HomeMy WebLinkAboutResolutions - 1975.05.01 - 14750May 1, 1975
REPORT
By Mr. Wilcox
IN RE: MISCELLANEOUS RESOLUTION #7065 - DISTRICT COURT LEASE AGREEMENT
MODIFICATION; 52nd, 3RD DIVISION
To thc Oakland County Board of Commissioners
Mr, Chairman, Ladies and Gentlemen:
The Finance Committee,
by . Richard R. Wilcox
' , Chairman, reports Miscellaneous
,
7065
be adopted.
FINANCE COMMITTEE
Richard R. Wilcox
Resolution No. with the recommendation - that the resolution
April 17, 1975
-
MISCELLANEOUS RESOLUTION 7065
BY: FINANCE COMMITTEE, Richard R. Wilcox, Chairman
IN RE: DISTRICT COURT LEASE AGREEMENT MODIFICATION: 52ND. 3RD DIV)SION
TO: OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Act 145 of the Public Acts of 1974 created an additional judge
for the Third Division of District No. 52 of the District Courts of the
State of Michigan; and
WHEREAS the County of Oakland is the District Control Unit and charged
with providing suitable court facilities for District No. 52; and
WHEREAS by Miscellaneous Resolution No. 6734 dated July 11, 1974, the
County of Oakland leased premises until July 16, 1979 in a building known
and designated as 530 Pine in the City of Rochester at a rate of $1,350,00
per month for approximately 3,000 sq. ft.; and
WHEREAS this area is inadequate to house an additional judge and. It
has become necessary to obtain an additional 2,507 sq. ft. for a total of 5,507
sq. ft. at an additional cost of $1,281,00 per month or $15,372.00 annually; and
WHEREAS by Miscellaneous Resolution #6922, the Buildings•& Grounds Com-
mittee and the Finance Committee did approve the expansion of the present lease
to accomodate the new judge; and
WHEREAS the Board of Commissioners at their meeting of December 19, 1974
referred the matter back to the Buildings & Grounds Committee for additional
modification to include barrier free access for handicapped persons; and %
WHEREAS contrary to this previous action, the Planning and Building Committee
at their meeting of March 27, 1975 moved to recommend to the Board of Commissioners
to seek bids for the additional space requirements; and
WHEREAS such action could result in the establishment of two separate court
locations; and
WHEREAS it has been determined that such action could result in additional
personnel costs of $23,375.00 and operating cost of $6,740 for .a total annual
cost of $30,115.00 plus a one-time Capital Outlay cost of $1,580.00; and
WHEREAS it would also result in additionally delaying the availability of
suitable quarters for the court; and
WHEREAS it would also result in an undesirable inconvenience to the
judg6,,attonneys and affected citizens; and
WHEREAS it is the desire of the Finance Committee to expedite the availa-
bility of suitable quarters and thus minimize the inconvenience to the affected
parties; and
WHEREAS the Finance Committee recommends the executing of a new lease
extending and modifying the terms of the existing lease; and
WHEREAS Fred D. Houghten, a member of the Oakland County Board of Commis-
sioners has an interest in the property known and designated as 530 Pine, City
of Rochester, Michigan; and
WHEREAS Act 317 of the Public Acts of 1968, as amended, permits a member
of the Board of Commissioners to be interested in a transaction involving the
County upon showing of such interest and an approval thereof by 2/3 of •the
members of the Board of Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
agrees to lease court facilities in the premises known as 530 Pine in the City
of Rochester, Michigan, at the rate of $2,631.00 per month for an area of
approximately 5507 sq. ft. for a period of five (5) years commencing June 1,
1975 and ending May 31, 1980 and that funds are available in the 1975 District
Court Budget - Rent line item.
BE IT FURTHER RESOLVED THAT the Chairman of this Board be and is hereby
authorized to execute a 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.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby
approves the interest of Fred D. Houghten, a member of this Board of Commissioners
as one of the proprietors in the above leased premises.
The Finance Committee, by Richard R. Wilcox, Chairman, moves the adoption
of the foregoing resolution.
FINANCE COMMITTEE
464:4444 4 0.24141,1
Richard R. Wilcox, Chairman
I H Y APPROVE THE • • EGOING RESOLUTION
44/1, ..°414 , T. . . Data
• • •
TERM
-RENT
AGREEMENT TO EXTEND AND
MODIFY EXISTING LEASE •
THIS AGREEMENT is made this day of • 197 4 by and between
134 U. University .Company, hereinafter referred to as the "LANDLORD,"
Party of the First Part,..and .The County of Oakland hereinafter referred
to as the "TENANT" Party of the Second Part.
WITNESSETH THAT:
WHEREAS the Landlord is the owner in fee simple of the premises, in-
cluding the land and building known as 530 Pine Building; Rochester, Mich-
WHEREAS ON July 17, 1969 the Landlord, entered into a written lease
with the Tenant for premises known as Suites 7,8,9 in the 530 Pine
Building, Rochester, Michigan, which said lease was renewed on .Hily
11, 1974 and which said renewal is still in full force and effect and
will expire on July 16, 1979.
WHEREAS Thè Tenant d6sires to continue to occupy Suites 7,8,9 covering
approximately 3000 square feet and furthermore to extend the lease to
cover the additional Suites #10,12 and #58 covering approximately 2507
square feet of area and to pay therefor the additional rent as hereinafter
specified, and to agree to the new conditions as hereinafter provided.
IT IS HEREBY AGREED TO BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. 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 siutated in the
530 Pine Building, Rochester, Michigan, to-wit Suites 17,8,9,10,12,58
for a period of 5 years beginning on June 1, 1975, and ending on the 3.1st
day of May 1980.
2. The Tenant agrees to occupy said premises for the aforesaid period
and to pay the Landlord a guaranteed rental at the rate of 1.2631.00
Dollars per month, payable in advance on the first day of each'month
becinning June 1, 1975. The above rental rate is based on approximately
5507 square feet of area, which includes all the outside wall and one-
half the common walls.
(A) it is further agreed that Tenant shall pay. as additional rental his
proportionate share of any tax increases, if any, in real property taxes
and assessments on buildinu and property known as 530 Pine Building; .
and including adjacent parking property over 1971 real property taxes, ,
as paid by the Landlord in that year on such premises. Also, an amount .
equal to the increase, if any, in premiums for fire.and extended cover-
iipe insurance over such PremiUms'as were paid by Landlord on. such premises
in 1973. Such apportionment being deemed to be 43_.6 per cent of such
total increases in taxes and insurance.
Both Parties agree that the lease as entered into on July 17, 1969 and
as rene:ad and-rmodified on July 14, 1974, except insofar as it is al-'-
tered by the provisions of this Agreement, or attached addendum, shall
remain in full force and effect for the extended period hereunder, and
all of its terms and conditions are hereby incorporated by reference.--
441 -illESS OgREOF * the PartieShereto have hereunto .Set'thelt hands:an
. - .
134 v. LINVIERS1Ti' COMPAllY
WITUESS:
by .
TENANT •
County.of'Oakland
seals the day and year first above written,. . . . .
(2)
nIr
• a
4
4
Ceiling Tile . . .
Light Fixtures (2' x •'. fluorescent)
Finished and painted Walls
, Electrical outlets
Floor. tile
IN WiTNESS WKREOF, Landlord and Tenant have signed and sealed
this lease as of the day. of 1975
134 West University Company ,
Witness
County of Oakland
134 W. UNIVERSITY CO.
134 W. UNIVERSLTY nRiVE
ANNEX SLIM
ROCHESTER, MICHIGAII 43053
ADDENDUM TO LEASE
The Lar.dlord shall furnish_ to the Tenant in Suite 12 in the
530 Pine Building the following improvements:
#706 5 • I . April 17, 1975
. -Moved by Wilcox supported by Patterson the rules be suspended for immediate , consideration of the resolution. .
The Chairman vacated his Chair and Vice-Chairman James W. Dunleavy presided.
Discussion followed.
AYES: Nowak, Page, Patterson, Wilcox, Coy, Dunleavy, Gabler, Hoot, Kasper,
McDonald, Moffitt, Montante. (12)
NAYS: Olson, Pernick, Price, Roth, Simmons, Wilson, Aaron, Button, Daly,
Dearborn, Douglas, Fortino, Lennon. (13)
PASS: Houghten. (1)
A sufficient majority not having voted therefor, the motion failed.
Moved by Daly supported by Lennon the resolution be referred to the Planning
and Building Committee.
A sufficient majority having voted therefor, the motion carried.
#7065 May 1, 1975
Moved by Wilcox supported by Nowak the rules be suspended for immediate
consideration of the resolution.
The Chairman vacated the Chair. Vice Chairman James W. Dunleavy took the chair.
AYES: Dunleavy, Fortino, Gabler, Kasper, Lennon, McDonald, Moffitt, Montante,
Nowak, Olson, Page, Patterson, Pernick, Price, Roth, Simmons, Wilcox, Wilson, Button,
Coy, Dearborn. (21)
NAYS: Hoot, Aaron, Daly, Douglas. (4)
A sufficient majority having voted therefor, the motion carried.
Moved by Wilcox supported by Moffitt the resolution be adopted.
Moved by Nowak supported by Button the resolution be amended in the "BE IT
FURTHER RESOLVED" paragraph by inserting the word 'Vice' before the word 'Chairman'.
A sufficient majority having voted therefor, the motion carried.
Moved by Daly supported by Patterson the resolution be amended the the Fourtli
WHEREAS paragraph by adding an addition 700 feet if available.
Discussion followed. -
A sufficient majority having voted therefor, the motion carried.
Vote on resolution, as amended:
AYES: Gabler, Hoot, Kasper, Lennon, McDonald, Moffitt, Montante, Nowak, Olson,
Page, Patterson, Price Roth, Simmons, Wilcox, Button, Coy, Daly, Dunleavy. (19)
NAYS: Fortino, Pernick, Wilson, Aaron, Dearborn, Douglas. (6)
ABSTAINED: Houghten. (1)
A sufficient majority having voted therefor, the resolution, as amended,
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
PY. Pvic; c 9vctY.1394ncl .q ea.t.
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 5th day of May I9.7.
Lynn D. Allen Clerk
By Deputy Clerk