HomeMy WebLinkAboutResolutions - 1993.09.23 - 23916September 23, 1993
REPORT (Misc. #93190)
BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: CORPORATION COUNSEL - REAL ESTATE SECTION - RELOCATION
AND LEASE FOR 52ND DISTRICT COURT-3RD DIVISION PROBATION
DEPARTMENT - MISCELLANEOUS RESOLUTION #93190
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRPERSON, LADIES AND GENTLEMEN:
The Finance Committee, having reviewed Miscellaneous
Resolution #93190, reports with the recommendation that the
resolution be adopted with the attached amendments to the lease
(following Page 5), as submitted by the Office of Corporation
Counsel.
Mr. Chairperson, on behalf of the Finance Committee, I move
acceptance of the foregoing report.
FINANCE COMMITTEE
Hampstead Properties, East
(A Michigan Co-Partnership)
LEASE CHANGES
1.) Originally: ...as is designated on Exhibit A attached..."
Changed to: "...as designated on Exhibit A attached..."
9.) Originally: ....existing carpet at the Premises after the
date..."
Changed to: "...existing carpet at the Premises prior to
occupancy and also after the date..."
13.) Originally:
Changed to:
"Indemnification. Tenant shall at all times save,
defend, indemnify, and hold Landlord 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
form its negligent acts or omissions, its agents or
employees.
Landlord shall at all times save, defend, indemnify,
and hold Tenant 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 of Landlord,
its agents or employees."
"Indemnification. Landlord shall indemnify and save
harmless Tenant from and against any and all loss,
cost (including attorneys' fees), damages, expense
and liability (including statutory liability and
liability under workmen's compensation laws) in
connection with claims for damages as a result of
injury or death of any person or property damage to
any property sustained by...Landlord...a31
persons.. .which arise from or in any manner grow out
of any act or neglect on or in the leased Premises
by Landlord, Landlord's partners, agents, employees,
customers, invitees, contractors and subcontractors.
Tenant shall indemnify and save harmless Landlord
from and against and all loss, cost (including
attorneys' fees) , damages, expense and liability
(including statutory liability and liability under
workmen's compensation laws) in connection with
claims for damages as a result of injury or death of
any person or property damage to any property
sustained by...Tenant...all other persons.. .which
arise from or in any manner grow out of any act or
neglect on or in the leased Premises by Tenant,
agents, employees, customers, invitees, contractors
and subcontractors."
14.) Inserted: "Waiver of Subjugation. Landlord and Tenant agree
to exchange mutual waiver of subjugation from their
respective property insurance carriers."
All subsequent numbers changed accordingly
22.) Originally:
"...pay any increase, and 1993 will be the base
year."
Changed to:
23.) Originally:
...school funding as part of the common area
expense of this building."
Changed to:
...pay for any increase."
...school funding as part of its prorata share of
this building."
MONTHLY COST ANNUAL COST
$2,157
320
117
550
$3,144
$25,884
3,840
1,404
6,600
$37,728
$1,835
350
130
$2,315
V0/1q/Ua 13:18 FAX 313 452 2148
U002
52/3 District Court
Rochester Hills
Probation Department
PRESENT LEASE COST
MIDWAY OFFICE BUILDING
Suite size 1,399 sq. ft.
Rental Rate: $18.75/sq. ft.
Utilities:
Janitorial: $1.01/sq. ft.
Taxes: Included in Rental Rate
Other: Desks and telelphones
TOTAL COSTS
TOTAL COST/SQ. FT. = $37,728/1,399 sq. ft. = $26.96/sq. ft.
PROPOSED LEASE COST
HAMPTON OFFICE BUILDING
Suite size 1,493 sq. ft.
Rental Rate: $14.75/sq. ft.
Utilities:
Janitorial: $1.05/sq. ft.
Taxes: Included in Rental Rate
TOTAL COSTS
MONTHLY COST ANNIJAL COST
$22,020
4,200
1 560
$27,780
TOTAL COST/SQ. FT. = $27,780/1,493 sq. ft., - $18.61/sq. ft.
I:\LAVE\DIV-III\NEWPROB.SCH \
September 10, 1993 .
1853 ROCHESTER INDUSTRIAL COURT
ROCHESTER HILLS, MICHIGAN 48309
(313) 651-6035
Fax (313) 651-6014
Mr. Patrick D. Campbell
Oakland County
. One Public Works Drive
Waterford, Michigan 48328
09/10/93 16:14 FAX 313 851 6014 SU-DAN CO. f1001
14.7.itybeg 4 4mei4
Re: Hampstead Building Lease
Dear Mr. Campbell:
This is to confirm, our conversation regarding our willingness to reduce the rental
payment on a prorata share basis when thc school portion of the property taxes are
eliminated, but we would .also deem any special added business tax relating to funding
schooling as part of the common area expenses of the building.
Please call me with your questions. I will be out of town on Monday; September
13th.
Sincerely yours,
STEAD PROPERTIES
Richard G. Dryden
Property Manager
/dd _
HS523LSE.WPS
EDWARD J. HEINS
ARCHITECT
Vu
urr HUi\IDr\
101
1 2d
11
00.UAN. =-'09riAoE
f(5.5
IS°1
111
09/08/93 15:20 FAX 313 651 6014 SU-DAN CO. [2 0 0 2 / 0 0 4
124 ROCHDALE Dn;n/
ROCHESTER HILLS, MICHIGAN 48063
PHONE 651-6766
8245
Pozopc\.) 1) 76)
VA) C\--3 111
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15-26-301-015 WINTER
HAMPSTEAD PROPERTIES EAST
3179 SANDY CREEK
SHELBY TWP MI 48316
DATE; 2/14/9 2
RECEIPT NO; 17905 LG
DEPOSIT NO: 503
° ..-
. •
DESCRIPTION OWED PAID CODE
740,
1,525.96
.00
.00
.00
2,735.85
5,968.01
1,525.96
.00
.00
.00
2,735.05
5,968.01
10,229.82
.00
10,229.02
10,229.02
.00
1953
_
CITY OF ROC,HE7TE? FLIS
1000 ROCHESTER HILLS DR. ROCHESTER HlaS, MI 4B309 9 „
CURRENT S.E.V. 304000
880 COUNTY
895 COMMUNITY COLLEGE
916 INTEREST
998 SPECIALS
999 CITY TAXES
220 ROCHESTER SCHOOLS
TOTAL AMOUNT:
CASH AMOUNT:
CHECK AMOUNT:
TOTAL RECEIVED:
CHANGE TENDERED;
CHECK 0:
RECEIVED BY:
;
4 r
• _ °
I g1441
ti •
-
. 7
-
_ TREASURER/ LGARY
OW
OWED
663.81
326.34
.00
.00
.00
.00
5,903.33
!
(4I
-
CITY OF ROC ESTER Fo 7
1000 ROCHESTER HILS Dk„ • R0CHE3 "LLS, MI 48309
}}
15-26-301-013 SUMMER
HAMPSTEAD PROPERTIES EAST
3199 SANDY CREEK
SHELBY TWP MI 48316
DESCRIPTION
CURRENT S.E.V. 304000
880 COUNTY
605 COMMUNITY COLLEGE
915 PENALTY
916 INTEREST
998 SPECIALS
999 CITY TAXES
220 ROCHESTER SCHOOLS
TOTAL AMOUNT:
CASH AMOUNT:
CHECK AMOUNT:
TOTAL RECEIVED:
CHANGE TENDERED;
CHECK 0:
DATE: 8/24/92
RECEIPT NO; 21292 LO
DEPOSIT NO: 163
PAID
663.81
326.34
.00
.00
.00
.00
5.903.33
6,973.43
.00
6,973.48
6,973.40
.00
1911
CODE
. RECEIVED DY: TREASURER/ LOARY
December 2, 19 9 1
01/10/92
,---- •
r, I
353 1229
09
Proposed Tenant:
Building:
Property Manager:
Suite Number:
Suite Size:
Condition:
Rental Rate:
52-3 DISTRICT CT 0002
1949 ROCHESTER INDUSTRIAL DRIVE
ROCHESTER hILLS. MICHIGAN
(313) al-6o42
Residence (313) 739-3146
Fax 651-269
Mrs. Lynda Hammerstein
52nd District - 3rd Division Court
135 Barclay Circle Drive
Rochester Hills, Michigan 4830 7
RE: Midway Office Building Lease Proposal
Mrs. 1.1..merstein:
It was a pleasure showIng you and Debbie the vacant office space last week
at the Midway Office Building. It is my understanding that you intend to use the
space on a temporary basis for the Oakland County Probation Department. Per your
request, the following is our lease proposal.
Property Owner:
Security Deposit:
Oakland County
Midway Office Buildins
355 4arcIay Circle Drive
Reichester Fills, J. 48307
Midway Properties
lechigan Co-Partnership)
1949 Rochester Industrial Drive
Rochester Rills, Michigan 48309
R.G. Dryden & Associates
1949 Rochester Industrial Drive
Rochester Hills, Michigan' 48309
ATTENTION: Richard G. Dryden
313-651-6042
313-651-2627 FAX
Proposed Suite MO
1,399 square feet
The tenant will accept the suite In present condition.
1.8.50/square foot
$25,882.00/year
2,157.00/month
Not Required
Occupancy:
Landlord Responsibility:
Q003 .fl/10'92 12:30 V313 853 3277 52-3 DISTRICT CT
Tenant Responsibility:
Office Equipment &
Telephone System:
Security System:
Utilities:
Thirty (30) daps fro= lease signing.
-All outside of the building maintenance.
-Tenant use of the water.
—Real estate property taxes.
—Inside of suite H.V.A.C., plumbing, and electrical
repairs.
-The landlord shall maintain comprehensive general
liability insurance with respect to the premises,
at its expense, in at least the amount of one
million 00/100ths dollars ($1,000,000.00) combined
single it coverage per ccourance. The landlord
shall hold the tenant harmless per mutually agreed
upon conditions.
_Inside of the suite custodial maintenance.
_Personal property trves.
-Maintenance on the Inside and outside of the building
that are required due to acts pf the tenant or
their visitors.
-Provide tenant with en -appropriate insurance
certificate including such coverage as, tenant
leasehold improvements, office equipment, telephone
equipment, tenant's content and comprehensive
general liability insurance with respect to the
premises, at its expense, In at least the anoint
of one,million and 00/100ths dollars ($1,000,000.00)
combined single 14mit coverage per occuraace. The
tenant shall at all times hold the landlord harmless
per munuelly agreed upon conditions.
-All outside suite siraze.
All e4isting partitions, desks, and telephones are
available-at --monthly ientel -cos -E"of $550 ..00. The
tenantis responsible to connect the system at
the main terminal board.
There is a main intrusion security system available.
The tenant is responsible for the necessary costs
to activate and maintain the system.
The tenant shall arrange for-and pay for the
monthly Detroit Edison and Consumers Power
utility bills.
I am enclosing two (2) copies of the existing suite layout. We will have to close
off a portion of the west wall before you take occupancy.
Sincerely yours,
NIDWAY PR0PERTT7S
C. Dr.yderi
t1.2nIgIag Partner
RGD:lmb
DENNIS G. KEAT
Managing Partner
Dated: March .51992
County Executive
09/09/93 09:55 FAX 313 651 6014 SU-DAN CO. 10002/004
LEARF AGREEMENT
The COUNTY OF OAKLAND, a Michigan Constitutional Corporation, agrees to lease the
premises at Midway Office Building, Suite 110, 555 Barclay Circle Drive, Rochester Hills, Michigan, from
the property owner, LirY1A ?ROPERTIES, under the terms and conditions set forth in a Lease Proposal
dated December 2, 1991, which is attached hereto.
This Lease Agreement shalt commence upon March 1, 1992, and continue for the term
of one (1) year or until additional square footage is completed and ready for occupancy at 135 Barclay
Circle Drive, Rochester Hills, Michigan, whichever period of time Is lesser.
LESSOR
MIDWAY PROPERTIES
LESSEE
COUNTY OF OAKLAND
1:tLEASE152-3
LESSOR LESSEE
MIDWAY PROPERTIES COUNTY OF OAKLAND
DENNIS G. KEAT
Managing Partner
L. BROOKS PFTERSON
County Executive
09/09/93 09:56 FAX 313 651 6014 LEj VVY/ VVY SU-DAN Co.
ADDLDUM TO LEASE CRIFFMENT
The COUNTY OF OAKLAND, a Michigan Constitutional Corporation, agrees to lease the premises
at Midway Office Building, Suite 110, 555 Barclay Circle Drive, Rochester Hills, Michigan, from the
property owner, MIDWAY PROPERTIES, whose address Is 1949 Rochester Industrial Drive, Rochester
Hills, MI 48309, under the terms and conditions as set forth in a Lease Proposal dated December 2, 1991
and the Lease Agreement dated March 5, 1992, which are attached hereto.
This Addendum to Lease Agreement shall commence upon March 1, 1993, and shall continue on
a month to month basis, until additional square footage is completed and ready for occupancy at 135
Barclay Circle Drive, Rochester Hills, Michigan.
DATED: March ,1993
NG & BUILDING COMMITTEE - CHARLES E. PALMER, IRPERSON CHA
IN RE:
DIS
TION COUNSEL/REAL ESTATE SECTION: RELOCATION
(CURT- 3D DIVISION P•411:,TION DEPARTMENT
RPC) LEASE FOR 52ND AND
Building Committee, I ana
MISCELLANEOUS RESOLUTION 93190 Sept -r 9, 1993
0 • OAKLAND COUNTY
CHAIRPERSON, LADIES,
OF COMMISSIONERS,
WHEREAS, the County of Oakland is the control unit for the 52nd District
Court.; and
WHEREAS, the 52nd District Court, 3rd Division, is located at 135
Barclay Circle, Rochester Hills; and
WHEREAS, the 52nd District Court, 3rd Division, Probation Department is
presently leasing 1,399 S/F in the Midway Office Building located on . 'ton
Circle at a rate of $18.50 per S/F plus $550 a month for furniture and telephone
equipment; and
WHEREAS, the location of the Probation De.. -nt in the Midway Office
Building is some three buildings from the 52nd District Court, 3rd Division;
WHEREAS, a new lease agreement has been proposed to relocate the 52nd
District Court, 3rd Division, Probation Department to the Hampstead Properties
Office Suite which is adjacent to existing 52nd District Court, 3rd Division;
and
WHEREAS, the rental rate of $14.75 per S/F for 1,493 S/F has been
negotiated at the . i stead Properties Suite; and
WHEREAS, this Lease will run consecutively with the existing 52nd
District Court, 3rd Division Lease . expire on December 31, 1998; and
WHEREAS, the County Executive recommends the relocation and new lease
agreement for a savings of over $10,000 annually;
Now THEREFORE BE IT REsnr:VM that the Oakland County Board of
Commissioners authorizes the new lease agreement at the mstead Properties
Office Suite.
BE IT FURTHER RESOLVED that the S. and County Bo. • of Commissioners
directs its Chairperson to execute the lease agreement at the .1 m tead
Properties Office Suite for 1,493 S/F at the rate of $14.75 per S/F.
Mt. ChaL --rson, on behalf of the Planning
move the adoption of the foregoing resolution.
)stead Properties, East
ichigan Co-Partnership)
LELSE
This Lease is made and entered into as of the day of
, 1993, by and between Hampstead Properties, East, a Michigan Co-
Partnership, whose address is 141 Hampton Circle Drive, Suite 141, Rocheste -r
Hills, Michigan 48307, whose lousiness; address is 1853 Rochestefindustrial Cturt,
Rochester Hills, Michigan 48309 (hereinafter referred to as "Landlord", and the
COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200
N. Telegraph Road, Pontiac, Michigan 48341 (hereinafter referred to as "Tenant".
1. Leased Premises. landlord, in consideration of the rent to be paid
and the covenants to be performed by Tenant, does hereby lease unto Tenant, and
Tenant hereby rents framLaindaord, premises locatalat -.d Office Building,
141 Hampton Circle Drive, Suite 141, Rochester Mills, Michigan, containing
approximately 1,493 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 Lease shall commence upon the date of Occupancy and
Shall expire on -- 31, 1998.
3. Rent. From the commencement date of this Lease until the expiration
date, Tenant agrees to Fay to Landlord as fixed annual rent hereunder, Twenty-Two
qhcxisanol, Twenty-Two and 00/100 Dollars ($22,022.00) oer year (which is based on
a rate of Fourteen and 75/100 Dollars ($14.75) per square foot per year), which
sum shall be payable by Tenant to Landlord in equal consecutive monthly
installments of One Thousand Eight Hundred Fifteen and 00/1.120 Dollars ($1,815.00)
each, on or before the first day of each month, in advance, without any prior
demand therefore and without any deductions or setoffs whatsoever.
Should the term of this Lease commence on a day other than the first day
of a calendar month, then the rental for such month and the last month of the
term hereof Shall be prorated upon a daily basis based upon a thirty (30) day
calendar month.
4. Place of Payment. Payments due under this Lease from Tenant to
Landlord shall be paid at the address of Landlord set forth above, or at such
other place as Landlord may designate in writing.
5. Holding Over. In the event Tenant holds over after the expiration
of the term of this Lease without a written agreement between Landlord and Tenant
to extend the term of this Lease, the same Shall be construed to be a tenancy
from month to month on the same terms and conditions herein specified, so far as
applicable, except that the monthly rent to be paid by Tenant to Landlord shall
be equal to one hundred fifty percent (150%) of the monthly rent for the twelve
(12) months immediately prior to such holding over period.
6. Extension of Tern. If Tenant desires to continue to lease the
Premises after the expiration of the term of this Tease, Tenant Shall give
Landlord written notice of such desire at least six (6) months prior to the
expiration of the terra of this Lease; provided, however, that any such extension
of the term of this Lease Shall be upon terms and conditions then acceptable to
Landlord in its sole discretion.
7. occupancy. The Premises Shall not be used in violation of any law,
municipal ordinance, or regulation, and Tenant agrees to indemnify and hold
Landlord harmless from and against any loss, cost, liability or damage as a
resul'of any such violation.
8. Equipment and Furnishings. Tenant Shall provide, at its own
expense, all telephone systems, furniture and equiprent it deems necessary in
connection with its use and cccupancy of the Premises. Tenant shall be solely
responsible for the mainterarce and repair of all such property at its own
eXpenSe
9. Core of Premises. Tenant Shall keep the Premises in good repair,
wear and tear, from reasonable use and damage by the elements excepted. Landlord
agrees to (a) repaint all interior walls at the Premises and (b) either recarpet
or clean the existing carpet at the Premises after the date five (5) years after
the commencerant date of this Lease, if the same is necessary.
10. Compliance with Law. Landlord agrees, at its own expense, to
promptly comply with all applicable federal, state and municipal laws and
regulations affecting the Premises, including any barrier-free requirements. If
Landlord fails to comply with such laws and regulations, Tenant ray give Landlord
written notice of its intent to quit the Premises upon the date one hundred
eighty (180) days after Landlord's receipt of such notice in the event Landlord
does not comply with such laws and regulations within such one hundred eighty
(180) day period. If Landlord complies with such laws and regulati.:::s within
such one hundred eighty (180) day period, Tenant shall not have the rige to quit
the Premises.
11. Destruction of Premises. In the event the Premises are partially
or totally damaged or destroyed by fire or other insured casualty not the fault
of Tenant, the damage to the Premises shall be promptly repaired or rebuilt by
Landlord, unless Landlord shall elect not to rebuild as hereinafter provided, and
the rent payable by Tenant hereunder Shall be reduced in proportion to the
fraction of the Premises rendered untenantable until the Premises are repaired
or rebuilt. In no event shall Landlord be required to repair or replace any
property of Tenant. In the event the Premises cannot be repaired or rebuilt
within one hundred eighty (180) days after such destruction, Tenant shall have
the right to termirote this Lease and vacate the Premises upon written notice to
Landlord after the expiration of such one hundred eighty (180) day period. If
more than thirty-five percent (35%) of the Preais are damaged or destroyed by
such casualties as aforesaid, Landlord say elect o either repair or rebuild the
Premises or to terminate this Lease by giving written notice thereof to Tenant
within ninety (90) days after the occurrence of such damage or destruction.
12. 1",.7.:-:,:r.,f.Lse. Landlord shall maintain comprehensive general liability
insurance with respect to the Premises, at its expense, in at least the amount
of One Million and 00/100 Dollars ($1,000,000.00) combined single limited
coverage per occurrence. Tenant shall be an additional named insured on such
policy, and Landlord shall provide Tenant with an appropriate certificate of
insurance evidencing such insurance coverage as aforesaid. Tenant Shall maintain
comprehensive general liability insurance with respect to the Premises, at its
expense, in at least the amount of One Million and 00/100 Dollars ($1,000,000.00)
combined single limit coverage per occurrence. In addition to the foregoing,
Tenant Shall also maintain a policy of fire and casualty insurance covering
Tenant's contents therein.
13. Indemnification. Tenant shall at all tines save, defend, indemnify,
and hold Landlord harmlees 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 its negligent acts or omissions,
its agents or employees.
Landlord shall at all times save, defend, indemnify, and hold Tenant
harmler-Is 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 of Landlord,
its agents or employees.
14. Repairs. Landlord shall maintain and keep in good repair the roof,
ceilings, walls, floors, foundations, electrical systems, plumbing, sidewalks,
and exterior glass at the Premises. Landlord shall maintain the heating and
cooling systems at the Premises, including all general maintenance and all
repairs.
15. Alterations or Improvements. Tenant shall not make alterations or
improvements whatsoever to or upon the Premises without the prior written consent
of Landlord. Any alterations or improvements made upon the Premises shall become
an integral part of the Premises and shall become the sole property of Landlord
immediately upon the completion thereof, unless otherwise agreed to in writing
by the parties hereto.
16. Security. Tenant hereby acknowledges that during the term of this
Lease, Landlord shall have the right to have keys for access to the Premises and
the Landlord shall have the right to obtain such keys from Tenant upon written
request therefor. In the event Landlord obtains such keys from Tenant, Landlord
shall use such keys only for the purpose of inspecting, repairing and/or
maintaining the Premises. Landlord agrees to provide lighting for the exterior
of the Premises, including parking areas directly adjacent to the Premises, in
an adequate manner consistent with other similar office buildings in the
metropolitan Detroit area.
-2-
17. Access. Tenant shall allow Landlord access to the Premises during
regular tusiness hours for the purposes of inspecting, repairing and/or
maintaining the Premises; provided, ho5,ever, that Landlord shall use its Lest
efforts not to disrupt the usual cperations of Tenant at the Premises. In
addition to the foregoing, Tenant shall allow Landlord access to the Premises at
any time in the event of an emergency. Prior to the commencement date of this
Lease, Tenant agrees to provide Landlcariwithwritten notice indicatingthenare,
address and telephone number of Tenant's representativeewhowill provide Landlord
with access to the Premises in emergency situations.
18. Signs. Tenant may attach, install or erect such signs on the
inteH.'sr walls of the Premises as may be necessary in connection with the conduct
of Tenant's usual business at the Premises. Tenant may not attach, install or
erect any signs whatsoever on the exterior walls of or the area surrounding the
Premises without the prior written approval of Landlord and the City of Rochester
Hills as to the form, content, material, lighting, and structure thereof.
19. Assignment. Tenant will not assign, sublet, or in any manner
transfer this Lease or any estate or interest therein without the prior written
consent of Landlord. Notwithstanding the foregoing, in the event the State of
Michigan, by the proper action of its legislature, take over and assume
responsibility for the State of Michigan District Court system, the County of
Oakland may assign its interest in this Lease to the State of Michigan, who shall
assume all of the liabilities and obligations of Tenant under this Lease.
20. Utilities. Tenant Shall be solely responsible for and promptly pay
all charges for gas, heat, electricity, light, air conditioning, telephone,
janitorial service, and any other utility used upon or furnished to the Premises.
Landlord agrees to provide utility service lines into the Premises and separate
meters for all utilities used upon or furnished to the Premises.
,21. Parking. Landlord agrees to provide sufficient parking to satisfy
the requirements of the City of Rochester Hills as of the date hereof, but in no
event less than four (4) dedicated spaces.
22. Taxes. Property taxes are included in the rental price, Tenant
agrees to pay for any increase, and 1993 will be the base year.
23. Services. Landlord agrees to provide, at its expense, trash
removal, snow and ice removal from sidewalks, steps, and parking areas, parking
lot maintenance, and lawn care services.
24. Eminent Domain. If the whole of the Premise shall be taken by any
public authority under the power of eminent domain, then the term of this Lease
Shall cease as of the day possession Shall be taken by such public authority.
If less than the whole, but more than thirty-five percent (35%) of the Premises
shall be taken by any public authority under the power of eminent domain, then
either party hereto shall have the right to terminate this Lease by written
notice to the other within thirty (30) days after the day possession shall be
taken by such public authority, in which event neither party hereto Shall have
any further liability or obligation hereunder. In the event neither party elects
to terminate this lease, the lease term Shall cease only on the part so taken as
of the day possession shall be taken by such public authority and thereafter, the
fixed annual rent hereunder shall be reduced in proportion to the amount of the
Premises taken.
25. Quiet Enjoyment. Upon payment by Tenant of the rents herein
provided, and upon the observance and performance of all of the terms,
conditions, and covenants required of Tenant hereunder, Tenant shall peacefully
and quietly hold and enjoy the Premises for the term of this Lease without
hindrance or interruption by Landlord or any person legitimately claiming by,
through or under Landlord, subject, nevertheless, to the terms aid conditions of
this Lease.
26. Right to Re-Enter. In the event:Tenant Shall fail to pay any rental
or other charges due hereunder within ten (10) days after the same is due, or
shall fail to perform any of the ether terms, conditions, or covenants of this
Lease for more than thirty (30) days after written notice of such default by
Landlord to Tenant, or if Tenant shall abandon or vacate the Premises, then
Landlord, besides any other rights or remedies it ray have, Shall have the right
to declare this Lease terminated and the term ended and/or shall have the right
of re-entry and ray remove all persons and property from the Premises and store
such property in a public warehouse or elsewhere at the cost of Tenant, without
evidence of notice or resort to legal process and without, being deemed guilty of
trespass, or becoming liable for any loss or damage which may be occasioned
thereby,.
-3-
27. Right to let. Should Landlord elect to re-enter, as herein
provided, or should it take posseseionpursuaet to legal prcceedings or pursuant
to any notice provided for by lew, it may either terminate this Lease or it may
from time to tire, without ternLtjng this Ipagp, make such alterations and
repairs as ray be . • order to relet the Premises, and relet the
Premises or any part thereof for such term or terms and at such rental or rentals
and upon such other terms and conditions as Landlord in its sole discretion may
deem advisable. All rentals received by Landlord from any such neletting Shall
be applied first to the paynent of any indebtedness other than rent due hereunder
from Tenant; second, to the payment of any costs and expenses of such reletting,
including, brokerage fees, attorneys' fees, and the costs of alterations and
repairs; third, to the payment of rent and other charges due and unpaid
hereunder; and the residue, if any, Shall he held by Landlord and applied in
payment of any future rent as the sere may become due and payable hereunder. If
the rentals from any such reletting during any month are less than that to be
paid during that month by Tenant hereunder, Tenant Shall pay such deficiency to
Landlord on a monthly basis. No such re-entry or taking possession of the
Premises shall be construed as an election to terminate this Lease unless a
written notice of termination be given to Tenant or such termination be decreed
by a court of competent jurisdiction. Notwithstanding any such reletting without
termination, Landlord may at any time thereafter elect to terminate this Lease
for such previous breach. Should Landlorl at any time terminate this Lease for
any breach, in addition to any ether -.e7-dce it may have, it nay recover from
Tenant all damages it may incur by reason of' :;ach breach, including the cost of
recovering the Premises, reasonable attorneys' fees, and including the worth at
the time of such termination of the excess, if any, of the amount of rent
reserved, in this Lease for the remainder of the stated term over the then
reasonable rental value of the Premises for the remainder of the stated term, all
of which amounts shall be imnrdiately due and payable from Tenant to Landlord.
28. Legal Expenses. In case suit Shall he brought for recovery of
possession of the Premises, for recovery of rent or any other amount due under
this Lease, or because of the breach of any other term, condition, or covenant
of this Lease on the part of Tenant to he kept or performed, and a breach shall
he established, Tenant Shall pay to the Landlord all expanses incurred therefor,
including a reasonable attorney's fee.
29. Liens. Tenant covenants and agrees that it will not permit any
liens or encumbrances of any kind or nature whatsoever to attach to the Premises,
any leasehold improvements at the Premises or Tenant's interest in this Lease by
reason of any act or omission of Tenant or any party claiming by, through, or
under Tenant.
30, Modifications. This Lease ray be modified or amended only by the
written agreement of Landlord and Tenant.
31. Governing Law. This TPSP. shall be interpreted under and governed
by the laws of the State of Michigan.
32. Severabilitv. If any provisions of this Lease, on the application
thereof to any extant be invalid or unenforceable, the remainder of this Lease,
or the application of such provision to the parties or circumstances other than
those to which it is invalid or unenforceable, Shall not be affectedthereby, and
each provision of this Lease shall be valid and enforceable to the fullest extent
permitted by law.
33. Waiver. One (1) or more waivers of any covenant, condition, or
agreement by Landlord Shall not be construed as a waiver of a subsequent breath
of the same covenant, condition, or agreement. No breath of a covenant,
condition, or agreement of this Lease shall be deemed to have been waived by
Landlord unless such waiver be in writing signed by Landlord.
34. Entire Agreement. This Lease and the Exhibits attached 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.
35. Binding-Effect- The terms and conditions of this Lease shall be
binding and Shall inure to the benefit of the parties hereto arid their respective
heirs, representatives, successors, and assigns; provided, however, that no
rights Shall inure to the benefit of any assignee ofTenanteunless the assignment
to such assignee has been approved by Landlord in writing as provided in
Paragraph 19 hereof.
36. Use of Words. The pronouns and relative words herein used shall be
read interchangeable in masculine, feminine, or neuter, singular or plural, as
the respective case may be.
37. Notice. Any notice or other carmunication required or desired to
he given hereunder Shall be deerPd to have been sufficiently given for all
purposes if delivered personally to the party to whom the same is directed, or
if sent by registered or certified mail, postage and charges prepaid, addressed
to the address of such party as set forth above. Any notice which is served
personally Shall be deemed to be given on the data on which the sare is actually
served, and any notice which is sent by mail shall be deemed given two (2) days
after the sore is deposited in a regularly maintainEmil receptacle for the deposit
of United States mail, addressed as provided in the imeddately preceding
sentence. Any party may Change its address for purposes of this Lease by giving
notice thereof in the wanner hereinbefore provided for the giving of notices.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the
day and year first above written.
WITNESSES:
HAMPSTEAD OFFICE BUILDING,
a Co-Partnership
BY:
It's President
"Landlord"
COUNTY OF OAKLAND,
a Michigan Constitutional Corporation
BY:
, Chairperson
Oakland County Board of Commissioners
"Tenant"
STATE OF MECHIGAN
) ss
COUNTY OF OAKLAND
The foregoing instrument was acknowledged before me this day
of , 1993, by
, Notary Public
Oakland County, Michigan
My Corinission Expires:
STATE OF Mal-EGAN )
) ss.
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before re this day
of , 1993, by , the Chairperson of the Board
of Commissioners of the COUNTY OF OAKLAND, a Michigan Constitutional Corporation,
on behalf of the Corporation.
, Notary Public
Oakland County, Michigan
My Commission Expires:
September 23, 1993
FISCAL NOTE (Misc. #93190)
BY: FINANCE COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: CORPORATION COUNSEL - REAL ESTATE SECTION - RELOCATION
AND LEASE FOR 52ND DISTRICT COURT-3RD DIVISION PROBATION
DEPARTMENT - MISCELLANEOUS RESOLUTION #93190
TO: Oakland County Board of Commissioners,
Mr. Chairperson, Ladies, and Gentlemen:
Pursuant to Rule XI-G of the Board, the Finance Committee has
reviewed Miscellaneous Resolution #93190 and finds:
1) The 52nd District Court 3rd Division, Probation
Department is presently leasing 1,399 sq. ft. in the
Midway Office Building located on Hampton Circle, at a
rate of $18.50 per sq. ft. plus $550 per month for
furniture and telephone equipment.
2) The location of the building is approximately three
buildings from the 52nd District Court 3rd Division.
3) A new lease agreement has been proposed to relocate the
52nd District Court Probation Department to the Hampstead
Properties Office Suite, which is adjacent to the
existing 52nd District Court 3rd Division.
4) A rental rate of $14.75 per sq. ft. for 1,493 sq. ft. has
been negotiated at the Hampstead Properties Suite.
, 5) The new lease will run consecutively with the existing
52nd District Court 3rd Division and expire on December
31, 1998,
6) The new lease will result in a savings of approximately
$10,000 annually, beginning in 1994.
FINANCE CO14MITTE
' at:
\
I:\LAVE\DIV-III\RELOCATE.FN
v‘`
1.) Originally:
Changed to:
9.) Originally:
Changed to:
13.) Originally:
Changed to:
Resolution #93190 September 23, 1993
Moved by Palmer supported by Schmid the Finance Committee Report he accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Schmid the resolution be adopted.
Moved by Palmer supported by Schmid the resolution be amended to coincide with
the amendment recommended in the Finance Committee Report, as follows: In the
Hampstead Properties, East (A Michigan Co-Partnership) LEASE CHANCES:
...as is designated on Exhibit A attached..."
...as designated on Exhibit A attached..."
"...existing carpet at the Premises after the date..."
...existing carpet at the Premises prior to occupancy and
also after the date..."
"Indemnification. Tenant shall at all times save, defend,
indemnify, and hold Landlord 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 form its negligent acts or omissions, its agents
or employe-:s.
Landlord s!-;11 at all times save, defend, indemnify, and
hold Tc , hirmless 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 of Landlord, its
agents or employees."
"Indemnification. Landlord shall indemnify and save
harmless Tenant from and against any and all loss, cost
(including attorneys' fees), damages, expense and
liability (including statutory liability and liability
under workmen's compensation laws) in connection with
claims for damages as a result of injury or death of any
person or property damage to any property sustained
by...Landlord...all persons.. .which arise from or in any
manner grow out of any act or neglect on or in the leased
Premises by Landlord, Landlord's partners, agents,
employees, customers, invitees, contractors and
subcontractors.
Tenant shall indemnify and save harmless Landlord from and
against and all loss, cost (including attorneys' fees),
damages, expense and liability (including statutory
liability and liability under workmen's compensation laws)
in connection with claims for damages as a result of
injury or death of any person or property damage to any
property sustained by...Tenant...all other persons. ..which
arise from or in any manner grow out of any act or neglect
on or in the leased Premises by Tenant, agents, employees,
customers, invitees, contractors and subcontractors."
14.) Inserted: "Waiver of Subjugation. Landlord and Tenant agree to
exchange mutual waiver of subjugation from their
respective property insurance carriers."
ALL SUBSEQUENT NUMBERS CHANGED ACCORDINGLY
22.) Originally: "...pay any increase, and 1993 will be the base year."
Changed to: "...pay for any increase."
"...school funding as part of the common area expense of
this building."
Changed to: "...school funding as part of its prorata share of this
building."
23.) Originally:
Resolution #93190 (continued) September 23, 1993
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Miltner, Moffitt, Oaks, Palmer, Pernick, Powers, Price, Schmid, Taub,
Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Jensen, Johnson,
Kaczmar, Kingzett, Law, McCulloch. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended, 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 September 23, 1993 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 23 rd.day of September, 1993
Lynn D. Allen, County Clerk