ADOPTED - JUNE 11, 1998

SUBSTITUTE Agenda Item No. 1

Introduced by the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN INGHAM COUNTY,

THE CITY OF LANSING, AND GRANGER PLANNING AND DEVELOPMENT,

L.L.C., FOR THE TEMPORARY RELOCATION OF CIRCUIT COURTS

RESOLUTION #98-132

WHEREAS, by resolution authorized by the Ingham County Board of Commissioners and the City of Lansing, Ingham County and the City of Lansing have agreed to the financing and construction of a Consolidated Courts facility on the County-owned property at Kalamazoo and Townsend Streets within the City of Lansing; and

WHEREAS, it is anticipated that planning for this project shall begin in 1998, and completion of construction shall occur within three years; and

WHEREAS, the City of Lansing is intending to sell its entire Board of Water and Light Building, including the portion currently occupied by the 30th Judicial Circuit Court, to Capitol Outlook L.L.C.; and

WHEREAS, Granger Planning and Development, L.L.C., wants the 30th Judicial Circuit Court to vacate the premises in the Board of Water and Light Building by July 20, 1998; and

WHEREAS, it would therefore be necessary to secure temporary space for the Circuit Courts from July 20, 1998, through the completion of the Consolidated Courts Facility; and

WHEREAS, it would also be necessary to identify the sources of funds for this temporary location and to designate responsibility for securing the necessary facilities, supplies, and equipment.

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners authorizes the Controller and County Attorney to negotiate an agreement with Granger Planning and Development, L.L.C., and the City of Lansing to accomplish the following:

1) Subject to the availability of suitable space and the approval of the Chief Judge of the 30th Judicial Circuit Court as to the adequacy of the facilities for temporary court operations, and the meeting of the various contingencies identified in this resolution, Granger Planning and Development, L.L.C. shall be responsible and pay for all expenses associated with the moving of the offices of the 30th Judicial Circuit Court currently located in the Board of Water and Light Building, including but not limited to, courtrooms, equipment, furniture, computer installation, phone installation, compliance with ADA requirements, and compliance with all required building codes, to space constructed and equipped in a manner acceptable to the Chief Judge of the 30th Judicial Circuit Court and the County Controller in the following locations:

ADOPTED - JUNE 11, 1998

SUBSTITUTE Agenda Item No. 1

RESOLUTION #98-132

a) Two courtrooms and related offices shall be relocated to the Courthouse Annex on Cedar Street in Mason;

b) Pretrial Services shall be relocated to the County Jail;

c) Two courtrooms and related offices shall be relocated to 104-106 S. Washington Square in the downtown area of the City of Lansing;

d) Other court functions currently located within the Board of Water and Light Building shall be relocated to Town Center adjacent to space currently occupied by the 30th Judicial Circuit Court;

2) GPD of Lansing, L.L.C., shall lease necessary space at the Courthouse Annex, Town Center, and 104-106 S. Washington Square, and shall sublease said spaces to Ingham County for use by the 30th Judicial Circuit Court for the three year period or the time required to complete a consolidated courts facility, which shall be available no later than July 13, 1998. The leases shall cover all costs of housing the court facilities, including, but not limited to, maintenance, taxes, insurance, snow removal, repairs to the premises, but excluding utility services cost.

3) Ingham County shall lease 6,700 square feet of space as is at the Courthouse Annex in Mason to GPD of Lansing, L.L.C., at the rate of $7 per square foot annually.

4) Ingham County shall provide specifications on behalf of the 30th Judicial Circuit Court for the construction and equipping of the spaces to be subleased, and shall provide cost estimates for the total leasing, constructing, equipping, and operating of the space for a 36 month period.

5) Granger Planning and Development, L.L.C., the City of Lansing, and the County agree to contribute to the costs of renovation, necessary furnishings, equipment and supplies, contingencies, the moving of courtrooms, equipment, furniture, computer installation, phone installation, compliance with ADA requirements, and compliance with all required building codes, and lease of space. Notwithstanding any other provisions or any other costs, the County's share will be one-third of actual costs, but will in no case exceed $501,981, which represents one-third of the costs as estimated by the County in its submission of specifications to Granger Planning and Development, L.LC. As provided in the cost sharing for the consolidated courts facility construction, the County will be given credit for the county owned space provided.

6) The City of Lansing shall be responsible for one-third of the costs: $501,981 plus 50% of the Annex operation expenses (estimated amount is $40,800). Granger Planning and Development, exceed $1,545,942, the City and the County shall in total equally share in the excess costs up to

ADOPTED - JUNE 11, 1998

SUBSTITUTE Agenda Item No. 1

RESOLUTION #98-132

a combined maximum total of $40,000, and any costs in excess of $1,585,942 shall be the responsibility of Granger Planning and Development, L.L.C.Planning and Development, L.L.C. 7) The County agrees to undertake renovations to the Jail and to move Pre-Trial Services to that location. Costs incurred for the above will be paid for by the County and subtracted from its total share.

8) The County will be responsible for customary operational expenses at the Annex, including, but not limited to, utilities, parking lot maintenance, custodial services and snow removal. Fifty percent (50%) of the direct net costs for operational expenses at the County annex will be reimbursed by the City to the County.

9) The County will be responsible for disconnecting and reconnecting all computers, phones, and network equipment. Costs incurred by the County with respect to moving this equipment and making it operational will be paid for by the County and subtracted from its total share. Granger Planning and Development, L.L.C. shall have the facilities accessible for the County to install the above equipment in sufficient time to allow the Court to be in operation no later than July 20, 1998.

10) The County will contract with Wigen, Tincknell, Meyer and Associates to develop construction specifications for the various sites, and to act as the owner's representative to assure that construction is according to specifications. Any and all costs associated with this contract, including time charged for the investigation and selection of sites, will be paid for by the County and subtracted from the County's share.

11) The Courts will not be moved until the space to be provided at the various locations is completed in a satisfactory manner to the County Controller and the Chief Judge.

12) As a condition of agreeing to proceed with this relocation project, the City and the County will waive their rights under the Consolidated Courts Agreement to terminate that agreement at any time prior to July 1, 1998.

13) The County will sublease space at 104-106 S. Washington Avenue from GPD of Lansing, L.L.C., and all lease costs shall be subtracted from the County's share. Utilities (water, electric, heating fuel and phones) shall be paid 50% by the City and 50% by the County, with the County's cost being subtracted from the County's share.

14) The County will sublease space at the Town Center, 333 S. Capitol Avenue, from GPD of Lansing, L.L.C., and all lease costs shall be subtracted from the County's share. Utilities (water, electric, heating fuel and phones) shall be paid 50% by the City and 50% by the County, with the County's cost being subtracted from the County's share.

ADOPTED - JUNE 11, 1998

SUBSTITUTE Agenda Item No. 1

RESOLUTION #98-132

15) This resolution is subject to and contingent upon the County receiving a satisfactory indemnification and hold harmless from Granger Planning and Development, L.L.C., approved by the County Controller and the County Attorney.

16) The above is subject to and contingent upon the City of Lansing entering into a written agreement with the County which will ensure that the City will pay its costs of this project as noted above. The Courts shall not vacate their current premises until such time that such agreement is signed by the City, the County, and all other appropriate parties.

BE IT FURTHER RESOLVED that the Chair of the Board of Commissioners and the County Clerk are authorized to sign agreements and leases contemplated by this resolution, as recommended by the County Controller and reviewed by the County Attorney.

BE IT FURTHER RESOLVED that the Board of Commissioners authorizes an appropriation of up to $400,000 from County funds reserved for the construction of a consolidated courts facility to the appropriate budgets, to pay for architectural fees, relocation of computers and phones, renoticing expenses and other expenses associated with the County's responsibilities under this resolution.

Virgil Bernero Wallace Juall Randy Schafer

John Czarnecki Linda Keefe Linda A. Sims

Paul E. Goulet Jean M. McDonald Anne Smiley

Mark Grebner Paul C. Pratt Mary Stid

Bruce D. Hunting