HomeMy WebLinkAboutResolutions - 1981.02.19 - 14411Miscellaneous Resolution 81027
February 5, 1981
BY: PLANNING AND BUILDING COMMITTEE
IN RE: 52nd DISTRICT COURT, 2ND DIVISION LEASE RENEWAL
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution 7163, dated June 19, 1975, the
County of Oakland entered into a lease agreement between Warren R. Newsted
and Martha A. Newsted, his wife, (Lessor) and the County of Oakland (Lessee)
accepting Newsted Construction's proposal to provide 4,200 square feet of floor
space for the use of, and occupancy by, the 52nd District Court, 2nd Division,
on a five (5) year lease basis at a yearly rate of $23,000 with option to renew; and
WHEREAS the Lessee desires to continue to occupy 4,200 square feet and
furthermore to lease an additional 100 square feet to store open and closed case
files, docket cards and violations.
IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
—
TERM: The Lessor does hereby let and lease to the Lessee, that portion of
a building described as District Court located at 5871 Dixie Highway, Waterford,
Michigan, consisting of approximately four thousand three hundred (4,300)
square feet of area for a term of five (5) years commencing on January 1,
1981 and ending December 31, 1985.
RENT: The Lessee does hereby agree to lease said premises from Lessor,
for the aforesaid term, and convenants to pay the Lessor rent therefor in
the total sum of Two Hundred Three Thousand Eight Hundred Twenty Dollars
($203,820) payable as follows:
Nine Thousand Six Hundred Seventy-Five Dollars ($9,675) on
January 1, 1981, and a like sum in advance every three (3) months
after such date for a term of two (2) years; and Ten Thousand Five
Hundred Thirty-Five Dollars ($10,535) in advance every three (3)
months for the remaining term of the lease; provided further, that the
Lessee shall pay to Lessor a late charge of six (6) percent of any
such quarterly installment not received by the Lessor within fifteen
(15) days after such installment is due hereunder, which late
charge shall be due and payable upon expiration of such fifteen (15)
day periods; and that Lessee will be solely responsible for and
defray the costs of all utilities and utility service to and for
said District Court and its facilities (including heat, lights,
air conditioning, power, telephone and the Township sewer use fee);
said District Court to be provided separate meters for said
utilities; and said sewer use fee to be assessed on a square
foot basis; and that in the event real estate taxes upon the
premises are increased during the term of this lease, then that
portion of such tax increase as is solely attributal to that portion
of the building used and occupied by the Lessee shall be paid by the
Lessee upon showing proof and demand thereof.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissicners
agrees to lease 4,300 square feet of area on premises known as 5871 Dixie Highway,
Waterford, Michigan 48095 for the 2nd Division of the 52nd District Court at
a rate of $38,700 per year for a period of two (2) years commencing January 1,
1981 and a rate of $42,140 per year for a period of three (3) years ending on
December 31, 1985.
BE IT FURTHER RESOLVED that the Chairperson of the Board of Commissioners
be nnd is hereby authorized to execute said lease in accordance with the terms of
this resolution and in accordance with the terms of the lease, a copy of which is
attached hereto and made a part hereof.
Mr. Chairperson, on behalf of the Planning and Building Committee, I
move the adoption of the foregoing resolution.
L
i"
:1 I.
THIS LEASE ACUEENT
14 I,
–77.—TiTT-i TEll, his
and the COUNT? 01
• 'nereihafter 5 • L-?..ss
h -fwa -tna p a r ti es he re to ,
of the tar•.-:, corPtions, covenants and aoreemeni ,-;
forth --that:
1. The Lessor deo:. hereby it and leas;,-: to
that portion of a buildin; '--.--nribed in 7::,hibit fc
Di s tri ct Cour ,7 s ti .7; no xi Tr .1. .1.: Four T'r ' Three
:!undrad s-,oare feu!, sa'•!.crticn '.w bred
"yellow" for a five (.N) ;;'oors, a a an ci n a ay
of January, l'..1 81 and enCi'a -..; the 31:,t day of ranerber,
and the address of said Court is 5C71 Dixie
y, ntorford, richin
2. That. Lessee does hare byagree to lease said
from Lessor, for said District Court, for the aforesaid ter,
coven..-nts to pay the Lessor rot V'a,H.-for in the Intel sum, of
Two ." cedred Three Thous and • Tenty 7 :1 ars
payable as fc.11C',45 Th cy!,; Liunc4 re ,t
v e Do 1 1 a rs , 771. C )on J a 1st ,
1981, .a.r.d a like sum, of Nine 'Thousand Si Seven -a: rive
Collars (..,3,57E.00) in advance ,T.'‘,1C':".y three ronths thereafter,
t i 1 Ja n :A ry 1 , 1903, , at whit .
unon
3. The Lessee: agrees and ccvanants as follows:
f, That it will not per .mi':.. 'ff- use of said leased
pcaroioes in any r.,,iner which will sub atially increase the rate
o f. insurance Vrar..,00, or f o - . • rp es e which ray result in a
violation of local, state or :hadorel laws, rules or re?ulations
now or bereafto; in force and thereto; and, Lesor.-aba
hold the hes:o'c ',armless and ti! as arla.ins::-. any
loss, cost, on expense loss,
oasr-.7.4,-,y to any persoa ;311.‘/ use,
isicu•in or _an. •aso of said leased of any
or thins dor:- , on, in or about sai:.! 7 : :•u in
relation thereto.
0. That the Leor-^ l ohseve Cil -^
ticns and requirements of iters c ,-cernin'
condition of said ;)remises, t dint,
ins te rates, and not to eerri ., caus or all a any ru5b'sh,
west - ',-(161 or products to scs late on or about said premises
C. That the lessee s!'el .: neithor sublet ear essirin the
1.-erest or use of said nrerisos, or any part thereof, -iithout the
prior, „Ha -1'ton consent of lessor ordorsad hereon.
e ,• 1 • i n t
shall he increased end, or.:1.--ouar--..• ' 11 ray to
Less or the s ur of Ten Th o us r -, Hunt; re c: • • 0 1 1 rs
(iO ,53h.O3), indvncr and a 1 i L. a 7:; um of Ton I' •:• ,• -.P ve
Hundred Thirty Five Dollars in advance every
(3) •-•ntahs thereafter during. the -1:2rn of this !aa5e; provi•
that the Lessee shall pay to t.onnnr nharoa
.,.aoont cF any ash quarterly iP.2.-.'11;:.:•!..1' net re.so:,.ed
-• ;- fl thin fi ( 15 ) •
is due ho .,. which 1 ....te be .•nd pay•
e x i rati on at uch fi ( 1 ) d.. rinds„
LAW OFFICES OF
JAY F. WELTER
/S67 DIXIE HIGHWAY
WATERFORD, MICH, 4809$
(13) 623-7477
(21 ,19) 842-8070
C. That, shoul:". Lacoa hold • :,,:f-ter
the expi reti on of said
,lritiorl for a period of en c. (1) rerth nr norr, :he Liss • ',hell
deeL.H a tenant for cal -ndar month to calendar month -:.-ari-53 only
and shall pay rent at the rate of Four Thousand rollers (S4,C00.0.0
per month in advance.
hat Lessee will he solely responsible for, and
of all u ti I I an utility sr,r•-1.7-rfs to for
t and i 477 I ; +4
power,
;
said istrict rt t( provi
11 ties, and said use fee to be
taçie basis;
es shall '
to Lessor
agreed by the 1;1
alterations or ti ar c: roved by
ma
mnrovo:'.•
LAW OFFICES OF
JAY F. WELTER
5365 DIXIE FI n GHWAY
`4=i1ERFORD, MICH. 48095
F. That Le shall furnish, at its
such furniture, equi - nt and furnis , as I
and advi 'fie, an' n shall ei nd r
prop,.er' its H r, any furnir.r
or equi. _ L '—.11 he rainta 4,,,
and shall c - ship drid po;se,;-',
ln.se, all
necessary
said
furnishincs
the Lessee.
G. That, in the event real ‘,.rte t
aforesaid p. ,i:"!S are increased durin - the t'
then that pr..,•tlen of such tax increae-n is
to that portii of the buildinc2 used no occupi
shall be paid by the Lessee upon sho-d ..., lroof
thereof.
H. That !..essee shall
sood repair as the sa: ss'inll'inll o a
wear and tear fro thL, reasonable usr:-
foments excenl:
S upon
this
in as
rrn,
he
That
and about thF.! iea
for the oT
m a y be cfl!,41 -,'ed t!)
p
- full access
nos, hours,
1 5 as Lessor
not ':,necessarily
operatipns of .onrt in the
J . Th a t Lessee, shall T.7
to or upon said leas,c!flrenis(,,s tho orlor •ritt
of the Lessor,
L. That nothin9 in this the
Lessee to e [' any act whi ch h al 1 i. f •
•ssor t,
any 6
air-ted by orc!r:t';
contract by clair(! • 'ses ,
isin9frcr V act cr icn of ttH::
3.gainst the leasehold er 1.= the
espects he subject U iOICflt t
assor in and to said pr7,
find, the Lessee ar:1 -2.es to not enter into any
person, firm or on, or win any c‘-.:-.tract,-,
!r, :.,7rvice or materia H connection with the ,•ilc!
upon said prerois.::7.s, which contract
Ir er.ccs of One Hundred rollers ($109.00), unless
stipulated in :inc.' be a. C s ch contract
shall arise, or 7.r.7.,,unt of
on account work c3i12 furni .:0
contract, as .3 St the title of' ; the
premises, and unless it shall ha. agreed in such or -n‘:'rct that the
(313) 5237477
(313) 542,3070 -2-
contractor, rean , fi rm or cern ,-
shall Cr a. e re of wai ye
a 1 i SIr•• a'. a 50 f 17
is ea- -7e in f• h '... arv JI
and,
linst interests o
:-•.y con tractors furn
or about th ork so
, and to ished
hall com:a-n ,..e perfor -
suet ri .31, In al l
-eL • ra•un , fi rm or or
Lessor in
such contra
or '•-.1 m to
ca us- A rs
premises to he
ices or
'77 tiLh bull dinns or
on as any
rk • or the
in the absence of
ght claim ,a lien
remises.
• lees :
that t
Lessor ir
-g 17t$or,
tho
N. That, if the-. _essee desires to furthe
itar the term the Lessee shal l
to the L at least six (C) month ,::
,Lite of such or extensions or reneale,
are
pre,:
the LPs
if in de faul
C. That the Lessee shall use and occupy said Taed
and for s ai d is tri ct Court riy , and for s• opera-
offices necessarily related ti7 2t0, unless the
:iv e prior written consent for c5,. deviation of such use
and occupancy.
A. The Lessor acrees and covenants as
fa .2 s r
in
by th, sect .'
shall not remr,v ,cry
of rent payment du 2 here ,
A. That the
4 • !, •
:-isoo. on
red hi:,
t rccy
,;!,6
ti
3sor hli
equi red by Inca
said leased
C. That the Lessor shall pay all real
the premises , except as may be otherd speci
D. That ,cser shcll
'1 c liability ir.ranco fo
s ii gen cc.
ad main'
S 01 tin C3 e 3 2'
„
rep k
a r faci
thereof.
F. The
n ty
ructura
-
able locks for al I.
(a) the Court
zed Court
saic of fi ccs and
ri d offi
.J,,,:;nce and/or ir
C. That the Lessor shall previd
:o the offices of the :)is tri ot Cou'
Thiz tretcr. and to the Jury com,
'he Lessor havin acce
; the•‘ssor to use said
fa n cans rs
on+
LAW OFFICES OF
JAY F. WELTER
St3G3 DIXIE HIGHWAY
WATERFORD. MICH, 4009
(319) f523-7477
(313) 942,4307,9
44
r
11
of 1966,
the date oi
ss 17c al 1 1
P 1: A A
C f,(:t 190
•)n s f o
H.
interior arsi
re as on a5 I y
direct
,3
h
ic to
the
nor w
ry to id •
inel and thcf
ins tall L -.' or
fi c
5, The Lessor and Lessee mutually ?!..(.2ree and
as fol 4143
:lont
leased.
51e by
the
ed and
,.
-7! t
Lessee
t ,..
•L his Lr
Of such
..hereof,
A. That, 1 durinp the ter:.
should r d
or b, ra.:
S e e
rc IL;•
t'.;e Lessee
the date of
loots to so terrsi.'n-3-L.a,
this
s111
And, that, if durin said tarn a the leased
hould he rendered '..7r1.7,1 ally untenable „be ,::use of sai
the Lessor shall and rcs tore the at al l cni
speed, and. the ess ,..: shall be res)onsibleL or rent du
repai rs and restoration,
It Is expressly agreed h:
s 'a • --inq t.• •
-•'•-• `..he3:.
con di: • ga'ass 1,y ch.')
al a of :a 1. eSSee
shall be 0
(dial a • • s
pass
tern ea ,:
h-elong,tocp
shall be
leasehold or
1 ; h
that,
the
:1 as
e
uch
valuE,-. to
- e(1,
C. If the Lessee shall at any tin. iair
hereunder ant: I tbL: ins ti
procee.dis.-', Less
the Leass..i: • .‘ r • rse
fees ,
as the
n. Any
7 ,7 with r.7.!
3 "3hall not
wi-Itino and si
-Pi cation of
the rol -!--
1..tpo7
Less cr.
E. It is arre.ed that each
medics and benefits provi-;,.d by th
nd shall not be exol usi vs ,:crco y
and bone fi ts or any other oh ts r.
by law.
F. invalidictiee of any of the provisir‘ec
t or Court shall in no way effec'
gisi ens whi oh oh al 1 in full forc e )tne
LAW OFFICCS OF
JAY F. WELTER
? 865 DIXIE HIGHWAY
WATERFORD, MICH. 48095
-4-
(31?) 6234477
(31?) 6 4 Z•0070
LESSOR
BY :
BY :
LESSEE
A •
TY OF CAIS.
Ci this
personally
fe and aoin:
Wy Commission Expires
1i.
an
A. D,
7:11 A. ;
thei r fr
5 S
Mi
STATE CF Wi
No P t11
and Cc. S TATE. OF WI Cr -7.
BY:
LAW OFFICES OF
JAY F. WELTER
'3055 DIXIE HIGHWAY
NATERFORD, MICH. 48055
(513) 523.7477
0131) S42.8070
C.
agreer:.e•':. by
of a fur:1:er
waivers of any c ,Dvenant, condi ti
shall not be con.3trued as a waiver
the same.
H. This instrt shall hi interpreted
and the 1 relations ci•---ated here ur shall
in accordarTe with the laws of th‘T.,. f rich
I. This instrument shall contain t_hr
between Lessor and Lessee and no oral stat:•
parties herein unless reduced to a wri
Lessor and Lessee shall be cons trued a bindi
the parties.
J. That time is of the very essence of this
IN WITNESS WHEREOF, said H an
k land, VI chi gan , by Its Board of Co...:7.1s!7.1r;
name to be signed to this ins by
cers , the day and year first
This Lease has been executed in dupli
/ of
Ch cause
.ori zed ,
L;
14 tn es s
C7 OAKLAND, a ri chi (111
Co; ti tuti onal Corporati on
COUNTY OF OAK I, AN D
On this day of
ppeared and
f the Oakland County Board of Con.,
his si gnature to the foregoing
was si ned and sealed on behal
authority ot its tlis cell aneoul,
day of , 19 , and ac!
ee act and deed drsai said County
fly Commission Expires :
, personal 1:1,
at he is .f.E0 Chairman
and as such has affix
said ins trum-
y çf 1
N P ub 1 i c
.:.nd County, icht
FISCAL NOTE
BY: FINANCE COMMITTEE, DENNIS MURPHY, CHAIRPERSON
IN RE: MISCELLANEOUS RESOLUTION #81027 - 52nd DISTRICT COURT
2nd DIVISION LEASE RENEWAL
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #81027 and finds the funds necessary for said lease
renewal are available in the 1981 52nd District, 2nd Division budget.
FINANCE COMMITTEE
#81027 February 19, 1981
Moved by Caddell supported by Cagney the report be accepted and Resolution
#81027 be adopted.
AYES: Lanni, Moffitt, Montante, Moore, Murphy, Olsen, Page, Patterson,
Perinoff, Pernick, Peterson, Price, Whitlock, Wilcox, Aaron, Caddell, Cagney,
DiGiovanni, Fortino, Gosling, Hobart, Jackson, Kasper. (23)
NAYS: Doyon. (1)
A sufficient majority having voted therefor, the report was accepted and
Resolution #81027 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 #81027 adopted by the Oakland County Board of
Commissioners at their meeting ,held on February 19, 1981
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
Februar 8 1
Lynn D. Allen..,...................Clerk
Clerk