HomeMy WebLinkAboutResolutions - 1977.12.15 - 131288297 December 15, 1977 Miscellaneous Resolution
BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairman
IN RE: OFFICE SPACE FOR NMPOWER
TO THE OAKLAND COUNTY, BOARD OF COMMTSSTONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS, the Manpower Programs Division will be employing twenty seven (27)
additional employees; and
WHEREAS, employees of Manpower presently situated at. the new executive office
building will have to vacate the premises temporarily to permit necessary remodeling
work, and
WHEREAS, there is insufficient office space in any County building; and
WHEREAS, Federal Funds are available to cover the full cost of leasing space
and attendant costs thereto, and
WHEREAS, Pontiac Place management will remodel existing office space to meet
Manpower Program needs, and
WHEREAS, the County Executive staff recommends the renting of office space in
the Pontiac Place Building, located at 140 S. Saginaw, Pontiac, Michigan, for a.
period_ of eighteen (18) months at a cost of $2,448.00 per month,
NOW TIEREFORF, BE IT RESOLVED that the Chairman of the Oakland County Board
of Commissioners is hereby authorized to enter into a lease for office space in
the Pontiac Place Building, 140 S. Saginaw, Pontiac, Michigan, to house the
Manpower Program at a cost of $2,448.00 per month, which amount is to include all
custodial, heat and maintenance costs except metered electricity,
The Planning and Building Counit tee by Richard P. Nilcox, Chairman, moves
the adoption of the foregoing resolution.
PLANNING ANT BUILDING COWITITE
RICHARD R. WILCOX, CHAIRMAN
daYofg__ ...January -
'1 tlit
78
Insurance
Bankruptcy
and
Insolveney
Right to
Mortgage
Vest:nip-lien
• (1) .ketzie 'Made this. 4th
by -and between. Telander -Development -Company
612 North Michigan Avenue
Chicago, Illinois 60611
the 'Lessor, hereinafter designated cc the Landlord, and
COUNTY OF OAKLAND, a Michigan Constitutional Corporation
1200 North Telegraph Road, Pontiac, MT 48053
the Lessee, hereinafter designated as the Tenant,
- (2) WITNESSET-1-1: The Landlord, in consideration of the rents to be paid and tha covermnts. and agreements
to be perfsrrned by the Tenant, does hereby lease unto the Tenant the following described premises situated in die
City of Pontiac, County of Oakland, State of Michigan
4,896 Sq. ft. of Sixth Floor office space in the northeast
section of the Pontiac Place Building locatedat 140.S. Saginaw,
Pontiac, Michigan.
,
Term . (3) For the term of Eighteen (18) months
Rent
from and after th 1st day of February ,19 78
fully to be completed and ended, the Tenant yielding and paying during the continuance of this lease unto the Landlord
for rent of said premises for said term, the sum of TWENTY NINE THOUSAND THREE HUNDRED SEVENTY
SIX and 00/100 DOLLARS Per Annum 29 176.00 )
in lad money of the United States payable in monthly installments in advance, upon the 1st day
of each and every month as follows!—
TWO THOUSAND FOUR HUNDRED FORTY EIGHT and 00/100 .($2,44K,00) DOLLARS
on February 1 1978, and a like sum on the first day of each month•
Rent
thereafter for the term of the -lease.
(4) The Tenant hereby hires the said premises for the said term as above mentioned and covenants well and
truly to pay, CT cause to be paid unto the Landlord at the dates and times above mentioned, the rent above reserved.
Assignment
(6) If the Tenant shall default in any payment or expenditure other than rent required to be paid or expended
by the Tenant under the terms hereof, the Landlord may at his option make such payment or expenditure, in which
event the amount thereof shall he payable as rental to the Landlord by the Tenant on the next ensuing rent day
together with interest at 7% per annum from the date of such payment or expenditure by the Landlord and on default
in such payment the Landlord shall have the same remedies as on default in payment of rent_
(7) All payments of rent or other sums to be made to the Landlord shall be made at such place as the Landlord
shall designate in writing from time to time
(8) The Tenant covenants not to assign or transfer this lease or hypothecate or mortgage the same or sublet said
premises or any part thereof without the written consent of the Landlord_ Any assignment, transfer, hypothecation
mortgage or subletting without said written consent shall give the Landlord the right to terminate his lease and to
re-enter and repossess the leased premises.
(9) The Tenant agrees that if the estate created hereby shall be taken in execution, or by other process of law. ny-
if the Tenant shall be declared bankrupt or insolvent, according to law, or any receiver be appointed for the business
and property of the Tenant, or if any assignment shall be made of the Tenant's property for the benefit, of creditors,
then and in such event this lease may be cancelled at the option of the Landlord.
(10) The Landlord reserves the right to subject and subordinate this tease at all times to the lien of any mortgage
or mortgages now or hereafter placed upon the Landlord's interest in the said premises and an the land and buildings
of-which the said premises are a part or upon any buildings hereafter placed upon the land of which the leased premises
form a part. And the Tenant covenants and agrees to execute and deliver upon demand such further instrument or
instruments subordinating this lease to the lien of any such mortgage or mortgages as shall he desired by th e La ndlord
and any mortgagees or proposed mortgagees and hereby irrevocably appoints the Landlord the attorney-in-fact of the
Tenant to execute and deliver any such instrument or instruments for and in the name of the Tenant.
One Hundred Thousand Dollars 100,000.00) for damages resulting to one
Reservation
Care of
Premises
Use s od
°Cell p341-0:,y
• (11) It in understood and agreed between the parties hereto that said premises during the continuance of this lease
• shall be used and occupied for • OAKLAND COUNTY MANPOWER DEPARTMENT •
and for no other purpose or purposes without the written tier:sent of the Landlord, and that the Tenant will not use the premises for any purpose in violation of any law, municipal ordinance or regulation, and that on any breach of this
agreement the Landlord may at his option terminate this lease forthwith and re-enter and reposeese the leased premises.
Fire (12) It is understood and agreed that if the premises hereby leased be damaged or destroyed in whole or in part by
fire or other casualty during the term hereof, the Landlord will repair and restore the same to good - terentable condition
with reasonable dispatch, and that the rent herein provided for shall abate entirely in case the entire premises are untert-
eatable and pro rata for the portion rendered untenantable, in case a part only is untenantable, until the same shall be
restored to a tenantable condition; provided, however, that if the Tenant shall fail to adjust his own insurance or to
• remove his damaged goods, wares, equipment or property within a reasonable time, and as a result thereof the repairing
and restoration is delayed, there shall be no abatement of reettel during the period of such resulting delay, and pro-
vided further that there shall be no abatement of rental sf such fire or other cause damaging or destroying the leased
premises shall result from the negligence or willful act of the Tenant, his agents or employees, anti provided further that
if the Tenant shall use any part of the leased premises for stare ze during the period of repair a reasonable charge shall be
made therefor against the Tenant, and provided further that in case the leased premises, or the building of which they
are a part, shall- be destroyed to the extent of more than one-half of the value thereof, the Landlord may at his option
terminate thie lease forthwith by a written notice to the Tenant.
Repairs ci.R) Tha, I aridierd
644-41444
Insurance
Tenant to
Indemnify
el-to p/aee
(14) The Tenant agrees to indemnify and hold harmless the Landlord from any liability for damages to any person
or property in, on or about said leased premises from any cause whatsoever; and Tenant, will procure and keep in effect
during the term hereof public liability and property damage insurance for the benefit of the Landlord in the sum of
person and Three Hundred Thousand Dollars ($300 5 000.00) for damages result-
Mg from one casualty, arid Twenty Five Thousand Dollars($25,000.00)
property damage insurance resulting frcirn any one occurrence. Tenant shall deliver said policies to the Landlord and upon
Tenant's failure so to do the Landlord may at his option obtain such insurance and the cost thereof shali be paid as
additional rent due and payable upon the next ensuing rent day.
Repairs and
Alteration%
The Tenant shall not make any alterations, additions or improvements
to said premises without the Landlord's written consent, and all alterations, additions or improvements made by either
of the parties hereto upon the premises, except movable office furniture and trade fixtures pat in at. the expense of
the Tenant, shall be the property of the Landlord, and shall remain upon and be surrendered with the premises at the
termination of this lease, without molestation or injury.
The-Tenant covenants and agrees that if the demised premises consists of only a part of a structure owned or con-
trolled by the Landlord, the Landlord may enter the demised premises at reasonable times and install or repair pipes,
wires and other appliances or make any repairs deemed by the Landlord essential to the use and occupancy of other
parts of the Landlord's building.
Eminent 0.6) I f the whole or any part of the premises hereby leased shall be taken by - Domain any public authority under the power of eminent domain, then the term of this lease
shall cease on the part so taken, from the day the possession of the part shall be
required for any publit purpose and the rent shall be paid up to that day and from
that day the Tenant shall have the right either to cancel this lease and declare
the same null and void or to continue in the possession of the remainder of the
same under the terms...herein provided,..except that the rent shall be reduced in
Condition
of Premises
at Time of
Lease
to the amount of the premises taken. All damages awarded for-such
taking shall belong to and be the property of the Landlord whether such damages
shall be awarded as compensation for diminution in value -to the leasehold or to
the fee of the premises herein leased.
(17) The Landlord reserves the right of free access at all times to the roof of said leased premises and reserves
the right to rent said roof for advertising purposes. The Tenant shall not erect any structures for storage or any aerial,
or use the roof for any purpose without the consent in writing of the Landlord.
(18) The Tenant shall not perform any acts or carry on any practices which'may injure the building or be a
nuisance or menace to other Tenants in the building and shall keep premises under his control 6iaiiiailmirlia igmatlik"w
ailailagammaktice agigig) clean and free from rubbish, dirt, .aaicaim.ast.el...1,%* at all times, and it is further agreed
that in the event the Tenant shall not comply with these provisions, the Landlord may enter upon said premises and
have rubbish, dirt and ashes removed and the side walks cleaned, in which event the Tenant agrees to pay all charges
that the Landlord shall pay for hauling rubbish, ashes and dirt, or cleaning walks, Said charges shall be paid to the
Landlord by the Tenant as soon as bill is presented to him and the Landlord shall have the same remedy as is provided
in Paragraph 6 of this lease -in the event of Tenant's failure to pay.
(19) The Tenant shall at his own expense under penalty of forfeiture and damages promptly comply with all -
lawful laws, orders, regulations or ordinances of all municipal, County and State authorities affecting - the premises
hereby leased and the cleanliness, safety, occupation and use of same.
iatiaisaleawaa
•
(21). The Landlord shall not be responsible or liable to the Tenant for any loss or damage that may he occasioned
by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or
connected with the premises hereby leased or any part of the building of which the leased premises are a part or for
any loss or damage resulting to the Tenant or his property from bursting, stoppage or leaking of water, gas, sewer or
steam pipes.
TEI ANTKADEVELOPMENt IinvIPANTY
COUNTY OF OAKLAND, a. Michigan
Constitutional_ Corporati o
WITNESSED BY:
- (L. S.)
- (L. S.)
- (L. S.) -
(L. S.)
(L S.) Wallace F':./M-Ter , JT " .11airman
Oakland County Board df Commissionerg,. s.)
niinz
Flui d ing
Or
Gas, Water,.
Heat,
Electricity
dvertising
Access to
Premises
Re-F.:nt.ry
(22) The Tenant hereby agrees that for a period commencing 90 days prior to the termination or this lease, the
Landlord may F.h.mv the premises to prospective Tenants, and 60 days prior to the termination of this lease-, may dis-
play in and about said premises and in the windows thereof, the usual and ordinary "TO RENT – signs.
(23) It is hereby agreed that inthe event of the Tenant herein holding over after the termination of this lease,
thereafter the tenancy shall be from month to month in the absence of a written agreement to the contrary.
(25) It is further agreed that all signs and advertsing displayed in and about the premises shall be such only as
advertise the busines,s carried on upon said premises, and that the Landlord shall control the character and size thereof,
and that no sign shall be displayed excepting such as shall be approved in writing by the Landlord, and that no awning
shall be installed or used on the exterior of said building unless approved in writing by the Landlord.
(26) The Landlord shall have the right to enter upon the leased premises at all reasonable hours for the pimpose
of inspecting the same. If the Landlord deem: any repairs necessary he may demand that the Tenant make the same
and if the Tenant refuses or neglects forthwith to commence such repairs and complete the same with reasonable dis-
patch the Landlord may make or cause to be made such repairs and shall not be responsible to the Tenant for any loss
or damage that may accrue to his stock or business by reason thereof, and if the Landlord makes or causes to be made
such repairs the Tenant agrees that he will forthwith on demand pay to the Landlord the cost thereof with interest
at 7% per annum, and if he shall make default in such payment the Landlord shall have the remedies provided in Para-
graph 6 hereof.
(27) In case any rent shall he due and unpaid or if default he made in any of the covenants herein contained, or
if said leased premises shall be deserted or vacated, then it shall be /awful for the Landlord, his certain attorney, heirs,
representatives and assigns, to re-enter into, re-possess the said premises and the Tenant and each and every occupant
to remove and put out
Quiet (28) The Landlord covenants that the said Tenant, on payment of all the aforesaid installments and performing
Enjoyment all the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the
term aforesaid.
Expenses— (29) In the event that the Landlord shall, during the period covered by this lease, obtain possession of said premises
Damages by re-entry, summary proceedings, or othenvise, the .Tenant hereby agrees to pay the Landlord the expense incurred
Re-Entry in obtaining possession of said premises, and also all expenses and commissions which may be paid in and about the
. letting of the same, and all other damages,
Remedies (30) It is agreed that each and every of the rights, remedies and benefits provided by this lease shall be cumu-
not lative, and shall not be exclusive of any other of said rights, remedies and benefits, or of any other rights, remedies and
Exclusive benefits allowed by law.
Waiver (31) One or more waivers of any covenant or condition by the Landlord shall not be construed as a waiver of a
further breach of the same covenant or condition.
Delay of (32) it is understood that if the Tenant shall be unable to enter into and occupy the premises hereby leased at the
Possession time above provided, by reason of the said premises not being ready for occupancy, or by reason of the holding over
of any previous occupant of said premises, or as a result of any cause or reason beyond the direct control of the Land-
lord, the Landlord shall not be liable in damages to the Tenant therefor, but during the period the Tenant shall be
unable to occupy said premises as hereinbefore provided, the rental therefor shall he abated and the Landlord is to be
the sole judge as to when the premises are ready for occupancy.
.•
Notices (33) Whenever under this lease a provision is made for notice of any kind it shall be deemed sufficient notice
and service thereof if such. notice to the Tenant is in writing addressed to the Tenant at his last known Post Office
address or at the leased premises and deposited in the mail with postage prepaid and if such notice to the Landlord'
is in writing addressed to the last known Post Office address of the Landlord and deposited in the mail with postage
prepaid. Notice need be sent to only one Tenant or Landlord where the Tenant or Landlord is more than one person...
(34) It is agreed that in this lease the word "he" shall be used as synonymous with the• words "she," "it" and
"they," and the word "his" synonymous with the words "her," "its" and "their." .
(35) The covenants, conditions and agreements made and Entered into by the parties hereto arc declared binding
on their respective heirs, successors, representatives arid assigns. •
(36) In the event security is given, Paragraph 37 on the last page shall be deemed a part of this lease.
[See_ additional-conditions -- on Rider-attached-hereto and -pade -a- part-thereof) -
IN WITNESS WHEREOF, The parties have hereunto set their hands and seal y and year first above written.
dared January 4, 1978
ears i:
reible Irmr
Fe
•(37) h Landlord shalT be
jot and ad -ioining.- sidewalks f.o-n •
include anew and •ice r ,emcval.
(38) The Lsndlordshall maintain the premises in good; repair and _
-c=_',ssary -repairs at his exense for defects that are not the fafolt
(39) _Me:Landlord shall furnish all - .utilities and p(7,y. for
o-ene17-,t =tared charges for lights and electrical ecui7=t •
Thy the Tenant which shall be at the expense of the Tenant.
-(40) •The -•Landlord shalll at his expense,- provide adecate custodial
services and attendant supplies,.
(41) The Landlord shall provide, at his can expense, a uniformed
security gl..lard on duty in the building during operatIng hours.
(42) The Landlord shall provide ade,--7,te Lighti.7,7 in the parking
lot -7,11ring e.a.,1":_n7 hours.
(43) In consideration of the rent to be paid, it is agreed that the
Lessor shall not be responsible for damage by fire or other casualty to the
property of the Lessee, and Lessee shall not be responsible for dama7,e by
fire or (7,thcr r-as-Jalty to the priTerty of the Lessor', regardless of the
negligence of either party.
(44) This lease may, at the option of the Tenant, be extended for an
peried of two (2) years, provided notice be given in writing to the
landlord at least 30 days prior to the expiration of this Lease.
#8297 December 15, 1977
Moved by Wilcox supported by Roth the resolution be adopted.
AYES: Hoot, Kelly, McDonald, Moffitt, Montante, Moxley, Patterson, Pernick,
Peterson, Roth, Simson, Wilcox, DiGiovanni, Doyon, Fortino, Gabler, Gorsline. (17)
NAYS: Aaron, Daly. (2)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
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 #8297 adopted by the Oakland County Board of
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Commissioners at their meeting held on December 15, 1977
..•••n "000.0 04.0•••05150014000•••••••••••0 006P 0.0•45 45 0 .550 See oires•acm." ep4553.0 00
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 December 77
this ...... ...............day of...... ....... ...19....
Lynn D. Allen... ......... ----Clerk
By .............. ..... .......Deputy Clerk