HomeMy WebLinkAboutResolutions - 1983.12.08 - 11453Novemter 17th, 1983
Miscellaneous Resolution 83322
By:. PLANNING AND BUILDING COMMITTEE- Anne M. Hobart, Chairperson
In Re: Lease Renewal for Anti-Organized Crime Office Space - Property Manag ev
Division
TO THE OAKLAND flOUNTY DoARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous
Resolution 83018, adopted February 3, 1983, authorized a lease for office space
with Austin, Collett, Reilly, Trute and Todd, P. O. Box 3779, Pontiac,
to house the Anti-Organized Crime Unit at a cost of $14,000.00 per year; and
WHEREAS said lease is tor a period of twelve (12) months ending
January 31, 1984; and
WHEREAS the Property Management Division recommends renewal of 2000 square
feet of office space designated as Suite A, located at 31 Oakland Avenue, Pontiac,
Michigan, for a period of twelve C12) months beginning February 1, 1984, and ending
January 31, 1985, at a cost of $14,000.00 per year, payable in monthly installments
in advance upon the first day of every month, as follows: $1166,74 on February 1,
1984, and $1166,66 for the balance of the lease teim.
NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County
Board of Commissioners is hereby authorized to enter into a lease for office space
with Austin, Collett, Reilly, Trute and Todd, P. O. Box 3779, Pontiac, Michigan, to
house the Anti-Organized Crime Unit at a cost of $14,000.00 per year, which amount
is to include all custodial, custodial supplies, heat, electric, water, mairteLL.:.
and available parking space to accommodate a minimum of twelve (12) cars in close
orcximicy to the leased premises.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
,z:>1
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LEASE
(1) THIS LEASE Made this 9th day of November 1983, by and between AUSTIN,
COLLETT, REILLY, TRUTE & TODD, P. O. Box 3779, Pontiac, Michigan 48059, the Lessor,
hereinafter designated as the Landlord, and THE COUNTY OF OAKLAND, 1200 North
Telegraph Road, Pontiac, Michigan 48053, the Lessee, hereinafter designated as the
Tenant.
(2) WITNESSETH: The Landlord, in consideration of the rents to be paid and the
covenants and agreements to be performed by the Tenant, does hereby lease unto the
Tenant the following described premises situated in the City of Pontiac, Oakland
County, State of Michigan, to-wit:
2000 square feet office area located on the 2nd
floor of the building at 31 Oakland Avenue, designated
as Suite A.
(3) For the term of TWELVE (12) MONTHS from and after the first day of February
1984, fully to be completed and ended, the Tenant yielding and paying during the
continuance of this lease unto the Landlord for rent of said premises for said term,
the sum of Fourteen Thousand Dollars ($14,000.00) in lawful money of the United State
payable in monthly installments in advance, upon the first day of each and every
month as follows:-
$1166,74 on February 1, 1984 and $1166.66 for the
balance of the lease term (11 months).
(4) The Tenant hereby hires the said premises for the said tent as above
mentioned and covenants well and truly to pay, or cause to be paid unto the Landlord
at the dates and times above mentioned, the rent above reserved.
(5) All payments of rent or other sums to be made to the Landlord shall be made
at such place as the Landlord shall designate in writing from time to time.
(6) The Tenant covenants not to assign or transfer this lease or hypothecate or
mortgage the same or sublet said premises or any part thereof without the written
consent of the Landlord. Any assignment, transfer, hypothecation, mortgage or sub-
letting without said written consent shall give the Landlord the right to terminate
his lease and to re-enter and repossess the leased premises.
(7) The Tenant agrees that if the estate created hereby shall be taken in
execution, or by other process of law, or if the Tenant shall be declared bankrupt
or insolvent, according to law, or any receiver be appointed for the business and
property of the Tenant, or if any assignment shall be made of the Tenant's property
for the benefit of creditors, then and in such event this lease may be cancelled at
the option of the Landlord.
Page 3 of 6 Pages
(12) The Tenant agrees to indemnify and hold harmless the Landlord from any
liability for damages to any person or property in, on, or about said leased premises
arising out of acts or deeds of the County, and Tenant will procure and keep in effect
during the term hereof public liability and property damage insurances for the benefit
of the Landlord in the sum of: ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00)
for damages resulting to one person and THREE HUNDRED THOUSAND AND NO/100 DOLLARS
($300,000.00) for damages resulting from one casualty, and FIFTY THOUSAND AND NO/100
DOLLARS ($50,000.00) property damage insurance resulting from any one occurrence.
Tenant shall deliver said policies to the Landlord and upon Tenant's failure so to do
the Landlord may at his option obtain such insurance and the cost thereof shall be
paid as additional rent due and payable upon the next ensuing rent day.
(13) Except as provided in Paragraph 11 hereof, the Tenant further covenants and
agrees that he will, at his own expense, during the continuation of this Lease, keep
the said premises and every part thereof in as good repair and at the expiration of
the term yield and deliver up the same in like condition as when taken, reasonable
and wear thereof and damage by the elements excepted. The Tenant shall not make any
alterations, additions or improvements to said premises without the Landlord's writio
consent, and all alterations, additions or improvements made by either of the parties
hereto upon the premises, except movable office furniture and trade fixtures put in a
the expense of the Tenant shall be the property of the Landlord, and shall remain
and be surrendered with the premises at the termination of this Lease, without mol ,,sa
tion or injury.
The Tenant covenants and agrees that if the demised premises consists of oi 1=
a part of a structure owned or controlled by the Landlord, the Landlord may enter the
demised premises at reasonable times and install or repair pipes, wires and other
appliances or make any repairs deemed by the Landlord essential to the use and occu-
pancy of other parts of the Landlord's building.
(14) The Landlord reserves the right of free access at all times to the roof of
said leased premises and reserves the right to rent said roof for advertising purposes.
The Tenant shall not erect any structures for storage or any aerial, or use the roof
for any purpose without the consent in writing of the Landlord.
(15) The Tenant shall not perform any acts or carry on any practices which may
injure the building or be a nuisance or menace to other Tenants in the building and
shall keep premises under his control (including adjoining drives, streets, alleys
or yards) clean and free from rubbish, dirt, Snow and ice at all times, and it is
further agreed that in the event the Tenant shall not comply with these provisions,
the Landlord may enter upon said premises and have rubbish, dirt and ashes removed
and the sidewalks cleaned, in which event the Tenant agrees to pay all charges that
the Landlord shall pay for hauling rubbish, ashes and dirt, or cleaning walks. Said
charges shall be paid to the Landlord by the Tenant as soon as bill is presented to
him.
Page 5 of 6 Pages
(23) (continuing)
or business by reason thereof, and if the Landlord makes or causes to be made such
repairs the Tenant agrees that he will forthwith on demand pay to the Landlord the
cost thereof with interest at 7% per annum.
(24) In case any rent shall be due and unpaid or if default be made in any of
he covenants herein contained, or if said leased premises shall be deserted or
vacated, then it shall be lawful for the Landlord, his certain attorney, heirs,
representative and assigns, to re-enter into, repossess the said premises and the
Tenant and each and every occupant to remove and put out.
(25) The Landlord covenants that the said Tenant, on payment of all the aforesaid
installments and performing all the covenants aforesaid, shall and may peacefully and
quietly have, hold and enjoy the said demised premises for the term aforesaid.
(26) In the event that the Landlord shall, during the period covered by this
Lease, obtain possession of said premises by re-entry, summary proceedings, or
otherwise, the Tenant hereby agrees to pay the Landlord the expense incurred in
obtaining possession of said premises, and also all expenses and commissions which
may be paid in and about the letting of the same, and all other damages.
(27) It is agreed that each and every of the rights, remedies and benefits
provided by this lease shall be cumulative, and shall not be exclusive of any other
of said rights, remedies and benefits, or of any other rights, remedies and benefits
allowed by law.
(28) One or more waivers of any covenant or condition by the Landlord shall not
be construed as a waiver of a further breach of the same covenant or condition.
(29) It is understood that if the Tenant shall be unable to enter into and occupy
the premises hereby leased at the time above provided, by reason of the said premises
not being ready for occupancy, or by reason of the holding over of any previous
occupant of said premises, or as a result of any cause or reason beyond the direct
control of the Landlord, the Landlord shall not be liable in damages to the Tenant
therefor, but during the period the Tenant shall be unable to occupy said premises
as hereinbefore provided, the rental therefor shall be abated and the Landlord is to
be the sole judge as to when the premises are ready for occupancy.
(30) Whenever under this Lease a provision is made for notice of any kind it
shall be deemed sufficient notice and service thereof if such notice to the Tenant
is in writing addressed to the Tenant at his last known Post Office address or at
the leased premises and deposited in the mail with postage prepaid and if such
notice to the Landlord is in writing addressed to the last known Post Office address
of the Landlord and. deposited in the mail with postage prepaid. Notice need be
sent to only one Tenant or Landlord where the Tenant or Landlord is more than one
person.
(31) It is mutually agreed that the County of Oakland may terminate said leas,
by providing a ninety (90) day written notice. and addressed to Austin, Collett,
Reilly, Trute & Todd at their last known post office address and deposited in t
mail with postae prepaid.
FISCAL NOTE
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: MISCELLANEOUS RESOLUTION #83322 LEASE RENEWAL FOR ANTI-ORGANIZED
CRIME OFFICE SPACE - PROPERTY MANAGEMENT DIVISION
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 #83322 and finds funding for said lease agreement for
the period • January 1, 1984 through December 31, 1984 has been included in the
1984 Recommended Budget.
Further, the 1985 portion of said agreement, for the period January 1,1985
through January 31,1985 be included in the 1985 budget appropriation.
Further, the Finance Committee recommends a (90) ninety day cancellation
clause be included as a provision within this lease prior to execution of said
lease agreement.
FINANCE COMMITTEE
Recnhition adaat_e_d__b_yt_be._QaLLaa"io.a.zcLal 83322 Mi P-e-G-69
8th this day of ecember . 19 83
ALL
County Clerk/Register of Deeds
#83322 December 8, 1983
Moved by Hobart supported by Nelson the resolution with Fiscal Note
attached, be adopted.
Moved by Hobart supported by Calandro the amendment recommended in the
Fiscal Note (90 day Cancellation clause be included as a provision within this
lease prior to execution of lease agreement) be adopted.
AYES: Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, '
McDonald, McPherson, Moffitt, Moore, Nelson, Olsen, Page, Per inoff, Price, Rewold,
Wilcox, Aaron, Caddell, Calandro, Doyon, Foley, Fortino. (25)
NAYS: Pernick. (1)
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald,
McPherson, Moffitt, Moore, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold,
Wilcox, Aaron, Caddell, Calandro, Foley, Fortino, GOsling. (25)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution as amended, with
Fiscal Note attached, was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Commissioners at their meeting held on December 8 ? 1983
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