HomeMy WebLinkAboutResolutions - 1971.04.27 - 15978568 ! RESOLUTION NO
April 13, 1971
RE: AMENDMENT TO DISTRICT COURT LEASE:
District Court for 52nd District, First Division
BY: PLANNING AND BUILDING COMMITTEE - Mr. Edwards
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTLEMEN:
WHEREAS, the County of Oakland executed a Lease to the
City of Walled Lake dated July 17, 1969 to provide facilities for
the District Court for the 52nd District, First Division, Oakland
County, Michigan; and
WHEREAS, it has become necessary to amend said Lease; and
WHEREAS, your Committee has reviewed the proposed amend-
ments as set forth in the amended Lease, a copy of which is attached
hereto and made a part hereof and recommends that the County of
Oakland execute the amended Lease.
NOW THEREFORE BE IT RESOLVED that the County of Oakland
agrees to the terms amending the original Lease dated July 17, 1969
with the City of Walled Lake in accordance with the terms of the
Amended Lease, a copy of which is attached hereto and made a part
hereof, for certain facilities to be used for the District Court for
the 52nd District, First Division, Oakland County, Michigan, and that
the Chairman and Clerk of this Board be and they are hereby authorized
to execute such Amended Lease on behalf of the County of Oakland.
The Planning and Building Committee, by Charles B. Edwards,
Jr., Chairman, moves the adoption of the foregoing resolution.
PLANNING 84 BUILDING COMMITTEE;
Charles B. dwards, Jr ,
LEASE
THIS LEASE made and executed this 17th day of July,. A..1)„, 1969,
between the CITY OF WALLED a Michigan :n.71.C -ps!1
hereinafter referred to as the "CITY", and the COT=. OF 0:'77.), a
Michigan Constitutional Corporation, hereinafter referred to as the
COUNT.
WITNE5SETH
V':T:53, the COU=Y desires to acquire the use of a Kunicipal
Building to house the District Court for the 52nd District, First
Division, Oakland County, Michigan, including court room, offices and
the incident Court facilities, and the CITY is willing to acquire and
. construct said building through proper arrangement with the Walled Lake
Building Authority, a public corporation Organized under the autority
of Act 31 of the Public Acts of Michigan for 1948, First Extra Session,
as amendedy and
WHdTUlTrS, the site for said building is upon the western portion
of land now known as the City Hall premises of the CITY, and upon
which site the said building will be constructed in accordancewith
schematic drawings prepared by Patrick H. :Corcoran, Architect, of
Franhlin Village, Michigan y and
WFSER73, as a prerequisite to the issuance of Revenue Pon(as by
the said Walled Lake Building Authority, it is advisable for the partie s
to enter into a firm Lease whereby the CITY will lease from the 1-111,g
Authority the said building, and lease the same to the County;
NOW TOORE IT IS :TIM ::7D BY AND B-ETTM7N THE PAP= •:X,TC) for
and in consideration of the agreements and covenants of each party
and moneys to be paid as rental, as follows:
1. The CITY will, on or before hugust 19, 1969, enter into
arrangement with the Walled Lake Buildingiuthority to provide for the
construction of the building on the site described in the preamble
hereto, to be constructed and completed for use on or about Ann. .1 30, 1971,
in accordance with the plans and specifications prepared by the afonaid
Architect. COUNTY to approve plans and sPecifications. 2_, In consideration of the rentals and other terms and cordlticr
herein specified, the CITY does hereby let and lease to the COTT::.TY the
building to be constructed and the site upon which it is located,
TO H.79) t YAW-0 TO HOLD for a term commencing on the ist day of May, 1971,
and ending on a day five (5) years from the date of commcnc=ent
3. The annual rental to be paid by the County Shall be $5.50 per
square foot, payable on the 1st day of may, 1971, and quarterly each
quarter thereafter or on a pro-rated basis agreeable to both. parties.
4. The City, at its own expense during the term of the within Lease, shall
maintain and keep in repair the building and site, which shall be deemed to include light,
water, heat and other utility services, cleaning, janitorial and caretaker services, in-
surance premiums for fire and extended coverage except telephones.
5. The COUNTY, at is own expense, shall furnish such furniture and incident
furnishings and equipment as it deems advisable, and which shall be maintained and repaired
by the COUNTY and remain in its ownership and possession.. The COUNTY will also
provide carpeting, drapes, and other built-in items as shown in Exhibit B; and these shall
remain in the COUNTY's ownership and possession. The CITY at the end of this lease
shall have the right to purchase these items shown on the attached list at their value at
that time or at a price as mutually agreed between the COUNTY and the CITY.
6. The COUNTY covenants and agrees that it will not permit the use of the
leased premises in any manner that will substantially increase the rate of insurance thereon,
or for any purpose that will result in a violation of local, state, or federal laws, rules or
regulations now or hereafter in force and applicable thereto, and shall keep the CITY
harmless and indemnified at all times against loss, cost, damage or expense by reason of
any accident, loss, casualty or damage resulting to any person or property through any use,
misuse, or non-use of said premises, or by reason of any act or thing done or not done on,
in or about said leased premises or in relation thereto.
7. The COUNTY further covenants that if it continues to be the District Control
Unit with reference to said 52nd District Court, First Divisicn, it will re-new this lease
upon the same terms and conditions, 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.
8. The leasehold rights, duties and obligations of the COUNTY as specified in
this Lease, shall not be assigned nor sub-let in whole or in part without the written assent
of the CITY, such assent shall not be withheld if the COUNTY is required to remove the
1st Division of the 52nd District Court to another municipality in said District.
9. The CITY, its agents or employees, shall have the right at all times of
entering upon the leased premises for the purpose of inspecting said property and determining
whether all fo the terms, agreements, covenants and conditions herein contained are being
complied with.
10. Should the Walled Lake Building Authority be unable to construct the pro-
posed building to be leased hereby, this Lease shall be terminated and of no further effect;
otherwise the CITY covenants that the COUNTY, upon compliance with the terms of this
Lease, shall and may peacefully and quietly have and hold and enjoy the leased premises for
the terms herein provided.
WITNESS: Its s H,Ayol, and
)
City Clerk
IN wa'is WVLTI-:=e the said City of Walled Lake, Michigan,
by authority of it's City Council dated 1J.:Fat 5, 1969 executes the
foregoing instrut.
CITY OF WALLED 17±;„ a Michigan
Muflici .oal Corporation,
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation,
WITNESS:
By
and
Chairman.
Lynn D. Allen, Clerk. of its Board
of Supervisors.
STATE OF MICHIGAN )
COUNTY OF OAKLAND )ss
On this day of , 19 , before me, a Not3ry
Public in and for said County, personally appeared
and Lynn D. Allen who, being by me duly sworn, did eachfor hims e lf
say that they are the Chairman and Clerk of the Board of Supervisors
of the County of Oakland, the corporation fl_amed in and winAch executed
the within Lease, and that said Lease was signed and sealed on behalf
of said Corporation by authority of its Board of Supervisors by
Miscellaneous Resolution No 5136 dated 7-J7-69 and the said
and Lynn D, Allen acknowledge said Lease to be the free . .
act and deed of said corporation.
Notary Public, Oakland County, Nick.
My Caam.
Moved by Edwards supported by Coy the resolution be adopted.
AYES: Kasper, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff,
Pernick, Powell, Richards, Richardson, Simson, Szabo, Wilcox, Aaron,
Barakat, Bawden, Brennan, Burley, Coy, Daly, Edwards, Hamlin, Harrison,
Houghten. (25)
NAYS: Hone. (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 #5681 adopted by the Oakland County Board of Commissioners
O 01,00“0000 n 000.000••e•v eemeeeee ..................
at their April 27, 1971 meeting
O 60100.000000,046 oases* ..... eli••no0e•a“6“o0.0VIDGIOOR 00.6 0 .0 •••n •n •0•0 •-1,
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
27th ..... ......... _day of....I.4) ril ..
.Lynn D. Allen............... ...... .....Cierk
By 000•000•0•0•0•0011000009•000••••n ••••• Deputy Clerk