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HomeMy WebLinkAboutResolutions - 1974.08.08 - 14974Miscellaneous Resolution 6779 August 8, 1974 Patrick M.—Nowak, Chairman BY: BUILDINGS & GROUNDS COMMITTEE - Patrick M. Nowak, Chairman IN RE: RENEWAL OF RECIDIVIST PROGRAM LEASE AGREEMENT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS, pursuant to Miscellaneous Resolution #6444 the County of Oakland entered into a lease agreement with the Washington Square Plaza, Suite 415, Washington Square Plaza, Royal Oak, Michigan 48067 for the Recidivist Program for Royal Oak; and WHEREAS said lease agreement has expired and a renewal lease agreement has been negotiated for the period commencing July 1, 1974 and ending June 30, 1976, in the amount of $750.00 per month to occupy the following premises in the City of Royal Oak, Oakland County Michigan: Suites 319, 320, 325 and 326, located at 306 South Washington, Royal Oak, Michigan, which legal description is: Block 17, Assessors Plat #20, of Sherman Stevens Plat, known as the original plat of Royal Oak, Section 22, T 1 N, R 11 E, recorded in Liber 53, Pages 33 and 33A, Oakland County Records. NOW THEREFORE BE IT RESOLVED that the County of Oakland enter into a lease renewal with Alexander M. Butcher, d/b/a/ Washington Square Plaza, Suite 415, Washington Square Plaza, Royal Oak, Michigan 48067 to occupy the aforementioned premises for the Royal Oak Recidivist Program for a term beginning July 1, 1974 and ending June 30, 1976 at a rental fee of $750.00 per month. BE IT FURTHER RESOLVED that the Chairman of the Board is hereby authorized to execute the lease renewal agreement on behalf of the County of Oakland in the form as attached hereto and made a part hereof. The Buildings and Grounds Committee, by Patrick M. Nowak, Chairman, moves the adoption of the foregoing resolution. BUILDINGS & GROUNDS COMMITTEE Moved by Nowak supported by Richardson the resolution be referred to the Finance Committee. There were no objections. D:7171. OJT I.,ZOAL i4-37i5. 115 t,N34 I:4 0=4-r ear., Dtt.,122..14.1c.blxiLa. CO: 2.=.1 IT, LSE l'orm 203-21.951 ,19 74 , 19 7 1st 30th day July day of June for a term beginning the and ending the to be used and occupied only for Pe. — This Memorandum Witnesseth: That Alexander M. Butcher, d/b/a Washington -Square. Plaza, 415 Washington Square Plaza, Royal Oak, Michigan 48067 hereinafter designated as the "1.-andlord," hereby let and lease to Oakland County, a Michigan Constitutional Corporation, 1200 North Telegraph Road Pontiac, Michigan 4805 hereinafter clesignuted as the "Tenant," subject to the conditions and reserrations hereinafter set forth, the following premises in the City of City of Royal Oak, Oakland County, Michigan, viz.: Suites 319, 320, 325 and 326, Located at 306 South Washington, Royal Oak, Michigan, wh±ch legal description is: Block 17, Assessors Plat 420, of Sherman Stevens Plat, known as the.oriqinal plat of Royal Oak, Section 22, T 1 N, R 11 E, recorded in Liber 53, Pages 33 and 33A, Oakland County Records. PROVIDED, In case any rent shall be due and unTxsici or default be made in any of the covenants herein contained, then it shall be lawful for the Landlord and the Landlord's certain attorney, heirs, representatives, sucriors and assigns, to re-enter into re-possess the premises and the Tenant and each and every occutemt to remove and put out The Tenant hereby hires said premises for the terns aforesaid, and coveetnnth: I. To pay the Landlord as rental for said premises for the terra, the following sures upon the follcriting dates: Thes=„fSeven Hundred Fifty and no/100 - - - - -7 -Dollars upon delivery hereof, and a Ince sum in advance on the f irst day of each calendar month thereafter during the term. 2. To use and occupy the said premises only for the purposes for which they are let to the Tenant, and t'_fe ,. eee Tenant will not, unless h-einbefore speciEcally demised for that purpose, pca-nsit intoxicating liquors to be stored, fee't, used or manufactured upon the premises. Liquor may be kept and sold for medicinal ptu-poses incident to ceceerency for a drugstore. 3. To keep the premises in accordance with all police, sanitary and other regulations M'N Of hereafter imposed by any government authority. . 4, To obs.n-ye all reasonable regulations and req. uirements of underwriters concerning the use and condition of the premises tending to reduce fire ha -,-Irds and insurance rates, and to pay to the Landlord any incrrase in iasueance premiums over previous rates occasioned by the nature of the Tenant's business or the manner of conducting the same, and not to permit nor allow any rubbish, waste material or products to ace-Lunt:late on the premises. 5. That in event the Tenant Is declared a bankrupt, makes an assignment for the benefit of creditors or the Tenant's - c.state passes into the custody of a receiver appointed by a Court, or shall be sold on exeiation, this lease shall, at the option of the Landlord, terminate upon thirty days' notice_ 6. The Tenant shall not assign this lease absolutely tor as security, nor sublet the premises nor any part thereof without the consent of the. Landlord thereto endorsed hereon in writing, and the granting of such consent in one instance shall not be a waiver by the Landlord of the landlord's right to enforce the above condition incident to a future assignment or sub! en lug. 7. To keep the premises, including the equipment and fixtures of every kind and nature, during the term, in as good repair and at the expiration thereof yield and deliver up the same in like condition as when taken, reasonable wear thereof and damage by the elements excepted. 8. That in event he shall hold over after the expiration of the term demised for a sufficient period of time to create a renewal of the lease by operation of law, that any renewal or future right of possession not evidenced by an instrument in writing, executed and delivered by the Landlord, shall be a tenancy from calendar month to calendar month, and for no longer term. 9. If the demised premises become wholly untenantable through damage or destruction by fire not occasioned by the negligence of the Tenant, this lease shall be void; if partially untenantabie, the Landlord shall repair the same with all con- venient speed, and the obligation of the Tenant to pay the monthly rental shall continue in full force, provided such reixdrs shall be completed within forty days; provided also, if the estimated cost of restoring the premises exceeds forty per cent of their pre fire value, the Landlord may, at the Landtord's option, terminate this lease fortkn''.--- XX]ns'CDC25?;-1--ar-.);s72 ,i;g's`K,,X1',74?;;;YeXasYs.,;qC.- .->a1.7,5eiYe.-jZZtsrientaXtell'eaCstall.tett'.''.'t-Z."...Y.L`nnEXtfc)Instiltilattisl - XtiOnPORnitMCXXIIMiatiXtKithiuMCLIttzVa`.KV..=Lq3ClecY-Cisti .X..141. 11. To make no alterations or additions to the demised premises without the Landlord's consent first obtained inwriting. 12. On surrender of the premises to repair all damage to floors, walls, ceilings and other parts of the premises occa- sioned by the installation or removal of trade fixtures installed by the Tenant, and restore the premises to like condition as when taken, and remove all debris, rubbish and waste material therefrom. 13. That a failure of the Landlord to enforce the breach of any covenant or condition herein, shall not be construed as a waiver of the Landlord's rights arising from any future default of the Tenant 14. That no surrender of the premises by the Tenant prior to the expiration of the term shall be valid unless accepted by the Landlord in writing. 15. That the Tenant has examined the condition of the premises and acknowledges That at the date hereof they are in the condition represented by the Landlord and the Landlord's agents, and suitable for the purpose demised, and releases the Landlord from all obligation to repair, and from all claims that may arise from any defective or alleged defective conditions, and accepts the premises in the condition they are at the time possession is taken. 16. That in event of a partial eviction occasioned by act or neglect of the Landlord that does not materially affect beneficial use by the Tenant, the obligation to pay rent shall not abate, but possession shall be restored or the rental reduced proportionately at the option of the Landlord. 17. If the demised premises consist of only a part of a structure owned or controlled by the Landlord, the Landlord may enter the demised premises at reasonable times and install or repair pipes, wires and other appliances deemed by the Landlord essential to the use and occupation of other parts of the Landlord's building, and that the Tenant will not obstruct the use of stairways, areaways, passages or other easements provided for the common use of the occupants of the structure, of which the demised premises are a part, or any adjoining structure having a dominant easement whether in common or in severalty. 7:57aYti.K.X-X-tatisiZtr..)f -UaCZTAQIN)20,i-YeliOfFsXjtta .,e7a_.;3t77-qC7-7-- 7-77 — UNX:f.4-XX-aX XtIng..tgeNtanitYal<lsenUlt.Y....C4 a • .7 : ,Zr...KZ;XX-N -htqii-,-.1faa-7.4QT.;s7_1{777.to, ..tea 19. That the Tenant will not erect nor display any sign upon the premises except heth as advertises the Tenant's own business, and only of such size, nature, and in such position as is approved by the Lar ed in writing. 20. That the Landlord may, during the last ninety days of the demised term, or immediately after service of notice forfeiture for breach of any covenant or condition herein, maintain the usual "To Rent" sign upon the demised premises and during such period at reasonable times show prospective tenants through the premises. 21. In event of delay in delivering possession incident to malting repairs or improvements or holding over by any occu- pant in possession at the commencement of the demised term, the rental reserved shall be rebated pro rata during the time the Tenant is kept out of possession, and the landlord shall be subject to no other or further liability whatsoever. 22. That the Landlord shall not be liable for any damage or injury of the Tenant, the Tenant's agents or employees, or to any person entering the premises, or to goods or chattels therein, resulting from any defect in the structure or its equip'-merit, or in the structure or equipment of the structure of which the demised premises are a part, or arising through the acts or negligence of other occupants of the structure of which the demised premises are a part, and to indemnify and save the Landlord harmless from all such claims of every kind and nature. 23. That the mailing by registered mail of any notice or demand addressed to the Tenant at the street neernb- of the demised premises in the City or Village and State wherein the demised premises are situate shall be a sufficient service thereof, personal service upon the Tenant being hereby expressly waived. 24X)tiel-bnCer.14Xtle...lekSKIZIX tr. 11-YlNeX7PrcIftii—§CZLIKX:st'sf - XXX:?0CnC 'Ott'X'XIstan"tatnt-eart."'..' 25. That in event the Landlord shall advance any sum for the payment of any charge which the Tenant has by ehis lease agreed to pay, the Tenant will pay the Landlord such sum, together with interest thereon at the rate of 7% per artnetn. 26. That in event the premises, or any part thereof, are taken through exercis.e of the power of erre 7:eent clnos7e the entire award for damages to the premises, both leasehold and reversion, shall be the sole property of the Landlora. ene the Tenant hereby assigns to the Landlord all the Tenant's right -, title and interest in any joint award made pursuant proceedings, and authorizes and empowers the Landlord in the name of the Tenant to receipt and give acquittaeme therefor, and to make, execute and deliver in the Tenant's name any release or other instrument that may be required to reenner any such award or judgment. In event the entire premises are taken, rental shall be paid to the date the Tenant is ousted pursuant to such pro- ceedings, and all the other covenants and conditions of this lease having beers performed, this lease shall be void. If less than the whole be taken, the Landlord may at the Landlord's option restore the remainder of the premises, and the rental shall be reduced by an amount equal to interest at 6% per annum on any sum received by the Land- lord for such award .less the expense incurred in restoring the building, the expense of defending such proceedings arid less the amount of any assessment for benefits assessed against the demised premises. in ee.t.t the Landlord shall elect not to ...store the building, this least shall be void in same ma.uaer as is above - provided, in event the entire premises are taken. 27. All water, electricity, and heat will be furnished by the Landlord. 28. It is further agreed that upon execution of this lease, Landlord will provide adequate air conditioning and partitionin It Is Mutually Agreed: 1. That the Landlord reserves the exclusive use or. the roof and exterior walls of the demised premises, together with the right of access thereto, with the right to tnaVc such beneficial use thereof as the Landlord may desire, the Tenant's sign, as hereinbefore provided, excepted.. 2. The Landlord may enter the demised premises at all reasonable times and inspect the condition of the premises. 3. The Landlord may encumber the premises by mortgage, securing such sums and upon such terms and conditions as the Landlord may desire, and any mortgage so given shall be a first lien on the land, both leasehold and re-version, superior to the rights of the Tenant therein, and in event the premises are now or hereafter encumbered by mortgage and foreclosure is commenced or threatened because of default by the I-andloed in the payment of principal, interest, taxes or insurance, the Tenant may at the Tenant's option pay such items in default, and all such payments shall be credited on the rental reserved herein matured or next maturing. Signed, Sealed and Delivered, this day of - Alexander M. Butcher By: S.) By: tri The Landlord Covenants: 1. Upon receipt of notice from the Tenant of a defective condition of the roof or exterior walls of the building, with all convenient speed, to order competent mechanics to repair the same and to pay the charge therefor. That the Tenant, on payment of the rental at the time and in the manner aforesaid and performing of all of the fore- going covenants, shall and may peacefully and quietly have, hold, and enjoy the demised prernises for the term aforesaid. The covenants and conditional herein shall .:.• the heirs, representatives, successors and assigns of the Landlord and the Tenant. ,19 WASHINGTON SQUARE PLAZA n the presence of: COUNTY OF OAKLAND, A (LS.) MICH:TG AN CONSTITUTIONAL CORPORATION DETnorr LF0A.T, 7 ,777;t3. 415 Beco.(34 4 CE.-reAr, DttreIt 5f, ri tri cots1(174.m A T A 13 Farm :03-21(151 This Memorandum Witnesseth: That Alexander M. Butcher, d/b/a Washington Square Plaza, 415 Washington Square Plaza, Royal Oak, Michigan 48067 hereinafter designated as the "Leee'Ierd," hereby let and lease to Oakland County, a Michigan Constitutional Corporation, 1200 North Telegraph Road Pontiac, Michigan 48053 hereinafter designuted as the "Tenant," subject to the conditions and reservations hereinafter. P et forth, the following premises in the City of City of Royal Oak, Oakland • County, Michigan, viz.: Suites 319, 320, 325 and 326, Located at 306 South Washington, Royal Oak, Michigan, wh±ch legal description is: Block 17, Assessors Plat #20, of Sherman Stevens Plat, known as the original plat of Royal Oak, Section 22, T 1 N, R 11 E, recorded in Liber 53, Pages 33 and 33A, Oakland County Records. for a term beginning the and ending the to be used and occupied only for 1st clay of July ,1974 30th day of June 76 19 PROVIDED, In case any rent shall be due and unpaid or default be made in any of n- covenants herein contained, then it shall be lawful for the landlord and the Landlord's certain, attorney, heirs, reprentatives, successors and assigns, to re-enter into, re-possess the premises and the Tenant and each and every occupant to remove and put out The Tenant hereby hires said premises for the terra aforesaid, and covenants: 1. To pay the Landlord as rental for said premises for the term, the following sums upon the following dates: ThesumoiSeven Hundred Fifty and no/100 Dollars upon delivery hereof, and a like sum in advance on the first day of each calendar month thereafter during the term. 2. To use and occupy the said premises only for the purposes for which they are let to the Tenant, and that the Tenant will not, unless hereinbefore specifically demised for that purpose, permit intoxicating liquors to be stored, sold, used or manufactured upon the premises. Liquor may be kept and sold for medicinal purposes incident to occupancy for a drugstore. 3. To keep the premises in accordance with all police, sanitary and other regulations now or hereafter imposed by any government authority. 4. To observe all reasonable regulations and requirements of underwriters coecerning the use and condition of the premises tending to reduce fire hazards and insurance rates, and to pay to the Lendlord any increase in insurance premiums over previous rates occasioned by the nature of the Tenant's business or the manner of conducting the same, and not to permit nor allow any rubbish, waste material or products to accumulate on the premises. 5. That in event the Tenant is declared a bankrupt, makes an assignment for the benefit of creditors, or the Tenant's estate passes into the custody of a receiver appointed by a Court, or shall be sold on execution, this lease shall, at the option of the Landlord, terminate upon thirty days' notice. "I 6. The Tenant shall not assi g n this lease abfolutely tor as security, nor sublet the prerniacs nor any part thereof without the consent of the Landlord thereto endorsed hereon in writing, and the granting of such consent in one instance shall not be a waiver by the Landlord of the Landlord's right to enforce the above condition incident to a future assignment or sublett lug. . To keep the premises, including the equipment and fixtures of every kind and nature, during the term, in as good - repair and at the expiration thereof y ield and deliver op the same in like condition as when taken, reasonable wear thereof and damage by the elements excepted. • 8. That in event he shall hold over after the expiration of the term demised for a sufficient period of time to create a renewal of the lease by operation of law, that any renewal or future right of possession not evidenced by an instrument in writing, executed and delivered by the Landlord, shall be a tenancy from calendar month to calendar month, and for no longer term.. 9. If the demised premises become wholly untenantable throu gh damage or destruction by fire not occasioned by the negligence of the Tenant, this lease shall be void; if partially untenantable, the Landlord shall repair the same with all con- venient speed, and the obligation of the Tenant to pay the monthly rental shall continue in full force, provided such repairs shall be completed within forty days; provided also, if the estimated co .,f of restoria-ax the premi-,es exceeds forty per cent of their pre fire value, the Landlord may, at the Landlord's option, ten- 'nate this lease for''avith. 7 11. To make no alterations or additions to the demised premises without the Landloi<l's consent first obtained in writing. 12. On surrender of the premises to repair all damage to floors walls, ceilings and other parts of the premises occa- sioned by the installation or removal of trade fixtures installed, by ;he Tenant, and restore the premises to like condition as when taken, and remove all debris, rubbish and waste rnate.rial therefrom. 13. That a failure of the Landlord to enforce the breach of any covenant or condition herein, shall not be construed as a waiver of the Landlord's rights arising from any future default of the Tenant • 14. That no surrender of the premises by the Tenant prior to the expiration of the term shall be valid unless accepted by the Landlord in writing:. 15. That the Tenant has examined the condition of the premises and acknowledges that at the date hereof they are in the condition represented by the Landlord and the Landlord's agents, and suitable for the purpose demised, and releases the Landlord from all obligation to repair, and from all claims that may arise from any defective or alleged . defective conditions, and accepts the premises in the condition they are at the time possession is taken. 16. That in event of a partial eviction occasioned by act or neglect of the Landlord that .does not - materially affect beneficial use by the Tenant, the obligation to pay rent shall not abate, but possession shall be restored or the rental reduced proportionately at the option of the Landlord. 17. If the demised premises consist of only a part of a structure owned or controlled by the Landlord, the Landlord may enter the demised premises at reasonable times and install or repair pipes, wires and other appliances deemed by the Landlord essential to the use and occupation of other parts of the Landlord's building, and that the Tenant will not obstruct the use of stairways, areaways, passages or other easements provided for the common use of the occupants of the structure, of which the demised premises are a part, or any adjoining structure having a dominant easement whether in common. or in severalty. 7-77- 7777 '77'7 }{Y)5,,,Wp`.Wr3S.4"-f.74NeYs.= f , 7 .7 , Yti 71/2 ',;"n:)\:::n-13‘, 19, That the Tenant will not erect nor display • any sign upon the premises except such as advertises the Tenant's own business, and only of such size, nature, and in such position as is approved by the Landlord in writing. 29. That the Landlord may, during the last ninety days of the demised term. or immediately after service of notice of forfeiture for breach of an y covenant or condition herein, maintain the usual "To Rent" sign upon the demised premises, and during such period at reasonable times show prospective tenants through the premises. 21. In event of delay in delivering possession incident to making repairs or improvements or holding over by any occu-pant in possession at the commencem ent of the demised term, the rental reserved shall be rebated pro rata during the time the Tenant is kept out of possession, and the Landlord shall be subject to no other or further liability whatsoever. V. That the Landlord shall not be liable for any damage or injury of the Tenant, the Tenant's agents or employees, or to any person entering the premises, or to goods or chattels therein, resulting from any defect in the structure or its equip- ment, or in the structure or equipment of the structure of which the demised premises are a part, or arising through the acts or negligence of other occupants of the structure of which the demised premises are a part, and to indemnify and save the Landlord harmless from all such claims of every kind and nature. 23. That the mailing by registered mail of any notice or demand addressed to the Tenant at the street number of the demised premises in the City or Village and State wherein the demised premises are situate shall be a sufficient service thereof, personal service upon the Tenant bein g hereby expressly waived. 2-totick: al.m051-xxxlcii-boorig)-efix....N.x.rmgyz-Tilutlelx„,ittuatatatztlitxt.weckoztx ZMIXX , 'acl.f36REIW Xilki<ar4XXXXXXXXXXXXX -8"""*4- XXiX 4,;$ $ 25. That in event the Landlord shall advance any sum for the payment of an y charge which the Tenant has by this lease agreed to pay, the Tenant will pay the Landlord such sum, together with interest thereon at the rate of 7% per annum- 26. That in event the premises, or any part thereof, are taken through exercise of the power of eminent domain, the entire award for damages to the premises, both leasehold and reversion, shall be the sole propert y of the Landlord, and the Tenant hereby assigns to the Landlord all the Tenant's right, title and interest in an y joint award made pursuant to any such proceedings, and authorizes and empowers th e Landlord in the name of the Tenant to receipt and give acquittance therefor, and to make, execute and deliver in the Tenant's mune any rel ease or other instrument that may be required to recover any such award or judgment In event the entire premises are taken, rental shall be paid to the date the Tenant is ousted pursuant to such pro- ceedings, and all the other covenants and conditions of this lease having been performed, this lease shall be void. If less than the whole be taken, the Landlord may at the Landlord's option restore the remainder of the premises, and the rental shalt be reduced by an amount equal to interest at 6% per annum on any sum received by the Land- lord for such award less the expense incurred in restoring the building, the expense of defending such proceedings and less the amount of any assessment for benefits assessed against the demised premises. ii c:c!,t the LAnd!ord shall elect not to e....tore the building, this leTlse shall h.- void in same manner as is above prided, in event the entire premises ace taken. - 27, All water, electricity, and heat will be furnished by the Landlord. 28. It is further agreed that upon execution of this lease, Landlord will provide •adequate air conditioning and partitioning It Is Mutually Agreed: • 1. That the Landlord reserves the exclusive use of the roof and exterior walls of the demised premises, together with the right of access thereto; with the right to make such benefic .i.-3.1 use thereof as the Landlord may desire, the Tenant's sign, as hereinbefore provided, excepted_ 2. The Landlord may enter the demised premises at all reasonable times and inspect the condition of the premises. 3. The Landlord may encumber the premises by mortgage, securing such sums and upon such terms and conditions as the Landlord may desire, and any mortgage so given shall be a first lien on the land, both leasehold and reversion, superior to the rights of the Tenant therein, and irs event the premises are now or hereafter encumbered by mortgage and foreclosure is commenced or threatened be cause of default by the .,,andlorel in the payment of principal, interest, taxes or insurance, the Tenant may at the Tenant's option pay such items in default, and all such payments shall be credited on the rental reserved- herein matured or next maturing. The covenants and conditions herein shall bind the heirs, representatives, successors and assigns of the Landlord and 1 the Tenant, Signed, Sealed and Delivered, this day of - - .19 WASHINGTON SQUARE PLAZA In the presence of: By: (LS.) 1. Butcher Alexander COUNTY OF OAKLAND, A (-S.) MICHMAN CONSTITUTIONAL CORPORATION (La) By: 0 tri r 5 L." t • The Landlord Covenants: I. Upon receipt of not-ice from the Tenant of a defective condition of the roof or exterior walls of the building-, with all convenient speed, to order competent mechanics to repair the same and to pay the charge therefor. That the Tenant, on payment of the rental at the time and in the manner aforesaid and performing of all of the fore- going- covenants, shall and may peacefully and quietly have, hold, and enjoy the demised premises for the term aforesaid.