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HomeMy WebLinkAboutResolutions - 1973.05.03 - 15520Miscellaneous Resolution 6304 May 3, 1973 BY: BUILDINGS & GROUNDS COMMITTEE - Richard R. Wilcox, Chairman IN RE: LEASE RENEWAL - COUNTY OF OAKLAND AND SOUTHFIELD LITTLE LEAGUE BASEBALL CORPORATION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairman, Ladies and Gentlemen: WHEREAS your Committee recommends that the lease be renewed between the County of Oakland and the Southfield Little League Baseball Corporation for the use of certain County property as described in said lease; and WHEREAS the lease has been reviewed by Civil Counsel and approved as to form and legal sufficiency, copy of which is attached hereto; NOW THEREFORE BE IT RESOLVED that the lease be renewed between the County of Oakland and the Southfield Little League Corporation and that the Chairman of the Board and County Clerk be and they are hereby authorized to execute the renewal lease on behalf of the County of Oakland. The Buildings & Grounds Committee, by Richard R. Wilcox, Chairman, moves the adoption of the foregoing resolution. BUILDINGS AND GROUNDS COMMITTEE .441,celL-11•4 /R. ( AlLJ74 Richard R. Wilcox, Chairman LEASE THIS LEASE, made and entered into this day of A.D., 1973, by and between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter referred to as the Lessor, and SOUTHFIELD LITTLE LEAGUE BASEBALL, INC., a non-profit Charitable Corporation, hereinafter referred to as the Lessee: WITNESSETH: That for and in consideration of the sum of One ($1.00) Dollar, to it in hand paid, the Lessor hereby leases to the Lessee, for a period of Five (5) years, commencing the following described lands, to-wit: Lots 1 thru 5, both inclusive, Lots 507 thru 519, both inclusive, Oakland Gardens Subdivision of the East 1/2 of the Southeast 1/4 of Section 13, Town 1 North, Range 10 East, Southfield Township, Oakland County, Michigan, as recorded in Liber 34, Page 8 of Plats, Oakland County Records; and Lots 133 thru 158, both inclusive, 219 thru 231, both inclusive, of Woodlands Park Subdivision of the West 1/2 of the Southeast 1/4 of Section 13, Town 1 North, Range 10 East, Southfield Township, Oakland County, Michigan; and also That part of vacated alleys adjacent to said lots and also any interest the County may have in Selkirk and Everett Avenues adjacent to said lots. Subject to the following conditions: 1. Such lands and any and all improvements thereon shall be used by the Lessee, as a little league baseball park for the playing of little •league baseball by LITTLE LEAGUE BASEBALL, DISTRICT NO. 4, State of Michigan. • 2. Lessee shall have the right to prepare on such land, such diamonds and facilities necessary for the playing of little league baseball, and to construct on said land- such bleachers, stands for refreshments, sanitary facilities, parking areas, and any other necessary facilities to make the land presentable for playing base- ball, said structures and improvements to be not of a permanent - nature and the plans for which have first been approved by the Oakland County Buildings and Grounds Committee of the Oakland County Board of Commissioners and the Oakland County Board of Auditors. 3. The Lessee agrees to pay to the Lessor as rental under this lease, the sum of One ($1.00) Dollar per year for each year this Lease is in effect, payable when this lease is executed and a like amount each year thereafter. 4. Lessee agrees that the erection, maintenance and operation of any and all buildings on the premises herein described shall be the sole responsibility of the Lessee and that said buildings and structures shall all be removed by the Lessee upon the termination of this Lease. All buildings and structures which have not been removed upon the termination of this Lease shall become the sole property of the Lessor. 5. Lessee agrees to comply with all applicable city ordinances covering the described premises. 6. Lessee shall at all times carry such insurance and in such amounts as will, in the opinion of the Board of Auditors of Oakland County, Michigan, be adequate to indemnify the County of Oakland, its departments, officers and employees against liability of every name or nature arising by or through the acts or omissions of Lessee, its officers, agents or employees, copies of said policies of insurance to be filed with the Board of Auditors of the County of Oakland. 7. This Lease shall not be transferable or assignable to any Individual, group of individuals, association, corporation, partner- ship or entity of any kind whatsoever, but shall always be enjoyed by the original Lessee or forfeited by the original Lessee. 2 • • B. If Lessee desires to extend this Lease for any period of time after the first five (5) years, then he shall give written notice of such desire to Lessor at least 30 days before the expir- ation of this Lease. 9. This Lease may be cancelled or terminated by either party by giving a six month written notice to the other party. In no event shall the cancellation be effective before of any year. IN WITNESS WHEREOF, the Chairman and Clerk of the Board of Commissioners of the County of Oakland in the State of Michigan, on behalf of said County have executed this Lease in pursuance of Miscellaneous Resolution No. , passed by the Board of Commis- sioners on the day of , A.D., 1973, said resolution • being on record in the Journal of the Board of Commissioners in the Office of the County Clerk thereof in the Courthouse in the City of Pontiac, Michigan, and Bernie Iversen, Chairman of the Southfield Little League Baseball, Inc., has executed this Lease for said Corporation. WITNESSES: COUNTY OF OAKLAND, a Michigan Constitutional Corporation, By: Paul E. Kasper, Chairman of its Board of Commissioners AND By: Lynn D. Allen, Clerk of its Board of Commissioners SOUTHFIELD LITTLE LEAGUE BASEBALL, INC. A non-profit Charitable Corporation, By: Bernie Iversen, Chairman 3 "1r STATE OF MICHIGAN) ) ss. COUNTY OF OAKLAND) On this day of , A.D., 1973, before me personally appeared Paul E. Kasper and Lynn D. Allen, to me per- sonally known, who being by me sworn did each for himself say that they are respectively the Chairman and Clerk of the Oakland County Board of Commissioners of the County of Oakland, the Corporation named in and which executed the within instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Commis- sioners by Miscellaneous Resoltuion No. ,.dated the day of , A.D., 1973, and the said Paul E. Kasper and Lynn,D. Allen, Chairman and Clerk respectively, acknowledged said instrument to be the free act and deed of said corporation. Notary Public, Oakland County, Michigan. My Commissinn Expires: STATE OF MICHIGAN) ) ss. COUNTY OF OAKLAND) On this day of 1973, before me personally appeared Bernie Iversen, to me personally known, who being by me sworn did say that he is the Chairman of the Southfield Little , League Baseball, Inc., the Corporation named in and which executed the within instrument, and that the seal affixed to said instrument was signed on behalf of said Corporatior. Notary Public, Oakland County, Michigan My Commission Expires: #6304 Moved by Wilcox supported by Richardson the resolution be adopted. ' 'AYES: Wilcox, Berman, Brotherton, Button, Coy, Dearborn, Douglas, Dunleavy, Gabler; Hobart, Hoot, Kasper, Lennon, Mathews, Montante, Nowak, Olson, Pernick, Richardson, Vogt,.Walker. (21) , NAYS: None. (0) A sufficient majority having Voted therefor, the regolution 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 # 6304 adopted by the Oakland County Board of Commissioners at their meeting held May 3, 1973 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 4th day of MaY 19. l 91... Lynn D. Allen Clerk By Deputy Clerk