HomeMy WebLinkAboutResolutions - 1973.10.09 - 15581Miscellaneous Resolution 6444 October 9, 1973
Bernard F. Lennon, Vice
Kt24.10:54 Chairman 44, 4,1 4114'; BY: BUILDINGS & GROUNDS COMMITTEE -
IN RE: RECpIVIST PROGRAM LEASE AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland desires to enter into a lease agreement with the
RBA Enterprises doing business as Washington Square Plaza, Suite 415, Washington Square
Plaza, Royal Oak, Michigan, 48067, for the Recidivist Program for Royal Oak; and
WHEREAS said lease agreement will be for a term beginning August 1, 1973 and
ending December 31, 1973, 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
agreement with the RBA Enterprises 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 August 1, 1973 and ending December 31,
1973 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 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 Richard R, Wilcox, Chairman, moves the
adoption of the foregoing resolution.
BUILDINGS AND GROUNDS COMMITTEE
4'1'44 *4010,4n1*311(..• ttk4ttOti
Bernard F. Lennon, Vice Chairman
, 1973
, 19 73
COMMERCTA 1, LEABg
Form 203-20548
DETROIT LEOAL NEW& as I wand st Congress, Detroit 36, Michigan- /
This Memorandum Witnesseth: That Alexander M. Butcher
d/b/a Washington Square Plaza, 415 Washington Square Plaza,
Royal Oak, Michigan
hereinafter designated as the "Landlord," hereby let and lease to County of Oakland, a Michigan
Constitutional Corporation, 1200 North Telegraph Road, Pontiac,
Michigan, 48053
hereinafter designated as the "Tenant," subject to the conditions and reservations hereinafter set forth, the following
premises in the City of Royal Oak, Oakland County, Michigan, viz.:
Suites 319, 320, 325 and 326, located at 306 South
Washington, Royal Oak, Michigan, which legal descrip-
tion 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 1st day of August
and ending the 31st day of December to be used and occupied only for
PROVIDED, In case any rent shall be due and unpaid 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, represent: tives, successors I assigns, to
re-enter into, re-possess the premises and the Tenant and each and every occupant to remove , d put out.
The Tenant hereby hires said premises for the term aforesaid, and covenants:
1. To pay the Landlord as rental for said premises for the term, the following SUMS U the following dates:
Thesumof Seven Hundred Twenty —Five ($725.00) Dollars
upo:. delivery hereof, and a lace 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 ki to the Tenant, and that the Tenant will not, unless hereinhefore 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 concerning the use and condition of the premises tending to reduce fire hazards and insurance rates, and to pay to the Landlord 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.
COMakTrIlMAT, TS,AriK
Form 203— 20in40 Dirl701T LEGAL NEwn. is ilew2,4.24 eG Cc21,4r0.220, Detroit VS, Malian.
2 , 2 22222', 2 2
['his' Memorandum Witnesseth: That RBA Enterprises
d/b/a Washington Square Plaza, Suite 415, Washington Square Plaza
Royal Oak, Michigan 48067
hereinafter designated as the "Landlord," hereby let and lease to County of Oakland, a Michigeu'
Constitutional Corporation, 1200 North Telegraph Road, Pontiac,
Michigan 48053
hereinafter desigtmted as the "Tenant," subject to the conditions and reservations hereinafter set forth, the fa"'
premises in the City of Royal Oak, Oakland CotintY, Michigan,
,Suites 319,320,325 and 3 ,26, located at 306 South Washington,
Royal Oak, Michigan, which legal description is: Block 17,
Assessors Plat #20, of Sherman Stevens Plat, known as the origina
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 1st day of August ,19 73
and ending the 31st day of nTblay litis„ , 19 74 I to be used and occupied only for December 73
PROVIDED, In case arty teut shall be due and unpaid or default be made in any of the covenants herein contained,
then it shall be lawful for the Land!ord and the Landlord's certain attorney, heirs, representatives, 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 hereb y hires said premises for the term aforesaid, and covenants:
1. To pay the Landlord as rental for said premises for the term, the following sums woo the following dates:
Thesmnof Seven Hundred Twenty —five ($725.00) — —Dollars
tqo:. delivery hereof, and a like sum in advance on the 1st day of each calendar month
thereafter during the term.
2. 2 To 11°2e and o;-r-upy the said premises only for the purposes for which they are let to the Tenant, and that the Tenant
will not ; 271tics22: hcreipefore specific-ally demised for that purpose, permit intoxi cating liquors to be stored„ sold, used
or manufactured up_m tile 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 aw'22:,krity.
4. To o' rye 22211 r2.2'.2.,222,22aat-pfe regulations and requirements of underwriters concerning the use and condition of the
premises te22.22,,: to •^. fire hazards and insurance rates, and to pay to the Landlord any increase in insurance premiums
over previon'6 rates 0. 122,1 by the nature of the Tenant's business or the manner of conducting the same, and not to permit
nor allow any citt-)t.n,: taatcrial or products to accumulate on the premises.
5. That ft; event the Tenant is declared a bankrupt, makes an assignment for the benefit of creditors, or the Tenant's
estate posses i. tho custody of a receiver appointed by a Court, or shall be sold on execution, this lease shall, at the option
of the Landlord, tcri22171.21te upon thirty days' notice.
ssi ""
Minutes Continued. October 9, 1973
6. The Teniana shall non assieni 1131 allsolutely nor as seeurity, nor sublet the premises nor any part thereof without
he consent of the Lain,ledd thereto endorsed hereon in writing, and the granting of such consent in one instance shall not
be a waiver by the Lats;bird :if the Landlord's right to enforce the above condition incident to a future assignment or
subletting.
7. To keep the inrennises, including. the equipment and fixtures of every kind and nature, during the term, in as good
repair and at the inspiration t j rcof yield and deliver up the same in like condition as when taken, reasonable wear thereof
and damage by the elements exeilded.
That in event he shall holdanver afterdhe expiration of the term demised for a sufficient period of time to create
a renewal oi the Inenee npn aeo n a law, that any renewal or fliture right of possession not evidenced by all instrument
in writing, ceeented and .lelt-n•rent he the Landlord, be a tenancy from calendar month to calendar month, and for no
longer term.
9. If the demised jnr ennees become 'wholly untenantahle through damage or destruction by fire not occasioned by the
negligence nit the Tenant, tIns ly:,e shall Ine cnid; if partially unienitnitalnle, the Landlord shall repair the same with all con- -
vennent speed, and the nnilintanion of the Tenant to pay the monthly rental shall continue in force, provided such repairs
shall Inc completed within !ortv days: provided also, if the estimated cost of restoring the premises exceeds forty per cent of
their pre lire value, the Landlord nnay, at the Landlord's option, terminate this lease forthwith.
- 10. To keep the plate glass in the building insured against damage by fire or other casualty in the name of, and deliver
the policies_ as issued to the Landlord, with tide premiums fully paid.
11. To make 110 alterations or additions to the demised premises without the Landlord'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 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 front 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 tine ce, 61 the p erniss and acknowledges that at the date hereof they are
in the condition represented by the -Landlord ;int -Innt Landlord's agents, and suitable for the purpose demised, and releases
the Landlord front all obligation to repair, asaf, irom•-all -claims that may arise Irwin any defecave or alleged' defective
conditions, and accepts the premises in the condiC-dn 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 obligatinn 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 reasonal-ne 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 haying a dominant easement whether in common or in severalty.
18. To keep tine premises free from all liens, forfeitures or penalties arising through neglect to pay for water, elec-
tricity, gas, heat or other commodities supplied by any service corporation, public or private.
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.
20. That the Landlord may, during the last ninety days of the demised term, or immediately after service of notice of
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 making repairs or improvements or holding over by any occu-pant in possession at the commencement o f the demised term, the rental reserved shall be rebated pro rata during the time
the Tenant is kept out of possessions, and the Landlord shall be subject to no other or further liability whatsoever.
22. That the Landlord shall not he liable for any damage or injury of the Tenant, the Tenant's agents or employees. on-to any person entering the premises, or to goods or chattels therein, resulting from any defect in the structure or its e quip-
ment, or inn the structure or equipment of the structure of which the demised premises are a part, or arising through the ails
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 t,
demised premises in the City or Village and State wherein the demised premises are situate shall be a sufficimit sa -Tice
thereof, personal service upon the Tenant being hereby expressly waived.
24. If the aggregate of City or Village and State- and County taxes assessed against the demised premises or the prem. li
ises of which_ the demised premises are a part, for any calendar year shall exceed the sum of $ the
Tenant shall pay isuch excess t7o of such excess to the Landlord on demand.
25, That in event the Landlord shall - advance any sum for the payment of any charge which the Tr
lease agrced to pay, the Tenant will pay the Landlord such sum, together with interest thereon at the ra" ' •
26, That in event the premises, or any part thereof, are taken through exercise of the power cti
en'ire award for darongcs to the premises, both leasehold and reversion, shall be the sole prenertY
assigns to the Landlord all the Tchant's right, title and interest in any join!
• 0-1 and zr.jhori7,,s and emnewers tne lanellorcl in the name of the Tenant to recri
aLe execalte MK) deliver in tine Tenant's n ;:tvtle an y release or other instrument that indY -• •
.;Inc junio:u
tine entire premises arc taken, rental shall he paid to the date the __Te 'Ll"t 7 nil the nil her covens, 01; and (Intl tnt cmiis of this lease ha eie ;
thr Landlord may at ti-o7
1,,',,rcdorcd by art amount eimal to interest at 6
d55 One e prIVnC incurred in restoring the ut any atoisrrietft for •
Commissioners Minutes Continued. October 9, 1973
In event the Landlord shall elect not to restore the building, this lease shall be void in the same mariner as is above provided, in event the entire premises are taken.
27. 115 volt electrical outlets for air conditioning will
be provided to each suite by Landlord at Landlord's expenseprior
August 8, 1973.
28. Tenant shall have the right to renew this lease for one
(1) additional year Upon giving notice of such desire to the
Landlord within 30 days of the expiration date of this lease;
provided, however, that the rental for said premises Shall be
the sum of Seven Hundred Fifty ($750.00) Dollars per month
during such renewal term. All other terms and conditions as
set. forth in this lease shall apply during said renewal term.
29. All water, electricity, and heat will be furnished by the
Landlord.
I
It Is Mutually Agreed:
I. That the Landlord reserves the exclusive use of the roof and exterior walls of the demised prerni ies, together with
the right of access thereto, with the right to make such beneficial use thereof as the Landlord may desire, the Tenant's
sign, as hereinbef ore 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 cond:
the Landlord may desire, and any mortgage so given shall he a first lien on the land, both leasehold and reversior, 5
the rights of the Tenant therein, and in event the premises are now or hereafter encumbered by mortgage and forec:—. commenced or threatened because of default by the Landlord in the payment of principal, interest, taxes or insurance,
Tenant may at the Tenant's option pay such items in default, and all such payments shall be credited on the rental rest::
herein matured or next maturing.
By:
County of Oakland, a Michigan (LS.)
Constitutional Corporation
By: (LS.)
Oakland County Board of Comm.
By:
totes Continued. October 9, 1 973
The Landlord Covenants:
I. 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 compeient mechanics to repair thc 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.
The covenants and conditions herein shall bind the heirs, representatives, succesors and assigns of the Landlord and
the Tenant.
Signed, Sealed and Delivered, this clay of , 19 73
RBA Enterprises, d/b/a Washington
Square Plaza
#6444
-
Moved by Lennon supported by Button the resolution be adopted.
AYES: Kasper, Lennon, Moffitt, Nowak, Olson, Patnales, Perinoff, Pernick,
Quinn, Richardson, Vogt, Walker, Berman, Brotherton, Burley, Button, Coy, Dearborn,
Dunleavy, Gabler, Hobart, Hoot, Houghten, (23)
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 #6444 adopted by the Oakland county Board of commissioners
...0000000•S O•8009770 .0 .O.0.•....0070•0.0000.0..0004.900.00 WOO 00 /000"14141041,.6E.V
at their meeting held on October 9, 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
. . . l9?..
Lynn D. Allen.. ....................Clerk
By . ....•••••••• oe•••...••••••• ID • 0 • Deputy Clerk