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HomeMy WebLinkAboutResolutions - 1985.08.08 - 11185_Miscellaneous Pesolution 885218 July 25, 1985 st 20, BY: PLANNING ti BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: Corporation Counsel (Real Estate Sect.ion)--Lease Renewal for Oakland County Sheriff Substation TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS by Miscellaneous Resolution 82272, dated Au 1982, the County of Oakland entered into a three year lease agreement between the Village of Ortonville, a Municipal Corporation, and the County of Oakland to lease seven hundred C700) square feet of space to be used as the Oakland County Sheriff Department's Substation and Dispatch area; and WHEREAS the Oakland County Sheriff desires to provide a substation and the rental of said space would he in the best interests of the public; and NOW THEREFORE BE IT RESOLVED that the Oalland County Board of Commissioners exercise the option to renew the lease for seven hundred (700) square feet of office space in premises known as Village Offices, Village of Ortonville for an additional three (3) year term under identical terms and conditions of the lease entered into on the 25th day of June, 1982 with the exception of the amount of rental which will be at a rate of Four Thousand Five Hundred (84500) Dollars per year. BE IT FURTHER. RESOLVED that the Chairperson of the Board of Commissioners be and is hereby authorized to execute said lease in accordance with the terms of the lease, a copy of which is attached hereto and made a. part thereof. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING 5 BUILDING COMMITTEE LEASE QLSPACE ELME_ AGE OFFICES THIS LEASE, made and entered into this 24th day of June, AD., 1985, by and between the VILLAGE OF ORTONVILLE, a Municipal corporation, in the County of Oakland, State of Michigan, hereinafter referred to as LANDLORD and the COUNTY OF OAKLAND, a Municipal corporation, located in the County of Oakland, State of Michigan, and hereinafter referred to as the TENANT. WITNESSETH: THE LANDLORD in consideration of the rents to be paid and covenants and agreeements to be performed by the Tenant, does hereby lease unto the said Tenant for use only by said Tenant, that portion of the ORTONVILLE VILLAGE OFFICES located at 395 Mill Street, Ortonville, Michigan 48462, consisting of • approximately seven hundred (700) square feet of space to be used as the Oakland County Sheriff's Department Substation, for a term of three (3) years commencing on the date of the execution of this Lease and terminating on June 24, 1988. PROVIDED HOWEVER, that in case any of the said rents shall be due and unpaid a default shall be made and any covenants herein contained, that it shall be lawful for the Landlord, its certain attorneys, heirs, represenatives and assigns, to re-enter into, repossess the said premises and the Tenant and each and every occupant to remove and put out. THE TENANT does hereby hire said premises for the term aforesaid and covenants as follows: 1. To pay the Landlord, as rental for said premises, the sum of •5.75'o 0 per annum, payable in semi-annual installments in advance, the first semi-annual installment of f..2,_21.0- 0 0 to be paid upon execution of this Lease. 2. To use and occupy said premises solely for the purposes for which they are let to them and will not permit intoxicating liquors to be sold, used or manufactured upon the premises. 3. To observe all reasonable regulations and requirements of underwriters concerning the use and conditions of the premises tending to reduce fire hazards and insurance rates and not permit or allow any rubbish, waste materials nor products to accumulate on the premises. • • • LEASE AGREEMENT OAKLAND COUNTY/ VILLAGE OF ORTON V I LLE PAGE 2 4. That in the event Tenant is declared bankrupt or the Tenants estate passes in the custody of a Receiver apointed by any court, this Lease shall, at the option of the Landlord, teminate upon thirty (30) days written notice. 5. That the tenant shall not assign this Lease nor sub -let said premises or any part thereof, without the written consent of the Landlord endorsed therein in writing. 6. To quit and surrender up said premises to the Landlord at the end of said term in the same condition as the date of commencement of this Lease, ordinary wear and tear excepted. 7. To be on notice of and to abide by in conformed manner all rules and regulations from time to time adopted by or prescribed by the Landlord with the government and management of said Village Offices. 8. The Tenant shall comply with all laws of the United States, State of Michigan and all Ordinances, rules and requirements of the Village of Ortonville, and will not do or suffer to be done anything on said premises, during the term of this Lease or in violation thereof. If a violation exists, the Tenants shall immediately desist from and correct such violation, 9. The Tenant shall not injure, mar or in any manner deface the premises and shall not cause anything to be done whereby said premises shall in any manner be injured, marred or defaced. 10. The Tenant shall not make any alterations, additions or improvements to said premises without the Landlords written consent and any alterations, additions or improvements made by the Tenant upon said premises, except moveable office furniture and trade fixtures put in at the expense of the Tenant, shall be made at the expense of the Tenant and shall become the propety of the Landlord and shall remain upon and be surrendered with the premises at the termination of this Lease, without molestation or injury. 11. The Tenant shall permit no chairs or movable seats to be or remain in any passageways and shall keep any and all passageways clear at all times. 12. In case the ORTONVILLE VILLAGE OFFICES or any part thereof should be destroyed or damaged by fire or any other cause or casualty, or any unforseen occurance which shall render the fulfillment of this Agreement by the Landlord impossible, then and thereupon this Agreement shall terminate and the Tenant hereby waives any claims for damages or compensation should this Agreement be so terminated 13. The Landlord reserves the right to enter upon and to have access to said premises at any and all times in any manners connected with said premises. LEASE AGREEMENT OAKLAND COUNTY/VILLAGE OF ORTONVILLE PAGE 3 14 The said building and parkng lot, located on or near said premises, shall at all times be under the exclusive charge and control of the Landlord, and who shall provide all exterior ground maintenance, including snow and ice removal on the parking lot and sidewalks. 15. The Tenant understands that the Landlord shall carry insurance on the exterior of the building only and for public liability and property damage coverage. Further, that the Tenant shall be obligated to carry its own insurance on its own equipment, fixtures and personal property situated upon these premises. 16. That if the demised premises becomes wholly untenable through damage or destruction by fire not occasioned by the negligence of the Tenant, then this Lease shall be void; if partially untenable, the Landlord shall repair the same with all convenient speed and the obligation of the Tenant to pay the rental shall continue in full force and effeact provided that such repairs shall be completed within forty (40) days. 17. That all property of any kind that may be on the premises during the continuation of this Lease shall be at the sole risk of the Tenant and the Landlord shall not be liable to the Tenant for any personal injury, loss or damage to the property or person or persons on said premises. 18. The tenant covenants and agrees not to do or suffer to be done, anything by which persons or property in or about or adjacent to the premises may be injured or endangered and the Tenant agrees to indemnify and save harmless the Landlord from any claim of any person for injuries to life, person or property by reason of anything done or permitted to be done or suffered by the Tenant in and about said occupied premises, streets, alleys or sidewalks adjacent thereto. 19. That no assent, expressed or implied by the Landlord to any breach of Tenants covenants shall be deemed to be a waiver of any succeeding breach of the same covenant. THE LANDLORD does hereby covenant and agrees as follows: 1. That the Tenant, upon payment of the rental at the time and in the manner aforesaid and in performing all of the foregoing covenants, shall and may peacefully and quietly have, hold and enjoin the demised premises for the term aforesaid. 2. That it will at its own expense during the continuation of this Lease, keep in good repair the exterior walls and roof of said premises including replacement of any broken windows and any painting that may be required during the term of this Lease. LEASE AGREEMENT OAKLAND COUNTY/VILLAGE OF ORTONVILLE PAGE 4 3. To see that the premises are adequately furnished with heat, lights, minor repairs and normal maintenance including two hours of janitorial services per week. Landlord will supply the cleaning supplies, Provided further that normal repairs as indicated herein shall also include doorknobs, light fixtures and any other items to be repaired to the actual building itself shall be assumed and paid by the Landlord. Provided further, however, that in the event that the Tenant desires to move any partitions or the enlargement of any offices or do any renovating on the area leased by it, then and in such an event, any costs for removal of said partition or enlargement of said offices or any renovating shall be paid by the Tenant. 4 To supply and have available for the use of the Tenant, paper towels, hand soap, and toilet tissue. 5. That it will at all times during the term of this Lease, carry Insurance upon the building of said premises only, for the protection of the same against loss or damage by fire, lightning or storm, Any other Insurance upon all appurtances, machinery, equipment or fixtures therein shall be paid by Tenant. IT IS EXPRESSLY AGREED by and between the Landlord and Tenant herein that if during the demised term, proceedings shall be instituted under the power of imminent domain which shall result in an eviction, in total or partial of the Tenant, and at the time 0 the trial of such proceedings shall commence this Lease shall be void and the term of said demise shall cease and terminate and if the Tenant continues in possession, it shall be as a Tenant from month to month for no longer term, anything in this instrument to the contrary notwithstanding. IT 15 FURTHER EXPRESSLY AGREED that upon the expiration of this Lease, that the Tenant shall be given an option to renew the same for an additional three (3) year term under identical terms and conditions with the exception of the amount of rentals to be paid, should the Tenant exercise its option to renew this Lease. PROVIDED FURTHER HOWEVER, that any increase in rentals is to be based upon an increase of the Landlord's maintenance costs of the entire premises between the first (1st) and third (3rd) year from the term of this Least to be adjusted on the square footage of that portion of the entire premises occupied by the Tenant hereunder. IT IF FURTHER EXPRESSLY AGREED that any matters not herein expressly provided for shall be at the discretion of the Landlord. 77 LEASE AGREEMENT OAKLAND COUNTY/VILLAGE OF ORTONVILLE PAGE 5 1st 5 IN WITNESS WHEREOF the VILLAGE OF ORTONVILLE, a Municipal corporation as Landlord and the COUNTY OF OAKLAND, a Municipal corporration as Tenant, have caused these presents to be signed in duplication, the day and year • first above written. VILLAGE OF ORTONVILLE, a Municipal Corporation By. (j1c_NL_Ct..2_,CA Thomas A. Stowell, Village President COUNTY OF OAKLAND, a Municipal Corporation BY: Richard Wilcox, Chairman, Oakland County Board of Commissioners -0- b 4,11?-4C7-7.- C. `7c3 Office of VILLAGE OF ORTONVILLE 395 Mill Street P. o. Box 428 ORTONVILT,F„ MICHIGAN 43462 (313) 627-3560 June 11, 1985 Evelyn Stewart Division of Property Management 1200 North Telegraph Pontiac, Michigan 48053 Dear Ms. Stewart: Enclosed are two original drafts of a proposed three year lease for office space for the Oakland County Sheriffs Department substation here at 395 Mill Street. The Village Council approved this new Lease and both copies have been signed by our Village President. If there are no problems from your end with this Lease, will you please have both copies signed? You may keep one copy and will you please send one copy back to me? The Lease is exactly the same as the present, with the exception of a rate increase from $4,200.00 per year, to $,4,500.00 per year. The Council was hoping not to raise the cost at all. However, our maintenance and utility costs for this building have increased almost 40% over the past three years, mostly due to heating, air conditioning, and Itghting cost increases. They are not passing a 40% increase on to you, however. They are estimating what they need to receive in actual dollars in order to break even, and they estimate that a 7% increase will just about do it. The raise from $4,200.00 to $4,500.00 represents a 7% increase. Another way they looked at it is that the substation occupies approximately 16 1/2% of the entire building and 16 1/2 of the 40% comes to about 7%. If you have any questions, please call. Sincerely, Lois Thibault Village Manager Enclosures #85218 July 25, 1985 Moved by Hobart supported by Susan Kuhn the resolution be adopted. The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: CORPORATION COUNSEL (REAL ESTATE SECTION) - LEASE RENEWAL FOR OAKLAND COUNTY SHERIFF SUBSTATION-MISCELLANEOUS RESOLUTION #85218 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson. Ladies and Gentlemen: Pursuant to Rule XI--C of this Board,. the Finance Committee has reviewed Miscellaneous Resolution #85218 and finds: 1) Corporation Counsel (Real Estate Section) requests the Board of Commissioners to renew a three (3) year lease agreement between the Village of Ortonville and the County to lease 700 square feet of space for the Oakland County Sheriff Department's substation, 2) Terms and conditions of the lease are identical to previous three (3) year lease agreement entered into June 25, 1982, with the ex- ception that the amount of rental will be at a rate of $4,500 per year, 3) Previous rental rate was $4,200 per year; requested increase is due to maintenance and utility cost increases, 4) The proposed lease agreement covers the period June 24, 1985 through June 23, 1988, 5) $4,500 is necessary per the lease agreement to fund 1985 rent cost, said funds available in the 1985 Contingency Account, to be transferred to the Sheriff's Department Budget as follows: 909-01-00-9900 Contingency $(4,500) 436-15-00-3658 Rent 4,500 $ -0- FINANCE COMMITTEE #85218 August 8, 1985 August 19 85 \ #1, ' F 414441L. day of ALLEN Counk Clerk/Register of Deeds Moved by Hobart supported by Olsen the resolution, with Fiscal Note attached, be adopted. AYES: Doyon, Fortino, Gosling, Hassberger, Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McDonald, Moffitt, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Calandro. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, with Fiscal Note attached, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached Miscellaneous Resolution #852I8 adopted by the Oakland County oard of Commissioners at their meeting held on August 8, 1985 with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this 8th