HomeMy WebLinkAboutResolutions - 1989.09.14 - 17165„ /4-?
MISCELLANEOUS RESOLUTION #89208 August 17, 1989
BY: Planning & Building Committee, Anne M, Hobart,
Chairperson
IN RE: CORPORATION COUNSEL/REAL ESTATE SECTION - Extension of
Lease for 52nd District., 4th Division Court Facilities
in the City of Troy
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the control unit for
the 52/4 District Court; and
WHEREAS, the 52/4 District Court is presently located
in the City of Troy Municipal Building; and
WHEREAS, the current lease for the 52/4 District Court
facilities expires on the 28th of February, 1990; and
WHEREAS, Paragraph 5K of the lease provides for a
renewal or extension of this lease upon six (6) months prior
written notice; and
WHEREAS, the City of Troy is desirous of extending this
lease for two (2) additional years under the terms and
conditions as set forth in the original 1965 lease, at an
annual rate of $75,668.00 plus adjustments upward or downward
to reflect changes in the City of Tr oy's cost of labor,
supplies, utilities and insurance.
NOW THEREFORE BE IT RESOLVED that the Oakland County
Board of Commissioners approves the extention of the Lease for
the 52/4 District Court with the City of Troy, for a period of
two years under the same terms and conditions as originally
set forth in the 1985 Lease between the City of Troy and the
County of 0a.kland,
BE IT FURTHER RESOLVED that the Board of Commissioners
directs it. Chairperson to execute the necessary documents to
extend the Lease.
Mr. Chairperson, on behalf of the Planning and Building
Committee, I move the adoption of the foregoing resolution,
PLANNING AND BUILDING COMMITTEE
WITNESSES:
Tamara A. Renshaw
CITY OF TROY
EXTENSION OF LEASE
This Lease Extension is made this day of
1989, between the City of Troy, (the "Lessor") and the County
of Oakland (the (Lessee").
It is agreed by the parties that the Lease Agreement
dated the 21st of February, 1985 for the term of March 1, 1985
through February 28, 1990 for the 52nd Judicial District
Court, 4th Division, is hereby extended for two (2) additional
years, those being March 1, 1990 through February 28, 1992.
It is further agreed that all terms and conditions as
set forth in the Original Lease are continued in full force
and effect, including the rental rate and annual adjustments
which shall be effective as of March 1 in the years 1990 and
1991.
COUNTY OF OAKLAND
By:
Its:
Kenyieth L. Cöuftney
"ify Clerk
citp of Trop
At a Regular meeting of the Troy City Council held Monday,
July 17, 1989, the following resolution was passed:
RESOLVED, that the Extension of Lease between the City of
Troy and the County of Oakland for the 52/4 District Court
facilities through February 28, 1992 is hereby approved, and
the Mayor and City Clerk are hereby authorized to execute the
documents, a copy of which shall be attached to the original
minutes of this meeting.
T hereby certify that the foregoing constitutes a true and
complete copy of a resolution adopted by the City Council of
the City of Troy, County of Oakland, Michigan, at a Regular
meeting duly called and held on Monday, the seventeenth day
of July, 1989.
500 W. BIG BEAVER ROAD TROY, MICHIGAN 48084
Bldg. Inspections 524-3344 Dept. ot Public Works 524-3370 Library 524-3545 Purchasing 524-3338
City Assessor 524-3311 Engineering 524-3383 Museum 524-3570 Recreation (Parks) ..... 524-3484
City Attorney. .... 524-3320 Finance 524-3411 Personnel 524-3339 Traffic Engineer . „ . . . .524A379
City Clerk 524-3315 Fire . 524-3419 Planning 524-3364 Treasurer . ...... . . 524-3334
City Manager 524-3330 Information 524,3300 Police Dept. ..... . 524-3443
LEASE
-THIS LEASE AGREEMENT made and executed this2istday, of
A.D., 1985, by he CITY CF TROY (the "Lessor") and the COUNTY OF CAELAND, a
Michigan Constitutional Corporation (the "Lessee"). It is agreed by the parties
in consideration of the terms, conditions, covenants and agreements set forth
that:
1. The Lessor does lease to the Lessee, that portion of a building
identified in Exhibits 7A" and "B", for the 52nd Judicial District
Court, 4th Division, Oakland County, Michigan, Consisting of approxi-.
mately ten thousand eighty-nine (10,089) square feet of office space
ftwJa term of five (5) years, commencing 'on the 1st day of March
A.D., 1985 and ending on the 28th day of February, A.D., 1990, and '
the address of the District Court is 500 West Big Beaver Road, Troy,
Michigan 48084.
2. The Lessee does agree to lease the premises from Lessor, for the
District Court, for the. term, and covenants to pay the Lessor rent
in the total sum of Three Hundred Eight-Five Thousand Eight Hundred
Thirty-Eight ($385,838), SUbject to adjustment as provided
for in Section 4,b below, plus conference room rentals. Payment shall .
13e.immielbualdbee.Lessor in.advanca, mcnthly during the leasP term.
2,a- The Lessor does lease to the Lesee those conference roams reserved
for court purposes as provided for in Section 5, M below as needed
by the District Court, and the Lessor also agrees to provide 15
reserved parking spaces in the east lot (identified on Exhibit "C")
for the use by court employees fran 7:30 a.m. to 5:30 p.m. on days
Court offices are open, for a term of five (5) years, commencing
on the 1st day of March, A.D., 1985, and ending on the 28th day of
February, A.D., 1990, and the address also being 500 West Big Beaver -
Road, Thy, Michigan 48084.
February,
$6,305.67 $75,668.00
In the. event that Lessor and Lessee shall, prior to this expiration
date, enter into a new agreement under the terms of which the City
shall construft a separate court facility to be lensed to the County
for occupancy by the District Court, then when said new facility is
determined by the Chief Building Inspector of the City of Troy to be
completed and readyfor occupancy, this lease shall terminate, and
be superceded by Said new lease referred to Above.
4,a. The Lessee agrees to lease the premises. referred to in Sections 1
and 3 above for the aforesaid term, and covenants to pay the Lessor
.rent on. the _following basis:
Rate Per
Area .Day
Cburtrooms, Council
Chamber and Office -
area as per EXhibits
A and B . 302.67*
Monthly Bate Annual Rate
$75,668.00** $6,305.67
Conference Rooms 6.00 ea. rate x days, rate x days
used used
TOTAL:
*Computed on basis of 250 days per year.
** $7.50 per square foot - see EXhibit D
4,b. Payment shnll be made to Lessor in advance, monthly.
• lease -terra,.ient -paymerts shnll be adjustelimpimmixmdbmward
to reflect upward or downward changes to Lessor in the cost of
labor, supplies, utilities and insurance. Following notification
to Lessee at least 30 days in advance, adjustments shall be made
annually by Lessor effective as of March 1 in the years 1986,
1987, 1988 and 1989. Such notification of change in the lease
rental shall be accompanied by a summary of operation and
maintenance costs for the Municipal Building/Justice Center for
the fiscal year ending June 30 preceeding, together with an ex-
During the
-2-
(contd) •
4,b. planation of the factors taken into consideration in making this
rhnnge in the lease rental rate.
5. The Lessee agrees and convenants as follows:
A. That it will not permit the use of the leased premises in any
dhnner uhich will substantially increase the rate of insurance;
or for any purpose 'which may result in a violation of local,
state, or federal laws, rules or regulations now or hereafter
in force;
B. That the Lessee shall 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 not to permit, rn/lie or allow any rubbish, waste
material or products to accumulate on or about the premises;
C. That the Lessee shsll neither sublet nor assign the interest
or use the premises, or any part, without the prior written
consent of Lessor endorsed hereon;
D. That should Lessee hold over the premises after the expiration
of the lease term, without renewal in writing, for a period of
one (1) month or more, the Lessee shall be deemed a tenant for
calendar month to calendar month at the same terms and conditions
as providedherein;
E. The Lessee shall furnish, at its own expense all furniture,
equipment and furnishings, as it deems advisable; and, furniture,
equipment and furnishings furnished by Lessee shall be maintained
and repaired by Lessee, and shall remain in its ownership and
possession; and, furnishings, equipment and furniture provided ,
by the Lessor shall be maintained and repaired by Lessor and shall
remain in Lessor's ownership and possession.;
F. That the Lessee shall allow the Lessor full access to and about
the leased premises, during the regular business hours, for the
purpose of making inspections and repairs as Lessor may be re-
quired to make, provided Lessor shall not necessarily or unreasonably
disrupt the usual operations of the Court;
G. That the Lessee shall keep the leased premises in as good repair
as the same shall be at the commencement of the term, wear and
tear from the reasonable use of same, and damage by the elements
excepted;
H. That Lessee shall make no alterations or improvements to or upon
the leased premises without the prior written consent of the Lessor;
I. That all improvements made to or upon the leased premises shall
become .an integral part, and shall belong to the Lessor upon
termination of the lease, unless otherwise agreed by the parties,
in writing, at the time the alterations or improvements are approved
.by the Lessor;
J. That nothing in this lease shall authorize the Lessee to do any
act which shall in any way encumber title of the Lessor in and
to the premises. The interest of the Lessor shall not be in anyway
subject ..to any claim of lien or encumbrance, whether cla.imed by
. operation of law or by virtue of express or implied contract by the
Lessee. Any claim to a lien upon the premises, arising from any
act or omission of the Lessee, Shall accrue only against the lease-
hold estate of the Lessee and shall in all respects be subject to
the parmmunt title and rights of the Lessor in and to the premises;
(J) (contd)
The Lessee further agrees and covenants that it shall not enter
into any contract with any person, firm or corporation, for labor,
service or material in connection with any building or improvements
upon the premises, which contract involves in Amount in excess of
,$100, unless it shall be stipulated in and be a condition of the
contract that no lien shill arise, attach or be claimed on account
of the contract on account of any work done or materials furnished
under the contract as against the title or interest of the Lessor
in the premises, unless it shall be agreed in the contract that the
contractor, person, firm or corporation entering into such contract
•
shall, by the terms thereof, waive any or all right or claim to the
lien on the premises, so far as the Lessor's interest thereon is
concerned. Any lien which may arise or be claimed under the contract
shall attach only to the leasehold interest of the Lessee. The Lessee
agrees that it will cause waivers of liens as against the interest of
Lessor on the premises to be executed by contractors furnishing labor,
• services or materials in or About the work so involved upon such
_buildings or_irprovements, and to be furnished to lessor as soon as any
contractor shftll commence performance of work, or the furnishing of such
_material, in all cases wherein the Absence of waiver, the person, firm
or corporation might claim a lien on the interest of the Lessor in or
to the premises; •
K. That, if the Lessee desires to further lease the premises after the
term, the Lessee shall give written notice to the Lessor at least six
(6) months prior to the expiration date of the term, or extensions or
renewals of same, if any;
L. That the Lessee shall use. and occupy the leased premises as and
for District Court only, and for Operations and offices necessarily
related, unless the Lessor should give written consent for deviation
of such use and occupancy;
M. That Lessee shall .have access to the City Council Chambers (Exhibit "A")
for court pdrposes between the hours of 8 a.m. and 6 p.m., Monday
through Friday. Lessee will have the use of mini-conference rooms
only during those times when not required for City government purposes
and when necessary for the use as a jury room and upon having previously
_scheduled the rocenlar juiy roam purposes through the office of the City
Clerk, a minimum of two (2) weeks prior to the date of such usage.
Lessee.may, from time to time and during other hours of the day, schednle
. use of City Council Chambers shown in Exhibit "A" for purposes required
by the regular functions performed by the District Court; the scheduled
use to'be submitted for approval by the City Manager through the office
of the City Clerk two(2)weeks in advance of the scheduled date of usage,
which in no. event will interfere with the normal meeting of the City
Council and the various boards and committees of the City of Troy;
N. That the Lessor, may from time to time, schedule use of courtrooms shown
• in Exhibit "BP for meeting purposes as. required by various general govern-
ment purposes and functions performed by Lessor for the inhabitants and
citizens of the City of Troy. The scheduled use is to be submitted for
approval by the presiding judge of the Fourth Division through the office
of the Court Administrator two (2) weeks in advance of the scheduled
date of usage, which in no event will interfere with the normal hours of
operation of the District Court.
64 The Lessor agrees and covenants as follows:
A. That the Lessee, on payment of the rental at the time and in the
manner required and performing all covenants made by it may peacefully
and quietly have, hold and enjoy the demised premies for the term and
purpose;
B. That the Lessor shnll provide suitable locks for all doors to the offices
of the District Court' Judge(s); the Court Administrator, and to the
• Jury Boom with only authorized Court personnel and the Lessor having
access keys to the offices and rooms; the Lessor to use the keys and
enter the offices and rooms for authorized inspections, repairs,
•mallmtprinnep and/or cleaning only;
C. That the Lessor shall plovide 'bonded custodial services. The
general interior cleaning is to be done after regular working hours
of the District Court. The services to be provided shall be the
same quality and standard as those provided for Troy Municipal offices;
D. That the Lessor shall insure that the leased premises conform to all
local, county and state fire codes and building codes, nnd that this
lease and premises will conform with Public Act No. 1 of 1966, as
amended, regarding accommodations for the handicapped; .
E. That the Lessor will be solely responsible for all maintenance of
the leased space, removal of snow and ioe -fram -the parking area, all
custodial services, including supplies, on a daily basis and assume
the cost of heat, electricity and water;
F. That the Lessor shall invoice Lessee monthly and 15 days prior to the
due date.
7. That Lessor and Lessee mutually agree and covenant as follows:
A. It is understood and agreed that if the premises leased be damaged
or destoryed in whole or in part by fire or other casualty during
(contd)
7.
A. during, the term, the Lessor will repair and restore the same to
good tenantable condition. If the Lessee shall fail to adjust.
his own insurance or to remove his damaged goods, wares, eggipment
or property within a reasonable time, and as a result the repairing
and restoration is delayed, there shall be no abatement of rental
during the period of resulting delay. There shall be no abatement
of rental if fire or other cause damaging or destroying the leased
premises shall result from the negligence or willful act of Lessee,
his agents or emploYees. If the Lessee shall use any part of the
leased premises for storage during the period of repair a reasonable
r!hnrge.shall be made against the Lessee. In case the leased
premises, or the building of Which they are a part, shall be destroyed
to the extent of more than one-half of the value, the Lessor may at
his option terminate this lease forthwith by a written notice to the
Lessee;
B. That Lessee 1-1a11, at its own expense, maintain insurance to insure
all of its personal property and trade fixtures against damages
_occasioned by 'Acts of God', fires, or other similar causes Which
are beyond the control of the Lessor and shall designate the City
of Troy, Lessor', as its interest may appear, as additional party
insured under the policy and provide Lessor with a Certificate of
Insurance evidencing these coverages;
C. Lessor shall, at its own expense, maintain insurance to insure
the demised premises against damages occasioned by 'Acts of God',
fires, or other similar caues uhith are beyond the control of the
Lessee and shall designate 'Oakland County', Lessee, as its interest
may appear, as additional party insured under the policy and provide
-8-
Vitness ' JACK C. HAYS /
•
Witness ELAINE G. McCRACKEN
Richard E. Doyle, Mayor
, . K'enneth L. dburtney, City Ck'41
BY:
(contd)
C. Lessee with a Certificate of Insurance evidencing these coverages;
Lessor and Lessee agree to cover their respective interest with One
Million Dollars ($1,000,000.00) coMbined single• limit per occurrence
COmprehensive General Liability. Each party shnll designate the
other party, as its interest may appear, as an Additional party
insured under its policy and provide each other with a Certificate of
Insurance evidencing these coverages; •
It is mutually agreed between the Lessor and Lessee that any property
loss which is covered by insurance carried by the Lessor or Lessee,
each party, to the extent that such damages are covered by insurance
. and paid to such party by the insurance carrier, shall waive any claim
for compensation for damage which it may have against the other
property.
In W1T1ESSiglERBOF 'said Lessor and the County of Oakland, Michigan, by its Board
instrument by its of Commissioners, have each caused its name to be signed to this
•
duly authorized officers, the day and year first above written.
This Lease has been executed in duplicate.
LESSOR
/
Witness
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
7,1—A771 E. GOSLING, .Vice-Chai-r'6erson,
Board of Commissioners
APPROVED AS TO FORM
Department of Corporation Counsel
. ,
v , •
DaZed:
-9-
.:nlYmesmw
S t On this 2
STATE OF MICHIGAN)
.)SS
CCUNTY OF OAKLAND)
On this 47171-4- day. of — . 19L . personally
airbeared, and acknowledged
said instrument to be their free act and deed.
/
Notary Public, Oakland
County, Michigan
My commission expires:
STATE CF MICHIGAN)
)SS
County of Oakland)
day of February , 3.9 85 personally
appearei' MARILYNN E. GOSLING , and did say
Vice-Chairperson
that she is the/Chairman of the Oakland County Board of Cbmmissioners and
as such has affixed his signature to the foregoing Agreement, and that said
Instrument was signed and sealed on behalf of said County of Oakland, by
authority of its Miscellaneous Resolution No. 85018 , dated 2/14/85
and acknowledges said instrument to be the free act and deed of said County
of Oakland.
Notary Public s Oakland JACK C. HAYS
County, Michigan
My commission expires: 7/15/86
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*Gross square footage =
Less Garage and Basement
71,931
-16,019
, '
- .
EXHIBIT D
MUNICIPAL BUILDING AND JUSTICE CENTER
_1983-84 WEBATICN AND MAINTENANCE COSTS
.0.1stodial Services $ 73,073
Building Maintenance Costs 35,245
Utilities 226,726
Insurance 10,096
Contract Equipment Maintenance 1,727
Rent - 31,000
1isce11aneous 72 •
,, •
Proration of Civic Center Maintenance Costs 38,579
$416,518
Cost per square foot $7.45*
Used for square footage
computation . 55,912 square feet
ts-fncorp
September 14, 1989
FISCAL NOTE
BY: FINANCE COMUITIE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: OORPORATICN COUNSEL/REAL ESTATE SECTION - EXTENSION OF LEASE
FOR 52ND DISTRICT, 4TH DIVISION COURT FACILITIES LK THE CITY OF
TROY, MISCELLANEOUS RESOLUTION #89208
TO THE OAKLAND COUNTY BOARD OF COMISSICNEPS
Mt. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has
received Miscellaneous Resolution #89208 and finds:
1) The current lease with the City of Troy for the 52/4 District
Court expires on February 28, 1990;
2) The new lease agreement will cover a two(2) year period beginning
March 1, 1990 through February 28, 1992 under the terms and
conditions as set forth in the original 1985 lease;
3) The new lease will remain at the annual rate of $75,668.00 plus
adjustments upward or downward to reflect changes in the City of
Troy's cost of labor, supplies, utilitieq and insurance;
4) The new lease does not affect the 1989 budget. The rental rate
has been incorporated into the County Ekecutive Recomended
Budget for 1990-1991.
FINANCE COMMITTEE
this 14th eptember 1989
YNN/D. ALLEN, County Clerk/Re,g:star of Dt2
:Resolution # 89208 September 14, 1989
Moved by Hobart supported by Pappageorge the resolution be adopted.
AYES: Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt
Wolf, Aaron, Bishop, Caddell, Calandro, Chester, Crake, Ferrens, Gosling, Hobart,
Jensen, Johnson, R. Kuhn, Law, McConnell, McCulloch (24)
NAYS: McPherson. (1)
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 andhaving a sea
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 September 14, 1989
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 Testirony Whereof, I have hereunto set
seal of said County at Pontiac, Michigan
my hand and affixed the