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HomeMy WebLinkAboutResolutions - 1974.12.05 - 14998Miscellaneous Resolution 6888 November 21, 1974 BY: BUILDINGS & GROUNDS COMMITTEE - Patrick M. Nowak, Chairman IN RE: APPROVAL OF LEASE OF CONGA BUILDING TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS pursuant to Miscellaneous Resolution #6807 this Board authorized that a lease be negotiated with Congo, Inc., to lease approxiMatety 14,000 square feet of the Conga Building at 401 W. Fourth Street, Royal Oak, Michigan, for use by the Department of Social Services; and WHEREAS a lease has now been negotiated; and WHEREAS your Committee has reviewed sold lease and recommends that it be executed; NOW THEREFORE BE IT RESOLVED that the lease between Conga Inc. and the County of Oakland, in the form hereto attached, be executed. 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 Buildings and Grounds Committee, by Patrick M. Nowak, Chairman, moves the adoption of the foregoing resolution. BUILDINGS ,"4”ROUNDS COMMITTEE Patrick—W,—Choirman LEASE THIS MEMORANDUM WITNESSETH That Conga Inc, hereinafter designated as the Lessor, do hereby let and lease to the (jolinty . of Oakland, a Michigan Constitutional Corporation, hereinafter designated as the Lessee, the following premises in the City of Royal Oak, Oakland County, Michigan, to-wit! The second floor of the Conga Building at 401 W, Fourth Street, Royal Oak, Michigan, consisting of approximately 14,000 square feet, for a term beginning at completion of renovation and ending 5 years from completi to be used and occupied for Social Services purposes, PROVIDED, In case any rent shall be unpaid or default he made i any of the covenants herein contained, then it shall be lawful for the Lessor, his certain attorney, heirs, representatives and assigns, to reenter into, repossess the said premises and the Lessee and each and every occupant to re- move and put out, The Lessee hereby leases said premises for the term aforesaid, and co ,.ses: 1. To pay the Lessor as rental the sum of Four Y,00) Dollars per square foot per year, one-twelftb (1/12) of which is payable on delivery of the premises in a condition acceptable to the Lessee and a like sum in advance on the day of each calendar month during the term of the lease, 2, To use and occupy the said premises only for the purposes for which they are let to him, and that he will not permit intoxicating liquors to be stored, sold, used, or manufactured upon the premises, 3, To observe all reasonable regulations and requirements of underwriters concerning the use and condition of the premises tending to re- dune fire hazards and insurance rates and not permit nor allow any rubbish, waste material or products to accumulate on the premises, 4, That he will not assign this Lease nor sublet the premises nor any part thereof without the consent of the Lessor thereto endorsed hereon in writing, 5, 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 evi- denced by an instrument in writing, executed and delivered by the Lessor, shall be a tenancy from calendar month to calendar month and for no longer term, 6, If the demised premises become wholly untenantable through damage or destrdction by fire not occasioned by the negligence of the Lessee, this Lease shall be void; it partially nntenantable the Lessor shall repair the same with all convenient speed, and the obligation of the Lessee to pay the monthly rental shall continue in full force provided such repairs shall be completed within thirty (30) days, 7, Lessee will be responsible for paying the metered electrical costs for the operation of the lighting and electrical outlets for the leased premises, 8, Lessee agrees to provide a security officer during business hours and during non-business hours security will be maintained by a central surveillance system, LESSOR COVENANTS: That the Lessee, 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, It is expressly agreed between the Lessor and the Lessee that if during the demised term, proceedings shall be instituted under the power of eminent domain which shall result in an eviction total or partial of the Lessee, that at the time the trial of such proceedings shall commence, this Lease shall be void and the term above demised shall cease and terminate, and if the Lessee continue in possession, he shall be a tenant from month to month, and for no longer term, anything in this instrument to the contrary notwithstanding. 1, Lessor agrees to provide heating, cooling and water, to pay real estate taxes when due, to pay all present and future assessments when due, to pay for in renovation costs, to pay for maintenance and repairs, to provide fire and public liability insurance for damage caused by its own negligence and to rebuild the premises in the event that the premises become damaged, Lessor agrees to provide custodial services which include, but are not limited to the following services: Daily: 1. Properly secure area, 2. Pick up all trash, 3. Clean floor, including vacuuming and dry or wet mopping as required, 4, Clean and stockall rest rooms, 5, Clean entrance mats, 6. Wash waste receptacles if needed.- 7, Empty and clean all ash trays. 8, Dust and/or wipe off conference room furniture, employee's lounge furniture, window ledges, pictures, counters, land- scape furnishings, telephones and miscellaneous filrnifure, 9. Clean coffee urn, 10. Clean interior windows as needed, Weekly: 1. Polish all chrome in toilet rooms. 2. Wash down and disinfect all toilet stalls. 3, Clean all door hardware, 4. Dust venetian blinds, 5. Spot clean all walls, baseboards, doors, etc. Annually: 1. Wash and/or paint walls and ceilings as required. 2. Clean carpeting at least once a year, more often if needed, 3. Clean lighting fixtures. 4. Wash venetian blinds, 5. Dry clean or wash drapes, 6. Wash down bathroom walls and floors with disinfectant cleaher . 7. Clean and inspect all fire extinguishers. 8. Wash exterior windows. ITT, Lessor is responsible for the maintenance and repair of the building which items include, but are not limited to the following; roofs, ceiling, walls, floors, foundations, heating and cooling systems, electrical systems, elevators, plumbing, glass, sidewalks, etc, IV, Lessor covenants that the premises, at the time of occu- pancy, will conform to all local and state building codes, state and local fire codes and the lease must be in conformance with Public Act 190 of 1974. amending Act 1 of the Public Acts of 1966 dealing with accommodations for the handicapped, V. Lessor covenants that Lessee may erect signs on exterior and interior walls to identify the premises and to direct clientele to the proper areas, "Lessor agrees to provide restrooms on the 2nd floor for employees with separate facilities for men and women, Such restrooms must be capable of providing service for at least 105 persons, Such accomodations will reflect that 75% of the employees are female and the remainder are male, Lessor further agrees to provide separate restrooms for approximately 50 clients, 75% of which are female, VII, Lessor agrees to provide and maintain drapery or venetian blinds for all exterior windows VIII, Lessor agrees, that prior to occupancy, to renovate the premises at his own cost so that as of the date of occupancy, the second floor will provide at least: 1 employee lounge of approximately . 1,000 sq. ft, 1 supervisor's office of approximately 200 sq. ft, 2 conference rooms of approximately 500 sq. ft, 1 waiting room of approximately 800 sq. ft, I secured food stamp enclosure of approximately 150 sq. ft, 1 room with hot and cold running water for Pharmacy of approximately 400 sq. ft, 1 storage room of approximately 400 sq. ft. The remainder of the second floor will be open space which will use the concept of landscape furniture, IX, The Lessor covenants that the beating system will provide a temperature of at least 75' F, in all areas, X. The Lessor covenants that the air conditioning system will o maintain uniform cooling in all areas of 75 0 F, to 80 XI, The Lessor covenants that all floors will be 100% carpeted, except for storage areas, restrooms and janitor closets, XII. Lessor covenants that the lighting level in all offices shall be maintained at 100 foot candles and that waiting and storage rooms will have. 50 foot candles, XTIT, Lessor covenants - that the noise level of all mechanical systems, electrical systems, plumbing and waiting room will be quiet so as not be cause annoyance to office employees, XIV, Lessor covenants that existing partitions which are not to be used, will be removed, IN THE PRESENCE OF 'man Commissioners I.aro it oci :11.1 Raiph W. c:..:l vd Herbert XV, Lessor agrees to provide adequate drinking fountains for both employees and clients. XVI, Lessor covenants that at time of oerupancy all ceilings and non-panelled walls will be clean and painted, interior walls panelled, and that all storage rooms and custodial closets will be painted, XVII, Lessor agrees to provide all entrance and exit doors with hardware so all areas can be secured. XVIII. Lessor agrees that all of its maintenance personnel will be bonded, XIX. Lessor shall provide one (1) junction terminal from which Lessee at his own cost, will install all necessary electrical and tele- phone conduit for the landscape furniture, XX. Lessor shall provide Lessee with a monthly invoice dicating which portion of rental is for custodial services, IT IS FURTHER AGREED by and between the Lessor and Lessee that if at the time of the expiration of the leasehold period that if the Lessee desires to further lease the premises, he shall give six (6) months written notice to the Lessor of his desires to do so. It the Lessee gives such notice as herein required, he shall be entitled to lease the aforemen- tioned premises for a further term of 5 years at a negotiated rate of pay and subject to the same conditions and limitations contained herein, The covenants and conditions herein shall hind the heirs, representatives and assigns of the Lessor and the Lessee and if more than one join in the execution hereof as Lessor or Lessee, or they or either of them be of the feminine sex, or a corporation, such words and the pronouns and other relative words shall be read as if written in the plural, feminine and neuter, respectively. Signed, sealed and delivered this 9th. day of December 1974. #6888 Moved by Gabler supported by Patnales that resolution #6888 be adopted. Discussion followed. AYES: Berman, Brotherton, Button, Coy, Dearborn, Ourlleavy, Gabler, Hobart, Hoot, Houghten, Kasper, Lennon, Moffitt, Montante, Nowak, Olson, Patnales, Perinoff, Pernick, Vogt, Walker, Wilcox. (22) 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 /16888 adopted by the Oakland County Board of Commissioners 666666666666 00.0 ••••• ••••• • IP ••••n• ************ e OOOOOOOOOOOOOOOOOO •• at their meeting held on December 5, 1974 00.•••••••••••••••••••••••-•••••••• es •aaaasobad.omaa.aea•a•auaoese•a OOOOO 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 6th December 0 74 thi s.. OOOOOOOO day ofo.avaaaaoa.o.o.a.,..,0aaa Lynn D. Allen Clerk By.......... ................... ....Deputy Clerk L E'A S E THIS MEMORANDUM WITNESSETH: That Conga Inc. hereinafter designated as the Lessor, do hereby let and lease to the County of Oakland, a Michigan Constitutional Corporation, hereinafter designated as the Lessee, the following premises in the City of Royal Oak, Oakland County, Michigan, to-wit; The second floor of the Conga Building at 401 W. Fourth Street, - Royal Oak, Michigan, consisting of approximately 14,000 square feet, for a term beginning at completion of renovation and endipg_5.vears from comnletilLILI to be used and occupied for Social Services purposes,' PROVIDED, In case any rent shall be unpaid or default be made in any of the covenants herein contained, then it shall be lawful for the Lessor, his certain attorney, heirs, representatives and assigns, to reenter into, repossess the said premises and the Lessee and each and every occupant to re- move and put out. _ The Lessee hereby leases said premises for the term aforesaid, and covenants:. 1. To pay the Lessor as rental the sum of Four ($4.00) Dollars per square foot per year, one-twelfth (1/12). of which is payable on delivery of the premises in a condition acceptable to the Lessee and a like sum in advance on the day of each calendar month during - the term of the lease. 2. To use and occupy the said premises only for the purposes for which they are let to him, and that he will not permit intoxicating liquors to be stored, sold, used, or manufactured upon the premises. 3. To observe all reasonable regulations and requirements of underwriters concerning the use and condition of the premises tending to re- duce fire hazards and insurance rates and not permit nor allow any rubbish, waste material or products to accumulate on the premises. 4, That he will not assign this Lease nor sublet the premises nor any part thereof without the consent of the Lessor thereto endorsed hereon in writing. 5. 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 evi- denced by an instrument in writing, executed and delivered by the Lessor, Shall be a tenancy from calendar month to calendar month and for no longer term, - 6, If the demised premises become wholly untenantable through damage or destruction by fire not occasioned by the negligence of the Lessee, this Lease shall be void; if partially untenantable the Lessor shall repair the same with all convenient speed, and the obligation of the Lessee to pay the monthly rental shall continue in full Three provided such-repairs shall be completed within thirty (30) days, 7. Lessee will be responsible for paying the metered electrical costs for the operation of the lighting and electrical outlets for the leased premises, 8, Lessee agrees to provide a security officer durinc , business hours and during non-business hours security will be maintained by a central surveillance system. LESSOR COVENANTS: That the Lessee, 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 terra aforesaid. It is expressly agreed between the Lessor and. the Lessee that if, during the _demised term, proceedings shall be instituted under - the power of eminent domain which shall result in an eviction total or partial of the Lessee, that at the time the trial of such proceedings shall commence, this Lease shall be void and the term above demised shall cease and terminate, and if the Lessee continue in possesSion,, he shall be a tenant from month to month, and for no longer term, anything in this instrument to the contrary notwithstanding. 1, Lessor agrees to provide heating, cooling and water, to pay real estate taxes when due, to pay all present and future assessments When due, to pay for, initial renovation costs, to pay for maintenance and repairs,:, to provide fire and public liability insurance for damage . caused by its own negligence and to rebuild the premises in the event that the premises become damaged. II. Lessor agrees to' providecustodial services which include, but are not limited to the following services: • 1. Properly secure area. 2, Pick up all trash. 3. Clean floor, including vacuuming and dry or,wet mopping . as required. - 4. Clean and stockall rest rooms. 5. Clean entrance mats. 6. Wash waSte receptacles if needed. 7. Empty and clean all ash trays, 8. Dust and/or wipe off conference room furniture, employee's lounge furniture -, window ledges, pictures, counters, land- scape furnishings, telephones and miscellaneous furniture, 9. Clean coffee urn. • 10. Clean interior windows as needed, Weekly: 1, Polish all chrome in toilet rooms, • 2. Wash down and disinfect all toilet stalls. 3, Clean all door hardware, 4. Dust venetian blinds.• 5. Spot clean all walls, baseboards, doors, etc. Annually: 1. Wash and/or paint walls and ceilings as required. 2. Clean carpeting at least once a year, more often if needed. " 3.- Clean lighting fixtures, 4. Wash venetian blinds. 5. Dry clean or wash drapes. 6, Wash down bathroom walls and floors with disinfectant cleaner. 7. Clean and inspect all fire extinguishers. 8. Wash exterior windows. -2- III. Lessor is responsible for the maintenance and repair of the building which items include, but are not limited to the following;- roofs, ceiling, walls, floors, foundations, heating and cooling systems, electrical systems, elevators, plumbing, glass, sidewalks, etc. IV. Lessor covenants that the premises, at the time of occu- pancy, will conform to all local and state building codes, state and local fire codes and the lease must be in conformance with Public Act 190 of1974 amending Act 1 of the Public Acts of 1966 dealing with accommodations for the handicapped. • V. Lessor covenants that Lessee may erect signs on exterior and interior walls to identify the premises and to direct clientele to the proper areas. VI. Lessor agrees to provide restrooms on the 2nd floor for employees with separate facilities for men and women. Such restrooms must be capable of providing service for at least 105 persons. Such accomodations: will reflect that 75% of the employees are female and the remainder are male. Lessor further agrees to-provide separate restrooms for approximately 50 clients, 75% of which are female. VII. Lessor agrees to-provide and maintain drapery or venetian blinds for all exterior windows. VIII. Lessor agrees, that prior to occupancy, to renovate the premises at his own cost so that as of the date of occupancy, the second floor will provident least: I employee lounge_of approximately 1,000 sq. ft. 1 supervisor's office of approximately 200 sq. ft. 2 conference rooms of approximately 500 sq. ft. 1 waiting room of approximately 800 sq. ft. I secured food stamp enclosure of approximately 150 sq. It. I room with hot and cold running water for Pharmacy of approximately 400 sq. ft. 1 storage room of approximately 400 sq. ft. The remainder of the second floor will be open space which will use the concept of landscape furniture, IX, The Lessor covenants that the heating system will provide a temperature of at least 75 o F. in all areas. X. The Lessor covenants that the air conditioning system will maintain uniform cooling in all areas of 75o F. to 80° F. XI, The Lessor covenants that all floors will be 100% carpeted, except for storage areas, restrooms and janitor closets. XII. Lessor covenants that the lighting level in all offices_ shall be maintained at 100 foot candles and that waiting and storage rooms will have 50 foot .candles. XIII. Lessor covenants that the noise level of all mechanical -- systems, electrical systems, plumbing and waiting room will be quiet so as not be Cause annoyance to office employees, XIV. Lessor covenants that existing partitions which are not - to be used, will be removed, XV. Lessor agrees to provide adequate drinking fountains for both employees and clients, XVI. Lessor covenants that at time of o•-xupancy all ceilings and non-panelled walls will be clean and painted, interior walls panelled,. and that all storage rooms and custodial closets will be painted. . XVII. Lessor agrees to provide all entrance and exit doors • with hardware so all areas can be secured. • XVIII, Lessor agiees that all of Its maintenance personnel will be bonded. XIX. Lessor shall provide one (l) junction terminal from Lessee at his own cost, will install all necessary electrical and tele- phone conduit for the landscape furniture. XX. Lessor shall provide Lessee with a monthly invoice in- dicating which portion of rental is for custodial services. - _ • IT IS FURTHER AGREED by and between the Lessor and Lessee that if at the time of the expiration of the leasehold period that if the Lessee desires to further lease the premises, be shall give=six (6) months - written notice to the Lessor of his desires to do so. If the Lessee gives such notice as herein required, he shall be entitled to lease the aforemen- tioned premises for a further term of years at a negotiated rate of pay and subject to the same conditions and limitations centained herein. The covenants and conditions herein shall bind the heirs, representatives and assigns of the Lessor and the Lessee and if more than one join in the execution hereof as Lessor or Lessee, or they or either of then be of the feminine sex, or a corporation, such words and the pronouns and - other relative words shall be read as if written in the plural, feminine and neuter, respectively. Signed, sealed and delivered this day of 1974. IN THE PRESENCE OF: 4 :41 f6888 November 21, 1974 Moved by Nowak supported by Button the resolution be referred to Finance Committee. There were no objections.