HomeMy WebLinkAboutResolutions - 1976.02.19 - 141247\1
HER,* APPROVE THE FOREGOING RESOLUTC'..,:,
777
Miscellaneous Resolution 7458 February 19, 1976
BY: PLANNING AND BUILDING COMMITTEE - Patrick K. Daly, Chairman
IN RE: CITY OF BERKLEY - LEASE OF VACANT PROPERTY AT SOUTHFIELD HEALTH
FOR RECREATION PURPOSES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS your Committee has the proposed lease between the COUNTY OF
OAKLAND and the CITY OF BERKLEY for the purpose of the City of Berkley
to use approximately 5.7 acres of vacant property at the Southfield Health
Center as a recreational area; and
WHEREAS your Committee has reviewed the consideration of the sum of
$1.00 per year to be paid by the lessee for a period of five years; and
WHEREAS your Committee has reviewed the cancellation clause which permits
either party by giving a six months written notice, to terminate the lease,
but in no event shall the termination be effective before the September 1
of any year; and
WHEREAS your Committee recommends said lease to be executed;
NOW THEREFORE BE IT RESOLVED that the County of Oakland approves the
lease with the City of Berkley for recreational activities at the Southfield
Health Center vacant property, described as following:
Commencing at a point located at the intersection of the north right of way
line of San Quenton and the center line of Marshall Street extended to said
north right of way; thence north along said Marshall Street center line
extended for 500 feet; thence east 90 0 for SOO feet; thence south 90°
for SOO feet to the north right of way line of San Quenton; thence west
500 feet along said north right of way line to the point of beginning, being
approximately 5.74 acres,
and that the Chairman of the Board of Commissioners be hereby authorized to
execute said lease on behalf of the County of Oakland.
The Planning and Building Committee by Patrick K. Daly, moves
the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Part,lei T. Muriszliy/C1).6-.--. :y54.ecut4co Darkla
THIS LEASE, made and entered into this 1st day of
A. D. , 1976, by and between the COUNTY OF OAKLAND, a MichigarrC-'bitUt;oned: 0
LEASE
Corporation, hereinafter referred to as the Lessor, and the CITY OF BERIcLEY, a Michigan
Municipal Corporation, 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
March 1, 1976 the following described lands, to wit:
Commencing at a point located at the intersection of the north right of way
line of San Quenton and the center line of Marshall Street extended to said
north right of way; thence north along said Marshall Street center line
extended for 500 feet; thence east 90° For 500 feet; thence south 90 ° for 500
feet to the north right of way line of San Quenton; thence west 500 feet along
said north right of way line to the point of beginning, being approximately
5.74 acres.
Subiect to the following conditions:
1. Such lands and any and all improvements thereon shall be used by the Lessee to
accommodate recreational facilities.
2, Lessee shall have the right to prepare on such land, such diamonds and facilities
necessary for recreational purposes, 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 baseball, said structures and improvements to be not of a permanent
nature and the plans for which have first been approved by the Oakland County Planning and
Building Committee and the Oakland County Board of Commissioners.
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 herein described shall be the sole responsibility of the Lessee and that said build-
ings 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.
COUNTY OF OAKLAND, a Michigan Constitutional
;Corporation
BY:
‘Alexand6r C. Perinoff, airman
Oakland County Board of Commissioners
CITY OF BERKLEY, a Michigan Municipal
Corporation •
BY:
essee agrees to comply with all applicable city ordinances covering the described
premises.
6. Lessee shall at all tirnes carry such insurance and in such amounts as will, in the
opinion of the Oakland County Board of Commissioners, 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 Oakland County Board of Commissioners of the
County of Oakland.
7. This Lease shall not be transferable or assignable to any individual, group of
individuals, association, corporation, partnership or entity of any kind whatsoever, but shall
always be enjoyed by the original Lessee or forfeited by the original Lessee.
8. Lessee shall have the option to extend this lease, upon the same terms and condi-
tions, for an additional period of five (5) years upon written notice given to the Lessor within
thirty (30) days of the date of termination 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, said Lessor and the City of Berkley, a Michigan Municipal
Corporation, 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.
My Commission Expires: 9/19/76
ic, Oakland County, Michigan Not
STATE OF MICHIGAN )
) ss
COUNTY OF OAKLAND)
On this 1st day of March , 3976, personally appeared
Alexander C. Perinoff, 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 Lease, and that said
instrument was signed and sealed on behalf of said County of Oakland, by authority of its
Miscellaneous Resolution No. 7458 , dated February 19 1976,
and acknowledges said instrument to be the free .act and deed of said County of Oakland.
STATE OF MICHIGAN )
) ss
COUNTY OF OAKLAND)
On this 2nd day of ehruary , 1976, 'personally appeared
ROBERT L. ECK, and did say that he is the Mayor of the City of Berkley, a Michigan
Municipal Corpnration, and as such has affixed his signature to the foregoing Lease, and
acknowledges said instrument to be the free act and deed of said City of Berkley.
My Commission Expires: 10,-8-79
#7458
Moved by Daly supported by Roth the resolution be adopted.
AYES: Lennon, Moffitt, Montante, Nowak, Page, Perinoff, Pernick,
Price, Roth, Simmons, Wilcox, Aaron, Button, Dlly, Dearborn, Douglas, Dunleavy,
Fortino, Houghten. (19)
NAYS: None. (0)
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
Resolution #7458 adopted by the Oakland County Board of Commissioners at
o.0"11 snOcr ee.lie.,,..0.0.04•SPes“.“-ane.P.71,0174,000.A617.4"9.40.0... • ti.m on0“ “ne
their meeting held on February 19, 1976
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
th i s h .. day of . TPPP,PrY. 19 ,
Lynn Do Allen.....,."1.06.6!..0 p.a DClerk
—Deputy Cl