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HomeMy WebLinkAboutResolutions - 1968.07.18 - 18913Grounds Chai Loveis,F: Oldenburg , Edwards, Jr, Rolland FO Wchbo Cha Joan J, R4sher July 18, 1968 RESOLUTION NO 4901 RR: ARMY RESERVE CENTER LEASE BY e:ULDINGS AND GROUNDS COMMITTEE - \ire Hursfall TO THE OAKLAND COUNTY BOARD OF SUPERVISORS MR, CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the Department of the Army desires to lease a certain ction of the County Service Center for an Army facility; and WHEREAS, your Committee has been negotiating with the Department of the Army to reach a suitable lease arrangement; and WeeSAS, an agreement has been reached to lease p cribed in the lease, a copy of which is hereto attached, for the con- struction and use of the Army Reserve Center for a term beginning July I, 1968 to and including June 30, 1993; and WHEREAS, your Committee recommends that the County approve and execute said lease, NOW THEREFORE BE IT RESOLVED that the Chairman and Clerk of this caro b e and they hereby are authorized to execute a lease between the Coe-ey of Oakland and the United States of America (Departmoet of the Army) a copy of said Lease being attached hereto and made a part hereof. MR. CHAIRMAN, on behalf of the Buildings and Grounds Committee, I move the adoption of the foreooing resolution. BUILDINGS AND GROUNDS COMMITTEE des- DEPARTMENT OF THE ARMY CORPS OF ENGINEERS LEASE NO. 4) ACA232...•...52_-_6_8_ r_624, _ _ KtairtraC. Itarth._.Central_ _______ m;ViSION Chicago ra:simer LANb LEASt BETWEEN COUNTY OF OAKLAND, A Michigan Const utional Corporation AND THE UNITED STATES OF AMERICA 1. THIS LEASE, made and entered into this 1st day of July in the year one thousand nine hundred and sixty -eight, by and between the County of Oakland, A Michigan Constitutional Corporation, (Telephone Area Code 313 Nuthber 335-2831) AoSe address:is 126o :.North Teiegposd Pontiac, Michigan - •' - • and whose interest in the property itereina' fter es'urir bdit is Mil of for itself and its Ittirs-,--fxeculors, ratan successors, and assigns, hereinafter called Lessor, and THE UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 2. The Lessor hereby leases to the GO vernment the following described premises, viz: All that parcel of land situated in Section 24, Township 3 North, Range 9 East, Michigan Meridian, Waterford Township; Oakland County, Michigan, more particularly described as follows : Commencing at the Southeast corner of the Northwest quarter of said Section 24 (Center Post); thence North 89 ° 50 9 30" West, a distance of 163.35 feet to a point at the junction GZ the centerline of Watkins Lake Road with the centerline of Pontiac T.,ead; tbjce 1Z(...rth 44°,5„7* 3,6" West, along the 0 centerline of Watkins Lake 'Load a diStance of 96274 feet; thence North 45 02° 24" East, a distance of 60 feet to the point of beginning: Thence North 44 ° 57 9 36" West, a distan of Q0 ft. thence North 45 ° 02 * 24" East, a distance of 550 feet; thence Sonth 44 ° 57 * 36" EaSt, a distance of 300 feet; thence South 45 0 02 * 24" West, a distance of 550 feet to the point of begin- ning; said parcel of land containing in all 3.80 acres, more or less, and shown on Exhibit "A" attached hereto and incorporated by reference. to be used for the following purpose: construppiori and use of a U. S. Army Reserve Center. BO FORM 102 6 mAy Ni MAY DE 1 DEC 62 U J USED 1.11`41fL EXHAUSTED (Wil 405-1-660) 1 'WPOR8 4, The GoverOnent:han pay the Lessor rent at the f.ollolcing. rate; , ON Z ($1.00) 1)91.1.41RP-er 8. TO HA VE AND TO HOLD the said premises for the term beginning 1 July 1968 , through June 30, 1969, provided that unless and until the Government shall give notice of termination in accordance with provision 6 hereof, this lease shall remain in force there- af ter from year to year without further notice; provided further that adequate appropria- tions are available from year to year for the payment of rentals; and provided further tha.1 this lease shall in no event extend beYOnct. 30 ..„7,1,me,-)199-3.. := - 5: Tib'Go7,,ernment shall' have the right, during the (exist'encc Of this lease to attach . tur8s, and creel structures or signs,' in or upon the:Premises hereby leased, which fixhire,s and structures, or signs, so placed in, upon or attached to the said premises shall be and remain the property of the Government and may be removed or otherwise disposed of by the, Government. ninety (90) 6. The Government may terminate this lease at any time by giving thirty--(-8--days notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. 7. Any notice under the terms of this lease shall be in writing signed by a duly autlror- iced representative of the party giving such notice, and if given by the Government shall be addressed to the Lessor at 1200 North Telegraph Road, Pontiac -; Michigan 46057; and if given by the Ussor shall he addres,sed to the District Engineer, Chicago District Corps of Engineers, 20 South Dearborn'Street, Chicago, Illinois 60604. 8. „, The Lessor warrants that no, person or 8,e.apng agency .7-14s been entPloYed or rciainea lu .w.dieit' or secure this lease upon an agreement or undc,.44 .wijng for a commission, perecia- age, brokerage, or contingent fee, excepting bona fide onplo2;ec..s or bona fide established com- mercial or selling agencies maintained by the Lessor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this lease without liability or in its discretion to deduct from the lease price or consideration the fall amount of such commission, percentage, brokerage, or contingent fee. 9. No Member of or Delegate to Congress or.,Resident C9mmissioner shall be admitted to o uy share or part of this tease or to any benefit that May arise therefrom, but this provision sh oil not be construed to extend to this lease if made with a corporation for its general benefit. 10. (a) The Gooernment vain, by written notice to the Lessor, terminate the right of the Less() to proceed under this lcvse if it is found, after notice and hearing; by the Secretary of the tirmlf 0 .r his dillY re2»'esentative, that gratuities (in the form of entertainment, gifts, or othowise) were offered or given by the Lessor, or any agent' or r.epresentative of the Lessor, to any officer or employee of the Government with a view toward securing a ied.,,e or securing treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing, of such lease; provided, that the existence of 2 -7MS 114E6 4440ss Mime Address E. ,UNITED ,STATE•O-F; -AMEtICA4. fads upon which the Secretary of the Army or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court. (1.)) In the event this lease is terminated as provided in paragraph (a) hereof, the Gov- ernment shall be entitled (i) to pursue the same remedies against the Lessor as it could pursue in the event of a breach of the lease by the Lessor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law ) to exemplary damages in an amount (as determined by the Secretary of the Army or his duly -authorized representative) which shall be not less than three nor more than ten times the costs incurred by the Lessor in providing any such gratuities to any such officer or employee. (c) The rights and remedies of the Government provided in this clause shall not be exclu- sive, and arc in ad.dition, to any other rights and remedies provided by law or under this lease. ll. Unless construction by the Government has commenced by 31 August 1969, this lease shall automatically terminate without further notice. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first aboue written. In presence of: COUNTY OF OAKLAND, A Michigan Constitutional Corporation (SEAL) LeNaor. TLTLE LESDR IS A CO RP,ORAT.1,21\1, ,THE_FOLLQINING CERTIFICATE SHALL BE EXECUTED BY THE SECRE- TARY OR ASSISTANT 'BCRETARY.)" ceit ify I an t:iz naidtid ai Less6rn ihe attached lease) triai lease On behalf Of the Lessor, vas then said ldase wa duly Signed 1694 and .in'betiaif of said co'llN body) and 'Vs within the scopa of it eorporOe ,powens. Vcretarv of the corporation, whp signed said of said 'corporation; that its governing (CORPORATE) SEAL 11. 5 GOV[ 555 Ps NTfl[otroie oratzon by -authority o - 3 12. The Government shall have the right, during the existence of this lease, to make alterations, attach fixtures and erect structures, in or upon the premises hereby leased, which structures shall be and remain the property of the Government, and may be removed prior to the expiration of this lease. The Lessor may, upon not less than thirty .(30) days' written notice to the Government, before termination of the lease, require restoration of the leased premises. In this event, prior to the expiration or termination of this lease, or prior to relinquishment of possession, whichever first occurs, the Govern- ment shall restore the premises -tO the same condition as that existing at the time of entering upon the same under this lease, reasonable and ordinary wear and tear and damage by the elements or by circumstances over which the Gov- ernment has no control' excepted, • 13. A joint physical survey and inspection report of the leased premises shall be made as of the effective date of this lease, reflecting the then pre- sent condition, and will be signed by thepartics hereto. 14. The Government shall have the right to connect to existing or contem- plated water -and/or sewer lines awned by the Lessor at the Government's expense. Joint_physical survey and-inspection report of the leased premises: An unimproved piece of land, covered by native grasses and sparse second7growth timber. _ I /7' '7 Invresence ofr-) 4 / (Witness. .7/63 C'obbleseone Drive t;kochester Michigan 48063 (Address of Witness) COUNTYOF OAKLAND /. J4-1 !-' / ,/j -c-L"---- Oayland County Clerk-Register of Deeds THE UNITED STATES OF AMERICA AUG 2, 7 190-. F..eal :Estate. Div$,FJon DEPARTMENT OF THE ARMY CORPS OF ENGINEERS . NORTH CENTRAL DIVISION Lease No. DACA23-5-68-624 Using Serv: Army Res. SUPpiRMENTAL AGREEMENT NO, 1 THIS SUPPLEMENTAL AGREEMENT, made and entered into this 15th day of June 1969 by and between COUNTY OF OAKLAND, A MICHIGAN CONSTITUTIONAL CORPORATION whose address is 1200 North Telegraph Road, Pontiac, Michigan for itself, its successors and assigns, hereinafter called the Lessor, and THE UNITED STATES OF AMERICA, hereinafter called the Government, WITEESSETH: WHEREAS, on the 1st day of July 1968, the Lessor and the Government entered into Lease No. DACA23-5-68-624 providing for the leasing of 3.80 acres of land more or less located in Waterford Township, Oakland County, State of Michigan, and WHEREAS, paragraph 11 of the lease provides that unless construc- tion by the Government has commenced by 31 August 1969, the lease shall automatically terminate without further notice, and WHEREAS, it is in the best interest of the Government and agree- able to the Lessor to extend the date now cited in said paragraph 11 NOW THEREFORE in consideration of the premises herein the said lease is amended in the following respects and these only effec- tive 1 July 1969. 1. Paragraph 11 is amended by deletinetherefrom "31 August 1969" and substituting "31 August 1970" in lieu thereof. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.