HomeMy WebLinkAboutResolutions - 1989.06.15 - 16978I P74517Y .r7Pnlir THE FrIPEGOMG RESOLUTION
Darlicl T. Murphy, County ExqOlive
•;,F
MISCELLANEOUS RESOLUTION #89132 May 25, 198P
BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson
IN RE: CORPORATION COUNSEL (REAL ESTATE DIVISION) - LEASE FOR THE
FIRST OF AMERICA BANK OF SOUTHEAST MICHIGAN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution 84167 adopted June 14, 1984,
the County of Oakland leased to the Community National Bank, a National
Banking Corporation of Pontiac, 700 square feet of office space in the
Oakland County Court House for five (5) years; expiring on May 2, 1989;
and
WHEREAS the Community National Bank now known as First of America
Bank of Southeast Michigan has vacated its 700 square feet of office
space on June 1, 1988; and
WHEREAS on May 1, 1988 the First of America Bank has relocated
within the County Court House ground floor, occupying 36 square feet
of space for its Automatic Teller Machine (ATM); and
WHEREAS the Planning and Building Committee has reviewed the
terms of the lease agreement and budget adjustments and recommends
that Oakland County enter into the lease with the First of America
Bank of Southeast Michigan, a copy of which is attached hereto.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners is hereby authorized to execute the attached lease for
a term of two (2) years with the right to renew or extend the lease
term for an additional three (3) years with First of America Bank of
Southeast Michigan.
Mr. Chairperson, on behalf of the Planning and Building Committee,
I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
ATM LEASE AGREEMENT
This Lease Agreement is entered into as of the 1st day
of May, 1988, (but executed between the parties on 11F,61
1989), between the County of Oakland; a Michigan
Constitutional Corporation, 1200 N. Telegraph Road, Pontiac,
Michigan 48053 (hereinafter LESSOR) and the First of America
Bank - Southeast Michigan, N.A. (hereinafter LESSEE) as
follows:
I. LEASED PREMISES
LESSOR leases to LESSEE the premises located in the
Court Tower, Ground Floor Lobby, on the Oakland County Service
Center, 1200 N. Telegraph Road, Pontiac, Michigan, consisting
of thirty-six (36) square feet.
TERM
The term of this Lease shall commence May 1, 1988 and
shall continue for two (2) years unless extended or terminated
as provided below.
III. RENT
LESSEE agrees to pay as rent for the premises the sum
of Six Hundred Forty-eight ($648.00) Dollars per year, payable
in twelve (12) monthly installments at the rate of Fifty-four
($54.00) Dollars per month, in advance, on the first day of
each month.
IV. USE AND ACCESS
LESSEE shall use the premises for the exclusive purpose
of operating an Automatic Teller Machine (ATM), and for no
other purpose without the written consent of LESSOR. The
public shall have access to the ATM during generally accepted
business hours. LESSEE shall have access to the ATM premises
as is necessary to service and.maintain the ATM.
V. MAINTENANCE
LESSEE agrees to expeditiously make all repairs
necessary to maintain the ATM in good operating condition and
shall bear all expenses for the same. LESSOR shall have no
responsibility for the- maintenance of the ATM and shall not
attempt to repair or 'service the ATM nor gain access to the
ATM enclosure without LESSEE'S prior knowledge and consent.
LESSOR shall keep all open floor areas surrounding the ATM
premises reasonably clean and in reasonably good and safe
condition.
VI. UTILITIES
LESSOR shall furnish, at its cost and expense, all
lighting, air conditioning, heat, and electricity- If any
utility is disrupted, suspended, or discontinued for any
reason, LESSOR shall make all reasonable efforts to
reestablish such service as quickly as possible. LESSEE shall
not be entitled to any reimbursement, compensation or damages
in this respect unless LESSEE suffers actual damages due to
the unlawful, negligent or wilful act or omission of LESSOR,
its agents or employees.
LESSOR agrees to allow LESSEE access to existing
telephone and electrical facilities for the purpose of
operating and maintaining the ATM premises and ATM. LESSEE
shall be responsible for any and all monthly telephone
charges.
VII. OWNERSHIP
The ATM and its access lines are and shall remain the
property of LESSEE and may be removed by LESSEE in accordance
with the terms of this Lease. The enclosure and doorway
thereto, is and shall remain the properly of LESSOR. At the
termination of this Lease, the enclosure shall be disassembled
by and at the sole cost of LESSOR.
VIII. RELOCATION
In the event that it becomes necessary to relocate the
ATM and its enclosure due to building remodeling or otherwise,
LESSOR shall, upon thirty (30) days advance notice to LESSEE,
and at LESSOR'S sole expense, relocate the ATM and its
enclosure to another suitable site within the Court Tower
structure which is mutually agreed to by the parties.
IX. SUPERVENING LAW
Both parties understand that LESSEE'S operation of the
ATM Premises is and will be subject to, and governed by,
various state and federal laws and regulations with which
LESSOR and LESSEE must comply. LESSEE and LESSOR agree that
this Lease shall be considered as automatically amended so as
to comply with any such law or regulation or to comply with
the directive or order of any governmental official charged
with the enforcement thereof; provided, however, if any such
changes in the law or regulations impose any new or greater
obligations, liability or duty on LESSOR or LESSEE in
connection with the operation of the ATM, each party reserves
the right to terminate this Lease prior to the lease term as
above stated without penalty on thirty (30) days written
notice to the other party.
LESSOR and LESSEE acknowledge that the termination of
ATM operations may be subject to time frames and procedures
governed by banking laws, regulations and directives.
Notwithstanding anything to the contrary in the Lease, LESSEE
and LESSOR agree that the effective date of Lease termination
shall be dictated by applicable banking laws, regulations or
directives.
X. INSURANCE
The following insurance shall be obtained:
A. Comprehensive General Liability Broad Form
Endorsement ($500,000/500,000 CSL) with the following as
minimum requirements:
1. Broad Form Property damage;
2. Broad Form Contractual (Blanket);
B. Worker's Compensation (as required by
Michigan State Law); Employer's . Liability ($100,000).
LESSEE shall provide a Certificate of Insurance
evidencing the above required insurance.
All Certificates of Insurance are to provide 30 days
notice of material change or cancellation. Certificates of
Insurance must be provided to Oakland County. Insurance
carriers are subject to the reasonable approval of Oakland
County and must be licensed or admitted in the State of
Michigan.
XI. ASSIGNMENT
LESSEE shall not assign this Lease or permit any other
party to operate the ATM without LESSOR'S prior written
approval; provided, however, that LESSEE shall be permitted to
assign this Lease to any subsidiary of First of America Bank
Corporation or to any subsidiary of such subsidiary or to any
company which is a successor by merger or acquisition of
LESSEE or First of America Bank Corporation; and provided
further, that any such assignment shall not release LESSEE
from its covenants and agreements contained in this Lease.
Further, any utilization of the ATM that may be required of,
or arise from, the application of Article IX hereof, shall not
be deemed to be a violation of this clause.
XII. INDEMNIFICATION
LESSEE agrees to defend, indemnify and hold harmless
LESSOR, its officials, agents and employees from and against
any and all claims, suits, damages, costs, expenses (including
reasonable attorney fees), interest, liabilities and penalties
in connection with or arising from the mechanical operation or
performance of the ATM, or the use of any trademarks or
devices in connection therewith.
LESSOR agrees to defend, indemnify and hold harmless
LESSEE, its directors, officers, agents and employees, to the
extent permitted by law, from and against any and all claims,
suits, damages, costs, expenses (including reasonable attorney
fees), interest and liabilities in connection with or arising
from the unlawful, negligent or wilful acts or omissions of
LESSOR, its agents or employees which are performed within the
scope of their employment.
XIII. DAMAGE TO ATM PREMISES
If any of the ATM premises is damaged or destroyed in
whole or in part by fire or other casualty so as to deprive
LESSEE of occupancy or use of the ATM premises, or, if the
access to the ATM Premises is damaged, destroyed or declared
to be unsafe, and, if such condition is not repaired or
restored to the same good tenantable condition existing prior
to such damage or destruction within thirty (30) days of the
occurrence, either party may terminate this Agreement as to
the ATM Premises without liability to either party with
respect to such termination.
XIV. OPTION TO RENEW
LESSEE shall have the right to renew or extend this
Lease for three (3) additional terms of two (2) years, at a
rental rate to be agreed upon, provided that LESSEE gives
written notice to LESSOR of its intention to exercise such
right at least ninety (90) days prior to the termination of
this Lease.
XV. Any notice required or permitted by this Lease
shall be in writing and delivered in person or deposited in
the U.S. Mail, postage prepaid as follows:
LESSOR: County of Oakland
Department of Corporation Counsel
Real Estate Section
1200 N. Telegraph Road
Pontiac, Michigan 48053
LESSEE: First of America Bank,
Southeast Michigan, N.A.
General Service Division
30 N. Saginaw
Pontiac, Michigan 48058
dent
akta=c= Vice President
STATE OF MICHIGAN
ArgpTBEA.20MICHIGAN,
a It al fir .41 li 1 iliL .'
:411 t *
a
111Pr47; ecutive - i c "111"' e ecutive es
24th day of
me, personally appeared
On this
before
IN WITNESS WHEREOF, the parties have Signed this Lease
Agreement the day and year set forth above.
WITNESSES: \ COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
, Chairperson
Oakland County Board of
Commissioners
STATE OF MICHIGAN
)ss
.COUNTY OF OAKLAND
On this day of , 1989,
before me, personally appeared
being by me duly sworn did say that he is the Chairperson or -
the Oakland County Board of Commissioners, and that Lease was
signed on behalf of the County of Oakland by authority of its
Board of Commissioners by Miscellaneous Resolution No.
dated , 1989.
Notary Public,
County, Michigan
My Commission Expires:
FIRST OF AMERICA BANK -
SS
COUNTY OF OAKLAND )
Apri 1
a Iito tAWAkcikkOMMUm. Atttttta*MUOAMAttOAkkkkkt *e ng sY me dulY
sworn did say that they are Vice Presidents of First of
America - Southeast Michigan, N.A., and that Lease was signed
on behalf of First of America, Southeast Michigan, N.A., by
authority of Resolutions of the Board of Directors, dated
March 8, 1989.
, 1989,
Notary Public,
County, Michigan
My Commission Expires:
MARGARET J. MASON
Notary Putlfc, Oakland County, Mtchgon
My Commission Expires Sr,.;.:.n .,bzr 8, 1990
June 15, 1989
FISCAL NOTE (Misc.89132)
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: CORPORATION COUNSEL (REAL ESTATE DIVISION) - LEASE FOP THE FIRST
OF AMERICA BANK OF SOUTHEAST MICHIGAN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed
Miscellaneous Resolution #89132 and finds:
1) On June 1, 1988 First of America vacated office space located at
ground floor of the courthouse.
2) First of America has continued rental payments of $497 per month thru
March 31, 1989 to the Facilities, Maintenance and Operations Fund.
3) First of America's automatic teller machine (Imo was installed May 1,
1988.
4) First of America has paid ATM rent for June 1989.
5) Rental payments for the period June 1, 1988 - March 31, 1989 should
offset installation costs incurred by Facilities, Maintenance and
Operation and rental of space for automatic teller machine.
Bank Office space rental (June 1, 1988 - March 31, 1989) $ 4,970
Installation costs (3,009)
Office Space for ATM (May 1, 1988 - May 31, 1989) (702)
Funds returnable to First of America $ 1,259
6) Funds of $1,259 should be returned to First of America.
7) Beginning July I, 1989 First of America should pay $54/month per the
attached lease.
8) Office space for the bank will be occupied by the Clerks Office upon
remodeling.
9) NO budget amendments are recommended.
FINANCE COMMITTEE
nf-fncorpco
RESOLUTION # 89132. June 15, 1989
LYNX D. ALLEN, County Clerk
Register of Deeds
15th day of , 19 89
eputy er
Moved by Hobart supported by Oaks the resolution (with a positive
Fiscal Note attached) be adopted.
Moved by Hobart supported by Bishop the resolution be amended in the
NOW THEREFORE BE IT RESOLVED paragraph to read:
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners is hereby authorized to execute the attached lease for a term of
two (2) years with the right to sTenew the lease for three (3) additional
terms of two (2) years each with First of America Bank of Southeast Michigan."
A sufficient majority having voted therefor, the amendment carried.
Discussion followed.
Table.
Moved by Aaron supported by Crake the resolution be laid on the
AYES: Luxon, McPherson, Oaks, Pernick, Price, Aaron. (6)
NAYS: Calandro, Chester, Crake, Ferrens, Hobart, Jensen, Johnson, R,Kuhn,
Susan Kuhn, Law, McConnell, McCulloch, Pappageorge, Skarritt, Wolf, Bishop,
Caddell. (17)
A sufficient majority not having voted therefor, the motion to lay
the resolution on the table failed.
Vote on resolution:
AYES: Chester, Crake, Ferrens, Hobart, Jensen, Johnson, R. Kuhn,
-S. Kuhn, Law, Luxoll, McCwieH cC1Io,McPherv;n, Oaks, OIseo, Pappageorge,
'Pernick, Price, Skarritt, Wolf, Aaron, Bishop, Caddell, Calandra. (24)
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 the attached resolution,
adopted by the Oakland County Board of Commissioners at their regular meeting
held on June 15 , 19 89 with the original record thereof now remaining
on file 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