HomeMy WebLinkAboutResolutions - 1988.08.04 - 17351Miscellaneous Resolution #88185 July 14, 1988
BY: Planning and Building Committee
IN RE: DEPARTMENT OF CORPORATION COUNSEL - ADDENDUM TO LEASE -
52ND-3RD DIVISION DISTRICT COURT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the control unit for
the 52nd-3rd Division District Court; and
WHEREAS pursuant to Miscellaneous Resolution 85062
adopted March 14, 1985, the County entered into to Lease with
Yorkshire International for the premises at 135 Barclay Circle,
Rochester Hills, Michigan, for the purpose of maintaining this
Court; and
WHEREAS pursuant to House Bill 5337, passed in May,
1988, the legislature established a new district court judgeship
for this Court; and
WHEREAS pursuant to Miscellaneous Resolution 88044,
passed on February 25, 1988, this Board of Commissioners
accepted the establishment of this new judgeship; and
WHEREAS it is necessary to enlarge the Court facility
to provide for additional square footage to accommodate the
additional courtroom, chambers and related facilities; and
WHEREAS Yorkshire International will build an addition
to the facility to accommodate the needed expansion, totaling an
additional 4,729 square feet; and
WHEREAS Yorkshire International has proposed to lease
the additional square footage to the County for the same square
footage costs and under the same terms and agreements as set
forth in the Lease dated March 14, 1985.
NOW THEREFORE BE IT RESOLVED that the Oakland County
Board of Commissioners approves the Addendum to the Lease dated
March 14, 1985, reflecting the additional 4,729 square feet at
the rate of $12.66 per square foot for the 52nd-3rd Division
District Court.
BE IT FURTHER RESOLVED that the Board Chairperson is
YAPPROVETHEFOREGOING RESOLUTION !HE
I.
authorized to execute the Addendum to Lease.
Mr. Chairperson, on behalf of the Planning and Building
Committee, I move the adoption of the foregoing resolution.
PLANNING and BUILDING COMMITTEE
ADDENDUM TO LEASE
This amends a Lease dated March 14, 1985, by and between
YORKSHIRE INTERNATIONAL, a Michigan Co-Partnership, whose address
is 1949 Rochester Industrial Drive, Rochester Hills, Michigan 48063
(hereinafter referred to as "Landlord"), and the COUNTY OF OAKLAND,
a Michigan Constitutional Corporation, whose address is 1200 North
Telegraph Road,'t,ontiae,cho43 n_ereiafter referre_f to
"Tenant"), as follows:
1. j=eased Premises. Landlord, in consideratfln of the
rent to be paid and the covenants to be performed by Tnant., does
hereby lease unto Tenant, and Tenant hereby rents from Landlord,
those certain, premises at 135 Barclay Circle, Rochester Hills,
Michigan, containing approximtely 15,685 square feet of space, as is
designated. on Exhibit A attached hereto and made a part hereof
(hereinafter referred to as the "Premises").
2. Term. This Addendum shall be effective January 1,
1989, and shall extend the Lease until December 31, 1998.
4. Rent.
(a) From January 1, 1989 until July 31, 1990, Tenant
agrees to pay to Landlord as fixed annual rent hereunder,
One Hundred Ninety-Eight Thousand, Five Hundred Seventy-Two
and 10/100 Dollars ($198,572.10) per year (which is based
on a rate of Twelve and 66/100 Dollars ($12.66) per square
foot per year), which sum shall be payable by Tenant to
Landlord in equal consecutive monthly installments of
Sixteen Thousand Five Hundred Forty-Seven and 68/100
Dollars ($16,547.68) each, on or before the first day of
each month in advance, without any prior demand therefor
and without any deductions or setoffs whatsoever.
(b) From August 1, 1990 to July 31, 1995, Tenant
agrees to pay to Landlord as fixed annual rent hereunder,
an amount equal to One Hundred Ninety-Eight Thousand, Five
Hundred Seventy-Two and 10/100 Dollars ($198,572.10)
multiplied by the CPI Fraction, as hereinafter defined,
(but in any event, not less than One Hundred Ninety-Eight
Thousand, Five Hundred Seventy-Two and 10/100 Dollars
($198,572.10) per year) which sum shall be payable by
Tenant to Landlord in equal consecutive monthly
installments, each equal to one-twelfth (1/12th) of such
revised fixed annual rent, on or before the first day of
each month in advance, without any prior demand therefor
and without any deductions or setoffs whatsoever.
(c) For the purposes of Section 4(b), the term CPI
Fraction shall mean a fraction, the numerator of which is
the Consumer Price Index, as hereinafter defined, for the
month of July, 1990, and the denominator of which is the
Consumer Price Index for July, 1985; provided, however,
that in no event shall the CPI be less than one (1).
(d) From August 1, 1995 to December 31, 1998, Tenant
agrees to pay Landlord as fixed annual rent an amount equal
to that specified in Paragraph 4(b) multiplied by the CPI
Fraction [but in no event less than that set forth in
Paragraph 4(b)]. The CPI Fraction shall be the numerator
of which is the Consumer Price Index for the month of July,
1995, and the denominator of which is the Consumer Price
Index for the month of July, 1990.
10. Equipment and Furnishings. Tenant shall provide, at
its own expense, all telephone systems, security systems,
audio/microphone equipment, furniture and equipment it deems
necessary in connection with its use and occupancy of the Premises.
Tenant shall be solely responsible for the maintenance and repair of
all such property at its own expense.
16. Repairs. Landlord shall maintain and keep in good
repair the roof, ceilings, walls, foundations, electrical systergs,
plumbing, sidewalkb, yl Tenant
shall maintain the heating and cooling systems at the Premises,
including all general ,maintenance and minor repairs. Landlord shall
be responsible for the -repair or _replacement of the hating and
cooling systems at the -Premises in the .event the cost thereof at any
one . (1) occurrence is in excess of One Thousand and 00/100 Dollars
($1,000.00).
All other terms of the Lease remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Addendum to Lease as of this day of , 1988.
WITNESSES: YORKSHIRE INTERNATIONAL,
a Michigan Co-Partnership
By:
RICHARD G. DRYDEN
Managing Director
"Landlord"
COUNTY OF OAKLAND,
a Michigan Constitutional Corporation
By:
ROY REWOLD, Chairperson
Oakland County Board of
Commissioners
"Tenant"
August 4, 1988
FISCAL NOTE
BY: FINANCE CU/MD:TEE, DR. G. WILLIAM CADDESI, CHAIRPERSON
IN RE: DEPARTMENT OF CORPORATION COUNSEL - ADDENDUM TO LEASE - 52ND-3RD
DIVISION DISTRICT COURT (MISCELLANEOUS RESOLUTION #88185)
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 #88185 and finds:
1. The 1988-1989 Biennial Budget includes $50,640 in 1989
for the court facility expansion Which was based on an
estimated 4,000 square feet at $12.66 per square foot.
2. The cost of the requested addendum to the lease is
$59,869 (4,729 square feet at $12.66 per square foot), a
difference of $9,229 from the budgeted amount.
3. The square footage increase also causes the following
increases: custodial services, $1,094; utilities,
$1,094; and property taxes, $1,648.
4. The total, $13,065, is available in the 1989 Contingency
Account and recommends the transfer as follows:
4-10100-909-01-00-9900
4-10100-324-01-00-3658
4-10100-324-01-00-3390
4-10100-324-01-00-3296
4-10100-324-01-00-3594
Contingency $(13,065)
Rent 9,229
Heat, Lights, and Water 1,094
Custodial Services 1,094
Property Taxes 1,648
-0-
FINANCE COMITTEE
. ALLEN, County Clerk/Register of r
Resolution # 88185 August 4, 1988
Moved by Hobart suoPOrted by Richard Kuhn the resolution (with a
positive 1-iscal Note attached) be auopted.
The Chairperson stated he would abstain from voting because he would
be bidding on this.
AYES: Page, Rowland, Skarritt, Wilcox, Caddell, Calandra, Crake, Gosling,
Hobart, R. Kuhn, Lanni. (11)
NAYS: A. McPherson, R. McPherson, Oaks, Luxon. (4)
ABSTAIN: Rewold. (1)
A sufficient majority net having voted therefor, the resolution failed.
The Chairperson declared a 5 minute recess. The Board reconvened at
1:08 P.M.
Roll Called.
PRESENT: Caddell, Calandro, Crake, Doyon, Gosling, Hobart, R. Kuhn, Lanni,
Luxon, McConnell, A. McPherson, R. McPherson, Oaks, Page, Pernick, Price, Rewold,
Rowland, Skarritt, Wilcox. (20)
ABSENT: Aaron, Bishop, Jensen, S. Kuhn, Law, McDonald, Moffitt. (7)
Quorum present.
Moved by Oaks supported by Wilcox the Board reconsider the action taken
on the resolution.
AYES: Oaks, Page, Pernick, Price, Rewold, Rowland, Skarritt, Wilcox,
Caddell, Calandro, Crake, Doyon, Gosling, Hobart, R. Kuhn, Lanni, McConnell. (17)
NAYS: R. McPherson, Luxon, A. McPherson. (3)
A sufficient majority having voted therefor, the motion to reconsider
carried.
Vote on resolution:
AYES: Oaks, Page, Pernick, Price, Rowland, Skarritt, Wilcox, Caddell,
Calandro, Crake, Doyon, Gosling, Hobart, R. Kuhn, Lanni, McConnell. (16)
NAYS: Luxon, A. McPherson, R. McPherson. (3)
ABSTAIN: Rewold. (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 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 August 4, 1988
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 Test irony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this 'day of 108