HomeMy WebLinkAboutResolutions - 1969.10.02 - 19470MR, CUCTP:44 ..N, LADIES AND GENT
the State of Michigan; and V
ded, created ct 154 1 the 7ublic Acts of 19
?:1:11,PF. BE IT RI,Ifi.737) that the County of C13: 5
CL .!:nd County, Mich:1
Lv15i•7 of the .52n
Octobe .:: 2, 1969
RESOLUTION No, 5139
LY.AS3 FROM :NRENC.f& TOWNSHIP FOK
52N17.) DISTRICT ,,c1URT, 2ND DIVIE;TON
BY : 1:717 Tf.jin 2aNING AND BUILDIN COmMITTEZ M r 0 I son
TO THE OAKT_A:ND ITC13TqTY BOARD OF RVISORS
RE.2
County of Oakland is the control unit for the 52nd
ttE: County as the cor
facilities for the District Court; and
WPERS, the Township of
17
znce has agreed to lease, suit-
able facilities to the County for the use of the Secouid Division of
the 52nd District Colt; and
T,A734.E.RE.A. , the lease is for a pe::iod of five (5) years
January 1, 1970 at an,.TInual rental of $4,840.00 for 2200 squ
at $2.20 per square foot.
witY t.. f the 7.se which is attal,,,d hereto and made a part
hereef, from Township nf Independence,
certain faciiiite. to j.or the
District Court ol (:,akin(i County; and that the Chairman and Clerk of
this Board be and they are hereby autbm7i74 t. .ec.ute such lease on
behalf of the County of Oakland
MR, C1W!:,WAN, on behalf of the IY.19, Zoning and Building
the foreq resolution. ttee I move th,:,
4,1.uxanc,;r C inoff
PLANNING, ZON .:(NG AND BUT 7r)MITTEE
Moved by Olson supported by O'Brien the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
THIS LEASE MADE AND EXECUTED this 'T-,/ day of
I!
LEASE
1969, by and between the Township of Independence, Oakland County
Michigan, a Michigan constitutional corporation, hereinafter
referred to as the TOWNSHIP, and the County of Oakland, a
Michigan constitutional corporation, hereinafter referred to as
the COUNTY:
WITNESSETH:
WHEREAS, the COUNTY desires to acquire the use of a
Township building to house the District Court for the 52nd
District, Second Division, Oakland County, Michigan, including
courtroom, offices, and the incident court facilities, and the
! TOWNSHIP is willing to lease the annex building, excluding the
basement, of the Township Hall at 90 North Main Street, Clarkston
Michigan; and
WHEREAS, the site for said building is upon. the eastern
portion of land now known as the Township Hall premises of the
TOWNSHIP and upon which site the said building will be altered
in accordance with Plans prepared by the County's Facilities
Engineering Division, a copy of which is marked Exhibit A
attached hereto and made a part hereof;
IT IS THEREFORE, AGREED BY AND BETWEEN THE PARTIES HERETO,
for and in consideration of the agreement and covenants of each
other and moneys to be paid as rental, as follows:
In consideration of the rentals and other terms
and conditions herein specified, the TOWNSHIP
does hereby let and lease to the COUNTY the
building to be altered and the site upon which
1.
We are sending you (copy, impieB) of the following: 1
Very truly
Facilitie
_ours,
trl„gineering Division
7%t7' P.E. . Dziurma
OAKLAND COUNTY BOARD OF AUDITORS
DEPARTMENT OF FACILITIES AND OPERATIONS
Facilities Engineering Division
1200 N. Telegraph Road
Pontiac, Michigan 48053
Phone 335-2831
To: County Clerk Date: November 7, 1969
Re: District Courts
Project 68-17
Final approved lease for the 2nd Division, 52nd District
Court, Independence Township.
For your:
approval resubmission
correction X files
information
Comments: Should be kept for records.
use
1
t i
it
it is located: TO HAVE AND TO HOLD for a term
commencing on the 1st day of January, 1970, and
ending on a day five (5) years from the date of
commencement,
2. The annual rental to be paid by the COUNTY shall
he $2.20 p,,er square foot, Payable on the first
day of January, 1970, and quarterly each quarter
thereafter or on a prorated basis agreeable to
both parties.
3. The TOWNSHIP, at its own expense during the term
of the within Lease, shall maintain and keep in
repair the building and site, which shall be
deemed to include light, water, heat and other
utility services, cleaning janitorial and care-
taker services, insurance premiums for fire and
extended coverage except telephones.
4. The COUNTY, at its own expense, shall provide the
alterations shown in the Plans marked Exhibit A,
which includes a central air conditioning system,
a new roof, new interior partitions, and a new
electrical service.
5. The COUNTY, also at its own expense, shall furnish
such furniture and incident furnishings and equip-
ment, as it deems advisable, and which shall be
.maintained and repaired by the COUNTY and remain
in its ownership and possession. The COUNTY
will provide carpeting, drapes, and built-in items
as provided for in Exhibit A.
11
- 3 -
6, The COUNTY covenants and agrees that it will not
permit the use of the leased premises in any manner
that will substantially increase the rate of
insurance thereon, or for any purpose that will
result in a violation of local, state or federal
laws, rules or regulations, now or hereafter in
force and applicable thereto, and shall keep the
TOWNSHIP harmless and indemnified at all times
against any loss, cost, damage or expense by reason
of any accident, loss, casualty or damage resulting
to any person or property through any use, misuse,
or non-use of said premises, or by reason of any
act or thing done or not done, on, in or about said
leased premises or in relation thereto,
7. If the COUNTY is required to remove the 2nd Division
of the 52nd District Court to another municipality
in said District during the term of this Lease,
the TOWNSHIP shall retain possession and use of the
leased building at no cost; and the COUNTY rental
cost shall terminate as of the day of vacating, the
leased. building.
8. The TOWNSHIP, its agents or employees, shall have
the right at all times of entering upon the leased
premises for the purpose of inspecting said pro-
perty and determining whether all of the terms,
agreements, covenants and conditions herein
contained are being complied with
TOWNSHIP OF INDEPENDENCE, a
Michigan Constitutional
Corporation
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation WITNESS:
By
.7n airmail
- f7nnlV7Allen, Clark of i
Bard of Supervisors
.$
1'
- 4 -
9. The TOWNSHIP shall have the right of terminating
this Lease upon giving the COUNTY 120 days notice
of termination in writing to the County Clerk,
The TOWNSHIP will reimburse the COUNTY for a
proportionate share of the alteration cost
expended which will be determined by spreading
the entire cost of alterations over the 5-year
term of this Lease, and reimbursing that portion
of the cost proportionate to the time remaining
in the Lease at the date of termination.
IN WITNESS WHEREOF, the said Township of Independence,
Oakland County, Michigan, by its Township Board and the County
of Oakland, 'Michigan, by its Board of Supervisors, have each
caused its name to be signed to this instrument by its duly
authorized officers and its seal to be affixed hereto the day
and year first above written.
This Lease has been executed in duplicate.
In the presence of:
Notary Public, Oakland County, Michigan
My Commi,ssion expires:
STATE OF MTCHIgAN)
COUNTY OF OAKLAND)
On this day of 9 ;z" 1 , before me,
a Notary Public in and for said County, personally appeared
Charles B. Edwards, Jr., and Lynn D. Allen who, being by me
duly sworn, did each for himself say that they are the Chairman
and Clerk of the Board of Supervisors ofthe County of Oakland,
the corporation named in and which executed the within Lease,
and that said Lease was signed and sealed on behalf of said
County of Oakland by authority of its Board of Supervisors by
Miscellaneous Resolution No. ..471 17 7 dated .
and the said Charles B. Edwards, Jr., and Lynn D. Allen
acknowledge said Lease to be the free act and deed of said
corporation,
STATE OF MICHIGAN)
(ss
COUNTY OF OAKLAND)
• 1, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that..1 have compared the annexed copy of
Resolution #5199 adopted at the October 2, 1969 meeting of the Oakland
County Board of Supervisors
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 Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Mich
this 2nd day October 19 69 of
Lynn D. Allen Clerk
By Deputy Clerk