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HomeMy WebLinkAboutResolutions - 1975.08.07 - 14451MISCELLANEOUS RESOLUTION 7222 August 7, 1975 BY: FINANCE COMMITTEE, RICHARD R„ WILCOX, Chairman IN RE: WEST OAKLAND SOCIAL SERVICES BUILDING LEASE AGREEMENT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr, Chairman, Ladies and Gentlemen: WHEREAS the Department of Social Services is in need of office space; and WHEREAS the Planning and Building Committee has recommended the County enter into an agreement to lease the premises of 1000-1010 Maple Road for five (5) years; and WHEREAS said property contains 16,500 square feet and would lease for $535 per square foot per year for a yearly lease cost of $88,275 per year; and WHEREAS the County would pay for heat, electricity, water, all increases in property tax; and provide liability insurance at an estimated $16,500 annual cost; and WHEREAS the leasor would provide parking area, all initial building altera- tions and custodial services; and WHEREAS the County would have the option to purchase said building and land at the end of the five year lease agreement at a cost of $200,000; and WHEREAS the Finance Committee concurs in the recommendation of the Planning and Building Committee to lease the building at 1000-1010 Maple Road with Oakland County assuming all Utilities, Liability Insurance, and Property Tax increases, NOW THEREFORE BE IT RESOLVED that the Chairman of the Board of Commissioners be and hereby is authorized and directed to execute a lease in accordance with the terms of this resolution for the building at 1000-1010 Maple Road, BE IT FURTHER RESOLVED that pursuant to Rule XI-C of this Board, the Finance Committee finds the sum of $26,194 (3 months rent cost of $22,069 plus 3 months utility cost of $4,125) available in the 1975 Budget-Contingent Fund; said amount to be transferred to the Social Services 1975 Administration Budget, The Finance Committee, by Richard R, Wilcox, Chairman, and with the concurrence of the Planning and Building Committee moves Ithe adoption of the foregoing resolution. FINANCE COMMITTEE Richard R. Wilcox, Chairman I HERWAPPROVE THE FOREGOING RESOLUPONI (1) all c&aie Made this August_ .day „19 FILING CIF RK: Description Term Rent Rent 70,„ •IthBE7RT L. McCOKB and LOTS ME McCOMB, his wife, f,Larld- betoleerr°... 4045 Overlea Court, Bloomfield Hills, Michigan 48013 the Lessor, hereinafter designated as the Landlord, and COUNTY OF OAKLAND, a Michigan Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48053 the Lessee, hereinafter designated as the Tenant. (2) WITNESSETH: The Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed by the Tenant, does hereby lease unto the Tenant the following described premises situated in the City of Walled Lake, Oakland County, Michigan See Exhibit "A" attached hereto and made a part hereof by to-wit' , .... reference thereto. (See Paragraph 38) (3) For the term of from and after the day of 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 Pcp1 HUNDRED FORTY ONE THOUSAND THREE HUNDRED SEVENTY FIVE and 00/100 ($441,375.00 ) in lawful money of the United States payable in monthly installments in advance, upon the Tenth (10th) _day of each and every month as follows:— Seven Thousand Three Hundred Fifty Six and 25/100 ($7,356.25)Dollars with the rent for the first month pro-rated on a daily basis from the date the premises are ready for occupancy until the tenth of the following month and with the rent for the last month pro-rated on a daily basis from the 10th day of the last full calendar month of the teLm of the lease until the last day of the term of this lease. (4) The Tenant hereby hires the said premises for the said term as above mentioned and covenants well and truly to. pay, or cause to be paid unto the Landlord at the dates and times above mentioned, the rent above reserved. taya=x)DaxxxXXXXIKEMEOCXXXIERXMOCIEMIN ro 4 P' • 6 :4 '4012144: )9X030 ,eiive 44244_44, **Lk:44 ; tip; , 0,4**t. itoper 140,1!' Uthoep._,Ni " AriViarlaarSVIA: !CANN; 4111.44170:11"44%* K 4 te 4 ' • I g i ''t r -0 , MIXIXAMOMIK Assignment Banrup1ey and nF,o1 veney WZPW XliltRINAK (6) If the Tenant shall default in any payment or expenditure other than rent required to he 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 be 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 orsuch 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 madel 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 helmby shall he taken in execution, or by other process of law, or if the Tenant shall be declared bankrupt or insolvent, a6cording to law, or any receiver be appointed for the b usiness and property of the Tenant, or if any assignment shall he 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. A,K4W4,/ Oili41,,,cA_AK:AmitAaWil,s,04:444;40*64444 **Ars.tt ,.."—r-r,c1.4t.r.A.v-74.4"...4.—r-rtvireoti elr'v*AvF.W14,9;4..4-4-444444,ti+4,_,'-iititi,t410"iittiaii. 444 • 40.44 4 .f 1 141 4 4 4 • 'TIW,V4w4YYTWAAT44AW44144A4*4W+V 4 4444.444444.e.V"ff....fr v v. ',47774,41-41•Vorvv57.3 VPH;re. V4V L .4! ( , • 4. 6 .1.1 C 1 or e ins rurfterl 01. te-t-r$ 4'0041€'41 -04 #440-4,0# 45.' *iv 4 -4004".(tk. 1,*(44kti, OA+, . . (#4, A" i " " • ". ' 41‘.1.411"11"." 41 4e4P .11"."1,4' 41`44.°4! I....* -4-- 4 -4+4 • 4*. - • • • • -4 • +.4 • 14 - - - - • 4- - • • 4 • 4- .4 .4 4,4.• '11.' 0 'Ire I 4'it n3:11' 41 I' OF' OIL4' WV '411*(6,16V IL (t 16101' 4' n OlViAr*V XXXWANNMNX itoixioaxxxxxxlincgammx DWANdel ' 4141. WA.4ki44ckelittitoalwv 4 e*OVAAkta&WWW.V.t.4 ltaagreriliMitlaWfaiti, I4t ii5vigerVIVIOSZ54.1174n Tenant to Ilindemnify Repairs and Alterations for damages resulting to one for damages result- V 4), tt .4.141r/t " '44447 ' 44Ttiqa ,0 Enilnen t Domain Reservation Care of Premises UST: ill:30 (11) It is understood and agreed between the parties hereto that said premises during the continuance of this lease Occupancy ffi : shall be used and occupied for o ces , •••• — - .. ....... ...._. • and for no other purpose or purposes without the written c4nsent of the Landlord, and that the Tenant will riot 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 lehse forthwith and re-enter and repossess the leased premises. Fire (12) It is understood and agreed that if the pi -cruises l-ieltiy leased be damaged or destroyed io whole or in part by fire or other casualty during the term hereof, the Landlord Will repair and restore the same to good tenentabie condition with reasonable dispatch, and that the rent herein provided for shall abate entirely in case the entire premises are unten- notable 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 he no abatement of irental during the period of such resulting delay, and pro- vided further that there shall be no abatement of rental ill 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 farther 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 they are a par-thall be destroyed to the extent of more than one-half of the value thereof, the Landlord may at his option terminate this lease forthwith by a written notice to the Tenant. and mayle_major repairs to.the heating, air conditioning .& plumbing svstems, Repairs (L5) , me Landlord atter receiving written non from the -tenant arm n.aving reasoname opportunity thereafter to obtaincthe necessary workmen therefor agrees to keep in good order and -repair the roof and the four outer walls of the includin door frames, the window gla4s, window casings, window frames, windows or any of the k PretniisitianxaxMit/tbe doors, appliances or appurtenances of said doors or window casings, window frames and windows, or any attachment thereto or attachments to said building or premises used in connection therewith. MiXXX.q.a.AMENNaliMMEXHIRXXXXXKX "W 411' 4,40,4fro 4444:44.tiittfti;_,:c* 11`41 I 14474M: tk5( 1 t 41' (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 Ouse 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 One Million and 00/100 ($1,000,000.00) Dollars One Million and 00/100 ($1,000,000.00) Dollars ing from one casualty, and Three Hundred Fifty Thousand and 00/100 ($350,000.00) Dollars property damage insurance resulting from any one occurrenee. 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 shall he paid as additional rent due and payable upon the next ensuing rent day. 4' 044- 4.: 04•4,-• • '; .4 .4414)*4.1t,iffse": pio4op3ymA0041m4 INAN4444NhAAAA 404004444,0 4)144;'4"641"*".* ka-/A0AA4W44049MANSONiftE414.1t4144**441A441114044344.400,4410MA ;0404. ;444444444.* #4401 Atet. rtniirmiWiehfrhi timtwor, 4•1 14mA gi0WWW4,4* .0114 04, ,414,444/, 44"Vii4V41, 444,47404WAVOCWWW44440 W 44414**4 OWWWWW04 5il s person and (15) 04,1141# 41,1+14;21,10111P 40111.1111...411.0 +SVC. '0" 0440' :VS '41 1VittirsIfittitai, ' T—T1 f• ::*****"." :4'44.1011; 11" *ir Mern-X*f *44** '0' 4' 4,4t4W44i4V4$1044044i4•4444a4t14.43144V4/44414: t41,4044.t 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. • • • .! (6) If the whole or any part of the premises hereby leased shall be taken by 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 that part shall be required for any public purpose and the rent shall be paid up to that day and Trom 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 proportion 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 the fee of the premises herein leased; provided, however, that the Landlord shall not be entitled to any portion of the award made to the Tenant for loss of business. (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 aeri al, 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 (including adjmning drives, streets, alleys or yards) clean and free from rubbish, dirt, snow and ice 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•aad. dirt, or clean - op walks_ Said charges shall be paid to the Landlord by the Tenant as soon as bill is presented to hini and the. Landlord shall have the same remedy as is provided in Paragraph 6 of this lease in the event of Tenant's failuXe 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 arid State authorities affecting the premises hereby leased and the cleanliness, safety, occupation and use of same. Condition (20) The Tenant further acknowledges that he has examined the said leased premises prior to the making of this of Premises lease, and knows the condition thereof, and that no representations as to the condition or abate of repairs thereof have at Time of been made by the Landlord, or his agent, which are not herein ex.pressed, and the Tenant hereby accepts the leased Lease premises in their present condition at the date of the exeriut ion of this lease, except that Landlord hereby agrees to improve the premises in accArdanc, tdth,the plans attached hereto as Exhibit "b" (21)! The Laintilora soab not DE! responsime or nart.ti titlesecant Ut any n oF-, or ciamage twat 11:1V he occasioned and made a part by or through the acts or omissions of persons occupying hdjoining premises or any part of the premises adjacent to or :71ereof by connected with the premises hereby leased or any part or 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 reference thereani KXMC1 EXKLOTIU WITNESSF,T) BY: (L. S.) yr,. S.) Itobert L. McComb LOIS McCor,tC. f OUNTY OF OAKLAND; a Michigan Constitutional—Corporation, ..(L. S.) (L. S.) S.) Oakland County Boara'of Commissioners XXXX 4 o3 4% 0,0 i-XXXXiX)EIGNXIMOY&XXXXXIMM Matretamx9ENNXNMCXXXXXXXXECIODEXEC0 fit) ; t KRINMEMIONMIXMOIXFAXMOMDMINMECIRW Holding Over Gas, -Wa ter, . (24) The Tenant will pay all charges made against said leased premises for gas, water, heat and electricity during Heat, the continuance of this lease, as the same shall become due. I Electricity Advert ising (25) It is Fortner 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 size thereof, and that no sign shall be displayed excepting such as shall he 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. Access to (26) The Landlord shall have the right to enter upon the leased premises at all reasonable hours for the purpose Premises of inspecting the 'same. If the Landlord deems any repairs necessary be 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 he responsible to the Tenant for any less 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 cl6nand pay to the Landlord the cost thereof with interest at 7`.:ei per annum, and if he shall make default in such payment the Landlord shall have the remedies provided in Para- graph 6 hereof. • Re-En try Quiet Enjoyment Expenses— Damages Re-Entry Remedies not Exclusive Waiver Delay of POSCSS 0 Notices (27) In case any rent shall be due and unpaid or if default be made in any of the covenants herein contained, or if said leased premises shall be deserted or vacated, then it shall be lawful 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- • (28) The Landlord covenants that the said Tenant, on payment of all the aforesaid installm Ls and performing all the covenants aforesaid, shall and may peacefully and quietly have, bold and enjoy the said dcc a premises for the term aforesaid. (29) In the event that the Landlord shall, during the period covered by this lease, obtain possession of said premises by re-entry, summary proceedings, or otherwise, the Tenant hereby agrees to pay the Landlord the expense incurred 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. • (30) It is agreed that each and every of the sights, remedies and benefits provided by this lease shall be cumu- lative, and shall not be exclusive of any other of said rights, Iremedies and benefits, or of any other rights, remedies and benefits allowed by law. (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. • (32) It is understood that if the Tenant shall be unablO to enter into and occupy the premises hereby leased at the time above provided, by reason of the said premises not being ready for occupancy, or by reason of the bolding over of any previous occupant of said premises, or as a result of a!ny 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 t.:iitises as hereinbefore provided, the rental therefor shall be abated and the Landlord is to be the sole judge as to the premises are ready for occupancy. (33) Whenever this lease a provision is made for notice of any kind it shall he 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 addreaS 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 "h+," "its" and "their." • • (35) The covenants, conditions and agreements made arid 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. (38) For the term of five (5) years and renewable at Lessee's option on a month to month basis, commencing- on the date the Landlord advises tenant, in - writin .• that the premises are certified for occupancy, first payment due and payable sixty (60 days from_date of execution of this document. (39) See Exhibit "B" and "C" attached hereto and made a part hereof by reference thereto for additional provisions of this lease. IN WITNESS WHEREOF, The parties have hereunto set their_handS ay seals the day and year first above written. (23) It is hereby agreed that in the 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. day of_ (L, S.) My Commission Expires 762 NOTE: If nlort- than one ”ftirer, act 1,, ••C-Ach fq,", ,unl (21 "thwy:,e IL. S,) 1975, personally, appeared ROBERT L. McCOMB and acknOwledgedsaid,intrument to be their NOtary Public,;0a MY Commission exp 7 r.1". 0 co) C.10 tt) • pH r,d PYPI 5- IN CONSIDERATION of the letting of the premises in the foregoing instrument. described, zInd for the sum of one dollar, to .paid ....do hereby become surety for the num.-twit 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 atlany time be made therein •do he_rchty promise and agree to pay unto the part 777—of the first part named in said instrument, the said rent and arrears thereof that may be doe, and fully satisfy the condition of said instrument, and all damages that may occur by reason of the non-fulfillment thereof, without rerplirins , notice or proof of the demand being made. The Landlord shall not be held to strict construction adopted in cases ['if principal and surety. The surety shall not have the right to claim discharge, or plead by way of defense an y ext en,J„n of thn,, i VUfl by the Landlord, fa il ure of. he Lerathird 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 ulher remedies arid other securities which may po,,,ibty be ivailablo to the Landlord and any direct release, unless it be in writing duly authorized and executed. WITNESS hand . . and seal this 19 STATE OF MICHIGAN ss. COUNTY OF OaklandfA August ..before me, a ughten day of Seventy-Five Fred D. On this Thousand Nine Hundred and in and for said County, appeared by me sworn, did (1) . the Chairman . , in the year of our Lord One Notary Public .. to me personally known, who, being . say that (2), Oakland County Board of Commissioners COUNTY OF OALANP., a.Michigan constitutional Corporation, 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 scaled in behalf of said corporation by authority of its Board of Directors; and said Fred .D. Houghten acknowledges said instrument, to be the free act and deed of ari€d corporation. Notary Public Oakland . County, Michigan. SECT PROVISION • Paragraph 37 (Refer to ntra ,fruph 36 of .1.ease) The Landlord herewith acknowledges the receipt of ... 7-7777777-77€77 Dollars (.$ . . ), which he is to retain as security for the faithful performance of all of time covenants, conditions, and agreements of this lease, but in no event shall the li.andlerd be ohligcd to apply the saire upon rents or other charges in arrears or upon damages fur the Tenants' failure to perform the said covenants, eenditinm ,, and agreements; the Landlord may so apply the security at his opt ion; and the Landlord's right to the on of the premises for non-payment of rent or for any ether reason shall not in any event he affected by reason of the fact that 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 retur.ned 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 the 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, end agreennts of this lease, the Landlord may apply the said security upon all damages suffered to the dote of said repossession and may retain t he o,iid Sutirit y I cc11.Ay upon such damages as may he suffered or shall ac.r...rue thereafter by reason, of the Tenant's &lie loch lii 1,“tl1 lord shall not be obliged to keep the said security as a separate fund, ,hut :nay mix the said sciiiiiity with 1 -:i0 awn fonds. STATE OF MICHIGAN) ) SS COUNTY OF OAKLAND) #.7 tif On this / day of and LOIS RAE MCCOMB, his (1) free act and deed. cvd EXHIBIT A Building of sixteen thousand five hundred (16,500) square feet and paved parking area of approximately fifty-five thousand (55,000) square feet, part of Lot 46, Supervisors Plat #4, being part of West 1/2 of Section 26, part of the Southeast 1/4 of the Southeast 1/4, Section 27, part of the Northeast 1/4 of Section H34, and part Of the North- west 1/4, Section 35, Town 2 North, Range 8 East, City of Walled Lake, Oakland County, Michigan according to the plat thereof as recorded in Liber 54A of Plats, pages 79 and 79A, Oakland County Records and desctdbed as: Beginning at a point on the North line of said lot South 82 degrees 52 minutes 20 seconds West 435.25 feet from the Northeast corner of said lot; thence South 82 degrees 52 minutes 20 seconds West 325.0 feet thence South 7 degrees 7 minutes 40 seconds . East 220.01 feet thence North 82 degrees 52 minutes 20 seconds East 325.00 feet thence North 7 degrees 7 minutes 40 seconds West 220 feet to the point of beginni_ng, commonly known as 1000 - 1010 West Maple Road, Walled Lake, Michigan. WBTT E X N B T 7 1. Lessor shall provide for general building maintenance and parking lot, including snow removal, 2. Lessee shall be responsible for utilities and increases in taxes calculated from date of occupancy. 3. At the expiration of the fifth (5th) year of the lease and at any time during the sixth (6th) year, Lessee, County. of Oakland, at its option, may purchase the subject property For the sum of Two Hundred Thousand. ($200,000,00) Dollars, 4. Lessee shall be responsible for heat, electricity and water. August 7, 1975 #7222 Moved by Wilcox supported by Coy the resolution be adopted. Discussion followed. AYES:,Daly, Dearborn, Douglas, Dunleavy, Fortino, Gabler, Houghten, Lennon, McDonald, Moffitt, Montantv, Nowak, Page, Patterson, Perinoff, Pernick, Price, Roth, Simmons, Wilcox, Wilson, Aaron, Button, Coy. (24) NAYS: Hoot, Olson. (2) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) T., Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Resoiution #7222 adopted by the Oakland County Board of Comm •iss•ioners .•......•...... ............. •••,•#.....aeor•POO i e••••• ....... •••••• ..... at their meetin9 held on Aupst 7, 1975. • • • ••••••••••••• ..... • ts••• ..... ••••••••••••••••••••••.•••••••••••0••• 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 ......................day day of.. i9 7. Lynn De Allen,.....................Clerk By. ..... perf••••••••Ire•FP. ..... ....Deputy Clerk 7 AMENDMENT TO LEASE This AMENDMENT TO LEASE, made,: executed and delivered as of the 10th day of November, 1977 between ROBERT L. MCCOYB and LOIS RAE McCOMB of 4045 Overlea Court, Bloomfield Hills, Michigan, 48013 (hereinafter referred to as the "Landlord"), and the COUNTY OF OAKLAND, a Michigan Constitutional Corporation whose address is 1200 North Telegraph Road, Pontiac, Michigan, 48053 (hereinafter referred to as the "Tenant"). WTTNESSETH: WHEREAS, Landlord and Tenant entered into a Lease dated August 7, 1975 (hereinafter called the "Original Lease") a copy of which is attached hereto and made a part hereof as Exhibit A; and WHEREAS, Landlord and Tenant desire to amend the terms and conditions in the Original Lease and WHEREAS, the Original Lease contained a provision that at the expiration of the fifth year of the lease and at any time during the sixth year of the lease the Tenant, County of Oakland, at its option could purchase the subject property for the sum of Two Hundred Thousand and 00/100 ($200,000.00) Dollars; WHEREAS, the County of Oakland. in relying upon the option to purchase has paid for improvements to said property in the amount of Thirty-Four Thousand Fifty and 00/100 ($34,050.00) Dollars; and WHEREAS, the Landlord and the Tenant mutually agreed that in consideration of the Tenant paying for the cost of the heretofore mentioned improvements and the Landlord, through his construction company performing the Construction, that the parties hereto would enter into an executed amendment to the Original Lease, which amendment would incorporate all of the provisions of the Original Lease and, in particular Tenant's option to purchase the leased premises for the sum of Two Hundred WITNESSES: / ; : (jr--6-Ite siV Bernadine Twarog Walace F,,e-(labler, Jr. Oakland County Board of Commissioners. Thousand ($200,000.00) Dollars, which sun. of Two Hundred Thou- sand ($200,000.00) Dollars shall not, be increased by virtue of any increase in the value of the leased premises due to the improvements made and paid for by Tenant; and For the further consideration of the rents, covenants and conditions contained in the Original Lease, the Tenant and the Landlord do hereby agree as follows: That Paragraph three (3) of the Original Lease is hereby amended to include the following sentence at the end thereof; That as of November 10, 1977, the monthly rent of Seven Thousand Three Hundred Fifty-six and 25/100 ($7,356.25) Dollars shall be increased by the amount of Three Hundred Forty-two and 00/100 ($342.00) Dollars per month, which amount shall cover the addi- tional cost of custodial and maintenance expenses of the improved section of the leased premises, andlbring the total monthly rental payment to Seven Thousand Si X Hundred Ninety-eight and 25/100 ($7,698.25) Dollars. This increased amount shall run concurrently with and through the term of the Original Lease. That the Original Lease shall be amended to include an additional paragraph, entitled "Paragraph Forty", which shall state as follows: That the following items are to be supplied and paid for by the Tenant for the maintenance of the leased premises: all custodial cleaning supplies; all reStroom supplieS, including paper towels, soap and toilet paper; all garbage bags; any fees for garbage pick-up. .,,- Page 2 of -- I NotvarylPublic, Oakland County, Michigan. STATE OF MICHIGAN) COUNTY OF OAKLAND) ss The foregoing instrument was acknowledged before me this 12th day of itam.mtwx, 1977, by Robert L. McComb and Lois Rae McComb. My Commission Expires: Jan. 112 STATE OF MICHIGAN) COUNTY OF OAKLAND) ss On this 15Ulday of , 1977, before me, a Notary Public in and for said county, personally appeared Wallace F. Gabler, Jr., to me personally known, who being by me sworn did say that he is the Chairman of the Oakland County Board of Commissioners and that said instrument was signed and sealed in behalf of said County of Oakland and acknowledged said instrument to be the free act and deed of said County of Oakland. My Commission Expires: 9115180 Bernadine Warn g Notary Public, Oakland County, Michigan. - Page 3 of 3 -