HomeMy WebLinkAboutResolutions - 1978.12.21 - 12633Miscellaneous Resolution 8706 November 30, 1978
BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairperson
IN RE: 52ND DISTRICT COURT, 4TH DIVISION - CITY OF CLAWSON LEASE AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, by Miscellaneous Resolution 8188 of October 11, 1977
in which the Oakland County Board of Commissioners supported that the
49th District Court become the 52nd District Court, 4th Division; and
WHEREAS, the permanent District Court facilities in the City
of Troy City Hall have not been completed and temporary space is required
since the 52nd District Court, 4th Division was established on November 1, 1978;
and
WHEREAS, your Committee has reviewed the lease agreement between
the County of Oakland and the City of Clawson for temporary space.
NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland
County Board of Commissioners hereby be authorized to execute the necessary
documents for temporary lease space at the City of Clawson, City Hall for
the 52nd District Court, 4th Division.
The Planning and Building Committee by Richard R. Wilcox, Chairperson,
moves the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Richard R. Wilcox, Chairperson'
, ocen -s,ied -J Pv the o„„hu District Court for a term of rive
Hundred and 300/1 00 Dollars (-5,',.,600 ..00) payable monthly at a ra - of One
LEASE
THIS 11E. AGREEMENT made and executed this 21st
Clay of December A. 30 19 78 , by and between The City of CThwson,
"Lessor", and the COUNTY CT UAKLAND, a T':ichigan Constitutional Corporation
(hereinafter referred to as the "Lessee");
v,-HT=SSETL:
WITTEAS, i:he ceases desires to provide space to house the District
Court for the 52nd Judicial District ( 4th bids Ton ), Lehland County,
Michigan; and
WHEREAS, the Lessor, The City of Clawson and the Lessee, Davis,
accepted Lessor's proposal to provide said space, on a five (5) month
lease basis, commencin7 November 1, 1978 and consisting of 2280 s _
square feeL , of oompletelyairnished floor space, for the use of, and occu-
pancy by, said. District Court;
TT TS THEREFORE AGREED by and between the parties hereto, in
consideration of the tonics, condiLions, covenants and agream,,..,hts herein-
after set forth that
I. The Lessor does hereby let and lease to the Lessee a portion
4 ,4 b u ilding , - 41 r:4 .Lnut• satu iHtskrict Court: 52nd ,cost- ing of 22130
soua-re (-HE w-HgkiPg -urea eerfmnde with the existing space car- - - "- I- -
--g- H. months -n L, ..Ljt and ending on the ,list dav of
March, 1979;
Lessee ,Jos, Li\ a gree here i,
1,essor, for said District Court, for the aforesaid term, and covenants
to ray I „a,- the lessor rent therefore in the total sum of aeven Dix
Thousand :Lye Hu ncir e ± en -iV and NO/ 100 ,ars ((=1 ,520.-00)per month.
I. Lessee may extend the term of the lease under the same terms
and conditions if the Lessee is unable to provide space to house the 52nd
District Court„ at the expiration of this lease and pay a sum of
One ,Thousand. ifve_Hundred Twenty _and Nori_00 sp .,9(4 per
month during the extension of this lease,
That Lessee agrees and covenants as follows:
1, That it will not bermit the use of said leased premises
in any manner which will substantially increase the rate of insurance
thereon, or for any purpose which may result in a violation of local,
state, or federal laws, rules or regulations now or hereafter in force
and applicable thereto; and, Lessee shall hold the Lessor harmless and
indemnified at all times against any loss, cost, damage or expense by
reason of any accident, loss, casualty or damage to any berson or proT)-
erty, through any use, misuse, or non-use of said leased premises or by
reason of any act or thing done, on, in or about said leased premises
or in relation thereto;
2. That the Le5see- shall observe all reasonable regulations
ad requirements of underwriters concerning the use and condition of
said. premises, tending to reduce fire hazards and insurance rates, and
not to permit, cause or allow any rubbish, waste material or products
to accumifiate on or about said premises;
That the I.055ee shall neither sublet nor, assign le in-
terest or use of said. premises, or any part thEY'eof, without the Drier
written consent of Lessor endorsed hereon;
That the Lessee 5hall allow the Lessor full access to and
about the leased premises, during regular business hours, for the pur-
pose of making inspections and such repairs as be may be required
to make, 1-provided Lessor shall not unnecessarily. or unreasonably disrupt
the nsua ..L operations of the Court in the performance thereof;
That the Lessee shall use and occupy said leased premises
as and for said District Court only, and for such operations and offices
necessarily related thereto, except that use and occupancy of thi.-3 cow ,t
sinall be 1;mite 0 to t h e hours of 3:00 Af'1,. to ('):Ilfl P.M.
That the Lessee and Lessor shall provide liability and
property damage insurance oovering their sepai ,ate oper'ations with re-
spect to the property leased hereunder,
TTT
IV, The Lessor agrees and on as follows:
1— That the Lessee, on payment of the rental at the time
and in the manner required hereunder and performing all covenant I -nada
herein by it, may peacefully and Quietly have, hold and enThy the
said demised premises for the aforesaid term and purpose;
2 That the Lessor shall provide suitable locks for all doors
Is the offices of the District butt Judge, the a)urt Administrator,
and to the Jury Room, with only authorized Cnurt personnel and the Lessor
having access keys to said offices and rooms; the Lessor to use said
keys and enter said offices and rooms for authorized inspections, re-
pairs, maintenance and/or cleaning only;
3, That the Lessor will be solely responsible for all main-
tenance of the:leased space, including the parking area the removal of
snow and ice from the parking area, all custodial services, including
suPpl -Tes, on a daily basis and assume the costs of heat, electricity and
, water, and include the use of existing furniture that is currently being
used by said District Court,
4, That Lessee shall have access to the leased space for
courin purposes between the hours of 8 a,m, and 6 p.m,, Monday through
Friday; and, Lessee will have the use of the conference and jury - room
and upon having previously scheduled the room for such jury or conference
room purposes through the office of the City Clerk, a minimum of two (2)
weeks prior to the date of such usage,
5. That the Lessor shall provide 'bonded" custodial services,
the general interior cleaning to be done after regular working hours, of
the District Court;
6. That the Lessee may attach, install or erect, on interior
and exterior walls of the premises, such signs as may be reasonably nec-
essary to identify the Lessee and premises and to dj.rect its personnel
and the public to specific areas the:recf:
That Lessor and Lessee mutually agree and covenant as
follows:
PA Alert.
, • • , • . • .• . •. . .
alic16,vg00(L.
, k -••
Th;
JApe Setterington i
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t
a St
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9/15 1 80
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nrrE•H -nH, a1-tieed
aT -.7,nrn ,r,et.t was .cf its 7:-.'lisee'nfaneou
NDvemiDs , 31), 1 9
N,4:1LA.44A_CL.
Bernal:11.1-1e '11wa.ro: (..Wacha 1 )
That, if (Thring the term of this lease, the leased s.
premises should be destroyed or rendered wholly untentantahle by the
elements, by ur oLner causes nf--t the :7aulL or —rie Lessee , to
the e7teht that saird premises cannot be restored and repaired with'en
thirty (30) days, to this lease shall be voidable, at Lessee's oljtion
as of the date of such destruction, and the Lessee shall immediately
vacate said premises, paying rent to the date of surrender of possession
thereof, in the event Lessee elects to so terminate;
And, that, it during said term the leased premises should be
rendered partially =tenantable, because of said causes, the Lessor
shall repair and restore the same at all convenient speed, and the
Lessee shall he responsible for rent during said repairs and restoratiocr
:15 car ii er'ners •have each enuser.n .:L:71E
this Thstrument bv its dulv authoriited nffiers,
,4riften.
This Lease has been executed in dulD.1 -icate,
d
Ccf 'ITnilfflAj‘j)
) Si.
COUNTY OF
OP. this 30t,h, dav March 197q, personally
A41. a y or
aF: such has aFfixi 17 nian'inrrc.I.
<.ieicg Lease and al..n_.-ledges said instrument the frec act and
of the City c-c
A, Douglas Brown -- " . en d
• • bin c. January 2 9 , 1980 „.
STTE OF MTCHJGAN)
COUXTY OF OAKLAND)
On this
Gaihior,
Boa -rd 0 1,
?ase, dfl
2706 date
act ani
C:ommds.7ti= Et>:
48706 November 30, 1978
Moved by Wilcox supported by Patterson the resolution be adopted.
The Chairperson referred the resolution to the Finance Committee. There were
no objections.
FISCAL NOTE
BY: FINANCE COMMITTEE, PAUL E. KASPER, CHAIRPERSON
IN RE: 52ND DISTRICT COURT, 4TH DIVISION - CITY OF CLAWSON LEASE AGREEMENT -
MISCELLANEOUS RESOLUTION 118706
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 148706 and finds the lease agreement
referenced covers a period of November 1, 1978 through March 31, 1979,
with a monthly renewal option thereafter. Said lease is with the City
of Clawson and is to provide space for a portion of the 4th Division
of the 52nd District Court. Total cost of the five month lease is
$7,600 or $1,520 monthly. Pursuant to Rule XI - C of this Board, the
Finance Committee finds $3,040 available in the 1978 Contingent Fund -
said funds to be transferred to the Rent line-item in the 52nd District
Court 4th Division's Budget, The Finance Committee further recommends
$4,560 be included in the 1979 Budget for the purposes of funding the
lease with the City of Troy.
FINANCE COMMITTEE
Paul E, Kasper, Chairperson
#8706 DeceMber 21, 1978
Moye4 by .wcox supported by Patterson the report ba accepted and Resolution
#8706 be adopted.
AYES: Doyon, 'Gabler, Gorsltne, Hoot, Kasper, Kelly, Lanni, McConnell, McDonald,
Moffitt, Montante, Moxley, Murphy, Page, Patterson, PeterSon, Simson, Wilcox, Aaron, (19)
NAYS: Fortino, Daly. (2)
A sufficient majority having voted therefor, the report was accepted and
Resolution #8706 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
Miscellaneous Resolution #8706 adopted by the Oakland County Board of
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Commissioners at their meeting held on December 21, 1978
00 0000000000000 006•0••00000120.0•6•••••10000••••00••00•0•00.••• 00000 0* •• ea 06
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
21st December 78 ths 0000000 „day of................19....
Lynn D. Allen .,. Clerk
By00•0•000 et.* 000•000•00•000.000003 ..Deputy Clerk