HomeMy WebLinkAboutResolutions - 1978.07.06 - 12720Miscellaneous Resolution 8543 July 6, 1978
BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairperson
IN RE: CITY OF SOUTHFIELD - LEASE OF VACANT PROPERTY AT SOUTHFIELD HEALTH
FOR RECREATIONAL PURPOSES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONSERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the City of Southfield has expressed an interest in using
approximately 19.16 acres of vacant property at the Southfield Health Center as
a recreational area, primarily to be used for the Southfield Little League Baseball; and
WHEREAS, the County of Oakland and the City of Southfield have agreed upon
the following area:
Part of "Oakland Gardens Sub" a subdivision of E-1/2 of SE1/4 of Section 13,
T1N, R10E, and part of "Woodlands Park Subdivision" a subdivision of the
W-1-2- of SE1/4 of Section 13, T1N, R10E, City of Southfield, Oakland County,
Michigan. Further described as beginning at the SE corner of Lot 161 of
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 S89° 53' 00" W along said San Quentin Avenue North right
of way line 1586.35 feet; thence N 01 0 03' 47" W along the westerly lot
lines of Lots 219 thru 231, both inclusive, and the westerly line of the
of Lot 133 of Woodlands Park Subdivision 773.09 feet to the south
right of way line of Catalpa Drive; thence N89° 19' 00" E 475 feet along
the south right of way line of Catalpa Drive; thence S01 0 03' 47" W 498
feet; thence N 89° 19' 00" E 470 feet; thence N 01° 03' 47" E 197 feet;
thence N 89° 19' 00" E 638.00 feet to the west right of way line of
Greenfield Road; thence S 010 03' 00" E 518 feet along the west right of
way line of Greenfield Road to the point of beginning. The property
described therein contains approximately 19.16 acres; and
WHEREAS, your Committee has reviewed the lease between the County of Oakland
and the City of Southfield; and
WHEREAS, your Committee recommends said lease to be executed.
NOW THEREFORE BE IT RESOLVED that the County of Oakland approve
the lease with the City of Southfield for recreational activity at the Southfield
Health Center vacant property.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
be and he is hereby authorized and directed to execute the lease agreement on
behalf of the County of Oakland.
The Planning and Building Committee by Richard R. Wilcox, Chairperson,
moves the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
IR4 chard N. Wilcox, Chairperson
LEASE I
;
THIS LEASE, made and entered into this 3en'da>. el 1978, 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, a Michigan Municipal Corporation, whose
address is 26000 Evergreen Road, Southfield, Michigan, 48076, hereinafter referred
to as the "Lessee";
WITNESSETH:
REAS-,-the County of Oakland and the Southfield Little League Baseball,
Inc., a non-profit Charitable Corporation, entered into a Lease dated May 3, 1973,
a copy of which is attached and made a part hereof as Exhibit A; and
WHEREAS, the County of Oakland and the City of Southfield desire to
change the Lessee from the Southfield Little League Baseball, Inc. to the City
of Southfield, and amend the terms and conditicns in the original Lease; and the
Lessor hereby leases to the Lessee for a period of five (5) years, commencing
May .3_,1978, the following described lands, to-wit:
Part of "Oakland Gardens Sub" a subdivision of Ell of SE4 of
Section 13, T1N, R10E, and part of "Woodlands Park Subdivision"
a subdivision of the Wh of SE1/4 of Section 13, TIN, R1OE, City
of Southfield, Oakland County, Michigan. Further described as
beginning at the SE corner of Lot 161 of Oakland Gardens Sub
also being the intersection of the north right of way lire of
San Quentin Avenue and the west right of way line of Greenfield
Road; thence S89 ° 53' 00" W along said San Cauentin Avenne
right of way line 1586.35 feet; thence N 01 03' 47" W along
the westerly lot lines of Lots 219 thru 231, both inclusive,
and the westerly line of the Ell of Lot 133 of Woodlands Park
Subdivision 773.09 feet to the south right of way line of Catalpa
Drive; thence N 89
0
19' 00" E 475 fees along the south right of
way line of Catalpa Drive; thence SOI 03' 477 498 feet; thence
N 89° 19' 00" E 470 feet; thence N 01
0
03' 47" E 197 feet; thence
N 89o 19' 00" E 638.00 feet 8o the west right of way line of
Greenfield Road; thence S 01 03' 00" E 518 feet along the west
right of way line of Greenfield Road to the point of beginning.
The property described therein contains approximately 19.16 acres.
Subject to the following conditions:
1. Such lands and 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
construct on said lands, bleachers, stands for refreshments, sanitary facilities
and any other necessary facilities to 1:.nke the lan,2 presentable, as outlin3, en
said structures
Master Plan dated May, 1978,/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 amount each year thereafter.
4. Lessee agrees that the erection, maintenance and operation of any
and all buildings on the premises hereindescribed shall be the sole responsibility
of the Lessee and that said buildings and structures shall CI be removed by the
Lessee upon the termination of this Lease. All buildings structures Which
have not been removed upon termination of this Lease shall Lome the sole
property of the Lessor.
5. Lessee shall not-mar or in 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 providing 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 sum of 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 30 days before the expiration of this Lease.
-2
STATE OF MICHIGAN)
ss
COUNTY OF OAKLANT)
COUNTY OF OAKLAND, a Michigan
Constittltional CorpoTzt'ion
Wallace----r.'/Ggtler, Jr., Cirman
Oakland County Board of Commissioners
BY: • Clerk
-0Liand County Board of Commissioners
CITY OF SOUTHFIELD, a Michigan
Municipal Corporation
BY: '
—Donald F. Fracassi, Ma
Notary Public, 0,a1
Bernadine Twarog
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 cancella-
tion be effective before September 1 of any year.
IN WITNESS WEIREOF, the Chailman 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. 8543
passed by the Board of Commissioners on the 6th day of July A.D., 1978,
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.
WITNESSES:
On this 26thday of July , 1978, personally appeared Wallace
F. Gabler, Jr., 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 foregoing Lease, and that said instrument was
signed and sealed on behalf of said County of Oakland, by authority of its
Miscellaneous Resolution No.8543 , dated July 6 , 1978, and acknowledged said
instrument to be the free act and deed of said County of Oakland.
My Commission Expires: 9/15/80
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Notary •
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, ..,dand County, Mic
My Commission Expires: du h_V 4 /97 ,7
Pun
STATE OF MICHIGA
ss
COUNTY OF OAKLAND)
On this /5 day of /1-//4y „ 1978, personally appeared
Donald F. Fracassi, and did say that he is the Mayor of the City of Southfield,
a Michigan Municipal Corporation, and as such has affixed his signature to the
foregoing instrument, and acknowledges said instrument to be the free act and
deed of said City of Southfield.
EXHIBIT "A"
LEASE
THIS LEASE, made and entered into this 3rd day of may
A.D., 1973, by and between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, hereinafter referred to as the Lessor,
and SOUTHFIELD LITTLE LEAGUE BASEBALL, INC., a non-profit Charitable
Corporation, hereinafter referred to as the Lessee:
WITNESSETH:
That for and in consideration of the sum of One ($1.00)
Dollar, to it in hand paid, the Lessor hereby leases to the Lessee,
for a period of Five (5) years, commencing may 3,1973 ,
the following described lands, to-wit:
Lots 1 thru 5, both inclusive, Lots 507 thru 519, both
inclusive, Oakland Gardens Subdivision of the East 1/2
of the Southeast 1/4 of Section 13, Town 1 North,
Range 10 East, Southfield Township, Oakland County,
Michigan, as recorded in Liber 34, Page 8 of Plats,
Oakland County Records; and
Lots 133 thru 158, both inclusive, 219 thru 231, both
inclusive, of Woodlands Park Subdivision of the West
1/2 of the Southeast 1/4 of Section 13, Town 1 North,
Range 10 East, Southfield Township, Oakland County,
Michigan; and also
That part of vacated alleys adjacent to said lots and
also any interest the County may have in Selkirk and
Everett Avenues adjacent to said lots.
Subject to the following conditions:
1. Such lands and any and all improvements thereon shall be
used by the Lessee, as a little league baseball park for the playing
of little league baseball by LITTLE LEAGUE BASEBALL, DISTRICT NO. 4,
State of Michigan.
2. Lessee shall have the right to prepare on such land, such
diamonds and facilities necessary for the playing of little league
baseball, and to construct on said lands such bleachers, stands for
refreshments, sanitary facilities, parking areas, and any other
necessary facilities to make the land presentable for playing base-
ball, said structures and improvements to be not of a permanent
nature and the plans for which have first been approved by the
Oakland County Buildings and Grounds Committee of the Oakland
County Board of Commissioners and the Oakland County Board of
Auditors.
3. The Lessee agrees to pay to the Lessor as rental under this
lease, the sum of One (1.00) Dollar per year for eh year this
Lease is in effect, payable when this lease is exe,ated and a like
amount 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 termination
of this Lease. All buildings and structures which have not been
removed upon the termination of this Lease shall become the sole
property of the Lessor.
5. Lessee agrees to comply with all applicable city ordinances
covering the described premises.
6. Lessee shall at all times carry such insurance and in such
amounts as will, in the opinion of the Board of Auditors of Oakland
County, Michigan, be adequate to indemnify the County of Oakland,
its departments, officers and employees against liability of every
name or nature arising by or through the acts or omissions of
Lessee, its officers, agents or employees, copies of said policies
of insurance to be filed with the Board of Auditors of the County
of Oakland.
7. This Lease shall not be transferable or assignable to any
individual, group of individuals, association, corporation, partner-
ship or entity of any kind whatsoever, but shall always be enjoyed
by the original Lessee or forfeited by the original Lessee.
Pau
Boa
.4611111trir A
By :\t-r-L.,./,_,-"„L,L,, ,\
D. Allen, Clerk of its
acray4d-Fr Commissioners
Kb, Chairman of
lissioners
By:
8. If 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 Lessor at least 30 days before the expir-
ation of this Lease.
9. This Lease may be cancelled or terminated by either party
by giving a six 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.6304 , passed by the Board of Commis-
sioners on the 3 day - of May , A.D., 1973, said resolution
being on record in the Journal of the Board of Commissioners in
the Office of the County Clerk thereof in the Courthouse in the
City of Pontiac, Michigan, and Bernie Iversen, Chairman of the
Southfield Little League Baseball, Inc., has executed this Lease
for said Corporation.
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitnal Corporation,
SOUTHFIELD LITTLE LEAGUE BASEBALL, INC.
A non-profit Charitable Corporation,
3
STATE OF MICHIGAN)
) ss.
COUNTY OF OAKLAND)
On this /7-a day of , A.D., 1973, before me
personally appeared Paul E. Kasper and Lynn D. Allen, to me per-
sonally known, who being by me sworn did each for himself say that
they are respectively the Chairman and Clerk of the Oakland County
Board of Commissioners of the County of Oakland, the Corporation
named in and which executed the within instrument, and that the
seal affixed to said instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed on
behalf of said Corporation by authority of its Board of Commis-
,/ // sioners by Miscellaneous Resolution No. ,,, )/- , dated the
day of _ , A.D., 1973, and the said Paul E. Kasper
and LynniD. Allen, Chairman and Clerk respectively, acknowledged
said instrument to be the free act and deed of said corporation.
( /
Notary Public, Oakland County,
Michigan.
My Commissinn
STATE OF MICHIGAN)
) ss.
COUNTY OF OAKLAND)
.1/TY On this day of gliz/ , 1973, before me personally
appeared Bernie Iversen, to me personally known, who being by me
sworn did say that he is the Chairman of the Southfield Little
League Baseball, Inc., the Corporationnamed in and which executed
the within instrument, and that the seal affixed to said instrument
was signed on behalf of said Corporation.
Nbfary Public, Oakland C
MIchigan
My Commission Expires: // 17/Y)-
#8543 July 6, 1978
Moved by Wilcox supported by Moffitt the resolution be adopted.
AYES: Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Hoot, Kasper, Kelly,
Lanni, McConnell, McDonald, Moffitt, Montante, Moxley, Olson, Page, Patterson,
Perinoff, Pernick, Peterson, Price, Wilcox. (23)
NAYS: Roth. (1)
A sufficient majority having voted therefor, the resolution 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 #8543 adopted by the Oakland County Board of
Commissioners at their meeting held on July 6, 1978
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
this h ,day of
Lynn D. Allen..........,...........Clerk
Clerk