HomeMy WebLinkAboutResolutions - 1990.10.11 - 18305BE IT FURTHER RESOLVED that
Board of Commissioners
Agreement.
the Chairperson of the
to execute said Lease is authorized
PLANNING AND BUILDING COMMITTEE
BY APPROVE THE FOREGOING RESOLUTION
it- fe)
Date
Misc. 90231 September 27, 1990
By Planning and Building Committee
IN RE: Corporation Counsel - LEASE WITH MAGNA CARTA INSTITUTE,
INC. - 196 Oakland Avenue
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County will have available vacant space at
196 Oakland Avenue upoon the move of the Prosecutor's Office,
Child Services Division; and
WHEREAS the County has -received a request from the
Magna Carta Institute, Inc, of Livonia, Michigan, to lease 700
square feet at 196 Oakland Avenue for a seven-month period from
October 29, 1990, through May 31, 1991, contingent upon receipt
of its funding from the Department of Social Services; and
WHEREAS the Magna Carta Institute would utilize such
space for conducting Job Readiness services and Motivational
Enhancement training for Department of Social Services clients;
and
WHEREAS no renovations or special services would be
needed from the County to accommodate such a use; and
WHEREAS the lease is recommended by the Department of
Public Works, Facilities Maintenance & Operations Division; and
WHEREAS the attached Lease Agreement has been approved
by the Department of Corporation Counsel.
NOW THEREFORE BE IT RESOLVED that the Oakland County
Board of Commissioners approves the attached Lease Agreement
with the Magna Carta Institute for 700 square feet at
196 Oakland Avenue, Pontiac, Michigan, to commence October 29,
1990, and end May 31, 1991, for the fixed rate of $4,000.
Mr. Chairperson, on behalf of the Planning and Building
Committee, I move adoption of the foregoing resolution.
LEASE AGREEMENT
THIS AGREEMENT made this day of
1990, between the COUNTY OF OAKLAND, a Michigan Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341
(LESSOR), and the MAGNA CARTA INSTITUTE, INC., a Michigan
Corporation, 20000 Farmington Road, Livonia, Michigan 48152
(LESSEE).
It is agreed between the parties as follows:
1. Premises. LESSOR agrees to lease to LESSEE
and LESSEE agrees to accept from LESSOR 700 square feet of
space at 196 Oakland Avenue, Pontiac, Michigan.
2. Term. This Lease Agreement shall commence on
October 29, 1990, and end on May 31, 1991.
3. Purpose. LESSEE agrees to use the premises
for conducting training services in a classroom setting, prin-
cipally between the hours of 8:30 a.m. and 5:00 p.m, Monday
through Friday, during the term of this Lease Agreement.
4. Rental. LESSEE agrees to pay the sum of
Four Thousand and No/I00 Dollars ($4,000.00) for the term of
this Lease. This sum is due and payable as follows: $580.00 on
or before October 15, 1990; and $570.00 on or before December 1,
1990, January 1, 1991, February 1, 1991, March 1, 1991, April 1,
1991. and May I, 1991.
5. Utilities and Services. LESSOR agrees to
provide to LESSEE all utilities and services, including
electricity, lighting, heating, air conditioning, water, sewer,
replacement bulbs, and janitorial services.
6. Remodeling. LESSOR and LESSEE agree that
no remodeling or other alteration Of the premises will be done.
LESSEE acknowledges that it has viewed the premises and will
lease the same in an "as is" condition. LESSOR agrees that
the premises will be cleaned prior to commencement.
7. Furniture. LESSEE agrees to provide, at its
sole cost and maintenance, all necessary classroom furniture and
will be responsible for setup and removal of furniture.
8. Assignment. LESSEE agrees that it shall not
assign or sublet the premises.
9. Fire and Casualty Damage. If the premises are
rendered untenable by fire or other casualty, this Lease
Agreement shall be terminated. In such event, LESSEE shall be
entitled to a prorated reduction in rent. LESSOR shall not be
liable for any damages including, but not limited to, reloca-
tion, lost revenues, consequential or incident ial damages.
10. Insurance. LESSEE shall maintain comprehen-
sive general liability insurance with Broad Form Endorsement
with respect to the premises, at its expense, in the amount of
$500,000 combined single limit with $500,000 annual aggregate.
Said policy shall be on an occurrence basis and contain the
following coverage:
Broad Form Property Damage;
Premises/Operations;
Broad Form Contractual (Blanket); and
Personal Injury.
Said policy shall be through an insurance carrier licensed in
the State of Michigan and be acceptable to LESSOR. The
COUNTY OF OAKLAND, its employees, and elected and appointed
(a)
(b)
(c)
(d)
officials shall be named as additional insureds. Certificate(s)
of Insurance shall be submitted ten (10) days prior to
occupancy. LESSEE agrees that thirty (30) days' advance
written notice shall be submitted to LESSOR of material
change(s) or cancellation.
In addition, LESSEE shall also maintain a policy of
f ire and casualty insurance covering LESSEE'S contents.
LESSEE agrees that, prior to occupancy, it shall obtain from
its property insurer and forward to LESSOR a waiver of
subrogation in regard to Oakland County.
11. Indemnification. LESSEE shall save, defend,
indemnify and hold LESSOR harmless from and against any and
all loss, cost, liability, damage, expense (including, without
limitation, reasonable attorneys' fees), penalties, fines and
claims whatsoever in connection with loss of life, personal
injury and/or damage to property arising from negligent acts or
omissions of LESSEE, its agents or employees.
LESSOR shall save, defend, indemnify and hold
LESSEE harmless from and against any and all loss, cost,
liability, damage, expense (including, without limitation,
reasonable attorneys' fees), penalties, fines and claims
whatsoever in connection with loss of life, personal injury
and/or damage to property arising from any negligent or willful
acts_ or omissions cf LESSOR, its agents or employees.
12. Liens. LESSEE covenants and agrees that it
will not permit any liens or encumbrances of any kind or nature
whatsoever to attach to the premises.
13. Modifications. This Lease Agreement may be
modified or amended only by the written agreement of LESSOR
and LESSEE.
14. Governing Law. This Lease Agreement shall be
interpreted under and governed by the laws of the State of
Michigan.
15. Entire Agreement. This Lease Agreement and the
Attachments hereto constitute the entire agreement of the
parties hereto with respect to the premises, and all prior
negotiations, agreements and understandings, either oral or
written, are hereby merged herein.
IN WITNESS WHEREOF, the parties hereto have executed
this Lease Agreement as of the day and year first above written.
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
By:
ROY REWOLD, Chairperson,
Board of Commissioners
LESSOR
MAGNA CARTA INSTITUTE, INC.
a Michigan Corporation
By:
Its
LESSEE
NF7/SE9056FN
'October 11, 1990
FISCAL NOTE (MISCELLANEOUS RESOLUTION # 90231)
BY: FINANCE COMMITTEE
IN RE: CORPORATION COUNSEL- LEASE WITH MAGNA CARTA INSTITUTE, INC.-
196 OAKLAND AVENUE MISCELLANEOUS RESOLUTION # 90231
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 #90231 and finds:
1) Magna Carta Institute requested to lease 700 square feet of space
for the period October 29, 1990 through May 31, 1991.
2) Payment of $4,000 (an average of $571/month) will be paid to
Facilities Operations Division.
3) Budget amendments to the Facilities and Operations budget will be
included in the 1991 County Executive Recommended Budget.
FINANCE COMMITTEE
Resolution # 90231 October 11, 1990
Moved by Crake supported by Jensen the resolution be adopted.
AYES: R. Kuhn, Luxon, McConnell, Moffitt, Oaks, Pappageorge,
Pernick, Rewold, Skarritt, Wolf, Aaron, Bishop, Chester, Crake, Ferrens,
Gosling, Huntoon, Jensen, Johnson. (19)
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, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
Board of Commissioners on October U. 199C
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set ..my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this day of") cluogr 199.0_
Lynn 0. Allen, County Clerk