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HomeMy WebLinkAboutResolutions - 1974.12.19 - 150286922 MISCELLANEOUS RESOLUTION December 19, 1971.. , BY: BUILDINGS AND GROUNDS COMMITTEE, PATRICK M. NOWAK, CHAIRMAN IN RE: DISTRICT COURT LEASE AGREEMENT MODIFICATION, 52ND, 3RD DIVISION 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 approxi- mately 3.,000 sq. ft.; and WHEREAS this area is inadequate to house an additional Judge and it became necessary to obtain an additional 1,749 sq. ft. at an additional $595.35 per month or $7,144.20 annually; and WHEREAS it is necessary to execute 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 Commissioners 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 $1,945.35 per month for •an area of approxi- mately 4,749 sq. ft, for a period of five (5) years commencing January-1, 1975 and ending December 31, 1979 and 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. AGREEMENT TO EXTEND AND MODIFY EXISTING LEASE THIS AGREEMENT is made this day of 1974 by and between 134 W. University Company, hereinafter referred to as the "LANDLORD," Part 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, including the land and building known as 530 Pine St; Rochester, Michigan, WHEREAS ON 7/17/69 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 7/11/74 and which said renewal is still in full force and effect and will expire on 7116/79- WHEREAS the Landlord desires at this time to accomodate the Tenant and enter into anew agreement permitting the Tenant to lease approximately an ad - ditional 1749 square feet of area and extend the period of said lease for a period of 5 years to begin in January 1, 1975 and end on December 31, 1979, for an additional consideration from the Tenant and other new conditions as hereinafter provided, and WHEREAS the Tenant desires to continue to occupy Suites 7,8,9 covering ap- proximately 3000 square feet and furthermore to extend the lease to cover the additional Suites #12 and #5B covering approximately 1749 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 situated in the 530 Pine Building, Rochester, Michigan, to-wit Suites #7,8,9,12,5B for a period of 5 years beginning on January 1, 1975, and ending on the 31st day of December 1979.. 2. The Tenant agrees to occupy said premises for the aforesaid period and to pay the Landlord a guaranteed rental at the rate of 1345.35 Dollars per month, payable in advance on the first day of each month beginning January 1, 1975. The above rental rate is based on approximately 4749 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 building and property known as 530 Pine Building, and in- cluding adjacent parking property over 1973 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 coverage insurance over such premiums as were paid by Landlord on such premises in 1973. Such apportionment being deemed to be 35.04 per cent of such total increases in taxes and insurance. (1 ) , 3. The Tenant has deposited with the Landlord the sum of None as security for the full performance by the Tenant of the terms of this lease nevertheless SECURITY the Landlord shall have all right to pursue all legal remedies in the event. DEPOSIT of any default, the same as if no security had been deposited, and the Land- lord shall not be required to apply same to the satisfaction of any default. 4. Tenant shall be solely liable for the cost of installing any trade fixture TRADE or special equipment, including all extra plumbing and water tap-ins needed FIXTURES for the fixtures, and all electrical outlets other than the regular wall outlets. Tenant shall be solely liable at the termination of this lease for all necessary repairs to floors, walls, and ceiling occasioned by removal of trade fixtures. REPAIRS (A) All trade fixtures shall remain the sole 'property of the Tenant throughout this lease and at the termination of said lease. 5. it is expressly understood by both parties that the Landlord after receiving written notice from the Tenant and having reasonable opportunity thereafter to obtain the necessary workmen therefor agrees to keep in good order and repair the roof and the four outer walls of the premises but not the doors, door frames, the window glass, window casings, window frames and windows, or any attachment thereto or attachments to said premises. 6. The Tenant further covenants that if it continues to be the District Control Unit with reference to said 52nd District Court, Third Division, it will renew this lease at a rental rate to be agreed upon or determined on the basis of then current rates, first for a renewal term of five (5) years and, secondly, if still the District Control Unit, for a second renewal term of five (5) years. 7. Both Parties agree that the lease as entered into on July 17, 1969, except insofar as it is altered by the provisions of this Agreement, or attached addendum, shall remain in full force and effect for the extended period hereunder, and a true copy of said original lease is attached hereto and all of its terms and conditions are hereby incorporated by reference, IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals the day and year first above written. 134 W. UNIVERSITY COMPANY WITNESS: by TENANT County of Oakland (2 ) 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 Buildings and Grounds Committee, by Patrick M. Nowak, Chairman, moves the adoption of the foregoing resolution, BUILD-41GS,14D GROUNDS COMMITTEE ) —/ PATRICK M, N6WAK, CHAIRMAN December 19, 1974 FISCAL NOTE BY: FINANCE COMMITTEE, FRED D. HOUGHTEN, CHAIRMAN .1N RE: MISCELLANEOUS RESOLUTION - District Court Lease Agreement Modification, 52nd, 3rd Division TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: Pursuant to rule X1-C of this Board, the Finance Caun.ittee finds the additional sum of $7,144.20 available in the 1975 Oakland County District Court Budget. FINANCE COMMITTEE Fred D. Houghten, Chairman #6922 The Chairman referred the resolution back to the Buildings and Grounds Committee. There were no objections.