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HomeMy WebLinkAboutResolutions - 1979.02.15 - 12310NOTE BY: FINANCE COMMITTEE, DENNIS MURPHY, CHAIRPERSON IN RE: RENEWAL OF LEASE AGREEMENT - 52ND DISTRICT COURT, 1ST DIVISION MISCELLANEOUS RESOLUTION #8790 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 #8790 and finds the lease agreement referenced covers the period of July 1, 1978 to June 30, 1980. The lease is to expire contemporaneously with other leases for the 52nd District Court, 1st Division. The annual cost of said lease is $5,460; an increase of $1,356 over the prior cost. The 1979 cost of $5,460 for said lease was provided for in the 1979 Final Budget for the 52nd District Court, 1st Division. The retroactive costs for the period of July 1, 1978 through December 31, 1978 is $678. Said lease provides for certain alteration work including paving of a portion of the parking lot to be done at the lesee's expense if the lessor so approves. Said lease also requires the lesee to move the portable building and all its related structures to restore the area to its prior condition on termination of the lease period. These costs are not provided for in subject lease and would require a separate resolution and appropriation. The Finance Committee finds $6,138 available to fund said lease as follows: $5,460 in the District Court, 1st Division's 1979 Budget and $678 available from the 1979 Contingent Fund. Said $678 is to be transferred to the Rent line-item in the District Court, 1st Division's Budget. FINANCE COMMITTEE Dennis Murphy, Chairperson 4 A. Richard R. Wilcox, Chairpersdn February 1, 1979 8790 Miscellaneous Resolution BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairperson IN RE: RENEWAL OF LEASE AGREEMENT - 52ND DISTRICT COURT, 1ST DIVISION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the Board of Commissioners by Miscellaneous Resolution 6994, dated March 6, 1975, entered into a lease agreement with the City of Walled Lake to provide additional space for the 52nd District Court, 1st Division; and WHEREAS, the current lease for the use of the City of Walled Lake Council Chamber and vacant property at 1499 West Maple in the City of Walled Lake expired midnight June 30, 1978; and WHEREAS, your Committee has been negotiating with the City of Walled Lake to renew the lease agreement for a two year period; and WHEREAS, your Committee recommends that said lease between the City of Walled Lake and the County of Oakland be executed. NOW THEREFORE BE IT RESOLVED that the Chairperson of the Board of Commissioners be and hereby is authorized and directed to execute said lease (a copy of which is attached hereto) between the City of Walled Lake and the County of Oakland to house the 52nd District Court, 1st Division. The Planning and Building Committee by Richard R. Wilcox, Chairperson, moves the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE E HERRN APPROVE THE FOREGOING RESOLUVO"' L • LEASE OF FACILITIES FOR ,779 i2 9 4 c, THE USE OF THE 52nd DISTRICT COURT__ ElL;uTYCL. '!.L.RK • This Agreement is made this 1st day of July , 1978, by and en THE CITY OF WALLED LAKE, a municipal corporation, herein called the Lessor, HE COUNTY OF OAKLAND, a Michigan Constitutional Corporation, the District Control t having responsibility for the 52nd District Court of the State of Michigan, herein ailed the Lessee. 1. Lease of Premises. The Lessor agrees to lease to the Lessee and the Lessee agrees to lease from the Lessor, for the benefit of the 52nd District Court of the State of Michigan, the following premises located in the City of Walled Lake, Oakland County, Michigan: a. The Council Chambers of the City of Walled Lake located in the City Hall at 1499 West Maple Road, Walled Lake, Michigan, to be occupied and used as a Court Room in accordance with the terms and conditions of this Lease. b. A parcel of land adjacent to the north wall of the City Council Chambers and to the northeast corner of the present Court facilities adjacent to the City Hall sufficient to maintain a twenty (20) foot by forty (40) foot portable office building with connecting hallway and roof for the exclusive use of the 52nd District Court personnel engaged in Court and related operations. c. All access to the Court premises shall be through the main entrance of the Court, the west wing of the City Hall Building. No access to the Court shall be allowed through the City administrative offices. 2. Term. The term of this Lease shall begin on the 1st day of July, 1978, and shall end on the 30th day of June, 1980. 3. Rent. As rent for the premises, the Lessee shall pay to the Lessor the sum of Five Thousand Four Hundred Sixty ($5,460.00) Dollars annually, payable in monthly installments of Four Hundred Fifty-Five ($455.00) Dollars. The first payment shall be due and payable as of July 1, 1978, and a like sum shall be paid in advance on the first day of each month following the beginning of the term as defined in Paragraph 2, during the term of the Lease. 111 411 . 4. Use of Council Chambers. The Council Chambers will be used by the District Court only during the hours beginning at 8:00 A.M. and ending at 6:00 P.M., Monday through Friday, except in case of an emergency. The Lessor shall have the use of the Council Chambers at all other times. 5. Required Alterations. a. Prior to December 1, 1978, the Lessee and the Lessor shall cooperate and share equally in the cost or in division of the required alteration work of. providing an exterior entranceway to the Council Chambers through the existing steel wall at the east end of the portable building. Said improvement to include an approp- riate walkway from the City entrance walkway, landscaping, and entrance door. Said entranceway shall only be used for access for the public attending evening public meetings of the City. b. Paving of the gravel portion of the parking lot adjacent to the westerly entrance drive shall be done by the Lessee at the expense of the Lessee as soon as practical after approval by the Lessor. 6. Utilities. Lessee will be responsible for all utilities for the leased premises using existing systems presently in operation. All costs of said utilities shall be billed by the Lessor to the Lessee monthly, based on a pro rata square foot basis. Lessee will be directly responsible for all utilities, heat and air conditioning in the portable building and the passageway adjacent to that building connecting the present District Court facilities with the north door to the Council Chambers. All such utilities shall be separately metered and billed directly to the Lessee. 7. Maintenance and Repair. 'Lessor will maintain and keep in good repair the leased premises. Lessor will also provide twice weekly cleaning services for the premises including vacuuming of all carpets, dusting and/or wiping of all counters, railings, pictures, and emptying of all waste baskets and rubbish receptacles. The Lessor will wash and/or paint walls and ceilings as required, clean carpeting if needed, clean lighting fixtures and dry clean or wash drapes. The cost of such cleaning services and for more frequent or additional custodial services,if desired by the Lessee, will be paid for by the Lessee at the cost of such services to the Lessor. Except as provided in this paragraph, the Lessee will be responsible for all other maintenance and repair of the leased premises. 8. Drives, S . =alks and Parking Lots. a. • • fhe Lessor shall maintain the drivcways, sidewalks, and parking lots of the City Hall and Court facilities, including Snow removal, provided however Lessee shall share equally with the Lessor any and all costs expended by Lessor for the parking lot striping. 9. Insurance. The Lessor shall provide fire, extended coverage and vandalism and malicious mischief insurance covering the leased premises. The Lessee shall carry such insurance covering the portable building and the passage- way. Both parties shall provide public liability and property damage insurance covering their separate operations with respect to the property s leased hereunder. 10. Signs. The Lessee and/or the 52nd District Court may erect necessary signs on the exterior and interior walls of the property leased hereunder in order to direct the public to proper areas, provided said signs are in conformance with all City Ordinances and regulations. 11. General Conditions. a. The Lessee shall use and occupy the premises only for the purposes for which they are let, shall keep the premises in accordance with all police, sanitary and other regulations imposed by any governmental authority, shall observe all reason- able regulations and requirements of underwriters concerning the use and condition of the premises tending to reduce fire hazards and insurance rates and will not permit or allow any rubbish, waste material or products to accumulate on the premises, and will not assign this Lease or sublet the premises or any part thereof without the consent of the Lessor thereto endorsed hereon in writing. b. If Lessee shall hold over after expiration of the term, any future right of possession not evident by an instrument in writing executed and delivered by the Landlord, shall be a tenancy from calendar month to calendar month and for no longer term. c. If the demised premises become wholly untenantable, through damage or destruction by fire or other cause, this Lease shall be void; if partially untenantable, the Lessor shall repair the same with all convenient speed and the obligation of the Lessee to pay the monthly rental shall continue in full provided such repair shall be completed within sixty (60) days. •nn ir CITY OF WALLED LAKE, Lessor Gasnare LaMarca avor COUNTY OF OAKLAND, Lessee Wallace F...nbler, Jr., Chairm Oakland Count y Board of Commisioners I 4It 411 41. The Lessee, on payment of the rental at the time and in the manner aforesaid and performing all of the fore going covenants, shall and may peacefull y and quietly have, hold and en j oy the demised premises for the term aforesaid. e. The leasehold ri ghts, duties and oblig ations of the County as specified in this Lease shall not be assigned nor sublet in whole or in part without the written assent of the City , such assent shall not be withheld if the Count y is required to remove the 1st Division of the 52nd District Court to another municipalit y in said District. 12. Termination. Upon the expiration or termination of this Lease or of any renewal or replacement hereof, the Lessee shall have the responsibility to remove the portable office building and all related structures and shall restore the area and the land- scaping thereof to the conditions existin g at the date of execution of this Lease. . IN WITNESS WHEREOF, the parties hereto have executed this Contract at the City of Walled Lake, Oakland Count y , Michi gan, upon the date and year first above- stated. Revised 11/22/78 TC February 15, 1979 Moved by McConnell supported by Roth the report be accepted and Resolution #8790 be adopted. AYES: Moore, Moxley, Murphy, Page, Patterson, Perinoff, Pernick, Peterson, Roth, Aaron, OiGiovanni, Doyon, Dunaskiss, Gabler, Gorsline, Hobart, Hoot, Kelly, Lewand, McConnell, Moffitt, Montante. (22) NAYS: None. (0) PASS: Price, Fortino. (2) A sufficient majority having voted therefor, the report was accepted and Resolution #8790 was adopted. 8790 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 • Misceliarnon . Reso1utIon .#8790...adoRted .by_the pakland.County.Board . of ... Commissioners at their meeting held on February 15, 1979 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 15th February 79 this day of 19.... Lynn D. Allen Clerk By Deputy Clerk