provided no less than ten (10) working days before commencement of this Lease. (c) Mutual Waiver of Subrogation. With regard to the premises and/or contents, to the extent that a loss is covered by insurance or self-insurance of TENANT, the parties agree that the TENANT (his agents and/or employees) shall not be liable to the LANDLORD and the LANDLORD shall not be liable to the TENANT for any loss resulting directly or indirectly from fire, explosion, smoke damage, vehicle damage, aircraft damage, riot and civil commotion, vandalism and malicious mischief, or other similar event. 15. Repairs. LANDLORD shall maintain and keep in good repair the roof, ceilings, walls, floors, foundations, sidewalks, parking areas, exterior glass, heating and cooling systems at the Premises. 16. 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. 17. Security. TENANT hereby acknowledges that during any 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. 18. 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 ss\sucl-n124.doc 5 telephone number of TENANT'S representative who will provide LANDLORD with access to the Premises in emergency situations. 19. 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. 20. Assignment. The TENANT shall not assign, sublet or in any manner transfer this Lease or any estate or interest therein without the prior written consent of the LANDLORD, unless by statute the responsibility for the 52/1 District Court ceases to be a function for TENANT. Notwithstanding the foregoing, in the event the State of Michigan, by action of its legislature, takes over and assumes responsibility for the 52/1 District Court, or assigns, the responsibility for the Court to another governmental entity, TENANT may assign its interest in this Lease to the State of Michigan or other governmental entity, which shall in writing assume all of the liabilities and obligations of TENANT under this Lease. 21. Utilities. TENANT shall be solely responsible for and promptly pay all charges for water, gas, heat, electricity, telephone, sewer, and any other utility used 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. 22. 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. 23. 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 nonpayment 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 nonpayment of such taxes attaches. Taxes for the years in which any 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 any 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. tousiness\sud-n124.doc 6 24. Services. LANDLORD agrees to provide, at its own expense, and shall be responsible for all maintenance in the interior of the Premises, including window washing, plumbing, electrical system repairs, all custodial services, light bulb replacement, leaky faucets, clogged toilets, drain repairs, etc. LANDLORD is responsible, at its own expense for heating and cooling maintenance and repairs, trash removal, snow and ice removal from sidewalks, steps and parking areas, complete parking lot maintenance, lawn care and landscaping services, and trees. 25. 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, than either party hereto shall have the right to terminate this Lease by written notice to the other within thirty (30) days prior to the date 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. 26. 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 any term of this Lease or extension without hindrance or interruption by LANDLORD or any person acting by, through or under LANDLORD. 27. 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, by leasehold improvements at the Premises or TENANT'S interest in this Lease by reason of any act or omission of TENANT. 28. Modifications. This Lease may be modified or amended only by the written agreement of LANDLORD and TENANT. 29. Governing Law. This Lease shall be interpreted under and governed by the laws of the State of Michigan. 30. Severability. If any provisions of this Lease, or the application thereof, to any extent become invalid or unenforceable, the remainder of this Lease, or the application of ms\suci-n124.doc 7 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. 31. Waiver. One (1) or more waivers of any covenant, condition or agreement by LANDLORD or TENANT 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 or TENANT unless such waiver be in writing signed by LANDLORD or TENANT. 32. Entire Agreement. This Lease and any 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. 33. 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 or as otherwise provided for in this Lease. 34. 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. 35. 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 Landlord as set forth above. Addressed to the Tenant at Property Management Specialist, Oakland County, One Public Works Drive, Waterford, Michigan 48328. 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 this Lease. Any party may change its address for purposes of this Lease by giving the other party notice thereof in the manner herein provided for the giving of notices. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date and year first above written. 1business1sud-n124.doe 8 NEWBERRY PROPERTIES, LLC a Michigan limited liability company (LANDLORD) N., COUNTY OF OAKLAND, a Michigan constitutional corporation (TENANT) By: Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners STATE OF MICHIGAN ) SS COUNTY OF OAKLAND The foreoing instrument was acknowledged Wore me this /Zclay ofA.c-y k , 2005, by bek.O. on behalf of 'NEWBERRY ASSOCIATES, LLC, a Michiglan limited liability company. ( ' C_Apt_x_sL Notary Public, State of Mic- igan Oakland County My Commission Expires: 4-3-08 Acting in the County of Oakland aiRISTME M. CROWLEY - MARY PUBLIC OAKLAND en., r .4! COMPAiSSiON EXPI.- • - mstsud-n124.doc 9 STATE OF MICHIGAN ) ) SS COUNTY OF OAKLAND ) The foregoing instrument was acknowledged before me this day of , 2005, by Bill Bullard, Jr., Chairperson of the Board of Commissioners of the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, on behalf of the Corporation. Notary Public, State of Michigan Oakland County My Commission Expires: Acting in the County of Oakland ‘business1sud-n124.doc 1 0 EXHIBIT A Legal Description Parcel: 22-17-226-003 48150 Grand River Avenue Novi, Michigan Land situated in the City of Novi, Oakland County, Michigan: A parcel of land situated in the Northeast 1/4 of Section 17, T1N, R8E, City of Novi, Oakland County, Michigan, being more particularly described as follows: Commencing at the North 1/4 corner of Section 17, T1N, R8E, City of Novi, Oakland County, Michigan and proceeding along the North and South 1/4 line of said Section 17, 502 °46'41"E 382.13-ft. to the point of beginning; thence S73 °26'47"E 692.00-ft.; thence S16 °33'03"W 325.00-ft. to a point on the Northerly right of way line of Grand River Ave. (100-ft. wide); thence along said Northerly right of way line N73 °26'47"W 578.00-ft. to a point on the North and South 1/4 line of said Section 17; thence along the North and South 1/4 line of said Section 17, NO2 °46 1 41"W 344.42-ft. to the point of beginning. sMsud-n124.doc 11 FISCAL NOTE (MISC. 105096) • May 26, 2005 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH NEWBERRY PROPERTIES, LLC FOR USE OF PROPERTY AT 48150 GRAND RIVER AVE., NOVI, MICHIGAN 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 authorizes a five (5) year lease agreement extension, between the Department of Facilities Management and landlord Newberry Properties, LLC., with an option to extend the lease an additional five (5) years. 2. The leased space is located at 48150 Grand River Ave., in Novi, Michigan for the operation of the 52-1 Novi District Court. 3. The term of the new lease shall commence on March 4, 2005 and expire on March 3, 2010, with rent for said term set at a rate of $17.68 per square foot or $38,062.25 monthly or $456,747 annually. 4. In addition, estimated property tax is increased to $53,135 per year, for a total cost of $509,882 annually. 5. The increase in Rent and Property Tax will be included in the FY 2006 and FY 2007 Executive Recommended Budget. 6. An amendment to the 52-1 Novi District Court budget is recommended for FY 2005 as follows: Fund 101 General Fund 52/1 District Court - Expenditures 2-32-201200-20001-3476 Rent 2-32-201200-20001-3360 Property Tax FY 2005 $60,882 4,579 $65,461 Non-Departmental - Expenditure 2-90-290000-25000-2564 Contingency (65,461) Total General Fund 0 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Melton, Crawford and Woodward absent. Resolution #05096 May 12, 2005 The Chairperson referred the resolution to the Finance Committee. There were no objections. OM. Resolution #05096 May 26, 2005 Moved by Long supported by Suarez the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coulter, Crawford, Douglas, Gershenson, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Scott, Suarez, Wilson, Woodward, Zack, Bullard. (19) NAYS: None, (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). I NM !PROVE WOE STATE OF MICHIGAN) °044(11 • COUNTY OF OAKLAND) I, Ruth Johnson, 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 May 26, 2005 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 26th day of May, 2005. Ruth Johnson, County Clerk *tiumak-e