HomeMy WebLinkAboutResolutions - 1994.04.14 - 23956.11
MISCELLANEOUS RESOLUTION #94074 DATE: March 24. 1994
BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT, REAL ESTATE SECTION -
EXTENSION OF LEASE FOR 52ND DISTRICT, 4TH DIVISION COURT
FACILITIES IN THE CITY OF TROY
TO: OAKLAND COUNTY BOARD OF COMMISSIONERS,
MR. CHAIRPERSON, LADIES, AND GENTLEMEN:
WHEREAS, the County of Oakland is the control unit for the 52/4
District Court; and
WHEREAS, the 52/4 District Court is presently located in the City cf
Troy Municipal Building; and
WHEREAS, the current lease for the 52/4 District Court facilities
expired on the 29th of February, 1994; and
WHEREAS, the City of Troy and the County of Oakland desires to extend
this lease on a month to month Lease under the terms and conditions as set
forth in the original 1985 lease, at an annual rate of $75,668.00 plus
adjustments upward or downward to reflect changes in the City of Tray's
cost of labor, supplies, utilities, and insurance.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the extension of the Lease for the 52/4 District
Court with the City of Troy on a month to month Lease under the same terms
and conditions as originally set forth in the 1985 Lease between the City
of Troy and the County of Oakland.
BE IT FURTHER RESOLVED that the Board of Commissioners directs its
Chairperson to execute the necessary documents to extend this Lease.
Mx. Chairperson, on behalf of the Planning and Building Committee, I
move the adoption of the foregoing resolution.
THIRD EXTENSION OF LEASE
This Lease Extension is made this 1st day of March, 1994, between the
City of Troy (the "Lessor") and the County of Oakland (the "Lessee").
It is agreed by the parties that the Lease Agreement dated the 21st
day of February, 1985, for the term of March 1, 1985, through February 28,
1994, for the 52nd Judicial District Court, 4th Division, is hereby
extended on a month to month Lease beginning March 1, 1994.
It is further agreed that all terms and conditions as set forth in
the Original lease are continued in full force and effect, including the
rental rate and annual adjustments which shall be effective as of March 1
in the years 1994 and 1995.
WITNESSES: CITY OF TROY
By:
By:
COUNTY OF OAKLAND
By:
Its:
Oakland County Board of
Commissioners
.r.r.womm 0
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---nnImMemPln
L. BROOKS PATTERSON, OAKLAND COUNTY EXECUTIVE
COUNTY MICHIGAN
DEPARTMENT OF FACILITIES MANAGEMENT David W Ross, Director
REAL ESTATE SECTION
Patrick D. Campbell
858-5380
FAX: 452-2250
March 1, 1994
Mr. Frank Gerstenecker, Manager
City of Troy
500 W. Big Beaver Rd.
Troy, MI 48084-5285
Dear Mr. Gerstenecker:
Re: Lease Renewal - 52/4 District Court
County of Oakland and City of Troy
Per our telephone conversation, enclosed is the lease renewal on the above
referenced court facility. Since the City and County are in full agreement as
to continue this lease on a month to month lease with same terms and conditions
as existed, I suggest we present this to our Committees and Counsel
simultaneously as to expedite this matter.
If you have any questions, please don't hesitate to call.
Very truly yours,
Patrick &fai
PC/kah
Enclosure
cc: D. Ross
File
PUBLIC WORKS BUILDING • ONE PUBLIC WORKS DR • WATERFORD MI 48328-1907 • (810) 858-0160 • FAX n,8101 858-1066
•
L EASE
'THIS LEASE AGREEMENT made and executed this21stday. of . February,
ILD., 19 85 , by ihe CITY CF TROY (the "Lessor") and the COUNTY OF OAKLAND, a
Michigan Constitutional Corporation (the "Lessee"). It is agreed by the parties
in consideration of the terms, conditions, covenants and agreements set forth
that:
1. The Lessor does lease, to the Lessee, that portion of a building
identified in Exhibits "A" and 'Tr', for the 52nd Judicial District
Court, 4th Division, Oakland County, Michigan, Consisting of approxi-
mately ten thousand eighty-nine (10,089) square feet of office space
for_a term 'off five (5) year, commencing 'on the 1st day of March .
A...D.;--1985 and ending on the 28th day of February, A.D., _1990, and
the address of the District Court is 500 West Big Beaver Road, Troy,
Michigan 48084.'
2. The Lessee does agree to lease the premises from Lessor, for the
District Court, for the term, and covenants to pay the Lessor rent
in the total sum of Three Hundred Eight-Five Th6usand Eight Hundred
Thirty-Eight ($385,838), Subject to adjustment as provided
for in Section 4,b below, plus conference roam rentals. Payment shall
Aaemadeluorthelessar in.advance, monthly rinTirg the lease temni.
'3,a. She Lessor does lease to the Lessee those conference rooms reserved
for court purposes as provided for in Section 5, U below as needed
by the District Court, and the Lessor also agrees to provide 15
reserved parking spaces in the east lot (identified on Exhibit "C.")
for the use by court employees from 7:30 a.m. to 5:30 p.m. on days
Court offices &re open, for a term of five (5) years, commencing
on the 1st day of March, A.D., 1285, and ending on the 28th day of
February, A.D., 1990, and the address also being 500 West Big Beaver
n.loy, Michigan 48084.
•
30). In the, event that Lessor and Lessee shall, prior to-this expiration
date, enter into a new agreement under the terms of which the City
shall construt a separate court facility to be leased to the County
for occupancy by the District Cburt, then when said new facility is
determined by the Chief Building Inspector of the City of Troy to be
completed and -ready for occupancy, this lease shall terminate, and
be superceded by Said new lease referred to above. '
4,a. The Lessee agrees to lease the premises. referred to in Sections 1
and 3 above for the aforesaidterm,and covenants to pay the Lessor
- rent on the following basis:
• Rate Per , Area • Day Monthly Bate Annual Rate
Courtrooms, Council
Chamber and Office -
area as per Ehibits
'A and B 302.67* $6,305.67 $75,668.00**
•
Conference Roams 6.00 ea. rate x days. rate x days
used used
TOTAL: . $6,305.67 $75,668.00
• - *Computed on basis of 250 days per year.
** $7.50 per square foot - see EXhibit D
4,b. Payment shnll be made to Lessor in advance, monthly. 55 -iiiqiii71:1
aeaSe±ierm 1:-.i6dt-paymeats-shall -b`e7iiijiLisbedj404-rd
_ . . • _
_ - '7i6-feflect -up*ard or downward_changes_to Lessor-In--Me cost of
labdr, supplies utilities and insurance) • Following notification..
to Lessee at 1ika75570-43TI-iii-idFelastlierif -A4-41iae''A
annually)by Lessor e ec ve as o the s 198-
187,1988 andarlaibtq Such notification of change in the lease
rental shall be accompanied by a summary of operation and
raintenanCe costs for the Municipal Building/Justice Center for
the fiscal year ending June 30 preceeding, together with an ex-
-2-
•
••n
(contd)
4,b. planation of the factors taken into consideration in raking this
chnnge in the lease rental rate.
5. The Lessee agrees and convenants as follows:
A. That it will not permit the use of the leased premises in any
ennner which will substantially _increase the rate of insurance,'
or for any purpose which may result in a violation of local,
state, or federal lams, rules or regulations now or hereafter
In force;
B. That the Lessee shall observe all reasonable regulations and
requirements of underwriters concerning the use and condition
of the premises, tending to reduce fire hazards and insurance
rates, and not to permit, rnuse or allow any rubbish, waste
material or products to accumulate on or about the premises;
C. That the Lessee ghall neither sublet or assign the interest
or use the premises, or any part, without the prior written
consent of Lessor endorsed hereon;
D. That should Lessee hold over the premises after the eXpiration
of the lease term, without renewal in writing, for a period of
one (1) month or more, the Lessee shall be deemed a tenant for
calendar month to calendar month at the same terms and conditions
-as provided herein;
E. The Lessee shill furnish, at its own expense all furniture, 1 .
equipment and furnishings, as it deems advisable; and, furniture,
equipment and furnishings furnished by Lessee shall be maintained
and repaired by Lessee, and shall remain in its ownership and
possession; and, furnishings, equipment and furniture provided
by the Lessor shall be maintained and repaired by Lessor and shafl
remain in Lessor's ownership and possession.;
F. That the Lessee shnli allow the Lessor full access to and about
the leased premises, during the regular business hours, for the
purpose of making inspections and repairs as Lessor may be re-
quired to make, provided Lessor shall not necessarily or unreasonably
disrupt the usual operations of the Court;
G. That the Lessee shall keep the leased premises in as good repair
as the same shall be at the cammencement of the term, wear and
tear tram the reasonable use of same, and damage by the elements
excepted;
H. That Lessee shall make no alterations or improvements to or upon
the leased premises without the prior written consent of the Lessor;
I. That all improvements made to or upon the leased premises shnll
become-an integral part, and Shall belong to the Lessor upon
termination of the lease, unless otherwise agreed by the parties,
in writing, at the time the alterations or impxovements are approved
.by the Lessor;.
J. That nothing in this lease shall authorize the Lessee to do' any
act which shall in any way encumber title of the Lessor in and
to the premises. The interest of the Lessor shall not be in anyway•
subject to any Claim of lien or encuMbrance, whether claimed. by
. operation of law or by virtue of express or implied contract by the
Lessee. Any claim to a lien upon the premises, arising fram -any
act or omission of the Lessee, Shall accrue only against the lease-
hold estate of the Lessee and shall in all respects be subject to
the paramount title and rights of the Lessor in and to the premises;
-4-
(J) (contd)
The Lessee further agrees and covenants that it shall not enter
into any contract with any person, firm or corporation, for labor,
service or material in connection with any building or improvements
upon the premises, which contract involves an amount in excess of
$100, unless it Shall be stipulated in and be a condition of the
contract that no lien shn11 arise, attach or be claimed on account
of thecontract on account of any 'work done or materials furnished
under the contract as against the title or interest of the Lessor
_in the premises, unless it shall be agreed in the contract that the
contractor, person, firm or corporation entering into such contract
• shn11, by the terms thereof, waive any or all right or claim to the
lien on the premises, so far as the Lessor's interest thereon is
concerned. Any lien which may arise or be claimed under the contract
shnll attach only to the leasehold interest of the lessee. The Lessee
aixbes that it will .canse waivers of liens as against the interest of
Lessor on the premises to be executed by contractors furnishing labor,
- services or materials in or About the work so involved upon such '
or,iiprovements, and to be furnished to Lessoras soon as any
contractor shall commence performance of 'cork, or the furnishing of such
material, in all cases Wherein the absence of waiver, the person, firm
or corporation might claim a lien on the interest of the Lessor in or .
to the premises;
K. That, if the Lessee desires to further lease the premises .after .the;
tenn, the te-S-Sei--Ehall :give_ written notice to the Lessorit least six
(6) months prior to the expiration date of tiele teitii,--or extensions orty
elf -an-
L. That the Lessee shall use. and occupy the leased premises as and
for District Court only, and for bperat ions and offices necessarily
related, unless the Lessor should give written consent for deviation
of such use and occupancy; .
M. That Lessee shqll'have access to the City Council Chambers (Exhibit "A")
for court purposes between the hours of 8 a.m. and 6 p.m., Monday
through Friday. Lessee will have the use of mini-conference rooms
only during those times when not required for City government purposes
and when necessary for the use as a jury room and upon having previously
_scheduled the =calor juiy room purposes through the office of the City
Clerk, a minimum of two (2) weeks prier to the date of such usage.
Lessee may, from time to time and during other hours of the day, schedule
use of City Council ChaMbers shown in Exhibit "A" for purposes required
by the regular functions performed by the District Court; the scheduled
. use to'be submitted for approval by the City Manager through the office
of the City Clerk to (2) weeks in advance of the scheduled date of usage,
which in no. event will interfere with the normal meeting of the City •
Council and the various boards and committees of the City of Troy;
N. That the Lessor, may from time to time, scheduleuse .Of courtrooms shown
. in Exhibit "BP for meeting purposes as required by various general govern-
nentpuxposes and functions performed by Lessor for the inhabitants and
Citizens of the City of Troy. The scheduled use is to be submitted for
approval by the presiding judge of the Fourth Division through the office
of the Court Administrator two (2) weeks in advance of the scheduled
date of usage, which in no event will interfere with the normal hours of
operation of the District Court.
. 6, The Lessor agrees and covenants as t011ows;
A. That the Lessee, on payment of the rental at the time and in the
manner required and performing all covenants made by it, may peacefully 1
and quietly have, hold and enjoy the demised premises for the term and
purpose;
B. That the Lessor shill provide suitable locks for all doors to the offices
' of the District Court Judge(s); the Court Administrator, and to the
• Jury Roam with only authorized Court personnel and the Lessor having
access keys to the offices and rooms; the Lessor to use the keys and
enter the offices and rooms for authorized inspections, repairs,
..maintpnancf. and/or cleaning only;
C. That the Lessor shall provide 'bonded' custodial services. The
general interior cleaning is to be done after regular working hours
of the District Court. The services to be provided shall be the
same quality and standard as those provided for Troy Municipal offices;
D. That the Lessor shall insure that the leased premises conform to all
local, county and state fire codes and building codes, nnd that this
lease and premises will conform with Public Act No. 1 of 1966, as
amended, regarding accommodations for the handicapped; .
E. That the Lessor will be solely responsible for all maintenance of
-the leased space, removal of snow and icelrun -the parking area, all
custodial services, including supplies, on a daily basis and assume
the cost of heat, electricity and water;
F. That the Lessor shall invoice Lessee monthly and 15 days prior to the
, due date. •
7. That Lessor and Lessee mutually agree and covenant as follows:
A. It is understood and agreed that if the premises leased be damaged
or destoryed in whole or in part by fire or other casualty during
-7-
(contd)
7.
A. during the term, the Lessor will repair and restore the same to
. good tenantable condition. If the Lessee shall fail to adjust,
his own insurance or to remove his ciarrnged goods, waxes, equipment
or property within a reasonable time,- and as a result the repairing
and restoration is delayed, there shall be no abatement of rental
during the period of resulting delay. There shall be no abatement
of rental it fire or other cause damaging or destroying the leased
premises shall result from the negligence or willful act of Lessee,
agents or employees. If the Lessee shall use any part of the . ,
leased premises for storage during the period of repair a reasonable
rila-rge shall be trade against the Lessee. In case the leased
prendses, or the building of which they are a part, shall be destroyed
to the extent of more than one-half of the value, the Lessor may at
• his option terminate this lease forthwith by a. written notice to the
• Lessee;
B. That Lessee shall, at its own expense, maintain _insurance to insure
all of its personal property and trade fixtures against damages
..occasioned by 'Acts of God', fires, or other similar causes which
are beyond the control of the Lessor and shall designate the City
of Troy, Lessor:, as its interest may appear, as saditional party
insured under the policy and provide Lessor with a Certificate of
Insurance evidencing these coverages;
C. Lessor Shall, at its own expense, maintain insurance to insure
the demised premises against damages occasioned by 'Acts of God', •
fires, or other similar causes which are beyond the control of the
Lessee and shall desigmate 'Oakland County', Lessee, as its interest
may appear, as additional party insured under the policy and provide
-8-
,.
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,-- . '.%
47-,---.._, --,- --2
Witness
-/
/ _.e.d
e
,-1 /
Viftness JACK C. /HAYS
2, ,/• • - „ , . „,- „.• et,
Witness ELAINE G. McCRACKEN t t 1 .
(cortd)
C Tp...see.wIth a Certificate of Insurance evidencing these coverages;
Lessor and Lessee agree to cover their respective interest with One
Million Dollars ($1,000,000.00) coMbined single limit per occurrence
Cbmprehensive General Liability. Each party 5!1211 designate the
other party, as its interest may appear, as an additional party
insured under its policy and provide each other with a Certificate of
Insurance evidencing these coverages;
1t is mutually agreed between the Lessor and Lessee that any property
loss which is covered by insurance carried by the Lessor or Lessee,
each party, to the extent that such damnges are covered by insurance
and paid to such party by the insurance carrier, shall waive any claim
for compensation for damage which it may have against the other •
property.
In WITNESS .WHEREOF said Lessor and the County of Oakland, Michigan, by its Board
of rmiTliqsioners, have each caned its name to be signed to this instrument by its
•
duly authorized officers, the day and year first above written.
This Lease has been executed in duplicate.
. / LESSOR
BY
Richard E. Do yle, Mayor
By:
/Kenneth L. ePprti-ley , Cit y
CCUNTY OF OAKLAND, a Michigan
constitutional Corporation
•
MAR I LY,f E . GOSLING, V i ce-C ha i-rkr son ,
Board of Commissioners
APPROVED AS TO FOAM
Department of Corporation Counsel •
-
Dated:
-9-
STATE OF MICHIGAN)
.)SS
=WY OF 0.AELAND)
3gePS-- , personally
appeared4e?2, tjt-,,r6 4L,7-'4.P/%!--riga-iianowledged
said instrument to be their free act and deed.
>'P
Notary Public, Oakland
County , Michigan
My commission expires:
STATE OF MICRIGA24)
)SS
• County of Oakland)
On this 21st day of ' February , 19 85 , personally
appeared MARILYNN E. GOSLING , and did say
Vice-Chairpersqn
that be is the/Chaim= of the Oakland County Board of Commissioners and
as such has affixed his signature to the fore going Agreement, and that said
instrument was signed and sealed on behalf of said County of Caklana, by
authority of its Miscellaneous Resolution No. 85018 - , dated 2/1_4/85
and acknowledges said instrument to be the free act and deed of said Count y /.
of CaIland.
Notary Public, Oakland
County , Michi gan
My commission expires:
JACK C. HAYS
7/15/86
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" . ' EXEJIBIT D
•
MUNICIPAL BUILDING AND JUSTICE CENTER
• .. _1983-84 OPERATION AND MAINTENANCE cosrs
Custodial Services $ 73,072
Building Maintenance Costs 35,245
Utilities 226,726
Insurance 10,096
Contract Equipment Maintenance 1,727
Rent - 31,000
72
Proration of Civic Center Maintenance Costs 38,579
$416,518 •
Cost per square foot sm $7.45*
*Gross 'square footage u.
Less Garage and Basement
71,931
-16,019
Used for square footage
computation . 55,912 square feet
B Y : -_XL.s-(1_ Richar E.
\ 1
Iv4or
COUNTY OF OAKLAND
Its: 'Chairperson
By:
By:
oy Rewyeld 7
Board of Commissioners
EXTENSION. OF LEASE
August This Lease Extension is made this 17th day of
1989, between the City of Troy, (the "Lessor ") and the County
of Oakland (the (Lessee ").
It is agreed by the parties that the Lease Agreement
dated the 21st of February, 1985 for the term of March 1, 1965
through February 28, 1990 for the 52nd Judicial District
Court, 4th Division, is hereby extended for two (2) additional
years, those being March 1, 1990 through February 28, 1992.
It is further agreed that all terms and conditions as
set forth in the Original Lease are continued in full force
and effect, including the rental rate and annual adjustments
which shall be effective as of March 1 in the years 1990 and
1991.
l
CITY OF TROY WIT ESSES:
,
Tamara A. Renshaw
Ester -Corbin
PatriA CampOelVL/
CITY OF TROY
Tamara A, Renshaw-
Ester CQrbin.
/Jeanne M. Stine, Mayor
-. __I------------ '\
By: /1 ..n f
_ K..../1_,.. Courtney, CityvCaerk
WITNESSES:
COUNTY OF OAKLAND
(JiLl
a9ty P. Crake
Its: Chairpers_on
Oakland County Board of
Commissioners
nda wasielewski
Jack C. days
SECOND EXTENSION OF LEASE
This Lease Extension is made this 10th day of December ,
1992, between the City of Troy, (the "Lessor") and the County of
Oakland (the "Lessee").
It is agreed by the parties that the Lease Agreement
dated the 21st of February, 1985 for the term of March 1, 1985
through February 28, 1992 for the 52nd Judicial District Court, 4th
Division, is hereby extended for two (2) additional years, those
being March 1, 1992 through February 28, 1994.
It is further agreed that all terms and conditions as set
forth in the Original Lease are continued in full force and effect,
including the rental rate and annual adjustments which shall be
effective as of March 1 in the years 1992 and 1993.
I
. April 14, 1994
FISCAL NOTE (Misc. #94074)
By: Finance Committee, John McCulloch, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT, REAL ESTATE SECTION -
EXTENSION OF LEASE FOR 52ND DISTRICT, 4TH DIVISION COURT FACILITIES
IN THE CITY OF TROY, MISCELLANEOUS RESOLUTION *94074
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has
reviewed Miscellaneous Resolution *94074 and finds:
1) The current lease for the 52/4 District Court expired on
February 28, 1994.
2) The City of Troy and the County of Oakland wish to extend
the lease on a month to month basis under the terms and
conditions as set forth in the original 1985 lease.
3) The extension continues at the annual rate of $75,668
plus adjustments upward or downward to reflect changes in
the City of Troy's cost of labor, supplies, utilities,
and insurance.
4) Funds for the lease are included in the Court's 1994-1995
Adopted Biennial Budget.
5) The Board of Commissioners is requested to direct its
Chairperson to execute the necessary documents to extend
this lease.
FINANCE COMMITTEE
11)4
I:\LYND\DC\4THRENT.FN
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 14th day og_APril.„12212
Resolution #94074 March 14, 1994
Moved by Palmer supported by Gosling the resolution be adopted.
AYES: Palmer, Pernick, Powers, Price, Schmid, Taub, Wolf, Aaron, Crake,
Dingeldey, Douglas, Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, Miltner, Moffitt, Obrecht. (24)
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 April 14, 1994 with the original record
thereof now remaining in my office.
Lyn/ D. Allen, County Clerk