HomeMy WebLinkAboutResolutions - 1983.02.03 - 11516PLANNING AND BUILDING COMMITTEE
February 3rd, 1983
Miscellaneous Resolution 83018
BY: PLANNING AND BUILDING COMMITTEE -Anne AA, Hobart, Chairperson
RE: LEASE RENEWAL FOR ANTI-ORGANIZED CRIME OFFICE SPACE
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the Oakland County Board of Commissioners by Miscellaneous
Resolution 82026, adopted February 18, 1982, authorized a lease for office
space with Empire Properties, a Michigan co-partnership, to house the Anti-
Organized Crime; and
WHEREAS, said lease was for a period of twelve (12) months ending
January 31, 1983; and
WHEREAS, the County of Oakland recommends re-leasing 2000 square feet of
office space located at 31 Oakland Avenue, Pontiac, Michigan, for a period of
twelve (12) months beginning February 1, 1983 and ending January 31, 1984 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, 1983 and
$1166.6.6 for the balance of the lease term (11 months).
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 at a cost of $14,000.00 per year,
which amount is to include all custodial, custodial supplies, heat, electric,
water and maintenance.
BE IT FURTHER RESOLVED that on page 2 Of the lease agreement, Tenant to
Indemnify, that the language be changed to read; "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 insurance for the benefit of the Landlord in the sum
of ."
AAR, CHAIRPERSON, on behalf of the Planning and Building Committee, I
move the adoption of the foregoing resolution.
Rent
Inst.trenee
Be nkru ptcy
and
Insolvency
Right to
dfurtgage
'e•
044
PHILIP R. SEAVER TITLE COMPANY, Inc:
„,Ceizje Made this, day ot.....,ranuazy. 19-aa
by and berteseen_Au,stin.,.. t& 'rade 9 :177g
U he roteMee, hegritifter deeignated aa the Landlord, aricleall....C.O.LaTTY_QZ:DAKI.,A.N1112.0_0
tree Lastasteq, begailiattifaftGAIr oftliglaffitedi se the ^resiess.
Ereseripsissa (2) WrriktTkr: The Landlord, in "maim Of the rent, to he paid and the covenants. and e grearnesste
to be perfumed by the Tenant, doss hereby lessee unto. the Tenant the folios' "bed premises situated in. the-
- —The .aalciand_C.o.u.t..._ State .ar._.M.1..ch g?-11
anst...A.v.ermclas znaste_d_ .a_ZILite A -
"
Tacna (3) Yea- the term of.. . ..... e.. . .
from
,ZWELVE.../CNT11.S.r..71.=
and after thee_......firs_t .. .. etlaY .February ... 192a--
fully toe be completed and =sled, the Tenant yielding and paying' the cortrineerkee of this lease treto the Landlord
Rest for rent of maid premises for said term, the sun a ....Elaur..teren....1.b_o_usanci...Da.ilars-,,,_
ft.'
ID lawful money of the United States payable in monthly installments in advancer, upon the first
of each and every month as follows:—
monti-x,s
.77-7 .....
day
Assignment
(4) The Tenant hereb y hires the said premixes for the said tax= as above mentioned and oovenanta well. and truly to pay, or cause to be paid unto the re ndIorck at. dates and times above mentioned, the rent above reserved-
.
,•ddition to the rentals specified, the Tenant agrees to pay as additional rental '
on premiums tor 4•11.1‘ • • oire that may be charged durin g the e amount of
insurance now carried by the Landlord on e pre ee-- • -----eeeee ts mita ted on said p'es, resulting from the busu earned the character
sited to. the-same.
erient shall default in an y payment or expenditure other than rent re q uired to be paid
by the Tenant un•er • :. ••• ... . .. - • • ord may at l'ij.ia option make su • • . - - . . ..e, s itare, et eeeelet
event the amount thereof shall be pa yable as ten ; 63100.••••••• --usasMIN eriant on the next ersaumg rent day .. _ . together with iriters___
cord shall have the same remedies as on default in payment of rent.
(7) All payments of rent or other sums to be made to the Landlord shall be made at such place--Irs. the Lezellord
shall designate in writing from time to time.
•
(8) The' Tenant covenants not to assign or transfer this lease or -hypothecate or mortgage theses:me or sublet ;aid - premises or any part thereof without the written. consent of the Landlord. Any assignment, transfer, hypothecation.
mortgage or subletting without said written consent shall give the Landlord the right to terminate lila nese and to
re-enter and repossess the leased premises.
(9) The Tenant agrees that if the estate created hereb y shall be taken in execution. or'tly other process of law , if the Tenant shall be declared bankrupt or insolvent., accordin g to law, or any receiver be appointed. for the busihe:
and property of the Tenant, or if any assignment shell be made of the Tenant 's property for the benefit. of ceeditors,
then and in. such event this lease may be cancelled at the option of the Landlord..
(10) The Landlord reserves the right to subject and subordinate th is! lease at all times to the lien of an y mortgage or mort gages now or hereafter placed upon the Landlord's interest in the said premises and on the lend and buildings
of which the said premises are a part or upon any buildinge hereafter placed upon the land of which the leased premises
form a part. And the Tenant covenants and a grees to execute and deliver upon demand such further' instrument or
instruments subordinating this lease to the lien of any such mortgage or mortga ges as shall be desired b y the Landlord and any mortgagees or proposed mortgagees and hereb y irrevocably appoints the Landlord the attorney-in-fact of the-
Tenant
-to-execute arid deliver any such instrument or instruments for and in the name of the Tenant.
u-Fief such payment or expeRMIN
(1.61
..„ • (II) It is understood an& agreed between the parties hereto that said. premises during the continuance of this ieree
shall be used and occupied for . ..... .... .. _ ... _ .... .... ... _ ....... ............ ......
and for no other purpose or purposes without the written consent of the Landlord, and that the Tenant wilLnot 'nee the
premises for any purpose in violation of any law, municipal ordinance or regulation. and that on any breach of this
agreement the Landlord- may at his option terminate this lease- forthwith and. re-enter and repossess the leased premises.
Iirs (12) It is understood and agreed that if the premises- hereby hoed be damaged or destroyed in whole or in part by
fire or other casualty during the term hereof, the Landlord will repair and restore the same to good tenentahle condition
with reasonable dispatch, and that the rent herein provided for shall abate entirely in case the entire premises are unten-
antable and pro rata, for the portion rendered untenantable, in case a part only is unteriantable, until the same shall be
restored to a tenantable condition; provided, however, that if the Tenant shall fail to adjust his own insurance or to
remove his damaged goods, wares, equiprnent.or property within a reasonable time, and. as a result thereof the repairing
and restoration is delayed, there shall be no abatement of rental during the period of such resulting delay, and pro-
vided further that there shall, be no abatement of rental if such fire or other cause damaging or destroying the leesed
premises shall result from the negligence or willful act of the Tenant, his agents or employees, and provided further that
if the Tenant shall use any part- of the leased premises for storage during the period of repair a reasonable charge Waal) be
made therefor against the Tenant, and provided further that in case the leased premiere or the building of which thee
are pr part, shall he destroyed to the extent of more than one-half of the value thereof, the Landlord may at his option
terminate this lean forthwith by a. written notice to the Tenant.
(13) The Landlord after receiving written natio& from the Tenant and having reasonable opportunity thereafter
to obtain- the necessary.- workmen therefor-agrees to keep in. good order and repair the roof and. the four outer walla of the
evernisee. but not the doors, door frames, the window glass, window casingis, window frames, window* or any of the
appliances or appurtenance, of said doors or window casings,. window frames- and, window", or any attachment thereto
or attachments. to said building- or prerniees used in connection therewitne
(insurance And thee Tenant agrees to keep the plate glare insured with a responsible - rrisurance Company in th ' LanZarrnefentereelennweeekenealiroon to the Landlord and unanjliajail •
such insurance and charg
failure*
Tenant to (14) The Tenant agrees to indemnify and hold harmleea- the Landlord from any liability for damages to any person
Indemnify or property ire ore or about said leased premisesefet retaireeree and Tenant will procure and keep in effect
during the tern: hereof public liability and prnVerty damage insurance for the benefit of the Landlord. in the suns of
ONE. HUNDRED- THOUSAND. AND -.1101-1_00- DC1LLAR $.2_0.0., 0 Oa-0.04r dnmagesresulting to olow
person anel .THRZE„,R7WRZD 7-10USAND & NO/ 10 0 DOLLARS
ing from Orbe- CaStuaty, erne=TY1 .THOITSAND & NO /11,0 0 DOLLARS $ 5 0 x 0 00 0 G ----
property damage insurance resulting from any one occurrence.. Tenant shall deliver-said policies to the Landlord and upon Tenant's failure SCir to do the Landlord may at hi, option_ obtain such- insurance and the cost thereof shall be paid as
additional rent due a.nct payable upon the- next. ensuing rent day_
Repairs and (15) Escept as provided in Paragraph 13- hereof, the Tenant further covenants and agrees that he will, at lair own Alterations expense, during- the continuation of this lease, keep the said premiss* and- every part thereof in as good repair and at. theexpiration of the term yield and deliver up the same in- like condition as when takers, reasonable use and. wear
thereof and_ damage. by the elements excepted. The Tenant shall, not make any alterations, addition" or improvements • to said premiere without the Landlord's written consent, and all alterations, additions or - improvements MILe by either
of the parties hereto upon the premises, except movable office harniture- arid trade fixtures put in at the- expense of
- the- Tenant, shall he the propertycif_the Landlord, -end shall remain upon and he surrendered_ with the premixes at the - termination of this lease without molestation or injury,
The Tenant covenants and agrees theta' the- demised 'premises consists of only a part of a structure owned or con-trolled hy the Landlord, the- Landlord may enter the demised premises- at reasonable time* and install or repair pipes, wine and other appliances-or make - seinentaiiirn deemed by the Landlord essential to the use and occupancy of other parts of the Landlord's building
l'Ne and
()retipancy
may piece
oh 6; but the
such insurance does' not release the Tenant of the liabeity. .
(17) The- Landlord reserve, the right of free access at all times to the roof of said leased premises and ratiervea the right to rent said roof for advertising purposes. The Tenant shell not erect any structure" for storage or any aeriei. or usor ther roof for any purpoter without the conseet in writing of the Landlord...
Careof (18)- Thor Tenant shalt not perform any - acts or awry- on any peaction which may injure the building or he a.
Premises.
nuisance or menace to other Tenants in the building and shalt keep premises under his control (including edini
drives, streets, alleys or yards) clean and free from rubbish, dirt., mow and ice at all times, and it is further _
that in the event the Tenant shall not comply with these provisiona, the Landlord may enter upon said premise - and
have rubbish, dirt and ashes removed and the aide walks cleaned, in which event the Tenant agrees to pay all charge*
that the Landlord shall, pay for hauling rubbish, :tithes. and dirt, or cleaning walks. Said charges shall be paid to the
Landlord by- the Tenant as soon as bill is presented to him and the Landlord "hail have the same remedy as a provided.
in Paragraph 6 of this lease in the event of Tenant's failure to pai.
lavrful laws, orders. regulations or ordinances of all municipal, County and State authorities affecting _ .precnies
(19) The Tenant shall at his own expense under penalty of forfeiture and damages promptly colt: With -alle
hereby leased and the cleanliness, safety, occupation and use of same.
(20) The Tenant further acknowledge- that he has examined the said leased premises prior to the making of this
of Premises. lease', and knows the condition thereof, and that no representations as to the condition or assta of repairs thereof have
at Time- of been made by the Landlord, or his agent, which are not herein expreseed, arid the Tamest hereby accepts the- leased.
Lease premises in their present condition at the data of the execution of this leans
(21) The- Landlord shall not, be responsible or liable to the Tenant rar any Ices or damage that may be accssier.LA
by or through the acts or omissions of persons occupying adjoining premises or any Part of tire Prrni°"' °diacellt to or
connected with the premise* hereby leased or any part of the buildirigof which the lamed premise are a. nett or feo
any Ian or damage resulting to the Tenant or his property from bursting. stapPage Isaklmir of water, 'e-
steem pipes.
Ftesessatiorts
Re-Renting
Flesidnig
Over
Cow, Water,
Heat,
Electricity
advertising
Da*Phir .
Access to
Premises.
Re-Entry
Quiet
Enjoyment
penises--
Damages.
Re-Entry.
Remedies)
not
E.:elusive
Viraivest
Delay or
Poesession
Notion
WITNESSED BY:
IN WITNESS' WHEREOF, The parties have hereunto rat their bands and seals the day and year first above written.
AUSTIN COLLETT REILLY TR.UTE & TODD
MICHEAL J. REII,W
--------------- (L. S.)
L. S.)
(L- S.)
(L. Se
(22) The Tenant hereby agrees that for a period count:terming 90 days prior to the termination of this less., the
Landlord may show the premisest to proepective Tenants., and 60 days prior to the termination of this lease, may die-
piey inariel• about said. premises and in the windows thereof. the usual and ordinaey "TO RENT"
(23) rt is hereby agreed that in the- event of the Tenant herein. holding over after the termination of tide lease,
thereafter the tenancy shall be from month to month in the absence-of written agreement to the contrary.
Al ortd • (24) The inli pay ail charges made against said leased premises for gas„ water, heat and 'city- during the cosetizinance of this levee, as the same shall become due'
(25) It is further agreed that all signs and advertising dispia_yed in and about the premises, shall be such only ate
advertise the business carried on upon said premises, and that the Landlord shall control the character and size thereof..
and that no- sign shall be displayed, excepting such as shall be approved. in writing, by the Landlord, and that no. awning.
shall be installed or used on the exterior of said building unless approved in writing_ by the Landlord..
(26) The Landlord shall have the. right to enter upon- the leased premises at all reasonable hours for the purpose of ins the same. If the Landlord deeme any repairs neer:mazy he- may devaareenhat the Tenan.t melee the same and the enant refuses or neglects forthwith to commence such repairs and complete the same with reasonable die-patch the Landlord may make or cause to be made such repairs and Mien, not be responsible to the Tenant for any lace OF &exclaims- that may accrue to his stock or business' by ritagaors thereof, and. if the Landlord. maken or causes to he made such repairs- the Tenant. agrees,- that he will forthwith on demand pay to the Landlord, the cost. thereof with interest
t7% per annum, and. if her shall make default in such payment the Landlord shall have the rexciediere provided in Para-
graph 6 hereof. • "
(27) • r..= case-any- rent shall be due- and unpaid or if default be made in any of the covenants heroin contained, ser-if midi leased. Premises than. her deserted or vactited, then it *hall be lawful for the Landlord, his certain attorney, hens„. represeetatives and assignee to re-enter into, reeposeass the- said premises and the Tenant and each and every occupant to-remove-arid put out . . . . . • •
(28)- Thse- Landlord, CarreValltW that the aped. Tenant, on payment of all- the aro" installenesetir and performing
all-the covenants afo" shall, and may peacefully and; quietly have, hold and. enjoy the said demised premise:afar the term aforesaid- -
(29) la the-event that the Landlord shall, deiring the period covered by thes lease, obtain poseession of said premixes, by reentry, summery proceedinge, or otherwise; the Tenant hereby- agrees to pay the- Landlord the expense inceneed
obteining possession of said premises, and also all expenses and commienons which may be paid in and about the-letting of the same, anti all other damages.
(30) It is agreed that each and every of the- rights, remedies and. benefits provided by this lease shall be cumu-
lative 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.
(3I) One or more waivers- of any covenant or condition by the Landlord alusE not be construed as- a. waiver of a. further breach of the ammo covenant or- condition,.
_
(33) Whenever- under this- team- a. provision is made- for notice- of any kind it shall be deemed suf5.aient notice-and service- thereof if auch 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 M. writing addressed- to the last known Poet Office address of the- Landlord and- deposited in the mail with postage
prepaid.. Notice need he sent to only one Tenant or Landlord. where the Tenant or Landlord is more than_ one- person.
(34) It is agreed that in thiss lease- the word "be' shall be used as synonymous with the words. "she," "ie'' and
"they," and the word "hie." eynonymouer with the words- "her," "its' and 'their$
(35) The- covenantee condition& and agreements made and entered into by the parties hereto are- declared. binding on their reepectineliairee mucceseent, representative* and assigns.
(381
.The _Landlord- shall. parking space to
- .... accomma date- -a minimum -of---12--cars--in c lose 1:Fr o ximity
- to the- -leased- premises.
(32) It Is understood that if the Tenant shalt be unable to enter into and occupy the premiaes hereby lensed at the'
time- above provided, by remon of the- said premises, not being ready for occupancy, or by reason of the holding- civ-irren
of any previoust occupant of said premise... or as a meet of any cause or reason beyond the direct control of the I end- -
lord., the Landlord. shall not be liable in damagert to the Tenant therefor, but during the period the Tenant shall lee--
unable to occupy mid. premises.. as hereinbefoire provided, the rental therefor shall be abated and the Landlord is to he the pole judge- as to when the premises are reedy-for occupancy..
nn••
-before me,
to me personally knowre who,
_amy that (2)
. • '...
-_erorairy—lie.Telic_ Comity, Michigan.
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(1)
"c464
IN CONSIDERATION of -the letting of the premises in the foregoing instremesit describe& end for the elm of
Mir dollar, to eaid do hereby become surety for the pezeetual
Payment of the rent and performers= of the covenant* in said instrument mentioned, to be paid and Performed by the
second pere........_...tiaerein named; and it' any default shall at any time be made the
do hereby -promise and agree to pay unto the part of the first part named in said instrument, the said ;set end
amaze thereof that may be due, and fully satisfy the condition of said instrument, and all damages that may occur
by reason of the non-fulfillment thereof. without requiring notice or proof of the demand being made. The Landlord
shall not be held to strict construction adopted in cases of principal and surety. The surety shall not have the right
to clean discharge, or plead by way of defense any extension of time given by the Landlord, failure of the Landlord
to glee notice of default, receipt by the Ierellord of securities from the Tenant, failure of the Landlord to pursue the
Tenant and his property with due diligence or to apply other remedies and other securities which may possibly he
available to the :landlord and any direct release, unless it be in writing duly authorized and executed.
seaL this. ..day of
STATE OF MICHIGAN
INL
COUNTY
_day the year of our Lard One
Thousand -Nine Hundred and_
in and for said County, appeared.
by mie sworn, did (1).
the
the corporation named in and which executed the within instrument, and that the seal affixed to said instrument is
the corporate seed of said corporation, and that said instrument WV* Signed and sealed in behalf of said corporation by
ainie" of its Beard af Lexeeeeee, and said
„ackasoweedges -said inistrinnsint to be the free act and deed of said corporation.
On this
My Commin Enema_
NOTE: if move than oft* calker Inekssmniedges. loom at (1) "math for hiarotea." ood 42) "they ore ozoometively..°
SECURITY PROVISION
Paragraph 37 (Refer to Paragraph 36 of I..eauae)
The Landlord herewith acknowledges the receipt of _Dollars
($ - .... ....... ..... which be is to' retain age recarity for the faithful performance of all of the covenants,
conditions, and agreements of this lease, but in no event shall the Landlord be obliged to apply the mime upon reins
or other charges in arrears or upon damages for the 'Tenants' failure to perform the said covenants, conditions, and
agreements; the Landlord may so apply the security at his option; and the Landlord's right to the possession of the
premises for non-payment of rent or for any other reason shall not in any event be affected by reason of the fact that
the I..nrlord holds this security. The said sum if not applied toward the payment of rent in arrears or toward the pay-
ment of damages suffered by the Landlord by reason of the Tenant's breach of the covenants, conditions, and agree-
ments of this lease is to be returned to the Tenant when this lease is terminated, according to these terms, and in no
event is the said security to be returned until the Tenant has vacated the premises and delivered poesession to the
Landlord.
In the event that the Landlord repoesesees himself of the amid premise, because of the Tenant's default or because
of the Tenant's failure to carry out the covenants, conditions, and agreements of this lease, the Landlord may apply
the said security upon all damages suffered to the date of said repossession and may retain the said security to apply
upon such deer/Ages as may be suffered or shall accnie thereafter by reason of the Tenant's default or breach. The Land-lord shall not be obliged to keep the said security as a separate fund, but may mix the said security with his own funds.
(L. S.)
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#83018 February 3, 1983
day of February 993
Moved by Hobart supported by Richard Kuhn the resolution be adopted.
AYES: R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt,
Moore, Nelson, Olsen, Pernick, Rewold, Wilcox, Aaron, Caddell, CaIandro, Doyon,
Foley, Fortino, Gosling, Hobart, Jackson. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
GAN)
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
STATE OF M
Miscellaneous Resolution
at their. meeting held on
#83018 adopted by the Oakland County Board of Commissioners
February 3, 19,83
with the original 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
f'l'HN-A:---A-CCElf,---tty—firter of [}z
• -- Deputy Clerk
this 3rd