HomeMy WebLinkAboutResolutions - 1978.12.21 - 12634Miscellaneous Resolution 8707 November 30, 1978
BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairperson
IN RE: 52ND DISTRICT COURT, 4TH DIVISION - CITY OF TROY 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 City of Troy will furnish court facilities for three (3)
District Court judges in the City of Troy City Hall which will be available for
occupancy approximately April 1, 1979; and
WHEREAS, your Committee has reviewed and is recommending a five (5) year
lease agreement between the County of Oakland and the City of Troy.
NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County
Board of Commissioners is hereby authorized to execute the necessary lease
agreement for the 52nd District Court, 4th Division facilities in the City of
Troy City Hall,
The Planning and Building Committee by Richard R. Wilcox, Chairperson,
moves the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
leRichard R. ilcox, Chairperon
LEASE
THIS LEASE AGREEMENT made and executed this 16th day of
October , A.D. 19 78 , by and, between the CITY OF TROY
"Lessor" and the COUNTY OF OAKLAND, a Michigan Constitutional Corporation (herein-
' after referred to as the "Lessee";
. WITNESSFTH:
WHEREAS, the Lessee desires to provide space to house the District Court for
the 52nd Judicial District, Fourth (4th) Division, Oakland County, Michigan; and,
WHEREAS, the Lessor having accepted Lessee's request to provide said space,
on a five (5) year lease basis, commencing November 1,.1978 and consisting of
2,083 square feet of completely finished floor space as shown in attached
Exhibit "A", for the use of, and occupancy by, said Division of the District Court,
between the hours of 8 a.m. and 6 p.m. daily; and
WHEREAS, the Lessor has currently under. construction and has accepted Lessee's
request for additional space of 8,006 square feet as shown in the attached
Exhibit "B", on the aforesaid five (5) year lease term from and after completion of
construction and interior decoration which is now scheduled for April 1, 1979;
WHEREAS, the Lessor has accented Lessee's request for additional space of
204 square feet of completely finished conference roam space as shown in the
attached Exhibit "C", on the aforesaid five (5) year lease term, to be used
as a third jury room on a daily basis as needed by said District Court.
IT IS THEREFORE AGREED by and between the parties hereto, in consideration
of the terms, conditions, covenants and agreements hereinafter set forth that:
I, The Lessor does hereby let and lease to the Lessee portions of said
buildings as shown in Exhibits A, B and C, for said division of said District Court
consisting of 10,039 square feet of area, in conformance with the express
requirements hereto set forth by Lessee; for a term of five (5) years, said
term commencing ten (10) days after written notice is given. to Lessee that said
newly constructed premises are ready for occupancy, and ending on the day and
date five (5) years from the 'day and date of commencement; the address of said
District Court to be 500 West Big Beaver Bond, Troy, Michigan 48084.
II. The Lessee does hereby agree to lease said premises from Lessor for
said District Court, for the aforesaid term, and covenants to pay the Lessor
rent therefore, ns indicated in the following schedule upon assuming use, occupancy,
and/or possession of said leased premises, or portions thereof, as provided in said
schedule:
Building Area
SCHEDULE OF RENTAL RATES
Rate Per Day Monthly Rate Annual Rate
Exhibit "A" (Council Chmtbers) $ 45.00
Exhibit "13" (New) 176,00
Exhibit "C" (Conf. Roam) 5.00
Parking, etc. 33.85
TOTAL $ 260.00
$ 938.00
3,653.00
Bill as needed
705.17
VT,`79-6".00
$ 11,256.00
43,951.00
Bill as needed
8,462.00
$ 63,669.00
Payment shall be made to Lessor in advance, 'Onthat;77. and, provided, furtner,
that during the lease term, rent payments will be adjuste,i =ward or downward in
the same nroportionate ratio unwrd or downward changes in the cost of labor,
sunnlies, utilities and insurance, said upward or downward adjustments to be
made effective annually by Lessor, the first annual adjustment being used on the
Change in said costs between April 1979 and March 1960 for the succeeding monthly
payments until additional 'annual adjustments are made as indicated by cost
increases during March of the years of 1961, 1982, and 1983 and for all subsequent
said months for years in which the contract remains in effect:
NOV 4
III. The Lessee agrees and covenents as follows:
i) That it will not permit the use of said leased premises in any manner
which will substantially increase the rate of insurance thereon, or for any purpose
which ,y result in a violation of local, state, or federal laws, rules or regu-
lations now or hereafter in force and apnlicable thereto; and, Lessee Shall hold the
Lessor harmless and indemnified at all times Pgainst any loss, cost, damage or ex-
pense by reason of any accident, loss, casualty or damage to any person or property,
through any use, misuse or non-use of said leased prarises e or by reason of any
act or thing done, on, in or about said leased premises, or in relation thereto;
• 2) That the Lessee sh2 11 observe all reasonable regulations and 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 accnuulate on or about said premises;
3) That the Lessee shall neither sublet nor assign the interest or use of
said premises, or any part thereof, without the prior written consent of Lessor
endorsed hereon;
4) That, shon2d Lessee hold over said premises after the expiration of said
lease term, without renewal thereof in writing, for a period of one (1) month or
more, the Lessee shall be deemed a tenant for calendar month to calendar month at
the SMD9 terms and conditions as provided. herein.
-3-
5) That Lessee shall furnish, at its own expense, all such furniture, equipment
and furnishings, as it deems advisable; and, such furniture, equipment and furnish-
ings furnished by Lessee shall be maintained and repaired by Lessee, and shall remain
in its ownership and possession; and, furnishings, equipment and furniture provided
by the Lessor shall be maintained and repaired by Lessor and shall remain in
Lessor's ownership and possession;
6) That the Lessee shall allow the Lessor full access to and about the leased
premises, during the regular business hours, for the purpose of making inspections
and such repairs as Lessor may be required to make, provided Lessor shall not necessarily
or unreasonably disrupt the usual operations of the Court in the performance thereof;
.7) That the Lessee shall keep the leased premises in as good repair as
the same shall be at the commencement of the term, wear and tear from the reason-
able use of same, and damage by the elements excepted;
8) That Lessee shall make no alterations or improvements to or upon said
leased premises without the prior written consent of the Lessor;
9) That all improvements made to or upon the leased premises shall become an
integral part thereof, and shall belong to the Lessor upon termination of the
lease, unless otherwise agreed by the within parties, in writing, at the time said
alterations or improvements are approved by the Lessor;
10) That nothing in this lease shall authorize the Lessee to do any act .
which shall in any way encumber title of the Lessor in and to the premises, nor
shall the interest of the Lessor be in any way subject to any claim of lien or en-
cumbrance, whether claimed by operation of law or by virtue of express or implied contrac -
by the Lessee, and any claim to a lien upon the premises, arising from any act or
omission of the Lessee, shall accrue only against the leasehold estate of the Lessee
and shall in all respects be subject to the paramount title and rights of the Lessor
in and to said premises,
The Lessee further agrees and covenants that it shall not enter into any
contract with any person, firm or corporation, for labor, service or material in
connection with any building or improvements upon said premises, which contract in-
volves an amount in excess. of $100, unless it shall be stipulated in and be a condi-
tion of such contract that no lien shall arise, attach or be claimed on account of
such contract on account of any work done or materials furnished under such contract
as against the title or interest of the Lessor in the premises, unless it shall be
agreed in such contract that the contractor, person, firm or corporation entering
into such contract shall, by the terms thereof, waive any or all right or claim to
the lien on said premises, so far as the Lessor's interest thereon is concerned,
and that any lion whichmny arise or be claimed under such contract shall attach
only to the leasehold interest of the Lessee; and, the Lessee agrees that it will
-4-
• Cause Waivers of liens as against the interest of lessor on the premises to be duly
executed by contractors furnishing labor, services or materials in or about the
work so involved upon such buildings or improvements, and to be furnished to
Lessor. as soon as any contractor shall commence performance of such work, or the
furnishing of such material, in all cases wherein the absence of such waiver,
such person, firm or corporation might claim a lien on the interest of the Lessor
in or to said premises;
11) That, if the Lessee desires to further lease said premises after the
term hereof, the Lessee shall give written notice thereof to the Lessor at least
six (6) months prior to the expiration date of such term,. or extensions or renewals
of same, if any,
12) 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,
unless the Lessor should give further written consent for any deviation of such use
and occupancy.
13) That Lessee shall have access to the City Council Chambers (Exhibit "A")
for court purposes between the hours of 8 a.m. and 6 p.m., Monday through Friday; and,
Lessee will have the use of the mini-conference roam as shown in Exhibit C only during
those times when necessary for the use as a jury room and upon having previously
scheduled the room for such jury room purposes through the office of the City Clerk,
a minimum of two (2) weeks prior to the date of such usage; provided further that
lessee may, from time to time and during other hours of the day, schedule use of City
Council Chambers shown in Exhibit "A" for purposes required by the regular functions
performed by the District Court; said scheduled use to be submitted for approval by
the City Manager through the office of the City Clerk two (2) weeks in advance of the
scheduled date of said usage, which in no event will interfere with the normal meeting
of the City Council and the various boards and committees of the City of Troy.
14) That the Lessor, may from time to time, schedule use of court rooms shown
in Exhibit B for meeting purposes as required by the various general government
purposes and functions performed by Lessor for the inhabitants and citizens of the
City of Troy, said scheduled use to be submitted for approval by the presiding judge
of the Fourth Division through the office of the Court Administrator two (2) weeks in
advance of the scheduled date of said usage, which in no event will interfer with the
normal hours of operation of the District Court;
IV. The Lessor agrees and covenants as follows:
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1) That the Lessee, on payment of the rental at the time and in the manner
required hereunder and performing all covenant made herein by it, may peacefully
and quietly have, hold and enjoy the said demised premises for the aforesaid term and
purpose;
2) That the Lessor shall have and maintain fire and public liability insurance
• for damages resulting from Lessor's negligence;
3) That the Lessor shall provide suitable locks for all doors to the offices
of the District Court Judge(s), the Court Administrator, and to the Jury Roam, with
only authorized Court personnel and the Lessor having access keys to said offices
and TOOMS; the Lessor to use said keys and enter said offices and rooms for
authorized inspections, repairs, maintenance and/or cleaning only;
4) That the Lessor shall provide "bonded" custodial services, the general
interior cleaning to be done after regular working hours of the District Court, said
services to be provided at the same quality and standard as those provided for
Troy Municipal offices.
5) That, at the time of commencement of occupancy of the newly completed
leased premises, all portions thereof will conform to all local, county and state
fire codes and building codes, and that this lease and said premises will conform
with Public Act 190 of 1974, amending Public Act 1 of 1966, regarding accommo-
dations for the handicapped;
6) That the Lessor will be solely responsible for all maintenance of the
leased space, removal of snow and ice from the parking area, all custodial
services, including supplies, on a daily basis and assume the cost of heat,
electricity and water;
7) That the Lessor shall invoice Lessee monthly and 15 days prior to the
due date.
V. That Lessor and Lessee mutually agree and covenant as follows:
1) That, if during the term of this lease, the leased promises should be
destroyed or rendered wholly untenable by the elements, or by fire or other
causes not the fault of the Lessee, to the extent that said premises cannot be
restored and repaired within thirty (30) days, then this lease shall be voidable,
at Lessee's option, 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, if during said term, the 12ased premises should be rendered partially
untenable, because of said causes, the Lessor shall repair and restore the same at
all convenient speed, and the Lessee shall be responsible for rent during said
repairs and restoration.
2) That, if Lessor, finds it impossible to complete construction and
- finishing of the space herein required, within the time specified (or as may
be extended in accordance herewith), the Lessor may, at any time, prior to the
expiration of such time, as extended, make written requests to the Lessee for
an extension of time setting forth the reasons and justifying same; it being
understood that the mere fact that insufficient time was originally established
is not a valid excuse; and, if Lessee finds that the work was delayed for reasons
beyond control of Lessor, it may grant extensions for completion as the conditions
justify, and such extended time for said completion shall be treated the same as
if originally agreed upon by and between the parties hereto.
TRSSOR
(7) c\
BY: _%_A112.k,111
,
)
STATE OF MICHIGAN)
)ss.
MU= OF OAKLAND)
16th day of October , 19 78 , personally On this
appeared Richard E. Doyle and Kenneth L. Courtney and
Bernadine Twarog (Wachal
Oakland County, Michigan
EN WITNESS WHEREOF, said Lessor and the County of Oakland, Michigan, by its
Board of Commissioners, have each caused its name to be signed to this instrument
by its duly authorized officers, the day and year first above written.
This Lease has been executed in duplicate.
Witness
COUNTY OF OAKLAND, a Michigan'
Constitutional Corporation
Witness
Wallace F. Gabler, Jr., ChairpeiSon
Oakland County Board of Commissioners
acknowledged said instrument to be their free act and deed.
My Cannission Expires June 3, 1980
- „
Patricia A, IKackowski
Notary Public, Oakland
County, Michigan.
STATE OF MICHIGAN)
)ss.
COUNTY OF OAKLAND)
On this 21st day of December , 19 78 , personally
appeared Wallace P. Gabler, Jr. , and did Say
that he is the Chairman of the Oakland County Board of Commissioners and as such
has affixed his signature to the foregoing Agreement, and that said instrument
was signed and sealed on behalf of said County of Oakland, by authority of its
Miscellaneous Resolution No. 7163, dated June 19, 1975, and acknowledges said
instrument to be the free act and deed of said County of Oakland.
My Commission expires: 9/15/80
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COUNTY OF OAKLAND „:
DANIEL T. MURPHY. COUNTY EXECUTIVE
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; 2
January 4 9 1979
CITY OF TROY
500 W. Big Beaver Road
Troy, Michigna 48084
Attn., Kenneth L. Courtney, Clerk
Re: Lease, District Court
Gentlemen:
Enclosed herewitli is an executed copy o the 52nd JudtcW
District, Fourth Division Court - City of Troy Lease Agreement
adopted by Oakland County Board of Commissioners Resolution
#8707 at their meeting of December 21, 1978.
Thank you for your cooperation.
'velyn S
Property
wart
arlagement
ES/bw
enclosure
cc: J. Madole
Division of Property Management and Community Development
1200 NORI`H TELEGRAPH ROAD, PONTIAC, MGAT 0069
(313) 858-0493
#8707 November 30, 1978
The Chairperson referred the resolution to the Finance Committee. There
were no objections,
FISCAL NOTE
BY: FINANCE COMMITTEE, PAUL E. KASPER, CHAIRMAN
IN RE: 52ND DISTRICT COURT, 4TH DIVISION - CITY OF TROY LEASE AGREEMENT -
MISCELLANEOUS RESOLUTION #8707
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #8707 - Lease Agreement with the City of Troy and
finds:
1) Said lease is for five (5) years commencing upon completion of the
Troy Court Facility anticipated to be April 1, 1979, through March 31, 1984.
2) The lease is to provide 10,089 square feet of office space and
associated parking area at an annual average cost of approximately $6.32 per
square foot for operation of the 4th Division of the 52nd District Court.
3) Annual cost for the first year of this lease is $63,669. Subsequent
lease costs are subject to cost increases for providing space as determined
by the City of Troy.
4) The price for the lease is to recover costs, including construction
cost of the facility.
5) Cost for said lease in 1979 is anticipated to be $47,752 or 75% of
annual cost.
Pursuant to Rule XI-C of this Board, the Finance Committee recommends
$47,752 to be included in the 1979 Budget - 4th Division, 52nd District Court
Rent line item.
FINANCE COMMITTEE
Paul E. Kasper, Chairman
#8707 December 21, 1978
Moved by Wilcox supported by Patterson the report be accepted and Resolution
#8707 be adopted.
AYES: Gabler, Gorsline, Hoot, Kasper, Kelly, Lanni, McConnell, McDonald,
Moffitt, Montante, Moxley, Murphy, Page, Patterson, Peterson, Simson, Wilcox, Aaron,
Doyon, (19)
NAYS: Fortino, (1)
A sufficient majority having voted therefor, the report was accepted and
Resolution #8707 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 #8707 adopted by the Oakland County Board of
•n •••••40.6.001:ao•a ea** a'o a.v.Baa•eaaa.p ....a moo aematt•a
Commissioners at their meeting held on December 21, 1978
O• • •11.2000-•“••• ma•aom ono. ace on east. am.••010. p••••••••••••••n•••••••••••••••
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
2Ist December Q 78 , this.....................day
Lynn D. Allen......................Clerk
BY.Ormeed4apoolbowel• ........ ----Deputy Clerk