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HomeMy WebLinkAboutResolutions - 1975.03.06 - 14720By Mr. Nowak The Planning and Building Committee, Patrick M. Nowak 2 Chairman, reports Miscellaneous by March 6, 1975 REPORT IN RE: MISCELLANEOUS RESOLUTION #6994 - APPROVAL OF LEASE AND RENOVATIONS FOR 52ND DISTRICT COURT, 1ST DIVISION To the Oakland County Board of Commissioners Mr. Chairman, Ladies and Gentlemen: Resolution No. 6994 with the recommendation' that the resolution be adopted. PLANNING AND BUILDING COMMITTEE Patrick M. Nowak, Chairman Miscellaneous Resolution 6994 February 20, 1975 BY: PLANNING AND BUILDING COMMITTEE - Patrick M. Nowak, Chairman IN RE: APPROVAL OF LEASE AND RENOVATIONS FOR 52ND DISTRICT COURT, 1ST DIVISION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS it is necessary to provide additional space for the new District Judge, 52nd District Court, 1st Division; and WHEREAS a proposed lease with the City of Walled Lake, which will terminate on July 1, 1977, will provide for the leasing of 841 sq. ft. of the Council Chambers at $4.30 per sq. ft. and 1,620 sq. ft. of vacant adjacent property at $0.30 per sq. ft. for the erection of a portable building to handle the administrative functions of the Court; and WHEREAS your Committee recommends that said lease, in the form attached hereto, between the County of Oakland and City of Walled Lake be executed; NOW THEREFORE BE IT RESOLVED that the lease agreement between the City of Walled Lake and the County of Oakland for the leasing of 841 sq. ft. of the Council Chambers at $4,30 per sck ft. and 1,620 sq. ft. of vacant adjacent property at $0.30 per sq ft. for the erection of a portable building to handle the administrative functions of the Court be approved. BE IT FURTHER RESOLVED that the Chairman of the Board be and he is hereby authorized to execute said lease on behalf of the County of Oakland. The Planning and Building Committee, by Patrick M. Nowak, Chairman, moves the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Patrick M. Nowak ,01Chairman LEASE OF FACILITIES FOR THE USE OF THE 52nd DISTRICT COURT This Agreement is made this .,(4,e day of 1975 by and between THE CITY OF WALLED LAKE, a municipal cor- poration, herein called the Lessor, and THE COUNTY OF OAKLAND, the District Control Unit having responsibility for the 52nd District Court of the State of Michigan, herein called the Lessee. 1. Lease of Premises. The Lessor agrees to lease to the Lessee and the Lessee agrees to lease from the Lessor, for the benefit of the 52nd District Court of the State of Michigan, the following premises located in the City of Walled Lake, Oakland CountY, Michigan: a. The Council Chambers of the City of Walled Lake located in the City Hall at 1499 West Maple Road, Walled Lake, Michigan, to be occupied and used as a Court Room in accor- dance with the terms and conditions of this Lease. b. A parcel of land adjacent to the north wall of the City Council Chambers and to the northeast corner of the present Court facilities adjacent to the City Hall sufficient to erect and maintain a twenty (20) foot by forty (40) foot portable office building for the exclusive use of the 52nd _ District Court personnel engaged in Court and related operations. • 2. Term, The term of this Lease shall begin on the day that the Council Chambers are ready for occupancy by the Court, •but not later than the 2a.11_ day of JU • , 1975, and shalll De end on the first day of July, 1977. Lessee shall have an -1- option to renew this Lease for one (1) additional year, ending on the first day of July, 1978, at the same terms and conditions, by giving written notice to the Lessor of its intent to do so not less than ninety (90) days prior to the expiration of the current term. 3. Rent. As rent for the premises for the term hereof, the Lessee shall pay to the Lessor a monthly rental of Three Hundred Forty-two ($342.00) Dollars. The first payment shall be paid upon delivery of this Lease and a like sum shall be paid in advance on the first day of each calendar month following the beginning of the term as defined in Paragraph 2, during the term of the Lease. 4. Use of Council Chambers. The Council Chambers will be used by the District Court only during the hours beginning at 8;00 A.M. and ending at 6:00 P.M. Monday through Friday, except in case of an emergency. The Lessor shall have the use of the Council Chambers at all other times. 5. Required Alterations. The Lessee shall, prior to occupancy, perform the following renovations or alterations to the leased premises: a. Council Chamber furnishings shall be relocated to put the Council table, which also will be used as the bench for the Court, against the west wall rather than against the north wall of the Council Chambers. b. Lessee will construct a passage door between the Council Chambers and the existing District Court at the south end of the west wall of the Council Chambers, such door to match the decor of the Council Chambers. -2- c. Lessee will identify the passage way door from the Council Chambers to the City Hall itself as an 'emergency exit and shall install appropriate hardware to discourage use of this door as a passage way by the public. d. Lessee shall replace the carpeting in the Council Chambers with carpeting accePtable to the Lessor as a part of the relocation described in Paragraph a.above. e. The Lessee shall soundproof the passage door between the Council Chambers and the City of Walled Lake machine room for the purpose of eliminating or muffling noise emanating therefrom. 6. Portable Office Building. The Lessee shall, upon receipt of a building permit, erect a twenty (20) foot by forty (40) foot portable office building adjacent to the City Hall within the area leased hereunder, install concrete sidewalls with a weatherproof en- closure, install infrared heaters and properly landscape the north and east sides of the portable building to screen said building from public view. 7. Utilities. Lessor will be responsible for heat, light, and air conditioning for the Council Chambers using existing systems presently in operation. -Lessee will be responsible for all utilities, heat and air conditioning in the portable building and the passage way adjacent to that building connecting the present District Court facilities with the north door to the Council Chambers. All such utilities shall be separately metered and billed directly to the Lessee. 8. Maintenance and Repair. Lessor will maintain and keep in good repair the Council Chambers. Lessor will also provide twice weekly -3- cleaning services for the Council Chambers and the portable building including vacuuming of all carpets,,dustirig and/or wiping of all counters, railings, pictures, and emptying of all waste baskets and rubbish receptacles. Annually, the Lessor will wash and/or paint walls and ceilings as required, clean carpeting if needed, clean lighting fixtures and dry clean or wash drapes. The cost of cleaning services for the portable building and for more frequent or additional custodial services, if desired by the Lessee, will be paid for by the Lessee at the cost of such services to the Lessor. Except as provided in this paragraph, the Lessee will be responsible for all other maintenance and repair of the portable building and adjacent passage way. 9. Drives Sidewalks and Parking Lots. The Lessor shall maintain the driveways, sidewalks and parking lots of_ the-City Hall and Court facilities, in-. eluding snow removal. Should the parties determine that present parking facilities are inadequate to serve both the expanded 52nd District Court and the needs of the City Hall, the Lessee shall contribute to the cost of such additional parking facilities in proportion to the usage by the District Court of the parking lots as compared to the total usage of the parking lots. 10. Insurance. The Lessor shall provide fire, extended coverage and vandalism and malicious mischief insurance covering the Council Chambers. The Lessee shall carry such insurance covering the portable building and the passage way. Both parties shall provide public liability and property damage insurance covering their separate operations with respect to the property leased hereunder. -4-- 11. .Signs. The Lessee and/or the 52nd District Court may erect necessary signs on the exterior and interior walls of the property leased hereunder in order to direct the public to proper areas. 12. General Conditions. a. The Lessee shall use and occupy the premises only for the purposes for which they are let, shall keep the premises in accordance with all police, sanitary and other regulations imposed by any governmental authority, shall observe all reasonable regulations and requirements of under- writers concerning the use and condition of the premises tending to reduce fire hazards and insurance rates and will not permit or allow any rubbish, waste material or products to accumulate on the premises, and will not assign this Lease or sublet the premises or any part thereof without the consent of the Lessor thereto endorsed hereon in writing. b. If Lessee shall hold over after expiration of the term, any future right of possession nöt evident by an instrument in writing executed and delivered by the land- lord, shall be a tenancy from calendar month to calendar month and for no longer term. c. If the demised premises become wholly untenant- . able, through damage or destruction by fire or other cause, this Lease shall be void; if partially untenantable the Lessor shall repair the same with all convenient speed and the obli- gation of the Lessee to pay the monthly rental shall continue in full provided such repair shall be completed within sixty (SO) days. d. The Lessee, on payment of the rental at the time and in the manner aforesaid and performing all of the foregoing covenants, shall and may peacefully and quietly have, hold and enjoy the demised premises for the term afore- said. -5- . CITY OF WALLED LAKE By cr,y(r,,ti[2V/ 4 c:I ty(,Manager COUNTY OF OAKLAND By airman, Board /baw Subscribed and sworn to before me this //1 day of , 1975. otary Pub . NotaFy Commiu17 5N-ph.:er: 13. Termination. Upon the expiration or termination of this Lease or of any renewal or replacement hereof, the Lessee shall remove the portable office building and all related structures and shall restore the area and the landscaping thereof to the conditions existing at the date of execution of this Lease. IN WITNESS WHEREOF, the parties hereto have executed this Contract at the City of Walled Lake, Oakland County, Michigan, upon the day and year first above stated. of Commissioners - STATE OF MICHIGAN) )SS. COUNTY OF OAKLAND) FISCAL NOTE March 6, 1975 BY: FINANCE COMMITTEE - Richard R„ Wilcox, Chairman IN RE: MISC. RES. #6994 - APPROVAL OF LEASE AND RENOVATION FOR 52ND DISTRICT COURT, 1ST DIVISION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: Pursuant to Rule XI, C of this Board, the Finance Committee finds the sum of $25,859.00 available in the Contingent Fund in the 1975 Oakland County Budget These funds should be transferred to the following budgets: District Court line item - Rent $ 4,102 District Court fine item - Communications 400 District Court line item - Heat, Lights, Gas & Water 1,477 District Court line item -Janitorial Services 880 D. FO, - Special Projects 19,000 $25,859 FINANCE COMMITTEE Richard R. Wilcox, Chairman - #6994 Moved by Nowak supported by Coy that resolution 0994 be adopted. AYES: Pernick, Price, Roth, Simmons, Wilcox, Button, Coy, Daly, Dearborn, Dunleavy, Fortino, Hoot, Houghten, Kasper, Lennon, McDonald, Moffitt, Montante, Nowak, Olson, Patterson. (21) 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 #6994 adopted by the Oakland County Board of Commissioners at their meeting held on March 6, 1975 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 7th day o f March Lynn D. Allen........ .............. Clerk By Deputy Clerk