HomeMy WebLinkAboutResolutions - 2026.05.21 - 42976
AGENDA ITEM: Purchase of 48150 Grand River Ave., Novi, MI for the Operations of the 52-1
District Court
DEPARTMENT: Facilities Management
MEETING: Board of Commissioners
DATE: Thursday, May 21, 2026 9:30 AM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2026-6548 _ 26-20
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Real Estate Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
Oakland County (County) has been leasing a 25,833 square foot facility located at 48150 Grand
River Avenue, Novi, Michigan on approximately 4.74 acres site having approximately 246 parking
spaces (gated for court employees and public use) for the 52-1 District Court (Property). In 2024,
the County renewed its lease for a period of ten years (June 2024 to May 2034) with two, five-year
extensions (June 2034 to May 2039 and June 2039 to May 2044). In the lease, the Landlord will
fund a tenant improvement allowance (TIA) of $150,000 which would be limited to an amount of
$50,000 in any single Lease Year (approximately $44,425 of TIA remains). The County is
responsible for property taxes, utilities and a majority of the property maintenance and operational
expenses. The table below provides these actual expenses for FY2025 and budgeted increases for
rent (2.0%), property taxes (3.0%), and maintenance and utilities (each at 5.0%).
FY Rent
Proper
ty
Taxes
Maintena
nce
Utiliti
es Total
202
5
$423,1
25
$81,98
5
$91,350 $75,8
25
$672,2
85
202
6
$431,5
88
$84,44
5
$95,918 $79,6
16
$691,5
67
202
7
$440,2
20
$86,97
8
$100,714 $83,5
97
$711,5
09
202
8
$449,0
24
$89,58
7
$105,750 $87,7
77
$732,1
38
The remaining rent payments for the last 18 Lease Years (June 2026 to May 2044) is $9,363,822 or
an average of $520,212 per year or $43,351 per month.
In November, 2025, the Landlord listed the Property for $5,836,000. After receiving approval from
the Economic Development and Infrastructure Committee on March 25, 2026 to begin the
negotiation to purchase the Property, the County’s Administration is presenting a Purchase
Agreement for the Property to reduce its cost.
Using the Purchase Price ($5,675,000) less any unused TIA (~$44,425) for a net purchase price
($5,630,575), the level, annual debt service at 4.25% for a period of eighteen (18) years [match the
remaining term of the lease] would be $453,863 or $37,822 per month.
The total, estimated savings to the County of $3,230,832 would be comprised of the difference
between the remaining rent payments for the next 18 years ($9,363,822) less the debt service
($8,169,528) or $1,194,294 PLUS the estimated savings of not paying property taxes for the same
period $2,036,538.
POLICY ANALYSIS
The proposed funding request of $5.8 million facilitates the acquisition of the 52-1 District Court
property, covering the $5,630,575 net purchase price along with approximately $170,000 in ancillary
expenses. These additional funds are allocated for due diligence (e.g. appraisals, environmental
reports, and site assessments) as well as closing costs such as title insurance and administrative
fees.
The acquisition of the 52-1 District Court property marks a strategic transition for Oakland County
from a tenant-based operational model to a long-term asset ownership strategy. By purchasing the
25,833 square foot facility for a net price of $5,630,575, the County effectively leverages its tax-
exempt status to eliminate more than $2 million in projected property tax obligations over the next
18 years. This tax avoidance, combined with a favorable financing structure, transforms what was
once a mandatory recurring expense into a path toward full equity.
This purchase essentially allows the County to secure its judicial infrastructure at a lower monthly
cost than its current lease while simultaneously removing the unpredictability of future lease
renewals.
Beyond the immediate fiscal relief, ownership provides the County with total autonomy over the
25,833 square foot site. This eliminates the need for landlord approvals for renovations or
expansions and protects the public’s access to a known, established location. While the County will
now assume full responsibility for major capital repairs and long-term maintenance, the substantial
savings and the accumulation of real estate equity provide a significant buffer against these
liabilities. Ultimately, this transaction is a fiscally prudent move that optimizes the County’s budget
and secures a critical public asset for the next two decades and beyond.
Oakland County intends to issue bonds to reimburse Oakland County for or pay a portion of the
costs of acquiring the Property or equipment and making necessary capital improvements.
FISCAL IMPACT: Budget Amendment Attached
Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at
248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional
information.
CONTACT
Edward Joss, Director Facilities Management-APP
Brian Lefler, Chief Financial Officer
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 5/22/2026
David Woodward, Board of Commissioners Approved - 5/22/2026
David Coulter, Executive's Office Approved - 5/26/2026
Lisa Brown, Clerk/Register of Deeds Final Approval - 5/26/2026
AGENDA DEADLINE: 05/07/2026 4:30 PM
ATTACHMENTS
1. FM - 2026-6548 Purchase of 48150 Grand River Ave for Novi District Court - Schedule A
2. Purchase Agreement 48150 Grand River Ave (Final - Executed Version 04-29-26)
COMMITTEE TRACKING
2026-05-13 Economic Development & Infrastructure - Forward to Finance
2026-05-13 Finance - Recommend to Board
2026-05-21 Full Board - Adopt
Motioned by: Commissioner Michael Gingell
Seconded by: Commissioner Penny Luebs
Yes: Ann Erickson Gault, Michael Gingell, Marcia Gershenson, Robert Hoffman, Karen Joliat,
Christine Long, Penny Luebs, Gwen Markham, William Miller III, Kristen Nelson, Angela Powell,
Robert Smiley, Yolanda Smith Charles, Michael Spisz, Linnie Taylor, Philip Weipert, David
Woodward (17)
No: Charles Cavell (1)
Abstain: None (0)
Absent: Brendan Johnson (1)
Passed
May 21, 2026
RESOLUTION #2026-6548 _ 26-20
Sponsored By: Yolanda Smith Charles
Facilities Management - Purchase of 48150 Grand River Ave., Novi, MI for the Operations of
the 52-1 District Court
Chair and Members of the Board:
WHEREAS Oakland County currently leases a 25,833 square foot facility located at 48150 Grand
River Avenue in Novi, Michigan (the “Property”) for the operations of the 52-1 District Court; and
WHEREAS the owner listed the Property for sale; and
WHEREAS the Department of Facilities Management with the assistance of Corporation Counsel has
negotiated the terms and conditions of the attached Purchase Agreement; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed
and/or prepared all necessary documents related to the attached Purchase Agreement and
recommend its approval; and
WHEREAS the Department of Facilities Management recommends that the Board of Commissioners
approve the attached Purchase Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
the attached Purchase Agreement and directs its Chair to execute such Purchase Agreement and
further authorizes the Director of Facilities Management or their designee to sign the closing
documents and all other documents needed to effectuate the purchase by and transfer of the
Property to Oakland County.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes an
appropriation not to exceed Five Million Eight Hundred Thousand Dollars ($5,800,000) from the
Strategic Investment Plan (GL383554) to the appropriate fund to facilitate the purchase of the
Property.
BE IT FURTHER RESOLVED that Oakland County intends to issue bonds to reimburse Oakland
County for or pay a portion of the costs of acquiring the Property or equipment and making necessary
capital improvements, and makes the following declarations for the purpose of complying with the
reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code of 1986, as
amended:
a. Oakland County reasonably expects to reimburse itself with proceeds of the bonds for certain
costs of the Property and related capital improvements to the Property, including eligible soft
costs, which were paid or will be paid from funds of Oakland County subsequent to sixty (60)
days prior to today.
b. The maximum principal amount of debt expected to be issued for the acquisition of the
Property, including issuance costs, is $5,800,000.
c. A reimbursement allocation of the capital expenditures described above with the proceeds of
the bonds will occur not later than 18 months after the later of (i) the date on which the
expenditure is paid, or (ii) the date the renovated project is placed in service or abandoned, but
in no event more than three (3) years after the original expenditure is paid. A reimbursement
allocation is an allocation in writing that evidences Oakland County’s use of the proceeds of
the bonds to reimburse Oakland County for a capital expenditure made pursuant to this
resolution.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith
Charles.
Date: May 22, 2026
David Woodward, Commissioner
Date: May 26, 2026
David Coulter, Oakland County Executive
Date: May 26, 2026
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2026-05-13 Economic Development & Infrastructure - Forward to Finance
2026-05-13 Finance - Recommend to Board
2026-05-21 Full Board - Adopt
Motioned by Commissioner Michael Gingell seconded by Commissioner Penny Luebs to adopt the
attached Real Estate: Purchase of 48150 Grand River Ave., Novi, MI for the Operations of the 52-1
District Court.
Yes: Ann Erickson Gault, Michael Gingell, Marcia Gershenson, Robert Hoffman, Karen Joliat,
Christine Long, Penny Luebs, Gwen Markham, William Miller III, Kristen Nelson, Angela Powell,
Robert Smiley, Yolanda Smith Charles, Michael Spisz, Linnie Taylor, Philip Weipert, David
Woodward (17)
No: Charles Cavell (1)
Abstain: None (0)
Absent: Brendan Johnson (1)
Passed
ATTACHMENTS
1. FM - 2026-6548 Purchase of 48150 Grand River Ave for Novi District Court - Schedule A
2. Purchase Agreement 48150 Grand River Ave (Final - Executed Version 04-29-26)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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
21, 2026, 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 Circuit Court at
Pontiac, Michigan on Thursday, May 21, 2026.
Lisa Brown, Oakland County Clerk / Register of Deeds
Oakland County, Michigan
Facilities Management - 2026-6548 Purchase of 48150 Grand River Ave, Novi, MI for the Operations of the 52-1 District Court
Schedule "A" DETAIL
R/E Fund Name Division Name
Fund #
(FND)Cost Center (CCN) #
Account #
(RC/SC)
Program #
(PRG)
Grant ID
(GRN) #
Project ID
# (PROJ)
Region
(REG)
Budget
Fund
Affiliate
(BFA)
Ledger
Account
Summary Account Title
FY 2026
Amendment
FY 2027
Amendment
FY 2028
Amendment
R General Fund Non Departmental Operations FND10100 CCN9010101 RC665882 PRG196030 665882 Planned Use of Fund Balance $5,800,000.00 $- $-
Total Revenues $5,800,000.00 $- $-
E General Fund Non Departmental Operations FND10100 CCN9010101 SC788001 PRG196030 BFA42120 788001 Transfers Out $5,800,000.00 $- $-
Total Expenditures $5,800,000.00 $- $-
R County Improvement Projects Non Departmental Operations FND42120 CCN9010101 RC695500 PRG196030 BFA10100 695500 Transfers In $5,800,000.00 $- $-
Total Revenues $5,800,000.00 $- $-
E County Improvement Projects Non Departmental Operations FND42120 CCN9010101 SC760056 PRG196030 760000 Building Acquisitions $5,800,000.00 $- $-
Total Expenditures $5,800,000.00 $- $-
PURCHASE AGREEMENT FOR
48150 GRAND RIVER A VENUE, NOVI, MICHIGAN
THIS PURCHASE AGREEMENT ("Agreement") is made and entered by and between NOVI
INVESTMENT PARTNERS LLC, a Massachusetts limited liability company 232 Summit
Avenue, Suite 103, Brookline, MA 02446 ("Seller") and the COUNTY OF OAKLAND, a
Constitutional and Municipal Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341
("Purchaser") for the purchase of real property and the building, and structures located thereon,
located at 48150 Grand River A venue, Novi, Michigan with a parcel identification number of 22-
17-226-003, which is specifically described and depicted in Exhibit A ("Premises"), including all
rights, title, interests, mineral rights or mineral royalty interest in the Premises, if any. Exhibit A
is fully incorporated into this Agreement. In consideration of the mutual covenants and agreements
contained herein, receipt of which is acknowledged by the Parties, the Parties agree as follows:
1.PURCHASE PRICE/DEPOSIT/OTHER COSTS OR FEES.
1.1. Property Transferred. Seller shall sell and Purchaser shall purchase the Premises,
subject to the terms and conditions of this Agreement.
1.2. Purchase Price. Subject to the adjustments and prorations provided for in this
Agreement, the purchase price of the Premises is Five Million Six Hundred
Seventy-Five Thousand Dollars and No Cents ($5,675,000.00) ("Purchase Price")
payable as set forth in this Agreement.
1.3. Effective Date. This Agreement shall be effective on the date it is fully executed
by the Parties ("Effective Date").
1.4. Earnest Money Deposit. Within ten ( 10) calendar days after the Effective Date,
Purchaser shall deposit with AT A National Title Group/Seaver Title, 42651
Woodward Avenue, Bloomfield Hills, MI, 48304 (the "Title Company") One
Hundred Fifty Thousand Dollars and No Cents ($150,000.00) ("Deposit"). The
Deposit shall be held in a non-interest-bearing account. The Deposit shall be
applied toward the Purchase Price at the time of Closing, if the sale is
consummated, or shall be disbursed to Seller or Purchaser in accordance with the
terms of this Agreement. Notwithstanding any provision in this Agreement to the
contrary, upon the expiration of the Inspection Period, the Deposit shall become
non-refundable to Purchaser (except in the event of a default by Seller under this
Agreement) and shall be released to Seller upon written demand.
1.5. Payment of Balance of Purchase Price. This is a cash sale. At the time of Closing,
after applying the Deposit, the balance of the Purchase Price minus any costs
adjusted at Closing shall be wired by Purchaser to the Title Company.
1.6 Broker's Fee. Seller shall pay a total brokerage commission equal to four percent
(4.0%) of the Purchase Price at Closing. Said commission will be split equally, with
COUNTY PURCHASE AGREEMENT (Final Version)
48150GRAND RIVER AVENUE, NOVI, MICHIGAN
two percent (2.0%) payable to Newmark (Seller's Broker) and two percent (2.0%) payable to NAI Farbman (Purchaser's broker). Seller and Purchaser warrant that, except for Seller's Broker and Purchaser's Broker, they have not dealt with any real estate broker or salesperson with regard to this transaction.
2.TITLE CONVEYED.
2.1. Form of Conveyance. At Closing, Seller shall convey fee simple, marketable title
to the Premises to Purchaser by covenant deed showing no exceptions, except for
the "Permitted Exceptions" (as defined in Section 4). The Premises shall include
all tenements, hereditaments, privileges and appurtenances owned by the Seller and
belonging or in any way appertaining to the Premises including the
following: (1) all future land division rights (2) all right, title and interest of Seller
in any street, road or avenue, open or proposed, in front of or adjoining the
Premises, or any part thereof, to the centerline thereof, if any(3) all water, air,
riparian and mineral rights, if any (4) the use of appurtenant easements, whether or
not of record, strips and rights of way abutting, adjacent, contiguous or adjoining
the Premises, if any and (5) all assignable licenses, franchises, rights and
governmental or other permits, authorizations, consents and approvals, which are
necessary to own and/or operate the Premises, to the extent that the same are legally
assignable .. The Premises shall also include the rights of Seller under any express
or implied guaranties, warranties, indemnifications and other rights, if any, which
Seller may have against suppliers, laborers, materialmen, contractors or
subcontractors arising out of or in connection with the installation, construction and
maintenance of the improvements, fixtures and personal property on or about the
Premises.
2.2. Encumbrances. After Seller executes this Agreement and until the Closing Date or
this Agreement is terminated, Seller shall not lease, assign, or grant a security
interest or other lien that would encumber the Premises after the Closing Date,
unless approved in writing by Purchaser. Seller warrants that any lease, assignment,
security interest or other lien that encumbers or would encumber the Premises shall
be terminated prior to the Closing Date or satisfied out of the consideration
transferred at the time of Closing.
3.TITLE INSURANCE.
3 .1. Within ten (1 O} calendar days of the Effective Date, Seller shall obtain from the
Title Company and deliver to Purchaser, a commitment for an ALT A Owner's
Policy of Title Insurance in the amount of the total purchase price (the
"Commitment"). The Commitment shall be issued by the Title Company, without
standard exceptions subject to the Purchaser obtaining a "New Survey" in
accordance with Section 5.2 herein(otherwise the Owner's Policy will be "with
standard exceptions"), and shall bear a date later than the Effective Date, wherein
2
COUNTY PURCHASE AGREEMENT (Fin al Version )
48150 GRAND RIVER AVENUE, NOVI, MICHIGAN
4.
the Title Company is to insure the title to the Premises in the condition required
herein.
3.2. At the time of Closing, Seller shall order and have a Policy of Title Insurance issued
(in the name of Purchaser) pursuant to the Commitment.
3.3. The cost of the Commitment and the Policy of Title Insurance shall be paid for by
Seller, and the Purchaser shall pay the cost of the New Survey and any
endorsements.
3.4. Seller agrees to execute a standard form Owner's Affidavit at the Closing to assist
in the Purchaser's efforts to obtain coverage without standard exceptions subject to
the Purchaser obtaining a New Survey in accordance with Section 5.2 herein
(otherwise the Owner's Policy will be "with standard exceptions"). In addition to
the representations and warranties contained in said Owner's Affidavit, Seller
agrees to execute an affidavit indicating the following: ( 1) Seller is not on notice,
whether actual or anticipated notice, of any pending claims against Seller that
would affect the sale of the Premises, and (2) there are no court orders prohibiting
the sale of the Premises.
TITLE OBJECTIONS.
4.1. Purchaser shall have fifteen (15) calendar days after receipt of the Commitment to
object to the condition of the title, based upon written opinion of Purchaser's
attorney, that the title is not marketable or that the Premises are not suitable for
Purchaser's intended use (collectively "Title Defects"). If Purchaser fails to make
any objections on or before the fifteen (15) day period, Purchaser shall be deemed
to have accepted all exceptions to the Commitment and all said items shall be
deemed a Permitted Exception for all purposes hereunder.
4.2. Upon written notice to Seller that, in the opinion of Purchaser's attorney, there are
Title Defects, Seller shall have thirty (30) calendar days from the date Seller is
notified of such defect(s) to do either of the following, at Seller's 's sole option:
(1)remedy the Title Defects to Purchaser's satisfaction at Seller's sole cost or
(2)obtain, at Seller's sole cost, a substitute commitment for title insurance insuring,
in a manner satisfactory to Purchaser, Purchaser's title against such Title Defects,
or (3) notify Purchaser that Seller is unwilling to remedy said Title Defects.
4.3. If Seller fails to remedy the Title Defects or obtain a substitute commitment for title
insurance within said period, Purchaser may do any of the following, at its sole
option: (1) waive the claimed Title Defects and close subject to same, (2) defer the
Closing Date until such time as the claimed Title Defects can be remedied, if such
defects can be remedied in a reasonable time, or (3) terminate this Agreement and
receive a full refund of the Deposit and neither Seller nor Purchaser shall have any
further duties or obligations under this Agreement except those that expressly
survive a termination of this Agreement.
3
COUNTY PURCHASE AGREEMENT (Final Version)
48150 GRAND RIVER AVENUE, NOVI, MICHIGAN
4.4. If Seller remedies the Title Defects or obtains a title policy within the time period
and Purchaser does not elect to terminate this Agreement, Purchaser shall complete
the sale of the Premises within fifteen (15) calendar days of written notification
thereof, but no sooner than the Closing Date specified herein.
4.5. For all purposes under this Agreement, all matters appearing on the Commitment
and the New Survey which are not timely objected to by Purchaser in accordance
with this Agreement shall be deemed "Permitted Exceptions."
5.INSPECTION PERIOD AND DUE DILIGENCE INVESTIGATIONS.
5.1. Inspection Period and Due Diligence Investigation/Examination. Purchaser shall
have forty-five (45) calendar days from the Effective Date ("Inspection Period") to
conduct due diligence property investigations/examinations at Purchaser's sole cost
and expense, including but not limited to the following: ( 1) physical inspections,
(2)testing of all aspects of the Premises, (3) above and below ground
environmental assessments, (4) building inspections, (5) review of easements and
restrictions of record, (6) investigation of availability and condition of utility/sewer
services, (7) review of any existing service agreements, (8) review of any
applicable zoning, building and use restriction, and (9) other examinations as
Purchaser may deem necessary. Purchaser, in its sole discretion, may decrease the
number of days in the Inspection Period by providing written notice to Seller. A
modification of the days in the Inspection Period, under this Section, shall be
approved and executed by the Oakland County Board of Commissioners
Chairperson.
5.2. Survey. Purchaser shall, at its expense, have ten (10) business days from the
Effective Date to obtain an ALT A/ ACSM boundary survey of the Premises ("New
Survey"). Purchaser shall have fifteen ( 15) calendar days from the receipt of the
New Survey to determine if it matches the Premises described in Exhibit A. If in
the written opinion of Purchaser's attorney, the New Survey does not match the
Premises described in Exhibit A, Seller (at its sole cost) shall have thirty (30)
calendar days from the date Seller is notified, in writing, of the particular defect(s),
in which to attempt to remedy the defects to Purchaser's satisfaction. If Seller fails
to or cannot remedy the defects, Purchaser may do any of the following, at its sole
option: (1) waive the defects and close subject to same, or (2) terminate this
Agreement. If Seller remedies the defects and Purchaser does not elect to terminate
the Agreement, then Purchaser shall complete the sale of the Premises within fifteen
( 15)calendar days of written notification thereof, but no sooner than the Cl osing
Date specified herein. If Purchaser terminates this Agreement pursuant to this
Section, it shall receive a full refund of the Deposit.
5.3. Phase I Environmental Assessment.
4
COUNTY PURCHASE AGREEMENT (Final Version)
48150 GRAND RIVER A VENUE, NOVI, MICHIGAN
5.3.1. Purchaser shall, at its sole expense, obtain a Phase I Environmental Site
Assessment ("Phase I") performed consistent with applicable ASTM
standards within the Inspection Period.
5.3.2. If Purchaser is not satisfied with the results of the Phase I, for any reason,
then Purchaser may terminate this Agreement and receive a full refund of
the Deposit. If the Phase I identifies any adverse environmental conditions
or one or more Recognized Environmental Conditions (as defined under
ASTM E 1527-21) on the Premises, Purchaser may, at its sole option and
cost, commission a Phase II Environmental Site Assessment ("Phase II")
in response to such finding(s) in lieu of termination. Purchaser shall notify
Seller within ten (10) calendar days after receipt of the Phase I if it elects
to terminate this Agreement for environmental reasons or perform a Phase
II.
5.3.3. If the Phase I identifies any adverse environmental conditions or one or
more Recognized Environmental Conditions (as defined under ASTM
El 527-21) on the Premises and Purchaser elects to perform a Phase II in
response to such finding(s), then the Inspection Period shall automatically
extend for another sixty (60) calendar days from the date Purchaser
notified Seller of such election. Purchaser shall deliver a copy of the Phase
I to Seller concurrently with such notice. If Purchaser is not satisfied with
the results of the Phase II, for any reason, then Purchaser may terminate
this Agreement and receive a full refund of the Deposit.
5.3.4. If Purchaser fails to terminate this Agreement on or before 11 :59pm
eastern time on the last day of the Inspection Period, as may be extended
pursuant to Section 5.3.3, then, except in the event of Seller's default, the
Deposit shall become non-refundable to Purchaser, but shall be applicable
to the Purchase Price at Closing.
5.4. Purchaser may perform any other investigations during the Inspection Period that
it, in its sole discretion, shall deem appropriate.
5.5. Seller shall, no later than five (5) calendar days after the Effective Date, tum over
to Purchaser copies of the following documents and information to the extent Seller
has related to the Premises in its possession: environmental reports, surveys,
building floor plans, easements, deed restrictions, and past title commitments.
Should Seller delay in turning over the above-referenced documents/information,
then the Inspection Period shall extend one day for each day such
documents/information is not turned over to Purchaser. Purchaser acknowledges
and agrees that all documentation and information delivered to Purchaser by Seller
shall be returned promptly to Seller if the transaction herein contemplated is not
consummated. Except as provided or permitted by law, all non-public information
provided by Seller to Purchaser under this Section will be treated by Purchaser as
confidential and shall not be disclosed to any parties, except for Purchaser's agents,
5
COUNTY PURCHASE AGREEMENT Fin al Version )
48150 GRAND RIVER A VENUE, NOVI, MICHIGAN
6.
employees, potential investors, potential lenders, accountants and attorneys unless
compelled to do so under legal process.
5.6. Nothing in this Agreement will prohibit the Parties from modifying or extending
the Closing Date if such changes are necessary based upon the due diligence
property investigations. Such modification or extension must be in writing and
signed by both Parties. For Purchaser, a modification or extension under this
Section shall be approved and executed by the Oakland County Board of
Commissioners Chai rperson.
5.7. Notwithstanding any other provision in this Agreement, prior to the expiration of
the Inspection Period, Purchaser may terminate this Agreement, in its sole
discretion, by giving written notice to Seller that it is not satisfied with the condition
of the Premises, as evidenced by the due diligence investigations. If Purchaser
terminates this Agreement pursuant to this Section, Purchaser shall be entitled to a
full refund of the Deposit and neither Seller nor Purchaser shall have any further
duties or obligations under this Agreement except those that expressly survive a
termination of this Agreement.
5.8 All Due Diligence shall be conducted at Purchaser's sole cost and expense.
Purchaser hereby covenants and agrees that it shall cause all studies, investigations
and inspections performed at the Premises pursuant to this Agreement to be
performed in a manner that does not disturb the Premises. Further, if the Premises
is damaged in any way in connection with Purchaser's exercise of its rights under
this Agreement, Purchaser hereby covenants and agrees to promptly repair any
damage and restore the Premises to its condition immediately prior to such
activities at Purchaser's sole cost and expense. All of the obligations of Purchaser
under this Section 5.8 shall survive both the consummation of the sale contemplated
hereunder and any earlier termination of this Agreement.
5.9 This Agreement is contingent upon the due diligence investigations and requirements
set forth in this Section.
CLOSING, AND CLOSING DOCUMENTS.
6.1. If this offer is accepted by Seller and the Oakland County Board of Commissioners
and if Seller can convey fee simple, marketable title and comply with all of
contingencies set forth in this Agreement, then Purchaser shall complete the sale
within fifteen (15) calendar days of the expiration of the Inspection Period
("Closing Date" or "Closing").
6.2. The Closing shall be held at the offices of the Title Company. The Title Company
will prepare the necessary documents for signatures.
6
COUNTY PURCHASE AGREEMENT (Fin al Version
48 I 50 GRANO RIVER A VENUE, NOVI, MICHIGAN
6.3. Seller, at least five (5) calendar days prior to the Closing Date, shall submit to
Purchaser all closing documents required for this sale.
6.4. Seller shall sign and deliver at Closing, a statutory form Covenant Deed conveying
fee simple, marketable title to the Premises and warranting that Seller has not sold
or encumbered the Premises during Seller's period of ownership, inclusive of all
minerals rights or royalties, if any, (pursuant to Michigan law) in the condition
required by this Agreement, subject to the Permitted Exceptions, and a Non
Foreign Persons Affidavit.
6.5. All financial encumbrances upon the Premises shall be paid and discharged by
Seller prior to the Closing Date or shall be paid and discharged by the Seller at
Closing. Upon the request of Purchaser, Seller shall provide written documentation
that all financial encumbrances shall be discharged at Closing.
6.6. Seller will pay the cost of the Owner's Policy (excluding expenses for issuing the
New Survey and any Endorsements), the fees of Seller's attorney, all documentary
and state, county and municipal property transfer taxes relating to the instruments
of conveyance contemplated herein, all Broker commissions and one-half(½) of
the cost of any Title Company escrow, closing or document preparation fees
hereunder. Purchaser shall pay for the cost of the New Survey, any endorsements
to the Owner's Policy, the fees for recording of the Covenant Deed, all fees and
costs associated with Purchaser's due diligence, the fees for Purchaser's attorney,
and one-half(½) of the cost of any Title Company escrow, closing or document
preparation fees hereunder.
6.7. At the Closing, Seller will sign an Owner's Affidavit on the Title Company's
standard form, suffi cient to permit the Title Company to delete the standard
Schedule B exceptions, subject to the Purchaser obtaining a New Survey.
6.8. At the Closing, Seller will sign a Certificate of Accuracy, regarding the
Representations made by Seller in Section 12. At the Closing, Purchaser will sign
a Certificate of Accuracy, regarding the Representations made by Purchaser in
Section 13.
6.9. Seller and Purchaser will sign and/or prepare any other documents necessary to
complete the sale and transfer of the Premises.
6.10. 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
Closing Date. The rents for periods that extend beyond the Closing Date shall be
prorated back to the Closing Date and such amount shall be a credit to Purchaser
against the Purchase Price, as well as any other adjustments or charges as reflected
by the closing statement.
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COUNTY PURCHASE AGREEMENT (Fin al Version )
48150 GRAND RIVER A VENUE, NOVI, MICHIGAN
7.
8.
9.
10.
6.11. The Seller currently leases the Premises to the Purchaser pursuant to a lease with a
Commencement Date of June I, 2024 ("Existing Lease"), which is attached and
incorporated hereto as Exhibit B. As of the Effective Date, the Parties acknowledge
that the Existing Lease is in full force and effective and that neither Party is in
default/breach of the Existing Lease. On the Closing Date, the Parties shall execute
a Lease Termination Agreement, which is attached hereto as Exhibit C. Any
prepaid rent paid by Purchaser, under the Existing Lease, attributable to any period
after the Closing Date shall be credited to Purchaser as a reduction in the Purchase
Price, based on a 30 day month. Any unutilized Tenant Improvement Allowance
under the Existing Lease, at the Closing Date, shall be credited to Purchaser as a
reduction in the Purchase Price.
6.12. Under the Existing Lease, Tenant is currently responsible for the payment of all
real property taxes assessed against the Premises. Accordingly, no proration of real property taxes shall be made at Closing. Seller represents that there are no
delinquent property taxes, special assessments, or IRS liens on the Premises as of
the Effective Date. In the event any such delinquent taxes, assessments, or liens are
discovered prior to or at Closing, Seller shall be solely responsible for the payment
and satisfaction thereof.
POSSESSION. Purchaser shall have possession of the Premises on the Closing Date.
RIGHT OF ENTRY AND ACCESS.
8.1. During this Agreement, Purchaser and its employees, contractors, and agents shall
have the right to enter and access the Premises at reasonable times for the purpose
of surveying, testing, performing environmental impact studies, site planning, and
other inspections or testing Purchaser deems necessary or desirable to determine if
the Premises are suitable for Purchaser's use.
8.2. All inspections or testing shall be coordinated with Seller.
DEFAULT OF SELLER. In the event Seller shall default in the performance of its
obligations herein, Purchaser, shall , in its sole discretion, and as its sole and exclusive
remedy, elect to proceed under either 9.1 or 9.2, but not both.
9.1. Purchaser may specifically enforce this Agreement and require specific
performance of this Agreement by judicial decree, provided that such action must
be commenced within one hundred twenty (120) days following Purchaser's
discovery of Seller's default; or
9.2. Purchaser may terminate this Agreement and receive a full refund of the Deposit.
DEFAULT OF PURCHASER. In the event Purchaser shall materially default in the
performance of its obligations herein, Seller may declare that Purchaser has forfeited all
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COUNTY PURCHASE AGREEMENT (Fin al Version )
48150 GRAND RIVER A VENUE, NOVI, MICHIGAN
11.
12.
rights hereunder and retain the Deposit as liquidated damages. The retention of the Deposit
by Seller shall cancel this Agreement and Purchaser shall be released from any further
liability under this Agreement except as to the obligations which expressly survive
termination of this Agreement.
RISK OF LOSS. No risk of loss shall pass to Purchaser prior to the Closing Date. Except
as otherwise provided in this Agreement, Purchaser acknowledges the following: (I) Seller
has made no representations or warranties with respect to the Premises; (2) the inspection
rights set forth in this Agreement are sufficient to enable Purchaser to inspect the Premises to
determine if they are satisfactory to Purchaser.
WARRANTIES BY SELLER. Seller warrants to Purchaser and certifies the following by
execution of this Agreement:
12.1. Seller has full authority to enter into and perform this Agreement in accordance
with its conditions, without breaching or defaulting any obligation or commitment
that Seller has to any third parties; Seller will provide Purchaser with any necessary
resolutions, waivers and consents or other documents that verify Seller has the
requisite authority;
12.2. Seller is the fee simple owner of the Premises and will discharge any liens or other
Monetary Liens or encumbrances on or prior to the Closing Date;
12.3. Except for the Existing Lease, to Seller's knowledge, there are no leases, rights of
first refusal, contracts, or other agreements of any kind with respect to the Premises,
which would impair Purchaser's right to receive fee title absolute;
12.4. To Seller's knowledge, there are no lawsuits, actions, or proceedings pending or
threatened by any party, including governmental authorities or agencies, against or
involving the Premises which would affect Seller's ability to convey the Premises;
12.5. Seller has no notice or knowledge of any of the following:
12.5. I. any planned or commenced public improvements that might result in
special assessments or otherwise directly and materially affect the
Premises;
12.5.2. any government agency or court order requiring corrections of any
existing conditions; and
12.5.3. any request by an insurer or a mortgagee of the Premises requiring
correction of any existing conditions; and
12.6. During the period of Seller's ownership of the Premises, Seller has not used the
Premises for the purpose of disposing, refining, generating, manufacturing,
producing, storing, handling, treating, transferring, processing or transporting
Hazardous Materials. As used in this Agreement, the term "Hazardous Materials" 9 COUNTY PURCHASE AGREEMENT (Final Version)
48150 GRAND RIVER A VENUE, NOVI, MICHIGAN
13.
14.
15.
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, 21 l and 213 of the Natural Resources
Environmental Protection Act, and all rules, regulations and policies promulgated
thereto (collectively, the "Environmental Laws").
WARRANTIES BY THE PURCHASER. Purchaser warrants the following to Seller:
13.1. Purchaser is a Michigan Constitutional and Municipal Corporation; and
13.2. Purchaser has full authority and funding to enter into and perform this Agreement
in accordance with its conditions.
SUR VIV AL OF THE WARRANTIES. The warranties of the Parties contained in this
Agreement shall survive for one (I) year after the Closing Date.
" AS-IS".
Except as expressly set forth in this Agreement, it is understood and agreed by Purchaser
that Seller is not making and has not made, and that Purchaser is not relying upon, any
warranties or representations or guarantees of any kind or character, whether express,
implied or statutory, of any kind, nature, or type whatsoever from or on behalf of Seller,
including without limitation, warranties, representations or guarantees with respect to the
quality, character, or condition of the Premises (including the presence of any Hazardous
Materials on, at, under or emanating from the Premises, or any Hazardous Use on or about
the Premises), whether latent or patent, habitability, merchantability, fitness for a particular
purpose, zoning, tax consequences, patent physical or environmental conditions, utilities,
operating history or projections, valuation, governmental approvals, or the compliance of
the Premises with governmental laws or with respect to the value, profitability or
marketability of any part of the Premises, or with respect to any other matter or thing
relating to or affecting the Premises. Purchaser acknowledges and agrees that upon Closing
Seller shall sell and convey to Purchaser and Purchaser shall accept the Premises "AS IS,
WHERE IS, WITH ALL FAULTS", except to the extent expressly provided otherwise in
this Agreement. Purchaser represents and warrants to Seller that upon expiration of the
Investigation Period, Purchaser will have had ample opportunity to make a proper
inspection, examination and investigation of the Premises to familiarize itself with its
physical condition and that Purchaser will do so to its satisfaction. Further, anything in this
Agreement to the contrary notwithstanding, in no event shall Seller be liable for incidental,
special, exemplary or consequential damages, including, without limitation, loss of profits
or revenue, interference with business operations, loss of tenants, lenders, investors,
buyers, diminution in value of the Premises , or inability to use the Premises, due to the
condition of the Premises.
Seller and Purchaser agree that the provisions of this Section 15 shall survive the Closing.
COUNTY PURCHASE AGREEMENT (Final Version)
48150GRAND RIVER AVENUE, NOVI, MICHIGAN
16.CONDEMNATION/EMINENT DOMAIN.
16.1. In the event that all or any portion of the Premises shall be taken by the exercise of
eminent domain or condemnation proceedings prior to the Closing Date, Purchaser
may, at its option, terminate this Agreement by giving written notice to Seller. If
Purchaser elects to terminate this Agreement as a result of a condemnation
proceeding or exercise of eminent domain, then Purchaser shall receive a full refund
of the Deposit.
16.2. If Purchaser does not elect to terminate this Agreement in the event of the exercise
of eminent domain or condemnation, Purchaser shall accept title to the Premises
without any reduction of the purchase price and Seller shall assign to Purchaser at
Closing all of Seller's right, title, and interest in and to any resulting condemnation
award.
17.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: NOVI INVESTMENT PARTNERS LLC
232 Summit A venue, Suite 103
Purchaser:
Brookline, MA 02446
Attention: Kenneth Lewis
County of Oakland
Attention: Chairperson, Oakland County Board of Com missioners
1200 North Telegraph Road
Pontiac, Michigan 48341
Property Management Specialist
County of Oakland Department of Facilities Management
One Public Works Dr.
Waterford, Michigan 48328
248-858-5380
Oakland County Corporation Counsel
Attn: Director
1200 North Telegraph Road
Pontiac, Michigan 48341
1 7. 1. Any Party may change its address for notice by providing notice as required by this
Section. Any notice by either Party shall be sufficient if signed on behalf of said
Party by any elected or appointed official thereof.
18.TIME OF THE ESSENCE. Time is of the essence for this Agreement.
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COUNTY PURCHASE AGREEMENT (Final Version)
48150 GRAND RIVER AVENUE, NOVI, MICHIGAN
19. 20.
21.
22.
23.
24.
25.
26.
COMPLIANCE WITH LAWS. The Parties shall comply with all federal, state, and local
laws, statutes, ordinances, and regulations, applicable to their activities under this
Agreement.
NO IMPLIED W AIYER. Absent a written waiver, no act, failure to act, or delay to act by
a Party to pursue or enforce any right or remedy under this Agreement shall constitute a
waiver of those rights with regard to any existing or subsequent breach of this Agreement.
No waiver of any term, condition, or provision of this Agreement, whether by conduct or
otherwise, in one or more instances, shall be deemed or construed as a continuing waiver
of any term, condition, or provision of this Agreement. No waiver by either Party shall
subsequently affect its right to require strict performance of this Agreement.
SEVERABILITY. If a court of competent jurisdiction finds a term, condition, or provision
of this Agreement to be illegal or invalid, then the term, condition, or provision shall be
deemed severed from this Agreement. All other terms, conditions, and provisions of this
Agreement shall remain in full force and effect.
CAPTIONS. The section and subsection numbers, captions, and any index to such sections
and subsections contained in this Agreement are intended for the convenience of the reader
and are not intended to have any substantive meaning and shall not be interpreted to limit
or modify any substantive provisions of this Agreement. Any use of the singular or plural
number, any reference to the male, female, or neuter genders, and any possessive or
nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or
possession as the context requires.
AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications,
amendments, rescissions, waivers, or releases to this Agreement must be in writing and
signed by both Parties.
GOVERNING LAWS/CONSENT TO JURISDICTION AND VENUE. This Agreement
shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except
as otherwise required by law or court rule, any action brought to enforce, interpret, or
decide any claim arising under or related to this Agreement shall be brought in the Sixth
Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of
Michigan, or the United States District Court for the Eastern District of Michigan, Southern
Division, as dictated by the applicable jurisdiction of the court. Except as otherwise
required by law or court rule, venue is proper in the courts set forth above. The choice of
forum set forth above shall not be deemed to preclude the enforcement of any judgment
obtained in such forum or taking action under this Agreement to enforce such judgment in
any appropriate jurisdiction.
COUNTERPARTS. This Agreement may be executed in one or more counterpart copies,
all of which together shall constitute and be deemed an original and shall constitute one
and the same instrument binding on the Parties.
ENTIRE AGREEMENT. This document represents the entire agreement and
understanding between the Parties. This Agreement supersedes all other prior oral or
12
COUNTY PURCHASE AGREEMENT (Final Version)
48150 GRAND RIVER A VENUE, NOVI, MICHIGAN
written understandings, communications, agreements or contracts between the Parties. The
language of this Agreement shall be construed as a whole according to its fair meaning and
not construed strictly for or against any Party.
PURCHASER: County of Oakland
By: David T. Woodward, Chairperson, Oakland County Board of Commissioners
The Agreement was acknowledged before me in Oakland County, Michig an on this ____ day
of _____ ,202_by ____________ _
__________ , Notary Public
Oakland County, Michigan
Acting in Oa kland County, Michigan.
My Commission expires: ____ _
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COUNTY PURCHASE AGREEMENT (Fin al Version )
481 SO GRAND RIVER A VENUE, NOVI, MICHIGAN
SELLER: Novi Investment Partners, LLC A Massachusetts limited liability company By: Corey Hill Partners, LLC lffi� By: Kenneth G. Lewis I ts: Manager The Agreement was acknowledged before me in Norfolk County, Massachusetts on this � � day of f\f)A.\\ , 2026 by Kenneth G. Lewis, Manager of Corey Hill Partners LLC.Notary Public Acting in Norfolk County, Commonwealth of Massachusetts My Commission expires: t\\l.S\l,.\\ \:\,, 'a-� .
� LISETTE SANCHEZ® Notary Public Com:onwea/t� of Massachusetts Y C:omm1ufon ExpiresAugust 14, 2031
14
COUNTY PURCHASE AGREEMENT (Final Version)48150 GRAND RIVER A VENUE, NOVI, MICHIGAN
EXHIBIT A-LEGAL DESCRIPTION
The Land referred to herein below is situated in the City of Novi, County of Oakland, State of Michigan,
and is described as follows:
A parcel of land in the Northeast 1/4 of Section i7, Town 1 North, Range 8 East, City of Novi, Oakland County, Michigan, being more particularly described as follows: Commencing at the North 1/4 corner of Section 17 and proceeding along the North and South 1/4 line of said Section 17; thence South 02 degrees 46 minutes 41 seconds East 382.13 feet to the Point of Beginning; thence South 73 degrees 26
minutes 47 seconds East 692.00 feet; thence South 16 degrees 33 minutes 03 seconds West 325.00 feet to a point on the Northerly right of way line of Grand River Aven ue (100 feet wide); thence along said Northerly right of way line North 73 degrees 26 minutes 47 seoonds West 578.00 feet 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, North 02 degrees 46 minutes 41 seconds West 344.42 feet to the Point of Beginning.
Commonly known as: 48150 Grand River Ave, Novi, MI 48374
Tax Item No. 22-17-226-003