HomeMy WebLinkAboutResolutions - 1983.05.19 - 11682Miscellaneous Resolution
alliQ . May 19, 1933
BY: PLANNING AND BUILDING COMMITTEE
IN RE: PROPERTY MANAGEMENT DIVISION - CITY OF SOUTHFIELD LEASE RENEWAL OF
VACANT PROPERTY FOR RECREATIONAL PURPOSES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland by Resolution 3543 adopted on
July 6, 1578 entered into a lease with the City of Southfield for leasing
vacant property at Southfield Health to be used for Southfield recreational
activities for a term of five (5) years commencing on the 3rd day of May
1978 and terminating on the 3rd day of May 1983; and
WHEREAS the City of Southfield desires to extend the lease for
an additional period of five (5) years.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby authorize the Chairperson of the Board of Commissioners
to execute the necessary documents to enter into a lease between the County
of Oakland and the City of Southfield for a period of five (5) years commencing
on the 4th day of May 1583 and terminating on the 4th day of May 1583 for the
vacant property at Southfield Health,
Mr. Chairperson, on behalf of the Planning and Building Committee,
I move the adoption of the foregoing resolution.
LEE
THIS LEASE, made and entered into this 4th day of May, 1983
between the COUNTY. OF OAKLAND, a Michigan Constitutional Corporation,
whose address is 1200 North Telegraph Road, Pontiac, Michigan, 48053,
hereinafter referred to as the "LESSOR", and the CITY OF SOUTHFIELD,
Michigan Municipal Corporation, whose address is 26000 Evergreen
Road, Southfield, Michigan, 48076, hereinafter referred to as the
"LESSEE";
WITNESSETH:
WHEREAS, the County of Oakland and the City of Southfield
entered into a Lease dated May 3, 1978; and
WHEREAS, the County of Oakland and the City of Southfield
desire to extend the lease; and the Lessor hereby leases to the
Lessee for a period of five (5) years, commencing May 4, 1983, the
following described lands, to-wit;
A parcel of land being Part of "Oakland Gardens
Sub.", a subdivision of the E 1/2 of SE 1/4 of
Section 13, TIN, R10E, City of Southfield, Oakland
County, Michigan, as recorded in Liber 34, Page 8
of Plats, Oakland County Records, and also Part of
"Woodlands Park Sub.", a subdivision of the W 1/2
of SE 1/4 of Section 13, TIN, R10E, City of Southfield,
Oakland County, Michigan; as recorded in Liber 37,
PlEe 40 of Platr, Oak:land County Records. Further
described as beginning at the SE corner of Lot 84
"Oakland Gardens Sub." also being the intersection of
the north right of way line of San Quentin Avenue and
the west right of way line of Greenfield Road; thence
S 89 55' 00" W along said San Quentin Avenue north
right of way line 1256.34 ft. to a point; thence
N 1 0 03' 47" W 5.0 ft. to a point; thence S 89 ° 55' 00"
W 330.04 ft. to the SW corner of Lot 219 "Woodlands Park
Sub,."; thence N I ° 03' 47" W 773.09 ft. along the
westerly lot lines ofLots 219 through 231 inclusive and
the westerly lot line of the E 1/2 of Lot 133 of 'Woodlands
Park Sub." to a point, said point also being the
southerly right of way line of Catalpa Drive; thence
N 89 19' 00" E 330.00 ft. along the southerly right of
way line of Catalpa Drive to a point; thence N 88 13'
00" E 596.0 ft. to a point along the southerly right of
way line of Catalpa Drive; thence S I ° 03' 00" E 305.00
ft. to a point; thence N 88 ° 13' 00" E 660.46 ft. to a
point on the westerly right of way line on Greenfield
Road. Said point also being 305.00 ft. south of the
NE corner of Lot 44 "Oakland Gardens Sub."; thence S •
10 03 00" E 513.78 ft. to the point of beginning.
Containing approximately 24.96 acres and otherwise known
as Part of Tax Parcels 24-13-404-013 and 24-13-426-001
City of Southfield Tax Rolls.
Subject to the following conditions;
1, Such lands (Inc any and all improvements thereon shall
be used by the Lessee to accommodate recreational activities,
2, Lessee shall have the right to prepare such land and
facilities to make the land presentable for recreational purposes,
as are appropriate, and to construct on said lands, bleachers, stands
for refreshments, sanitary facilities and any other necessary
facilities to make the land presentable, as outlined on Master Plan
dated May, 1978, said structures and improvements to be not of a
Permanent nature and any major changes to the original Master Plan
must have Oakland County Board of Commissioners' approval.
3. The Lessee agrees to pay to the Lessor as rental under
this lease, the sum of One ($1.00) Dollar per year for each year this
Lease is in effect, payable when this Lease is executed and a like
mount each year thereafter,
4. Lessee agrees that the erection, maintenance and
operation of any and all buildings on the premises herein described
shall be the sole responsibility of the Lessee and that said
buildings and structures shall all be removed by the Lessee upon
the tennincitiofi of this Lease. All buildings Gi16 stcuctures 6hich -
have not been removed upon termination of this Lease shall become
the sole property of the Lessor.
5. Lessee shall not mar or in any manner deface the
Property or premises and shall not cause anything to be done whereby
said premises or property shall in any manner be marred or defaced,
and at the expiration or cancellation of the Lease, Lessee shall
surrender the premises and property in a decent, safe and sanitary
condition.
6. Lessee must provide suitable off-street parking and
said parking must be made available for the intended users of the
property.
7, Lessee agrees to comply with all applicable city
ordinances covering the described premises,
8. Lessee has the right to sublet the described premises
By:
'Donald. F. FracaSsi,Ptuor
provicing the financial consideration does not exceed One ($1,00)
Dollar per year, and the sublease has the approval of the Lessor.
9, The Lessee agrees to indemnify and hold harmless the
Lessor from any liability for damages to any person or_property in,
on or about said leased premises from any cause whatsoever; and
Lessee will procure and keep in effect during the term hereof public
liability and property damage insurance for the benefit of the Lessor
in the suliLof One Hundred Thousand ($100,000.00) Dollars per person
and Three Hundred Thousand ($300,000.00) Dollars per occurrence and
One Hundred Thousand ($100,000.00) Dollars property damage insurance'
resulting from any one occurrence. Lessee shall deliver said
policies to the Lessor.
10. If the Lessee desires to extend this Lease for any
period of time after the first five (5) years, then he shall give
written notice of such desire to the Lessor at least thirty (30) days
before the expiration of this Lease.
11. This Lease may be cancelled or terminated by either
Party by giving a six (6) month written notice to the other Party.
In no event shall the cancellation be effective before September 1
of any year.
IN WITNESS WHEREOF, the Chairman and Clerk of the Board of
Commissioners of the County of Oakland in the State of Michigan, on
behalf of said County, have executed this lease in pursuance of
Miscellaneous Resolution No. , Passed by the Board of
Commissioners on the day of A,D., 1983, said
resolution being on record in the Journal of the Board of Commissioners
in the Office of the County Clerk in the Courthouse in the City of
Pontiac, Michigan, and Donald F. Fracassi, Mayor of the City of
Southfield, has executed this Lease for said Municipal Corporation.
COUNTY OF OAKLAND, a Michigan CITY OF SOUTHFIELD, a Michigan
Constitutional Corporation Municipal Corporation
By;
--Rianard R. Wilcox, Chairren
Oakland County Board of Comissioners
and
BY:
Lynn D. Allen, Clerk
Oakland County Board of Comissioners
Patrick G, Flannery, Clerk
WITNESSES: WITNESSES:
STATE OF MICHIGAN)
) ss
COUNTY OF OAKLAND)
On this day of , 1983, personally
appeared Richard R. Wilcox and Lynn D. Allen and did say that they are
the Chairman and Clerk, respectively of the Oakland County Board of
Commissioners and as such have affixed their signatures to the fore-
cloing Lease, and that said instrument was signed and sealed on behalf
of said County of Oakland, by authority of its fliscellaneous
Resolution No. , dated - , 1983, and
acknowledged said instrument to be the free act and deed of said
County of Oakland,
Evelyn Yvonne Stewart
Notary Public, Oakland County,
Michigan
My commission expires May 30, 1984
0 3140 May 19, 1983
Moved by Hobart supported by Perinoff the resolution be adopted.
AYES: Lanni, McDonald, McPherson, Moffitt, Moore, Nelson, Page,
Perinoff, Pernick, Price, Rewold, Wilcox, Aaron, Caddell, Calandro, Doyon, Foley,
Fortino, Geary, Gosling, Hobart, Jackson, R. Kuhn. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution 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
- Miscellaneous Resolution #83140 adopted by the Oakland County Board of Commissioners
at their meeting held on May 19, 1983
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
19th d ay o f May
47,
)983
LYNN De/ALLEN, County Clerk/Register of
this