HomeMy WebLinkAboutResolutions - 1991.07.25 - 18508Miscellaneous Resolution July 25, 1991
BY: Planning & Building Committee, Larry P. Crake, Chairperson
RE: Corporation Counsel - Lease Agreement with. EASTER SEAL SOCIETY
OF OAKLAND COUNTY
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland, per Miscellaneous
Resolution No. 3507, 1-30-56) entered into a lease agreement with
the Easter Seal Society of Oakland County, Inc.; and
WHEREAS, a building- was constructed in the area
designated as Community Service Area; and
WHEREAS, this same extended lease dated July 26, 1986
will expire on July 26, 1991; and
WHEREAS, the Easter Seal Society of Oakland County, Inc.,
continues to provide services to the residents of Oakland County;
and
NOW THEREFORE BE IT RESOLVED that the Oakland. County
Board of Commissioners approves the attached lease agreement
between the County of Oakland and the Easter Seal Society of
Oakland County, Inc.;
BE IT FURTHER. RESOLVED that the Oakland County Board of
Commissioners directs it Chairperson to execute said lease
agreement.
Mr. Chairperson, on behalf of the Planning and Building
Committee, I move the adoption of the foregoing . resolution.
PLANNING ARD/BUILJGCCOM
LEASE
THIS LEASE AGREEMENT made this day of July, A.D., 1991
by and between the County of Oakland, a Michigan Constitutional
Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341,
("Lessor") and the Easter Seal Society of Oakland County, a
Michigan Charitable Corporation, 1105 N. Telegraph Road, Pontiac,
Michigan, 48053, ("Lessee").
WITNESSETH:
Whereas, Lessor is the owner of real property described below
which is part- of lands owned and used by Lessor as the "Oakland
County Service Center"; and
Whereas, Lessee desires to lease the described parcel for the
purpose of providing services to persons with disability of all
races, colors, sexes, and creeds.
NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
The Lessor hereby lets and leases to the Lessee, subject to
the following terms and conditions, the following described real
property:
Part of the NE 1/4 of Sec 24, T3N, R9E, Waterford
Township, Oakland County, Michigan described under
Oakland County Service Center coordinate base system as
beginning at a point located 89 deg 45'16" W 2082.59 feet
along the E and W 1/4 line and N 00 deg 05'59" E 730.26
feet along the East right of way line of County Center
Drive and S 89 deg 54'01" E 162.36 feet, and N 46 deg
04'36" E 115.00 ft from the E 1/4 corner of said Section
24, said point of beginning known as County Service
Center coordinate point N 818.68 and W 1835.87; Thence
from said point of beginning N 46 deg 04'36" E 185.00
feet to coordinate point N 947.02 and W 1702.62; Thence
S 43 deg 55'24" E 300 feet parallel to the centerline of
Telegraph Road to coordinate point N 730.94 and W
1494.51; Thence S 46 deg 04'36" W 233.00 feet to
coordinate point N 569.30 and W 1662.33; thence N 52 deg
00'11" W 133.87 feet to coordinate point N 652.19 and W
1767.45; thence N 22 deg 20'24" W 180.00 ft to the point
of beginning and containing 1.575 acres;
subject to the following conditions:
1. Such land and any and all improvements shall be used for
the benefit of persons with disabilities of all races, colors,
sexes and creeds;
2. No buildings or improvements shall be constructed or made
without first submitting plans to the appropriate County
department and having the approval of the Oakland County Board
of Commissioners;
3. This lease shall not be transferrable or assignable to
any individual, group of individuals, association,
corporation, partnership or entity of any kind whatsoever but
shall always be enjoyed by the original Lessee or forfeited
by the original Lessee;
4. This lease shall be void if Lessee violates reasonable
rules and regulations which may from time to time be adopted
by the Oakland County Board of Commissioners, provided a
written copy of said rules and regulations have previously
been served on Lessee;
5. Lessee shall at all times carry such insurance and in
such amounts as will, in the opinion of the Oakland County
Board of Commissioners, be adequate to indemnify the County
of Oakland, its departments, officers and employees against
liability of every type or nature arising by or through the
acts or omissions of Lessee, its officers, agents or
employees. Copies of said policies of insurance will be filed
with the Oakland County Risk Management Division;
6. Any and all structures erected on the leasehold shall
automatically revert to and become the sole property of Lessor
upon termination of this lease;
7. In the event Lessee fails at any time for a period of one
(1) year to utilize the premises for the purpose indicated
above. Lessee shall forfeit all rights in the premises. The
lease shall automatically terminate and the Lessor be entitled
to immediate peaceful possession.
CONTRACT FOR UTILITIES
The Lessor and Lessee may contract for utilities, maintenance
and operations, including, but not limited to, water, sewer,
gas, steam, electrical and telephone utilities, building
maintenance, ground maintenance, custodial services, security
services, and trash pickup services.
The Easter Seal Society of
Oakland County, Inc.,
FA
Executive Director
(/0)
TERM
The term shall be for five (5) years beginning on the 26th day
of July, 1991, with an option for renewal. This lease may be
renewed for a like term upon terms and conditions as may be
agreed upon by the Lessor and the Lessee.
USE
Lessee may use the premises only for the operation of a
facility for the Easter Seal Society of Oakland County, Inc.
RENT
Lessee agrees to pay the Lessor for the above described land
a sum of One Dollar ($1.00) per year commencing on the 26th
day of July, 1991.
TERMINATION
Lessee shall have the right to cancel this lease upon ninety
(90) days written notice to the Lessor by registered mail.
DATED AT PONTIAC, MICHIGAN, this day of
A.D., 1991 by authority of the Oakland County Board of
Commissioners Miscellaneous Resolution No. , adopted
at their meeting held on the day of
WITNESSETH: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
Its Chairperson
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ThE Power To Overcome
Easter Seal Society of Oakland County, Inc.
1105 North Telegraph Road
Waterford, Michigan 48328
(313) 338-9626 (phone)
338-3030 rit)D)
338-2936 (FAX)
June 6, 1991
Mr. Patrick Campbell
Real Estate Section
Oakland County
1200 North Telegraph Rd.
Pontiac, MI 48053
Dear Mr. Campbell:
Attached is the lease between the County of
Oakland and the Easter Seal Society. I was
given authority at out February Board of
Directors meeting to sign this document.
Thank you for your assistance on this matter.
Please do not hesitate to call me if you have
any questions.
oat-7
Sis6án A. Beauvais
Executive Director
SAB:sh
cc Richard D. Mintz, President
Promoting maximum independence and providing quality services to people with disabilities
Resolution # 91150 July 25, 1991
• Moved by Moffitt supported by Jensen the resolution be adopted.
AYES: Millard, Oaks, Olsen, Palmer, Pappageorge, Pernick,
Rewold, Schmid, Serra, Skarritt, Wolf, Bishop, Caddell, Ferrens, Gosling,
Huntoon, Jensen, Johnson, Krause, Law, McCulloch, McPherson. (22)
NAYS: Moffitt, Aaron. (2)
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 July 25, 1991 •
with the original record thereof now r.emaining 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 25th day of—) July ,,, 1991
-I, LynniO. Wilen, County clerk