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HomeMy WebLinkAboutResolutions - 1982.09.09 - 13932Miscellaneous Resolution 82258 BY: PLANNING AND BUILDING COMMITTEE RE: MANPOWER DIVISION LEASE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the Oakland County Board of Commissioners by Miscellaneous Resolution 82027, (adopted at their meeting held on February 18, 1982) approved a lease agreement to provide office space in the Pontiac Place Building, located at 140 S. Saginaw, Pontiac, Michigan, to house the Manpower Division; and WHEREAS, said lease agreement has been terminated effective at the end of the business day, October 31, 1982; and WHEREAS, the County of Oakland desires to enter into a lease with Thomas Bateman for office space consisting of 9600 square feet, comprising of a certain building known as the Bateman Building, situated at-3,67 and 377 South Telegraph Road, Pontiac, Michigan, 48053 for a period of two years commencing November 1, 1982 and ending October 31, 1984, at a rate of $81,600.00 annually, and paid in equal monthly installments of $6,800.00 in advance, on the first day of each and every calendar month during said term. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners agree to lease said premises known as the Bateman Building, 367 and 377 South Telegraph Road, Pontiac, Michigan, 48053 at a rate of $6,800,00 per month for an area of approximately 9600 square feet for a period of two years commencing November 1, 1982 and ending October 31, 1984. BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners be and is hereby authorized to execute said lease in accordance with the terms of the lease, a copy of which is attached hereto and made a part thereof. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. ci ta 4-7 a) Thomas Bateman Re-Renting (22) The Tenant hereby agrees that for a period commencing 90 days prior to the termination of this lease, the Landlord may show the premises to prospective Tenants, and 60 days prior to the termination of this lease, may dia.. play in and about said premises and in the windows thereof, the usual and ordinary “TO RENT" signs. Folding (23) It is hereby agreed that in the event of the Tenant herein holding over after the termination of this lease, Over thereafter r. a- from month to month in the absence of a written agreement to the contrary. Gas, Watee, (24) • IrKeeKt .ay all charges made against said leased premises for gas, water, heat and electricity during Heat, the continuance o gr ease, as the same shall become due. Electricity Aidverticing (25) It is fur-tiler agreed that all signs and advertising displayed in and about the premises shall be such only as Display advertise the business carried on upon said premises, and that the Landlord shall control the character and aize 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 insti used on the exterior of said building unless approved in writing by the Access to Premises (26) The Lan ord si—a-r—=;;The right to enter upon the leaseUrernises at all reasonable ho f ink) ectin the same. ted=145t. • - *.••• kipop4. lry•l* x;Faew .1"41%. 4fRie,?eibusaisKeile NalinEW-IliiX-IfelinnelnICeia9WPSPQ.c , 4ta PrelfWeral • YeWRICIN e efee ;e' - .faelikkitx.icopittpdxwA-4,..)- pumucticizonm madmtit9c.kr1{4- mtbdt-47- >MI for th .ur t OSe I 4' WIX,DOTICK CraXWA .174%1 geck..xxix94 3:7009 <OWE= mtxxxxxxxxonvom. VIZ Ole .4, zikt. ittlaindXf=4/ • - , -I* 0,1* ,41, • *V 4,01.11;. 40 ifiX) ittliSail=a101 MOIX4MM :..o, • -IP WW:et ° .4k. 11, .*D" JO.,0,1"' '40 ,,A,qt`f _ R entry . iny ten a a .e *Lie an • unpaid or if default be made in any o t a eovenan ; ' • ;in ti - • , or if said leased premises shall be deserted or vacated, then it shall be lawful for the Landlord, his certain attorney, heirs. 0 representatives and assigns, to reenter into, repossess the said premises and the Tenant and each and every occupant 0 to remove and put out. 0 Quiet (28) The Landlord covenants that the said Tenant, on payment of all the aforesaid installments and performinK C Enjoyment all the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the g term aforesaid, 171 5 0 0 C .. Z. -e Expenses--- (29) In the event that the Landlord shall, during the period covered by this lease, obtain possession of said premises Damages by reentry, summary proceedings, or otherwise, the Tenant hereby agrees to pay the Landlord the expense incurred Reentry 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 Tease 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 arAl Exciushe 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 be 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 are declared binding on their respective heirs, successors, representatives and assigns. (36) In the event security is given, Paragraph 37 on the last page shall be deemed a part of this lease. ftlrtherLagreed_and_understood,—in, the event Federal_ Funds are not available, this lease may be cancelled by a 90 day written notice. (37) The tenant agrees to indemnify and hold harmless the landlord from any liability for damages to any person or property from acts for which the tenant shall be legally libel and tenant will procure and keep in effect during the term hereof public liability and property damage insurance for the benefit of the lessee with landlord as an additional named insured,, IN WITNESS WHEREOF, The parties have hereunto set their hands and seals the day and year first above written. WITNESSED BY: (L, S.) "'Cbunty Of Oakland, a MichigaIkL 8.) __Constitutional. Corporation. (L. S.) '11:. Wilcox, Chairragi S*) —Oakland-County- Board of•CommLa §ione I\ • Copyright rakzatOre HOARY> OF BAALTORS® I. (16) Use and (11) It is understood and agreed between the parties hereto that said premises during the continuance of this lease Occupancy shall be used and occupied for Geral..OfficSpace and for no other purpose or purposes without the written consent 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 reenter and repossess the leased premises. (12) It is understood and agreed that if the premises hereby leased be damaged or destroyed in whole aria part by fire or other casualty during the term hereof, the Landlord will repair arid restore the same to good tenantable condition with reasonable dispatch, and that the rent herein provided for shall abate entirely in case the entire premises are unten- azttable and pro rata for the portion rendered untenantable, in case a part only is untenantabIe, 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 dela yed, there shall be no abatement of rental durin g the period of such resulting delay, and pro- vided further that there shall be no abatement of rental if 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, and provided further that IF the Tenant shall use any part of the leased premises for storage 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 thee axe a pait, shall be destroyed to the extent of more than one-half of the value thereof, the Landlord may at his opte terminate this lease forthwith b y a written notice to the Tenant. Repnim (13) The Landlord after receiving written notice from the Tenant and having reasonable opportunity thereafe r to obtain the necessary workmen therefor agrees to keep in good order and repair the roof and the four outer walls of t he premises but not the doors, door frames, the window glass, window casings, window frames, windows or any of tee appliances or appurtenanc.s of said doom or window casin gs, window frames and windows, or any attachment thereto et or attachments to 4. . - .„ :ection therewith. X Vonurnonce And the Tenant at - :+1 ed with a responsible Insurance Company in the name of the Landlord and to deliver the paiefiesericks to the Landlord and upon his failure to do so the Landlord may plat such insurance and charge the same to the Tenant as so much additional rent as provided in Paragraph 6; but trio (s failure on the part of the Landlord to place such insurance does not release the Tenant of the liability. Tenant to _L.• ' lradernnify - - .7, and Tenant will procure and keep in effe during the term hereof public, liability and properly dainage insurance for the benefit of the Landlord in the sum of • Three Hundred Thousand and NO/IOG ($300,000,00)3> for damages resulting to on e , person and ._.F:iva-._1-1undrd...Thousand...ancl..N.0/10.0....(..5.0.0.,..000..,0.0) for damages result- 0 ing from one casualty, aretOne...1-1undrea..Thatmatici..and._Zigertye...4.411757 -----000..Q0.) Cg property damage insurance resulting from any one occurrence. Tenant shall de . Ye. • Y`T.ffele'retcitota-a ,pon Tenant's failure so 0 do the Landlord may at his option obtain such insurance and the cost ereh -et ye paid 0 3 0 additional rent due and. payable upon the next ensuing rent day. Rrpairn nod a5) Except as provided in Paragraph 13 hereof, the Tenant further covenants and agrees that he will, at hie own k therons. expense, during the continuation of this lease, keep the said premises and every part thereof in as good repair and at "4 the expiration of the term yield and deliver up the same in like condition as when taken, reasonable use and wear thereof and damage by the elements excepted. The Tenant shall not make any alterations, additions or improvement- 72 to said premises without the Landlord's written consent, and all alterations, additions or improvements made by clam, of the parties hereto upon the premises, except movable office furniture and trade fixtures put in at the expense or Ei the Tenant, shall be the propert y of the Landlord, and shall remain upon and be surrendered with the premises at thr 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. Fenn-lent Domain • 7.• ------e - — — ficeicrvation (-7.7--Fhe Landlord reserves the right of free access at all times to the roof of said leased premises _ . , The Tenant shall not erect any structures for storage or an y aerial r use the roof for any purpose without the consent in writing of the Landlord, Care of Tenal---7-Mir no pe • - . y i . • i prac ices w lie may Premdter nuisance or menace to other Tenants in the building and shall keep premises under . his control (includine -adjoining drives, streets, alleys or yards) clean and free from rubbish. . _ , I r..... . that in the event the Tenant shall not comply with these p rovis ions , the Landlord may enter' upon -sal einises &have rubbish, dirt and ashes removed,. - ..------ ---„...., (19) The Tenant shall at his Own expense under peilalty of forfeiture and damages promptly comply with all lawful laws, orders, regulations or ordinances of all municipal, Count y and State authorities affecting the premises hereby leased and the cleanliness, safety, occupation and use of same. Condi tion (20) The Tenant further acknowledges that he has examined the said leased promisee prior to the makin g of this a Prem ises lease, and knows the condition thereof, and that no representations as to the condition or state of repairs thereof have at Time qf been made by the Landlord, or his agent, which are not herein expressed, and the Tenant hereb y accepts the le essd Lenfte premises in their present condition at the date of the execution of this lease. (21) The Landlord shall not be responsible or liable to the Tenant for any lose or damage that may be 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 c damage resulting to the Tenant or his property from bursting, stoppage or leaking of water, gas, sewer or stearn pies, (L. S.; 0 in the year of our Lord OeeC • 'Z before ITle, . ... . ..... say that (2). . . . to me personally known, who, ba ng ii '6 ... 0 474 cx.) 4.) 1.4 (LI 0.4 rj (4.) opei rpfo 0 .4n 274 4.4 W.* 01' 414 Aciava $.0 1.4 Caa IN CONSIDERATION of the letting of the premises in the foregoing instrument described, and for the sum of One Dollar, to paid do hereby become surety for the punctual payment of the rent and performance of the covenants in said instrument mentioned, to be paid and performed by the second part ... therein named; and if any default shall at any time be made therein do hereby promise and agree to pay unto the part . of the first part named in said instrument, the said rent and arrears thereof that may be due, and fully satisfy ..the condition of said instrument, and all damages that may occur by reason of the non-fulfillment thereof, without requiring notice or proof of the demand being made. The Landlord shall not be held to strict construction adopted in cases of principal and surety. The surety shall not have the right to claim discharge, or plead by way of defense any extension of time given by the Landlord, failure of the Landlord to give notice of default, receipt by the Landlord of securities from the Tenant, failure of the Landlord to pursue the Tenant and his property with due diligence or to apply other remedies and other securities which may possibly be available to the Landlord and any direct release, unless it be in writing duly authorized and executed. WFrNESS . ..... hand and seal .. this . day a 19 STATE OF MICHIGAN COUNTY OF' On this... ... . Thousand' Nine Hundred and. ._• ireand for said. County, appeared.. by. me sworn, did (1) ....... the. the, corporation named in and which executed the within instrument, and that the seal affixed to said instrument the corporate seal or said corporation, and that said instrument was signed and sealed in behalf of said corporation hy authority of its Board' of Directors; and . said' . acknowledges said instrument to be the free act and deed of said corporatioT, Notary Public . . County, Michigan. My Commission Expires ... NOTE: If more than ,,nr oriicer acknowledgrA. insmc .iLt it) "eavh h)ntsoU.- and 121 "[hey at rv,perlIvely.- SECURITY PROVISION Paragraph 37 (Refer to Paragraph 36 of Lease) The Landlord herewith acknowledges the receipt or.. 41.,.c..T.ousand, Eight Hunc...red NO/Ap r,, • ($.6%, 800.00 • •• • • which he is to retain as security for the faithful performance of all of the covenants, conditions, and' agreements orthis lease, but in no event shall: the Landlord be obliged to apply the same upon rents or other chargea in arrears or upon damages for the Tenants' failure to perform the said covenants, conditions, and agreements; the Landlord' may So apply the security at his option; and the Landlord's right to the possession of the premises for non-payment of rent or for any other reason shall not in any event be affected by reason of the fact (hat the Landlord holds this security. The said sum if not applied toward the payment of rent in arrears or toward the pay- ment of damages suffered by the Landlord by reason of the Tenant's breach of the covenants, conditions, and agree- ments of this lease is to be returned to the Tenant when this lease is terminated, according to these terms, and in no event is the said security to be returned until the Tenant has vacated the premises and delivered possession to die Landlord. .• In the event that the Landlord repossesses himself of the said premises because of the Tenant's default or because of the Tenant's failure to carry out the covenants, conditions, and agreements of this lease, the Landlord may apply the said security upon all damages suffered to the date of said repossession and may retain the said security to apply upon such damages as may be suffered or shall 'accrue thereafter by reason of the Tenant's default or breach. The Land- lord shall not be obliged to keep the said security as a separate fund, but may mix the said security with his own funds. (L. S.) 0 Ci #82258 September 9, 1982 Moved by Hobart supported by Cagney the resolution be adopted. Moved by Hobart supported by Cagney the Lease be amended by deleting the Security Deposit of $6800. A sufficient majority having voted therefor, the amendment carried. Discussion followed. Moved by Moore supported by Price the resolution be referred back to the Planning and Building Committee. AYES: Moore, Perinoff, Pernick, Price, Aaron, DiGiovanni, Doyon, Fortino, Geary. (9) NAYS: Gosling, Hobart, Jackson, Kasper, Lanni, McDonald, Moffitt, Montante, Olsen, Page, Patterson, Whitlock, Wilcox, Caddell, Cagney, Calandro, Gabler. (17) A sufficient majority not having voted therefor, the motion failed. Discussion followed. Moved by Price supported by Moore the resolution be amended by changing the third WHEREAS paragraph to read: WHEREAS, the County of Oakland desires to enter into a lease with Empire Properties for office space consisting of 10,000 square feet, comprising of a certain building known as the Old Sims Building, situated at 100 North Saginaw, Pontiac, Michigan 48058 for a period of two years commencing December 1, 1982 and ending October 31, 1984, at a rate of $60,000 annually, and paid in equal monthly installments of $5,000. in advance, on the first day of each and every calendar month during said term. Also the NOW THEREFORE BE IT RESOLVED paragraph be amended to read: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners agree to lease said premises known as the Old Sims Building, 100 North Saginaw Pontiac, Michigan 48058 at a rate of $5,000 per month for an area of approximately 10,000 square feet for a period of two years commencing December 1, 1982 and ending October 31, 1984. • The Chairperson ruled the amendment out of order. Mr. Price requested it be offered as a substitute resolution instead of an amendment. Seconded by Mr. Doyon. The Chairperson accepted the substitute resolution to be placed before the Board. Moved by Aaron supported by Price the resolution be referred back to the Planning and Building Committee. Moore, Perim_Jff, Pernick, Price, NAYS: Hobart, Jac., Kaser, Lanni, Page, Whitlock, Wilcox, Ca&S:ell, Devon, Fortino, Geary, fFitt, Mont r, Gosling. (16) en, A sufficient majority not having voted therefor, the motion failed. Vote on substitute resolution: AYES: Moore, Perinoff, Pernick, Price, Aaron, Doyon, Fortino, Geary. (8) MAYS: Jackson, Kasper, Lanni, McDonald, IMoffitt, Montante, Olsen, Page, Whitlock, Wilcox, Caddell, Cagney, Calandro, Gabler, Gosling, Hobart. (16) A sufficient majority not having voted therefor, the motion failed. this 9th day of if ) September 19 82 — 4,4, N OF ,.. . 411.4.... ALLEN County Clerk/Register of Reeds Page #2. #82258 Vote on Resolution as amended: AYES; Kasper, Lanni, McDonald, Moffitt, Montante, Olsen, Page, Wilcox, Caddell, Cagney, Calandro, Gabler, Gosling, Hobart, Jackson. (15) NAYS: Moore, Perinoff, Pernick, Price, Whitlock, Aaron, Doyon, Fortino, Geary. (9) A sufficient majority having voted therefor, the resolution as amended, was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, 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 #82258 adopted by the Oakland County Board of Commissioners at their meeting held on September 9, 1982 with the orginial record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. 1 In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan