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HomeMy WebLinkAboutResolutions - 1984.04.12 - 15667April 12th, 19a4 Miscellaneous Resolution 8b.102 BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: SUPPLEMENTAL LEASE AGREEMENT NO. 3 - UNITED STATES OF AMERICA SECTION 24, TOWN 3 NORTH, RANGE 9 EAST, WATERFORD TOWNSHIP, 3.8 ACRES (PROPERTY MANAGEMENT DIVISION) TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the County of Oakland by Miscellaneous Resolution 4901, dated July 18, 1968, entered into a lease with the United States of America leasing a certain portion of the County Service Center for an Army Facility; and WHEREAS the lease term was not to be extended beyond June 30, 1993; and WHEREAS any alterations or additions to any facility to be constructed on said premises shall be subject to approval of the County of Oakland and shall conform with existing County facilities in the area, such approval not to be withheld unreasonably or arbitrarily; and WHEREAS the United States of America (Department of the Army) plans an expansion of the existing reserve facility in fiscal year 1989 at an expenditure of approximately 665,000; and WHEREAS the United States of America (Department of the Army) regulations require that the lease term must not he less than 50 years; and WHEREAS the United States of America (Department of the Army) has requested that paragraphs 3 and 19 of the lease dated July.. 1, 1968 be deleted in their entirety and the following substituted therefore; 3. TO HAVE AND TO HOLD the said premises for the term beginning 1 July 1968, through June 30, 1969, provided that unless and until the Government shall give notice of termination in accordance with provision 6 hereof, thia, lease shall remain in force thereafter from year to year without further notice; provided further that adequate appropriations are available from year to year for the payment of rentals; and provided further that this lease shall in no event extend beyond 30 June 2039. 19. Any additional structures erected by the Government upon the herein demised premises shall be designed by an Architect/ Engineering firm licensed to practice in the State of Michigan. Any such structures shall he designed to. meet all local building codes and shall be compatible in design to existing County facilities in the area and conform aesthetically to those facilities in terms of color and facade; and WHEREAS paragraph 20 is hereby added to the lease as follows: 20. The Lessor reserves the right to approve any proposed construc- tion, said approval to be limited to the particulars outlined in paragraph 19 above. Lessor agrees that such approval shall not be withheld unreasonably or arbitrazaly. WHEREAS the Planning and Building Committee has reviewed and recommends that the lease be amended as requested. NOW THEREFORE BE IT RESOLVED that the Chairperson of the Oakland County Board of Commissioners be and is hereby authorized to execute Supplemental Agreement No. 3 Miscellaneous Resolution Supplemental Lease Agreement No. 3 - United States of America Section 24, T3N, R9E, Waterford Township, 3.8 Acres (Property Management Division) Page 2 between the United States of America (Department of the Army) and the County of Oakland, said Supplemental Agreement No. 3 being an amendment to the Lease hereto- fore entered into between the United States of America (Department of the Army) and the County of Oakland, on the 1st day of July 1968. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. • PLANNING AND BUILDING COMMITTEE ATROVE THE FOREGOING RESOLUTION !/q/A4 WP Supplemental Date Agreement No. 3 1 March 1984 SUPPLEMENTAL LEASE AGREEMENT (ARMY RESERVE) To Lease No. Address of Premises SECTION 24, TOWNSHIP 3 NORTH DACA-23-5-68-624 RANGE 9 EAST, MICHIGAN MMUDZAR, WATERFORD TOWNSHIP, OAKLAND COUNTY, MICHIGAN THIS AGREEMENT, made and entered into this date by and between whose address is 0 COUNTY OF OAKLAND, A Michigan Constitutional Corporation 1200 NORTH TELEGRAPH ROAD PONTIAC, MICHIGAN 48053 hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: • WHEREAS, the parties hereto desire to amend the above Lease. NOW TREREFORE, these parties for the considerations hereinafter mentioned covenant and agree that the said Lease is amended, effective 1 March 1984 as follows: 1. Paragraph 3 is deleted in its entirety and the following substituted therefore: 3. TO HAVE AND TO HOLD the said premises for the term beginning 1 July 1968, through June 30, 1969, provided that, unless and until the Government shall give notice of termination in accordance with provision 6 hereof, this lease shall remain in force thereafter from year to year without further notice; provided further that adequate appropriations are available from year to year for the payment of rentals; and provided further that this lease shall in no event extend beyond 30 June 2039. 2. Paragraph 19 of the lease is deleted in its entirety and the following substituted therefore: 19. Any additional structures erected by the Government upon the herein demised premises shall be designed by an Architect/Engineering firm licensed to practice in the State of Michigan. Any such structures shall be designed to meet all local building codes and shall be compatible in design to existing county facilities in the area and conform aesthetically to those facilities in terms of color and facade. 3. Paragraph 20 is hereby added to the lease as follows: 20. The Lessor reserves the right to approve any proposed construction, said approval to beslimited to the particulars outlined in paragraph 19 above. Lessor agrees that such approval shall not be withheld unreason- ably or arbitrarily. All other terms and conditions of the Lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the above date. LESSOR COUNTY OF OAKLAND A Michigan Constitutional Corporation BY (Signature) WITNESS: UNITED STATES OF AMERICA TAX REPORTING NUMBER: (Title) U.S. ARMY LEASE RE-TYPED 4/4/84 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS Lease No. DACA23-5-68-624 North Central Division Chicago District LAND LEASE Between COUNTY OF OAKLAND, A Michigan Constitutional Corporation AND THE UNITED STATES OF AMERICA 1. THIS LEASE, made and entered into this 1st day of July in the year one thousand nine hundred and sixty-eight, by and between the COUNTY OF OAKLAND, A Michigan Constitutional Corporation, (Telephone Area Code 313 Number 335-2831) whose address is 1200 North Telegraph Road, Pontiac, Michigan 48053, and whose interest in the property hereinafter described is that of Owner, for itself and its successors, and assigns, hereinafter called Lessor, and THE UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 2. The Lessor hereby leases to the Government the following described premises, viz: All that parcel of land situated in Section 24, Township 3 North, Range 9 East, Michigan Meridian, Waterford Township, Oakland County, Michigan, more particularly described as follows: Commencing at the Southeast corer of the Northwest quarter of said Section 24 (Center Post); thence North 89 50' 30" West, a distance of 163.35 feet to a point at the junction of the centerline of Watkins Lake Road with the centerline of Pontiac Lake Road; thence North 44 57' 36" West d along the centerline of Watkins Lake Road a distance of 962.74 feet; thence North il 45 02' 24" East, a distance of 60 feet to the point of beginning: Thence North 44 57' 36" West, a distance of 300 feet; thence North 45 0 02' 24" East, a distance of 0550.feet; thence South 44 57' 36" East, a distance of 300 feet; thence South 45 02' 24" West, a distance of 550 feet to the point of beginning; said parcel of land containing in all 3.80 acres, more or less, and shown on Exhibit "A" attached hereto and incorporated by reference. to be used for the following purpose: construction and use of a U.S. Army Reserve Center. 3. TO HAVE AND TO HOLD the said premises for the term beginning 1 July 1968, through June 30, 1969, provided that unless and until the Government shall give notice of termination in accordance with provision 6 hereof, this lease shall remain in force thereafter from year to year without further notice; provided further that adequate appropriations are available from year to year for the payment of rentals; and provided .further that this lease shall in no event extend beyond 30 June 1993. 4. The Government shall pay the Lessor rent at the following rate: ONE ($1.00) DOLLAR per YEAR RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED 5. The Government shall have the right during the existence of this lease to attach fixtures, and erect structures or signs, in or upon the premises hereby leased, which fixtures and structures, or signs, so placed in, upon or attached to the said premises shall be and remain the property of the Government and may be removed or other- wise disposed of by the Government. 6. The Government may terminate this lease at any time by giving ninety (90) days notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. 7. Any notice under the terms of this lease shall be in writing signed by a duly authorized representative of the party giving such notice, and if given by the Government shall be addressed to the Lessor at 1200 North Telegraph Road, Pontiac, Michigan 48053; and if given by the Lessor shall be addressed to the District Engineer, Chicago District Corps of Engineers, 219 South Dearborn Street, Chicago, Illinois 60604. 8. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a com- mission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this lease without liability or in its discretion to deduct from the lease price or consideration the full amount of such commission, per- centage, brokerage, or contingent fee. 9. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this lease if made with a corporation for its general benefit. 10. (a) The Government may, by written notice to the Lessor, terminate the right of the Lessor to proceed under this lease if it is found, after notice and hearing, by the Secretary of the Army or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Lessor, or any agent or representative of the Lessor, to any officer or employee of the Government with a view toward securing a lease or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such lease; provided that the existence of facts upon which the 2 Secretary of the Army or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court. (b) In the event this lease is terminated as provided in paragraph (a) hereof, the Government shall be entitled (i) to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease by the Lessor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary of the Army or his duly authorized representative) which shall be not less than three nor more than ten times the costs incurred by the Lessor in providing any such gratuities to any such officer or employee. (c) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this lease. 11. Unless construction by the Government has commenced by 31 August 1969, this lease shall automatically terminate without further notice. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. In presence of: COUNTY OF OAKLAND, a Michigan . Constitutional Corporation BY: /s/ Delos Hamlin (SEAL) Delos Hamlin TITLE: Chairman of its Bd. of Supervisors and: /s/ Julia Maddock, Deputy County Clerk THE UNITED STATES OF AMERICA BY: /s/ B. A. Fisher (If Lessor is a corporation, the following certificate shall be executed by the secre- tary or assistance secretary.) I, Delos Hamlin and Julia Maddock, certify that we are the Chairman of the Board of Supervisors and Deputy County Clerk of the corporation named as Lessor in the attached lease; that we, who signed said lease on behalf of the Lessor by Resol. #4901 dated 7/18/68 of said corporation; that said lease was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. /s/ Delos Hamlin (SEAL) Delos Hamlin, and /s/ Julia Maddock Julia Maddock /s/ Robert P. Allen Name Robert P. Allen Oakland County Courthouse Pontiac, Michigan 48053 /s/ Alice Treadwell Name Alice Treadwell Oakland County Courthouse Pontiac, Michigan 48053 3 12. The Government shall have the right, during the existence of this /ease, to make alterations, attach fixtures and erect structures, in or upon the premises hereby leased, which structures shall be and remain the property of the Government, and may be removed prior to the expiration of this lease. The Lessor may, upon not less than thirty (30) days' written notice to the Government, before termination of the lease, require restoration of the leased premises. In this event, prior to the expiration or termination of this lease, or prior to relinquishment of possession, whichever first occurs, the Government shall restore the premises to the same condition as that existing at the time of entering upon the same under this lease, reasonable and ordinary wear and tear and damage by the elements or by circumstances over which the Government has no control excepted. 13. A joint physical survey and inspection report of the leased premises shall be made as of the effective date of this lease, reflecting the then present condition, and will be signed by the parties hereto. 14. The Government shall have the right to connect to existing or contemplated water and/or sewer lines owned by the Lessor at the Government's expense. 15. Joint physical survey and inspection report of the leased premises: An unimproved piece of land, covered by native grases and sparse second- growth timber. 16. The Lessee shall not lease the above described premises to any organiza- tion which is organized for profit without the consent of the Lessor. 17. The Lessor reserves the right to approve the color of the brick to be used on the structure to conform in color with the existing county facilities in the area, such approval not to be withheld unreasonably or arbitrarily. 18. The Lessee agrees with the Lessor that the grounds are to be maintained in the same manner as the Lessor maintains its surrounding grounds and that in the event the Lessee fails to maintain such grounds to correspond with those of Lessor, the Lessor shall maintain said grounds and charge the actual expense to the Lessee. 19. Any alterations or additions to any facility to be constructed on said premises shall be subject to approval of the Lessor and shall conform with the existing county facilities in the area, such approval not to be withheld unreasonably or arbitrarily. 4 SUPPLEMENTAL AGREEMENT NO. 2 TO LEASE NO. DACA23-5-68-624 THIS SUPPLEMENTAL AGREEMENT made and entered into this 16th day of December 1969 by and between County of Oakland, A Michigan Constitutional Corporation whose address is 1200 North Telegraph Road, Pontiac, Michigan for itself, its successors and assigns, hereinafter called the Lessor and the United States of America, hereinafter called the Government, WiTNESSETH: WHEREAS, on the 1st day of July 1968, the Lessor and the Government entered into Lease No. DACA23-5-68-624, amended by Supplemental Agreement No. 1 thereto dated 15 June 1969, providing for the leasing of 3.80 acres of land, more or less located in Waterford Township, Oakland County, State of Michigan and WHEREAS, paragraph 11 of the lease provides that unless construction by the Government has commenced by 31 August 1970, the lease shall automatically terminate without further notice, and WHEREAS, it is in the best interest of the Government and agreeable to the Lessor to extend the date now cited in paragraph 11. NOW, THEREFORE, in consideration of the premises herein the said lease is amended in the following respects and these only, effective 1 January 1970: 1. Paragraph 11 is amended by deleting therefrom "31 August 1970" and sub- stituting "31 August 1971" in lieu thereof. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. COUNTY OF OAKLAND In presence of: 2p1 Charles B. Edwards Jr. Oakland County Board of Supervisors /s/ Theodore D. Dzuirman Chairman of the Board (Witness) 1200 N. Telegraph, Pontiac /s/ Lygn.D. Alien (Address of Witness) Lynn D. Allen County Clerk THE UNITED STATES OF AMERICA BY /s/ John C. Vogel John C. Vogel Assistant, Real Estate Division In presence of: By: /s/ Charles B. Edwards, Jr. Oakland County Board of Supervisors Chairman of the Board /s/ Joseph J. Joachim (Witness) 763 Cobblestone Dr. Rochester, Michigan 48063 (Address of Witness) /s/ Lynn D. Allen Oakland County Clerk-Register of Deeds THE UNITED STATES OF AMERICA by: DEPARTMENT OF THE ARMY CORPS OF ENGINEERS NORTH CENTRAL DIVISION Lease No, DACA23-5-68-624 Using Serv: Army Res. SUPPLEMENTAL AGREEMENT NO. 1 THIS SUPPLEMENTAL AGREEMENT, made and entered into this 15th day of June 1969 by and between COUNTY OF OAKLAND, A MICHIGAN CONSTITUTIONAL CORPORATION whose address is 1200 North Telegraph Road, Pontiac, Michigan for itself, its successors and assigns, hereinafter called the Lessor, and THE UNITED STATES OF AMERICA, hereinafter called the Government, WITNESSETH: WHEREAS, on the 1st day of July 1968, the Lessor and the Government entered into • Lease Nu. DACA23-5-68-624 providing for the leasing of 3.80 acres of land more or less located in Waterford Township, Oakland County, State of Michigan, and WHEREAS, paragraph 11 of the lease provides that unless construction by the Govern- ment has commenced by 31 August 1969, the lease shall automatically terminate without further notice, and WHEREAS, it is in the best interest of the Government and agreeable to the Lessor to extend the date now cited in said paragraph 11 NOW THEREFORE in consideration of the premises herein the said lease is amended in the following respects and these only effective 1 July 1969. 1. Paragraph 11 is amended by deleting therefrom "31 August 1969" and substituting "31 August 1970" in lieu thereof. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. COUNTY OF OAKLAND OAKLAND COUNTY CORPORATION COUNSEL OAKLAND COUNTY COURT HOUSE 1200 NORTH TELEGRAPH ROAO PONTIAC, MICHIGAN 4aos3 335-47S1 ROREFIT P. ALLEN corm:m..11cm COUNSEL HAYWARD WWITLOCK ASSISTANT ARMAND P. DEATRICK ASIIISTANT JOHN L. GRUSSA ASSISTANT ALICE TREACIWELL $1.C14 VARY October, 1968 Julia Maddock, Chief Deputy County Clerk Court House Tower Pontiac, Michigan Dear Mrs. Maddock: In re: Land Lease to Army for Armory, 7-1-68 to 6-30-69 Enclosed for filing in your office is the original Lease between the United States of America and the County of Oakland of certain land area in the County. Service Center to be used as a site for an Armory. A copy of this lease is filed with the Board of Auditors and one copy in the Land files in this office. RPA:AT. Enc. C.C. Daniel T.Murphy, Chairman Bd. of Auditors. Enc. Jos. Joachim, Engineering nif #84102 April 12, 1984 12th day of Anril 1984 ALLEN Moved by Hobart supported by Foley the resolution be adopted. AYES: Foley, Fortino, Gosling, Hobart, Jackson, R. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Moore, Nelson, Page, Perinoff, Pernick, Price, Rewold, Wilcox, Caddell, Calandro, Doyon. (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 Miscellaneous Resolution adopted by the Oakland County Board of CoMmissioherS at their meeting held on April 12, 1984 with the orginial 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 County Clerk/Register of Deeds this