HomeMy WebLinkAboutResolutions - 1995.04.06 - 24346MISCELLANEOUS RESOLUTION #95105 April 6, 1995
BY: Planning and Building Committee, Charles Palmer, Chairperson
RE: FACILITIES MANAGEMENT - SALE OF COUNTY OWNED PROPERTY
IDENTIFIED AS TAX BIDWELL NTJMBERS 14-29-205-003 AND 14-29-206-
010 IN THE CITY OF PONTIAC, COMMON ADDRESS 196 OAKLAND
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS by Miscellaneous Resolution #94078, dated March 24,
1994, the Board of Commissioners authorized the County Executive's
Facilities Management Department to complete negotiations for the
sale of the property identified as tax sidwell numbers 14-29-205-
003 and 14-29-206-010 in the City of Pontiac, common address 196
Oakland with the highest qualified bidder; and
WHEREAS by Misnpllanenus Resolution #94191, dated June 23,
1994, the Board of Commissioners authorized the Department of
Facilities Management to negotiate and complete a lease agreement
with Openings (now known as 196 Oakland Properties, L.L.C.) to be
effective and concurrent with the sale of subject property; and
WHEREAS negotiations have been completed and the purchaser has
submitted the attached Purchase Agreement, Lease Agreement and
Easement and License Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby accepts and agrees to enter into the attached
Purchase Agreement, Lease Agreement, and Easement and License
Agreement submitted by 196 Oakland Properties, L.L.C. for the sale
and subsequent lease of property commonly known as 196 Oakland,
Pontiac, Sidwell numbers 14-29-205-003 and 14-29-206-010.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners hereby authorizes and directs its clnairpprRnn to
execute these agreements on behalf of the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners hereby authorizes and appoints its Chairperson as its
agent to execute the deed for the sale of 196 Oakland, Pontiac and
the related closing papers or instruments necessary to complete
this sale in accordance with the attached agreements.
chil-pprson, on behalf of the Planning and Building Committee,
I move the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
R_LL_Rc_HASE AGREEMENT
THIS AGREEMENT made and entered into this day of
, 1995, by and between 196 Oakland Properties
L.L.C., a Michigan Limited Liability Company, whose address is 40
W. Howard Street, Pontiac, Michigan 48053 (hereinafter "Purchaser")
and the County of Oakland, a Michigan Constitutional Corporation,
1200 N. Telegraph Road, Pontiac, Michigan 48341 (hereinafter
"Seller") for the purchase of all right, title and interest in and
to land together with all structures, appurtenances and
improvements located thereon, (exclusive of telephone,
telecommunications tower and personal property related to its use
and operation) described as:
Legal Description
See attached Exhibit "A", together with and subject to all
licenses, easements and restrictions relating thereto (commonly
known as 196 Oakland Avenue, Pontiac, Michigan, subject to the
following terms and conditions:
1. PURCHASE PRICE
Subject to the adjustments and prorations provided in this
Agreement, the Purchase Price shall be Three Hundred Eighteen
Thousand ($318,000.00) Dollars payable as follows:
a. Eatagat_jiclue_yQam§Lt. Purchaser shall pay the sum of
Thirty One Thousand Eight Hundred ($31,800.00) Dollars as
earnest money deposit. Said deposit shall be placed in
escrow with the Oakland County Treasurer's Office (non
interest account) on or before March 27, 1995 and shall
be applied toward the purchase price at the time of
closing or disbursed to Seller in accordance with this
Agreement.
b. Cash Sale. Balance of the Purchase Price shall be paid
in cash by certified check or wire transferred at the
time of closing upon delivery of the usual Warranty Deed
and marketable title to the property.
2. TITLE
The Seller shall deliver to Purchaser, as soon as possible
after acceptance of this offer, but not later than ten (10) days
after acceptance, a commitment for an ALTA owner's form title
insurance policy, with standard exceptions, in an amount not less
than the purchase price, certified to a date later than the
acceptance hereof guaranteeing fee simple absolute title in an
insurable and marketable condition by the Phillip R. Seaver Title
Company, in a form acceptable to the Purchaser.
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r
If objection to the title is made, based upon the written
opinion of the Purchaser's attorney that the title is not
marketable, the Seller shall have thirty (30) days from the date
Seller is notified, in writing, of the particular detects claimed,
to either (1) remedy the defects, or (2) obtain a commitment for
title insurance, insuring in a manner satisfactory to Purchaser,
the Purchaser's title against such defects claimed. If the Seller
fails to remedy the defects, or obtain such commitment for title
insurance within said period, Purchaser may waive said title
defects and close subject to same. However, if Purchaser does not
so waive, the deposit shall be refunded forthwith to Purchaser and
this Agreement terminated.
3. CLOSING
If this offer is accepted by the Seller and if Seller can
convey title as agreed, subject to all contingencies of sale
described herein, the Purchaser agrees to complete the sale within
forty five (45) days from the delivery of the commitment for title
insurance or this contract shall be null and void. Purchaser and
Seller covenant that each shall use their best efforts to fulfill
the intent of this agreement.
4. DEFAULT OF PURCHASER
In the event the Purchaser shall default in the performance of
its obligations herein, Seller may:
a. Specifically enforce the terms hereof; or
b. Declare that the Purchaser has forfeited all rights
hereunder and retain the deposit as liquidated damages;
5. DEFAULT OF SELLER
In the event Seller shall default in the performance of its
obligations herein, Purchaser may:
a. Specifically enforce this agreement and require specific
performance of this contract; or
b. Demand a refund of the entire deposit. Return of the
deposit shall terminate this Agreement; or
6. RISK OF LOSS
Until delivery of the Warranty Deed, risk of loss by fire,
windstorm or otherwise shall be borne by Seller.
7. POSSESSIOU
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Purchaser shall have possession of the premises at closing
subject to a lease agreement in favor of Seller, a copy of which is
attached hereto and mark Exhibit "B", and the holdover tenancies of
The State of Michigan (app.30,000 sq/ft) and the Oakland Livingston
Human services Agency (app.17,000 sq/ft).
8. TAXES
All taxes on the property which are due and payable on or
before the date of closing shall be paid by Seller, with proration
based upon due date and based upon payment of taxes in advance.
9. aFECIAL ASSESSMENTS
Any unpaid special assessments which are a lien at the time of
closing shall be paid by the Seller in full at the time of closing.
10. inuauLauaua_g_liagaa
a. Interest, rents and other non-governmental fees and
charges shall be prorated and adjusted as of the date of
Closing.
b. All fees and charges imposed by any governmental
authority on the property or as a condition of use being
made of the property including, but not limited to, sewer
and water charges (except as provided in Paragraph 8
above) which are due in full at the time of closing shall
be paid by Seller.
11. CONTINGENCIES OF SALE DUE _ITLIcucz
The following conditions precedent must be met, to Purchaser's
satisfaction, prior to sale. In the event the conditions set forth
below are not satisfied, in Purchaser's sole determination,
Purchaser shall notify Seller in writing of the condition(s) not
met, and terminate this Purchase Agreement, and shall receive a
full refund of Purchaser's Earnest Money Deposit.
Closing on the sale of this property shall be contingent upon
the following:
a. Purchaser shall have obtained appropriate evidence from
the necessary governmental authority permitting
Purchaser's intended use and operation of existing
structures.
b. Purchaser shall perform environmental tests on the
property deemed necessary to determine the land's fitness
for Purchaser's intended use with the understanding that
any alterations of the land shall be repaired and
restored to its original condition at Purchaser's cost.
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InrumENTs TO RE FURNISHED fl 12. SELL
The cost of the environmental tests ($8,520.65) shall be
equally borne by Purchaser and Seller.
Upon closing, the aforementioned contingencies shall be deemed
waived by Purchaser.
Seller agrees to provide to Purchaser with the opportunity to
review, ten (10) days of signing this Purchase Agreement the
following, if available, to Seller:
a. All License Agreements between Seller and any third
parties relating to the use and occupancy of any lands for utility
easements and encroachments.
b. Any prior environmental reports
c. All easement agreements
d. All existing tenant leases
e. All existing architectural and engineering drawing.
Seller agrees to transfer possession of the same at the time
of closing
13.
Purchaser and Seller acknowledge that Seller currently
maintains a radio communications tower and related facilities on
the subject premises which is material to the operation of Seller's
governmental functions. Purchaser and Seller agree that Purchaser
shall grant to Seller a License Agreement and easements for
utilities, ingress and egress to facility and for the continued
operation and maintenance of the communication facility, each of
which is fully described in Exhibit "C" attached hereto and
incorporated by reference.
14. ALLOCAZION QF PURCHASE EgIcE
Purchaser and Seller agree that the purchase price shall be
allocated as follows:
Two Hundred Eighteen Thousand ($216,000) Dollars for land and
improvements.
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One Hundred Thousand ($100,000) Dollars for personal property.
Personal Property intended to be transferred by this agreement
does not include telephones, telecommunications tower and personal
property related to its use and operation.
15. FUNDING EFFECT
This is a legally binding agreement. All parties understand
and have been advised that they have the right to seek the advice
of an attorney prior to execution of this Agreement.
The covenants herein shall be binding upon and inure to the
benefit of the heirs, executors, administrators and personal
representatives.
16. LOCATION OF cLosimq
The closing of this sale shall take place at the office of
Phillip R. Seaver Title Company or such other location mutually
agreeable to the parties.
17. CONQMNATION
In the event of an institution or proposal of condemnation
proceedings prior to closing, Purchaser shall have the right to
either (i) terminate this Agreement upon written notice to Seller
or (ii) proceed to closing. At closing, Seller shall assign to
Purchaser all of Seller's rights to any award or payment in lieu
thereof (except for loss of rents prior to closing).
18. NOTICE
Any notice, request, demand, consent, approval or other
communication given hereunder shall be in writing and shall be sent
by registered or certified mail, return receipt requested,
addressed to the other party at its address as set forth at the top
of page 1. Any party may, by notice given as aforesaid, change its
address for any notice. Any notice by either party shall be
sufficient if signed on behalf of said party by any partner thereof
or officer thereof.
19. TIME OF TU ESSENCE
Time is of the essence for this agreement, except that
Purchaser may waive this provision for the purpose of Seller curing
title defaults.
20. unicE OF LAW
This Agreement shall be governed by and construed in
accordance with the laws of the State of Michigan that are applied
to contracts made and to be performed in this State.
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WITNESSED BY:
4dal
21. ENTIRE AGREEMENT
This document contains the entire agreement of the parties and
supersedes all prior agreements, oral or written, between them. It
may not be modified, changed or altered unless reduced to writing
and signed by each of the parties hereto.
Seller's Acceptvoce
The above offer is accepted by Seller, who agrees to be bound
by all of the terms and conditions contained therein.
WITNESSED BY: SELLER:
TCS/3 -17 -95
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'
EXHIBIT A
PARCEL 1•
Lots 13, 14, 33, 34. 35, 36, 37. and part of Lots 4, 5, 11. 12, 19, 20, 2/, 22 and 32, including part
of vacated Grove Street and vacated alleys, all being part of "Map of Sanderson & Johnstons
Addition to the City of Pontiac, Oakland County, Michigan, being part of the Northeast 1/4, part
of the Northwest 114, and part of Southwest 114 of Section 29, Town 3 Nortn. Range 10 East",
as recorded in Liber 1 of Plats. Page 33, Oakland County Records, being more particularly
described as fokows:
Beginning at the Northeasterly corner of Oakland Avenue (width varies) and Baldwin Avenue
(width varies) at a Southwesterly corner of Lot 37 of said "Map of Sanderson & Johnstons
Addition to the City of Pontiac" (Liber 1 Plats, Page 33, Oakland County Records), proceeding
Thence from said point of beginning North 00 degrees 00 minutes 19 seconds East along the
Easterly line of said Baldwin Avenue. said line being also the Westerly line of part of Lot 37, the
Westerly end of vacated Grove Street (60 feet wide), the Westerly line of Lot 5 and part of Lot
4 of said Subdivision, a distance of 289.59 feet to a point; Thence South 67 degrees 32 minutes
14 seconds East a distance of 428.51 feet to 2 point on the Westerly line of the Grand Trunk
Western Railroad right-of-way (50 feet wide at this point); Thence South 22 degrees 32 minutes
06 seconds West along said right-of-way line a distance of 304.26 feet to a point on the Westerly
line of vacated Sanderson Avenue (70 feet wide); Thence South 45 degrees 32 minutes 11
seconds West along said Westerly line of vacated Sanderson Avenue, said line being also part
of the Easterly line of Lot 32 of said Subdivision, a distance of 90.07 feet to a point on the
Northerly line of said Oakland Avenue; Thence North 44 degrees 35 minutes 16 seconds West
along said Northerly line of Oakland Avenue, said line being also the Southerly line of Lots 32
through 37 inclusive of said "Map of Sanderson & Johnstons Addition to the City of Pontiac" a
distance of 306.46 feet to the Point of Beginning: Being Parcel 14-29-205-003 on the City of
Pontiac Tax Rolls.
trAZCIla..
Lots 27, 28, 29, 30 and part of Lots 21, 24, 25, 26 and 31 including part of vacated Sanderson
Avenue and vacated alleys, all being part of "Map of Sanderson & Johnstons Addition to the City
of Pontiac," Oakland County, Michigan, being part of the Northeast 1/4, part of Northwest 1/4, and
part of Southwest 1/4 of Section 29, Town 3 North, Range 10 East" as recorded in Liber 1 of
Plats, Page 33, Oakland County Records, being more particularly described as follows .
Beginning at the Southeasterly corner of Lot 29, of said "Map of Sanderson and Johnstons
Addition to the City of Pontiac" said point being North 44 degrees 35 minutes 16 seconds West
as measured along the Northerly line of Oakland Avenue (width varies), a distance of 59.86 feet
from the Northwesterly corner of Oakland Avenue and Clark Avenue (50 feet wide); proceeding
Thence from said point of beginning North 44 degrees 35 minutes 16 seconds West along the
Northerly line of said Oakland Avenue, said line being also the Southerly line of Lots 29, 30, and
part of Lot 31, of said Subdivision, a distance of 101.35 feet to a point on the Easterly right-of-way
196 OAKLAND PURCHASE AGREEMENT
EXHIBIT A Page 1
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0 f
Ire of the Grand T7:K Western Rairoad: Thence North 22 degrees 32 minutes 06 seconds East
along said Easterly rght-of-way :me, said line being 25.00 feet Easterly of, as measured at right
angles to, and para:lel to the centerline of said right-of-way, a distance of 243.37 feet to a point:
Thence Scuth 88 degrees 23 minutes 28 seconds East a distance of 270 46 feet to an angle
point in the Eastery line of said "Map of Sanderson & Johnstcns Addition to the City of Pontiac";
Thence South 45 degrees 58 minutes 28 seconds West a distance of 70.29 feet to a point;
Thence South 45 degrees 15 minutes 31 seconds West a distance of 269.55 feet to a paint;
Thence South 44 degrees 49 minutes 27 seconds West a distance of 71.50 feet to the point of
beginning. Also Lot 23 and part of Lots 15, 16, 17, 18, 19, 20, 21. 24, 25, and 26 including part
of vacated Sanderson Avenue and vacated alleys, ail being part of "Map of Sanderson &
Johnstons Addition to the City of Pontiac," Oakland County. Michigan, being part of the Northeast
1/4, part of Northwest 1/4, and part of Southwest 114 of Section 29, Town 3 North. Range 10 East
as recorded ir Liber 1 of Plats, Page 33, Oakland County Records also part of Lot 7 of
"Assessor's Plat No. 32," part of the Northeast 1/4 Section 29, Town 3 North, Range 10 East, City
of Pontiac, Oakland County, Michigan, as recorded in Liber 1A of Plats, Page 32, Oakland County
Records, and being more particularly described as follows: Commencing at the Northwesterly
corner of Oakland Avenue (width varies) and Clark Avenue (50 feet wide), at the Southeasterly
corner of Lot 1 of said "Assessor's Plat No. 32" (Liber 1A of Plats, Page 32, Oakland County
Records), proceeding Thence North 44 degrees 35 minutes 16 seconds West along the Northerly
line of said Oakland Avenue, said line being also the Southerly line of said Lot 1 and then the
Southerly line of Lots 29, 30 and part of Lot 31 of said "Map of Sanderson & Johnstons Addition
to the City of Pontiac" (Liter 1 of Plats, Page 33, Oakland County Records), a distance of 161.21
feet to a point on the Easterly Right-of-Way line of the Grand Trunk Western Railroad; Thence
North 22 degrees 32 minutes 06 seconds East along said Easterly Right-of-Way line, said line
being 25.00 feet Easterly of, as measured at right angles to, and parallel to, the center line of said
Right- of-Way, a distance of 243.37 feet to the point of beginning of the parcel of land herein
being described; proceeding Thence from said point of beginning North 22 degrees 32 minutes
06 seconds East along said Easterly Right-of-Way line (50 feet wide) a distance of 245.70 feet
to a point; Thence North 80 degrees 23 minutes 12 seconds East across part of the said "Map
of Sanderson & Johnstons Addition to the City of Pontiac" and then across Lot 7 of "Assessor's
Plat No. 32," a distance of 351.91 feet to a point on the Westerly line of Stockwell Avenue (width
varies); Thence South 00 degrees 10 minutes 08 seconds West along said Westerly line of
Stockwell Avenue, said line being also part of the Easterly line of said Lot 7, a distance of 125.00
feet to a point; Thence North 89 degrees 49 minutes 52 seconds West into the interior of said Lot
7, a distance of 135.00 feet to a point; Thence South 00 degrees 10 minutes 08 seconds West
a distance of 169.67 feet to a point on the Southerly line of said Lot 7; Thence North 88 degrees
24 minutes 28 seconds West a measured distance of 34.92 feet to the Southwesterly corner of
Lot 7 of said "Assessor's Plat No. 32": Thence North 88 degrees 23 minutes 28 seconds West
into the interior of said "Sanderson & Johnstons Addition to the City of Pontiac" a distance of
270 46 feet to the point of beginning. Tax Item No. 14-29-206-010
196 OAKLAND PURCHASE AGREEMENT
EXHIBIT A Page 2
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EXHIBIT "B"
LEASE
This Lease is dated as of 1994, by and between
_ ("Landlord"), whose address is 40
West Howard, Pontiac Michigan 48342, in the County of Oakland, and
Michigan Constitutional Corporation ("Tenant"), whose address is
1200 North Telegraph Road, Pontiac, Michigan 48341.
1. Premisqs
The Landlord, in consideration of the rents to be paid and the
covenants to be performed by the Tenant does hereby lease to the
Tenant the following described space of approximately Thirteen
Thousand Eight Hundred Forty Eight (13,848) square feet located in
the City of Pontiac, State of Michigan, commonly known as: 196
Oakland Avenue and more particularly described on the attached
Exhibit A ("Premises").
2. Term and Rent
The Lease term shall commence on the day of
19 for which Tenant shall pay rent in equal monthly
installments of ($5,921.36) dollars, ( 8097 sq. ft El $7.00 per year
and 5751 sq ft El $2.50 per year ) If the commencement date of this
Lease is other than the first day of the month, then the rent for
the fractional month shall be pro-rated on the basis of a thirty
(30) day month. The leasehold space on the first floor, building
"A" (2,546 sq/ft) shall expire on April 30, 1995. The remaining
leasehold shall be for a initial period of Six (6) months from the
date of closing and month to month thereafter.
3. Use of Premlses
Tenant shall use and occupy the Premises for general office
and storage purposes only and shall not alter Tenants use during
the term of this Lease without Landlords written consent.
4. Copmon Areas Fur:Dished and ftintained-km_the Landlord
Landlord agrees to furnish, keep and maintain in good repair
and clean condition free from trash, rubbish, dirt, snow and ice
during the term of this Lease all parking areas, common areas,
roads, driveways, sidewalks, landscaping, drainage, and lighting
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facilities. Tenant shall receive a prorata reduction in rental
obligation should interruption in any of the above services occurs
which prevents tenant's occupation of the premises, except as
interruptions which are the result of acts or omissions of any of
the Tenant or agents and invitees..
5. Use of Common Areas
Landlord grants to Tenant, its agents, servants, employees and
customers the non-exclusive right to use the common areas with
other Tenants and their agents, servants, employees, and customers.
6. Obstruction to Common Areas
Landlord shall not build or permit any structures or
obstructions of any kind to remain in or on the common areas for an
extended period of time which would unreasonably interfere with
Tenant's business or use and enjoyment of the Premises, or obstruct
the visibility of and access to the Premises.
7. Ouiet Use and Possession
Landlord warrants that it has good title to the Premises in
fee simple free and clear of all liens and encumbrances excepting
the lien for current taxes and the first mortgage or deed of trust.
Landlord also warrants that it has the right to make this Lease for
the term described herein. Landlord warrants that Tenant on
performing its obligations under the Lease shall peacefully and
quietly hold and enjoy the Premises.
8. Public Liability Insurance
Tenant shall obtain and keep in effect a policy of public
liability and property damage insurance with respect to the
premises in the amount of One Million ($1,000,000) dollars for
damages resulting to one person, One Million ($1,000,000) dollars
for damages resulting from one casualty and Five Hundred Thousand
($500,000) dollars for property damage. Landlord shall also be
named insured under such policy. Tenant will furnish Landlord with
a certificate issued by the insurance company indicating such
coverage is in effect. Tenant assumes no liability beyond the
Insurance coverages provided hereunder.
9. Real Estate Taxes
Landlord shall be responsible for all real estate taxes
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assessed against the premises during the term of this Lease.
10.Lwilorc laintenancer
Landlord shall, at its sole cost and expense, maintain the
roof and structural members thereof (including gutters and
downspouts) the foundations, the four outer walls, and the
structural soundness of the building. Any new roof cuts made
necessary because of Tenant's use of the Premises or the
installation of any equipment required by Tenant, shall be
performed by the Landlord at Tenants expense and under Landlord's
direct care and supervision. For the purposes of this paragraph,
"new roof cuts" are defined as cuts made after the effective date
of this lease. Tenant shall have complete responsibility for any
subsequent repairs required thereby.
11. Tenant's Alterations
Tenant may make non-structural additions or improvements to
the Premises which Tenant deems necessary or desirable. Structural
changes may be made only with Landlord's written approval. All work
done by Tenant hereunder shall be done in a good and workmanlike
manner. Tenant shall not permit any mechanic's or materialmen's
lien against the Premises for any labor or material furnished
Tenant in connection with any work performed on the Premises at
Tenant's direction. Tenant shall have the right to contest the
validity or amount of any such lien provided that Tenant bonds over
any lien within thirty (30) days after receipt of Landlord's notice
of the filing of such lien and provided further that after
determination of said contest the Tenant shall, if required, pay to
such persons such amounts as are necessary to satisfy the lien and
have the same released.
12. Trade Fixtures
Except for existing air conditioning units and replacements
thereof, Tenant may install and remove at any time under this Lease
or at its termination any furniture, trade fixture, equipment or
appliance installed by Tenant. Any damage to the Premises
resulting from the removal of such items shall be promptly repaired
by Tenant at its expense. Tenant may place liens on any furniture,
trade fixture, equipment or appliance installed by Tenant.
Landlord hereby waives any lien or right in and to such items.
Landlord agrees, if required by any lending institution, to execute
such additional lien waivers or other documents to evidence its
waiver of lien. Any liens permitted hereby shall attach only
against the personal property of the Tenant and shall not attach to
the real estate or any personal property of the Landlord.
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13, Fire or Casualty
Should the Premises be damaged or destroyed by fire or other
casualty during the term of this Lease rendering the same
untenable, then Tenant or Landlord may terminate this Lease by
giving written notice to the other party within ten (10) days of
any fire or other casualty.
14. Eminent Domain
If the whole or part of the Premises shall be taken by eminent
domain or sold under threat of eminent domain, then this Lease
shall terminate as of the date title is taken or LLalisferred.
15. Londinrd Tnwprtinns. ReDairS and Re-Renting
At all reasonable times the Landlord shall have the right to
examine the Premises and to make the repairs required of the
Landlord, provided such examination and repairs shall not
unreasonably interfere with Tenant's business operations. The
Landlord may show the Premises to prospective Tenants at all
reasonable times that the Premises are ordinarily open for
business, however the Tenant shall have the right to assign an
agent to accompany any such showing if the same includes areas
containing confidential materials of Tenant or its costumers. Such
exhibition of the Premises shall not unreasonably interfere with
Tenant's business operations. Landlord shall not cause "For Rent"
or "For Sale" signs to be placed on the premises until after the
Lease has terminated the absence of any written agreement to the
contrary.
16. Holding Over
Rent during any holdover period after termination of this
Lease shall be at a rental rate equal to one hundred and fifteen
(115%) percent of the rent for the last month of the Lease term.
17. EalKar_2f_auhr2gAtic2P__
Landlord and Tenant hereby release each other, their
respective agents, servants or employees or anyone claiming by,
through or under them from any and all liability whatsoever caused
by or resulting from fire or other casualty for which insurance
(permitting waiver of liability and containing a waiver of
subrogation) is carried by the injured party specify or this
building at the time of such injury regardless of the cause of such
loss or injury even if it results from some act or negligence of a
party hereto, its agents, servants or employees; provided, however,
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that this provision shall be inapplicable if it shall have the
effect of invalidating the insurance coverage of a party hereto.
Nothing contained herein shall relieve Landlord or Tenant of their
other obligations described elsewhere in this Lease. The Tenant
waiver set forth in this provision is intended to be limited to the
insurance obligations described in Paragraph 8 above.
18. Utilities
Landlord shall provided, at its own expense, all utilities and
shall be responsible for all maintenance, custodial and operational
services in accordance with Exhibit "C" attached hereto.
19. Default
Tenant shall not be deemed to be in default with respect to
the rent unless Tenant has failed to pay rent within five (5) days
of the date the same was due. Non-payment of the sums by Tenant
when due hereunder shall be payable to Landlord together with a
default charge equal to five (5%) percent per month on the
outstanding unpaid balance.
If Tenant shall be declared bankrupt, or the Premises and
Tenant' property shall come into the control of a trustee, receiver
or a person acting under Court order and any such trustee, receiver
or person shall not be discharged within sixty (60) days after
taking such possession, then Landlord may, by written notice,
terminate this Lease. If the Landlord elects not to terminate this
Lease, Landlord may accept rent from the trustee, receiver, or
person acting under Court order for such term of such occupancy
without impairing or affecting, in any way, the rights of the
Landlord against the Tenant under this Lease.
20. Landlord's Remedies
If Tenant defaults, then after appropriate notice and
opportunity to cure, if any, Landlord shall have all rights and
remedies available at law or equity. Landlord shall make
reasonable efforts to mitigate its damages if Tenant defaults
hereunder.
21. lo ndlord's Right to Mortgage
Landlord has the right to subordinate this Lease to any
mortgage(s) now or hereafter on the land or improvements of which
the Premises are a part. Tenant shall execute and deliver any
document required to subordinate this Lease to the lien of any
mortgage.
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22. Assignment and Subletting
Tenant shall not, without Landlord's written consent, assign,
sublet or otherwise transfer its interest in the Premises or any
part thereof.
23. Remedies Not Exclusive
Landlord's and Tenant's rights, remedies and benefits under
this Lease are not cumulative and shall not be exclusive of any
other rights remedies and benefits allowed by law, or equity.
24. Successors
The covenants, conditions and agreements made and entered into
by the Landlord and Tenant shall be binding on their heirs,
personal representatives, administrators, executors, successors and
assigns.
25. Entire Agreement
This Lease, the exhibits, rider and addendum, if any, attached
hereto and forming a part hereof set forth all the covenants,
promises, agreements, conditions and understanding between the
parties and there are no matters, whether written or oral, between
the parties other than set forth herein.
26. tions and Section Numbers
The captions and section numbers are inserted only as a matter
of convenience and in no way affect, limit, construct or describe
the scope or intent of this Lease.
27. Interpretation and Pronouns,
This Lease shall be interpreted to the broadest extent
possible to give full and fair meaning to the intentions of the
parties hereto.
The use of a neuter singular pronoun to refer to the Landlord
or Tenant shall be deemed a proper reference even though the
Landlord and the Tenant may be an individual, partnership,
corporation, other entity or a group of two (2) or more individuals
or entities. The necessary grammatical changes required to make
the provisions of this Lease apply whenever necessary shall, in all
instances, be assumed as though fully expressed.
14 of 53
28. Partial InvalAdity
The invalidity or unenforceability of any provision of this
Lease shall not affect or impair the validity of any other
provision.
29. Notices
All notices of any kind to Tenant shall be sent to Tenant at
the following address or to such other address as Tenant may
designate by written notice or by telegram:
Director of Facilities Management
County of Oakland
One Public Works Dr. Waterford Mi. 48328
and:
Corporation Counsel
County of Oakland
1200 N. Telegraph Rd.
Pontiac Mi. 48341-0419
All notices of any kind to Landlord shall be sent to Landlord at
the following address or such other address as Landlord may
designate by written notice:
196 Oakland Properties L.L.C.
c/o Openings
40 North Howard Street
Pontiac, Michigan 48053
Atn: Leon Yulkowski
All notices shall be in writing with postage prepaid, registered or
certified mail, return receipt requested or by telegram.
30. Estoppel Certificate
Tenant agrees that, on written request by Landlord, it will
execute acknowledge and return to Landlord a written statement
certifying whether this Lease is unmodified (or if it is modified
then stating the modification) and in full force and effect and the
date to which rents and other charges are paid.
31. Landlord's Right to Imppse Reguaticam_Jmalltroms=131
Tenant shall, at all times, comply with all lawful and
reasonable rules, regulations, and procedures prescribed from time
to time by Landlord in connection with the operation of Landlord's
building. These rules, regulations and procedures will be
15 of 53
Subscribed and sworn to before me this
1995.
4L1,
Notary Public
day of
:algnatures continuadl PATRICK D. CAMPBELL
NOTAR• PUBLIC
OAKLAND COUNTY MI
EXPIRE; 2-1•99
contained in the operations manuals of Landlord or in memos,
bulletins, newsletters or other written materials prepared by
Landlord. Tenant will be issued a copy of the currently existing
rules, regulations and procedures subsequent to execution of the
Lease. Tenant will be issued applicable modifications or additions
to the rules, regulations and procedures as they become available.
Due to the nature of Landlord's operations and the fact that
the rules, regulations and procedures do change, Landlord reserves
the right to change the rules, regulations and procedures from time
to time. Landlord agrees that it will promulgate its rules,
regulations and procedures in a reasonable and uniform manner.
32. agiraiLLLkslculLII_EIMtig_E
Nothing contained in this Lease shall be deemed or construed
as creating the relationship of principal and agent or of
partnership or joint venture between the parties hereto, it being
understood and agreed that neither the method of computing rent or
any additional charges nor any other provision herein nor any acts
of the parties shall create any relationship between the parties
other than that of Landlord and Tenant.
33. liDDENDUK
"A" Parking
"B" Custodial
"C" Security
County, MI
My Commission Expires:
16 of 53
Date: Tenant;
By:
Subscribed and sworn to before me this day of
1995.
Notary Public
County, MI
My Commission Expires:
Witnesses: Witnesses:
TCS/3-17-115.
17 of 53
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BLDG "B"
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basem parts D & B,C
BLDG "ca
BLDG "D"
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ADDENDUM "A"
PARKING
Landlord shall provide Tenant seven (7) parking spaces located
by the Health Department entrance to the building and one (1)
Handicapped parking space.
21 of 53
ADDENDUM "S'
August 20, 1986
OAK"..AND COUNTY
FACILITIES MAINTENANCE OPERATIONS DIVISION
Custodial Services Contract
Social Services Buildfng
196 Oil and Avenue
Pontiac, MI 48058
Information and Specifications
Reference:
PART 1: GENERAL CONDITIONS
1.1 SCOPE:
The Contractor will provide the necessary labor, equipment, material, and
supervision for all custodial services to be specified at the following
facility:
Social Services Building
196 Oakland Avenue, Pontiac, MI 48058
1.2 DEFINITIONS:
From this point forward any reference to Oakland County, the County,
management, or Facilities Maintenance & Operations are understood to
mean: Oakland County, Department of Central Services, Facilities
Maintenance & Operations Division, Custodial Unit, One Public Works
Drive, Pontiac, Michigan, 48054.
1.3 RIGHT' TO ACCEPT, REJECT, AND WAIVE DEFECTS: —
The County reserves the right to accept any proposal, to reject any and
all proposals, and to waive any defect or irregularity in any proposal if
it is deemed to be advantageous to the County.
1.4 CONTRACT DURATION:
The Contract will be for two (2) years from the date of acceptance
subject to the Contract termination clause. The successful bidder will
be required to execute the Contract within thirty (30) days after
receiving notice of acceptance.
1.5 PAYMENT OF CONTRACT:
The Contractor shall invoice the County monthly for services rendered
dJring the prior month, The invoice is to include the number of hours
worked at this building and the hourly labor rate. The County shall pay
monthly based on satisfactory performance of the Contract during the
month invoiced.
22 of 53
Srr -rices Contract
Social Servi..:e Building
. August 20, 1986
Page 2
1.6 COUHTf RIGHT TO COMPLETE:
In the event the Contractor shall fail, neglect, or refuse to perform any
and all services under this Contract, the County may perform such duties
under the Contract and charge the Contractor or to deduct the amount from
his payment.
1.7 COUNTY RIGHT TO CANCEL:
The County retains the right to cancel all or part of this Contract given
what it determines to be good and warranted cause. Should this be
necessary, the Contractor will be given thirty (30) days notice in
writing. In case of gross non-compliance termination could be effective
immediately.
1.8 OWNER'S REPRESENTATIVE:
The County's representative for administration of this Contract shall be
Glenn Harrelson, or his designee, of Facilities Maintenance & Operations,
Custodial Unit, phone 858-0193. Contact him for any problems during the
length of the Contract.
1.9 ASSIGNMENT OF CONTRACT:
The Contractor shall not assign, transfer, or in any means dispose of,
the Contract or any part thereof without the written consent of the
owner.
1.10 PROPOSAL GUARANTEE:
Each proposal shall be accompanied by a satisfactory Bid Bond or
certified check in an amount equal to five percent (5%) of the annual
proposal amount.
1.11 INDEMNIFICATION AND SAYE HARMLESS:
. The Contractor agrees to indemnify Oakland County from any and all _ .
liability, or loss or damage that the County may suffer as a result of
claims, demands, causes, or judgments against them arising out of
custodial services to be performed when the liability, loss or damage is
caused by, or arises out of, the actions of the Contractor, his agents or
employees.
1.12 INSURANCE:
A. The Contractor shall continuously maintain during the life of the
Contract insurance coverage of the following types and amounts
specified.
Custodial Ser4ices Contract
Social Service Building
'August 20, 1.936
Page 3
(1) Comprehensive General Liability -- The Contractor shill take
out and maintain during the life OF the Contract such Public
Liability and Property Damage Insurance (construed as including
Contractor's contingency or Protective Insurance to protect the
Contractor from damage claims arising from operations under the
Contract) as shall protect him from claims for damages for
personal injury, including accidental death, as well as from
claims for property damages, which may arise from operations
under the Contract, whether such operations be by himself or by
any subContractor or by anyone directly or indirectly employed
by either of them. The amount of such insurance shall be as
follows:
(a) The liability coverage shall include completed operations,
xcu coverage, and personal injury.
(b) General Liability -- Comprehensive General Liability in
the amount of $G00,000 per occurrence, combined single
limit.
(2) Automobile Insurance Comprehensive Automobile Liability and
Property Damage Insurance in the amount shown in (b) above.
The insurance is to include Non-Ownership and hired car Motor
Vehicle Bodily Injury and Property Damage.
1.13 SAFETY:
The Contractor shall perform all work in accordance with "The General
Safety Rules and Regulations for the Construction Industry" as
promulgated by the State Construction Safety Commission under the
authority of the Safety Act, Act 89, or the Public Acts of 1963, as
amended and the Federal Occupational Safety and Health Act, of 1970.
Public law 91-596, 84 Stat. 1590, as amended.
1.14 NON-DISCRIMINATION:
In connection with the performance of work under this Contract, the
Contractor agrees not to discriminate against any employee or applicant
for employment because of sex, race, religion, color, or national origin.
The aforesaid provision shall include, but not to be limited to the
following: recruitment or recruitment advertising; employment,
upgrading, demotion or transfer; layoff and selection for training,
including apprenticeship.
PART 2: SERVICE INFORMATION
2.1 AREA:
A. The approximate total area of floor surfaces to be cleaned is as
follows: (See attached shaded floor plan for additional
information.)
24 of 53
Cultoiat SerS Contract
. Social Service BJilding
• August 20, 19 2 6
Page 4
14,S84 Square Feet of Resilient Tile
34, 631 Square Feet of Carpeting
492 Square Feet of Ceramic Tile
12,246 Square Feet of Concrete (Garage area)
61,953 TOTAL SQUARE FEET
2.2 DAYS/HOURS OF WORK:
A. The specified custodial services are to be provided five evenings
per week, Monday through Friday, starting time will be at 5 p.m.
Oakland County reserves the right to modify and/or change starting
time if necessary.
B. Listed below is the 1986-1987 Oakland County and State of Michigan
Holiday List. Custodial Services are not required on these dates.
New Year's Day
Martin Luther King's Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
January 1
The third Monday fa January
The third Monday in February
The last Monclay in May
July 4
The first Monday in September
November 11
The fourth Thursday in November
The Friday following Thanksgiving
December 24
December 25
December 31
A holiday that falls or Saturday shall be observed on the preceding
Friday. A holiday that falls on Sunday shall be observed on the
following Monday.
When Christmas Eve or New Year's Eve falls on Friday, the holiday
shall be observed on the preceding Thursday. When Christmas Eve or
New Year's Eve fallson Sunday, the holiday shall be observed on the
preceding Friday.
.C. The Contractor will schedule all work to be done on a non-
interfering basis with the building operation as far as practical.
The work schedule is to be approved by County management.
2.3 TIME CLOCKS:
The Contractor's staff will be required to clock in at the beginning of
the work shift and clock out at the end of the work shift. Time cards
25 of 53
Custodial Services Cortrac:
Social Service Buildn3
August 20, 1986
Page 5
and time clock will be provided by the County of Oakland. Time cards
would be submitted by the Contractor wee -0y to Mr. Glenn :larrelson,
Facilities Maintenance & Operations, Custodial Unit, One Public '4orks
Drive, Pontiac, Michigan, 48054.
2.4 GENERAL SPECIFICATIONS:
A. The work covered in this Specification includes furnishing all
labor, equipment, supplies, and supervision necessary for a complete
custodial service. It shall be understood that in addition to these
services, all tasks incidental to cleaning functions not
specifically listed but normally included in general custodial
practices will be provided.
B. Cleaning Specifications will apply to the present location of rooms
and minor alterations in the physical layout or changes in operation
will not affect the provisions of the Contract.
C. The custodial and frequency schedule indicate the minimum
acceptable c eaning_ requencies.
D. The Contractor will employ only personnel who are proficient in
performing custodial services using modern equipment, methods, and
techniques. All custodial personnel shall present a neat, clean,
and well-groomed appearance and be of good moral character. The '
County reserves the right to require the replacement of any employee
whose deeds or conduct is detrimental to the County.
E. Contractor's employees shall not utilize any -County telephones,
office equipment or furnishings.
F. The Contractor shall provide Oakland County and keep current, a list
of all employees, by name, title and address, which are under the
employ of the Contractor and assigned to work at this facility.
G. Contractor employees shall eat and take breaks in assigned areas
only.
H. All custodial employees assigned to this facility are required to:
(1) Wear distinctive and matching uniforms_
(2) Wear color photo and clearly readable identification card on
their left breast pocket.
(3) Pass security clearance through the Oakland County Department
of Central Services, Safety Division.
26 of 53
Custodial Service; Conr-ac..!:
.Social Serije 3uiliin3
August 20, t986
Page 6
I. Upon tne completion and during the sequence of their duties,
custodial personnel will turn off all lights in the unoccupied areas
unless otherwise directed. It is also the responsibility of the
custodial personnel to check for open or unlocked doors and windows
and to close and secure tnem. When difficulty is encountered in
keeping areas locked or windows closed and locked, County management
shall be notified.
J. Any conditions in the facility that may require repair shall be
reported to the County. For example, railings, dripping faucets,
damaDed walls, etc.
K. The Contractor is responsible for instructing their employees in
appropriate safety measures. Custodial employees will not place
mops, brooms, machines, and other equipment in traffic lanes or
other locations in such a manner as to create safety hazards.
Appropriate signs to indicate danger/hazardous floors, walk left or
right, etc., shall be provided by the Contractor. Such signs will
be displayed at all times in an area where cleaning requires the use
of any equipment or supplies such as buckets, water, wax, etc.,
which could cause a traffic obstruction or personal hazard.
Cleaning techniques will be implemented to minimize situations where
personnel must cross a wet surface to gain access to other parts of
the building.
PART 3: CONTRACTOR AND EQUIPMENT INFORMATION
3.1 CONTRACTQR'S PROPOSAUBID)
-
The bidder shall identify the business entity as individual, assumed
name, partnership (naming partners), or corporation. Indicate the
official capacity of the person (persons) executing the proposal and bid.
The Contractor is to include wie oroposa/ for the specified work the
Thformat ion. the requested information will
result in rejection of the Contractor's bid.
(1) The number of years the Contractor has been in business.
(2) The number of full time hourly employees employed by your company.
(3) The number of part time hourly employees employed by your company.
(4) The number of salaried supervisory employees employed by your
company.
(5) A list of not less than five (5) organizations where the Contractor
is currently providing custodial services. This list is to include
the names and telephone numbers and contact personnel at each
organization.
27 ot 53
Custodial Services Contract
Social Service 3uilding
'August 20, 1986
Page 7
(6) A list of three (3) organizations where the Contractor is no longer
providing custodial services. This list is to include the names and
telepnone numbers of contact personnel at each organization.
(7) The number, square footage, and type of facilities presently being
serviced.
(8) A complete list of all equipment to be used by your company at this
facility. This list is to include the quantity, brand name, type,
and size.
(9) A complete list of all materials and/or supplies to be used by your
company at this facility. This list is to include brand name and
product number.
(10) Hourly rate to be charged for additional requested work not covered
by the Specifications.
(II) The average daily hours of labor to be worked in this building as a
part of this Contract.
3.2 SUPERVISION AND CONTRACT ADMINISTRATION
A. Competent supervision is to be furnished s.1211y. by the Contractor.
B. The responsibility for inspection and conformance to Specifications
rests with the Contractor. Weekly inspection reports will be made
by the Contractor and given to the County representative in writing
noting conditions of the building and conformance to the required
Specifications. Inspections will also be made by County personnel
at any time.
C. The Contractor will correct, within 24 hours, deficiencies for any
activity labeled as daily, weekly or monthly. The Contractor will
correct, within 48 hours, any deficiency in any activity noted as
quarterly, semi-annually, or annually. Should the Contractor fail .
to correct these deficiencies within the time stated, the Contractor
may be considered in default of the Contract. The County may take
one or all of the following actions:
(I) For daily deficiencies, correction will be made by the County
and deduction for actual cost will be made from the monthly
billing.
(2) Procure service for correction of the deficiency from other
sources and hold the Contractor responsible for any costs
occasioned thereby.
(3) Terminate Contract.
28 of 53
. Custodial Ser4ices Contract
. Social Service Building
August 20, 1986
Page 8
3.3 SUPPLIES
A. For the treatment of various types of flooring, carpeting,
furniture, etc., only such materials recommended and approved by the
manufacturers and County shall be used.
8. Prior to the start of the Contract, the Contractor shall submit for
approval a complete list of brand names and product number of all
supplies to be used in fulfilling this Contract. An acceptable
substitute shall be immediately furnished for any rejected item.
C. The Contractor is to include the cost for all paper supplies in
their proposal.
D. The Contractor is to include in their proposal the cost of Vestal
#6266-60 medicated lotion soap (no substitutes) to be used in the
#4633-5 Vestal dispensers presently located throughout the facility.
3.4 EQUIPMENT
A. Prior to start of the Contract, the Contractor shall submit for
approval a complete list of equipment by brand name, type, and size
to be used in fulfilling this Contract.
8. All power and hand equipment will be furnished by the Contractor.
The Contractor shall be responsible for keeping all equipment and
tools in proper repair. Any damage caused to the building or
furnishings in the building occasioned by the Contractor's failure
to keep said equipment in proper repair, or damage resulting from
use of said equipment shall be the responsibility of the Contractor.
The owner shall repair, said damage and back charge the Contractor
that amount. Any equipment found to be defective will be removed
from the premises by the Contractor.
C. Non-expendable items must be identified as the Contractor's through
stenciling or other means.
D. The Contractor is solely responsible for all items stored on the
premises. A locked storage area will be provided by the County.
3.5 DEFINITIONS:
The following definitions will be considered the minimum acceptable
standard for the activities performed under this Contract.
A. Wet Mopping and Scrubbing
(I) The floors shall be properly prepared, thoroughly swept to
remove all loose dirt and debris, gum, tar and other foreign
substances.
29 of 53
Custodial Servic Contrac!..
Social Service 61.1ding
August 20, 1986
Page 9
(2) Upon completion of wet mopprig or scrubbing, the floor shall oe
clean, free of dirt, stains, spills, mars, mop marks, and
properly rinsed and dry mopped to present a clean appearance.
(3) All surfaces shall be dry with corners, cracks and splice
joints clean. Base shoe, walls, furniture, doors, etc., shall
be wiped to remove any streaks or splashes.
(4) Germicidal disinfectant solution shall be used on all
restrooms, laboratories, clinics, examining rooms, fixtures and
equ i pment when cleaning because of the high risk for
contamination and the transmission of infection.
B. Floor Finishing and Buffing
(1) Floor finish shall be applied in a thin, even coat and machine
buffed immediately after drying. The number of coats applied
will depend on the use and condition of the floor but in no
case will be less than two coats be applied.
(2) At the stated frequencies, floors shall be wet mopped and
buffed between regular floor finishing operations. The floor
shall be properly swept free of all loose dirt prior to
mopping.
(3) Upon completion of wet mopping, the floor shall be clean and
free of dirt, water streaks, mop marks and properly rinsed, and
dry mopped to present a clean appearance.
-
(4) All surfaces shall be dry with corners, cracks, and splice
joints clean after ir.et mopping.
(5) The floor area will be machine spray buffed to restore the
gloss to the floor. Finish floor as necessary to restore floor
to clean, bright appearance. Do not allow floor finish buildup
at edges or corners and blend floor finish into existing floor
finish leaving no demarcation line between the two.
C. Stripping and Sealing
(1) There shall be complete removal of all dirt, floor finish and
other substances in returning floor to its original surface.
All corners, edges, cracks, splice joints and around other
floor mounted apparatuses shall be completely cleaned.
(2) Two thin coats of appropriate sealer shall be applied with
caution to prevent streaking or bleaching of the floor surface.
This application shall be applied in accordance with the
manufacturer's recommendation and shall be compatible with the
floor finish to be used.
30 of 53
Custodial Services Contract
'Social Service Building
August 20, 1986
Page 10
U. Carpet Shampooing
Carpets shall be steam cleaned or cleaned with an enzyme type
foamer/scrubber with water pickup capable of reducing remaining
water to a minimum of 10 percent (10%). by weight moisture content.
Prior to cleaning, all severe spots and stains shall be removed so
as to present a uniform appearance after cleaning,
E. Rugs, Carpets, and Upholstery
(1) After vacuuming, all rugs shall be free from dust balls, dirt
and other debris. Areas not reached by vacuum, shall be
broomed prior to vacuuming.
(2) Soft upholstery shall be free of all lint, dust and other
debris. Fabric or nap shall not be damaged by cleaning
procedure.
F. Dusting
(1) Dusting residue shall not be moved from spot to spot but
removed directly from the area in which it lies by the most
effective means appropriate; treated dusting cloths or vacuum
tools.
(2) There shall be no dust streaks remaining on any surface,
including corners, ledges, shelves, molding, etc.
(3) There shall be no oils, spots, smudges, or residue from dusting
aids on dusted surfaces.
G. Damp Wiping
This task consists of using a clean, damp cloth or sponge to remove
all dirt spots, streaks from walls, glass or other specified
surfaces, and then drying to provide a polished appearance.
H. Furniture Upkeep
(1) Desks, files, tables, cabinets, etc., shall be kept free of
fingerprints, stains, smudges, etc. Chrome legs and edgings
shall be cleaned free of marks and polished to a bright
appearance.
(2) Water fountains shall be disinfected with germicidal
disinfectant solution; the chrome, stainless steel and cabinets
polished to a clean, bright appearance.
31 of 53
Cultodial Servi::es Contrdct
Social Service Builc"ing
*August 20, 1986
Page 11
I. Monthly Tasks
Tasks which are to be completed in their entirety each month. The
Contractor is expected to work on part or these tasks daily.
J. Quarterly Tasks
Tasks which are to be completed in their entirety four (4) times per
year, once each quarter. Contractor is expected to work on part of
these tasks daily.
K. Semi-Annual Tasks
Tasks which are to be completed each six (6) months. Contractor is
expected to work on these activities each week so as to complete
them at the conclusion of each six (6) month period.
L. Annual Tasks
To be completed in their entirety one (1) time per year. Contractor
is expected to work on these activities in an on-going fashion
throughout the year.
PART 4: CUSTODIAL CLEANING TASK AND FREQUENCY SCHEDULE
4.1 OFFICE AREAS:
A. Daily
(1) Empty all ashtrays and wipe clean.
(2) Empty and reline all wastebaskets with plastic liners.
(3) Vacuum all traffic areas and obvious soil.
(4) Clean horizontal surfaces of all furniture, ledges, and window
sills.
(5) Spot clean furniture, walls, carpeting, partition glass, wall
switch plates and door hardware.
(6) Dust mop and damp mop resilient tile floors.
(7) Clean and disinfect telephones.
B. Weekly
(1) Vacuum all carpets thoroughly on a five-night rotation.
(2) Dust and damp wipe vertical surfaces of all furniture.
32 of 53
Custodial Services Corr4ct
Soeial Service Building
AuguSt 20, 1986
'Page 12
(3) Dust and damp wipe all ledges and window sills.
(4) Wash or polish all desk tops that are cleared of work papers.
(5) Spray buff floors on a five-night rotation.
(6) Wash interior glass.
(7) High dust ceilings including vents and walls.
C. Monthly
(1) Vacuum upholstered chairs and cushions.
(2) Wash and dry vents End light fixtures.
(3) Pile lift if carpeted area.
4.2 CONFERENCE ROOMS
A. Daily
(1) Empty and reline all wastebaskets with plastic liners.
(2) Vacuum all traffic areas and obvious soil.
(3) Clean horizontal surfaces of all furniture, ledges, and window
sills.
--
(4) Spot clean furniture, walls, carpeting, partition glass, wall
switch plates and door hardware.
(5) Dust mop and damp mop resilient tile floors.
(6) Clean and disinfect telephones.
(7) Replace furniture in proper location.
B. Weekly
(1) Vacuum all carpets thoroughly on a five-night rotation.
(2) Dust and damp wipe vertical surfaces of all furniture.
(3) Dust and damp wipe all ledges and window sills.
(4) Wash or polish all desk tops that are cleared of work papers.
(5) Spray buff floors on a five-night rotation. '
(6) Wash interior glass.
33 of 53
Custodial Services Contract
•Social Service Building
August 20, 1986
Page 13
(7) High dust ceilings including vents and walls.
C. Monn7y
(1) Vacuum upholstered chairs and cushions.
(2) Wash and dry vents and light fixtures.
(3) Pile lift IF carpeted area.
D. Semi-Annually
(1) Strip and refinish all resilient tile floors. Apply minimum of
two (2) coats floor -Tinish.
(2) Wash and dry all interior glass.
(3) Shampoo carpet if necessary.
4.3 RESTROOMS
A. Daily
(1) Ceramic tile floors, shall be swept and wet mopped with
germicidal disinfectant solution.
(2) Vinyl tile floors shall be swept and wet mopped with germicidal
disinfectant solution.
(3) Clean ceramic tile walls and toilet partitions with germicidal
disinfectant solution.
(4) Stools, seats, and urinals shall be thoroughly washed inside
and out with a disinfectant detergent. Seat shall be left in a
raised position. Wash basins shall be cleaned and wiped free
of all water marks. All mirrors, shelves, chrome fixtures,
pipes and dispensers shall be damp wiped and polished dry.
Special attention shall be given to floors around toilets, and
urinals, for elimination of odors and stains to provide a
uniformly clean and sanitary appearance throughout.
(5) Empty and clean all trash containers using germicidal
disinfectant solution, prior to relining with plastic liners.
(6) Empty and clean all ashtrays using germicidal disinfectant
solution.
(7) Clean all upholstery.
3401 53
Custodial Series Contract
Social Service Building
August 20, 1986
Page 14
(3) Empty and disinfect all sanitary napkin receptacles with
germicidal disinfectant solution in locations where needed.
Reline with wax bag.
(a) The Contractor shall e responsible for the purchase and
supply of sanitary napkins.
(5) All profits from the sale of sanitary napkins shall be to
the benefit of the Contractor.
(9) Replenish all supplies such as paper towels, toilet tissue,
sanitary napkins, and hand soap. Contractor shall furnish and
replenish to maintain an adequate supply of these items.
(10) Dust window sills, ledges, grills, and partitions, etc. Spot
clean wall surfaces, partitions, and doors. Splashings about
lavatories, and urinals shall be removed. Switch plates, door
push plates, and kick plates shall be maintained in a polished
condition.
(11) Clean tables and chairs.
B. Weekly
(1) Partitions, doors, walls, sills, and ledges shall be washed
with a disinfectant detergent not harmful to surface.
(2) Clean and refill floor drain traps to be free of odor.
(3) Spray buff tile floors.
C. Monthly
(1) Spray clean, disinfect and descale toilets.
(2) Spray clean, disinfect and descale urinals.
(3) Wash and dry waste receptacles.
D. Semi -Annual
(1) Strip and refinish resilient tile.
(2) Apply floor finish - minimum of two (2) coats.
4.4 MEDICAL AID EXAMINING ROOMS
A. Daily
(I) Empty all ashtrays and wipe clean,
35 of 53
Custodial Services Contract
Social Service Building
'August 20, 1986
Page 15
(2) Empty all wastebaskets, reline as necessary.
(3) Dust mop tile floors.
(4) Damp and/or wet mop with disinfectant.
(5) Vacuum all carpeted traffic areas and obvious soil,
(6) Clean horizontal surfaces of all furniture, ledges, and window
sills.
(7) Spot clean furniture, walls, carpeting, mirrors, partition
glass, wall switch plates, and door hardware.
(8) Clean and refill soap dispensers.
(9) Clean and refill towel dispensers.
(10) Damp clean medical exam equipment with disinfectant.
(11) Clean and disinfect telephones.
B. Weekly
(1) Clean refrigerator inside and out.
(2) Vacuum all carpets thoroughly on a five-night rotation. .
(3) Erase and clean chalkboard.
(4) Dust and damp wipe vertical sufaces of all furniture.
(S) -Spot shampoo upholstered furniture.
(6) Dust and damp wipe 411 ledges and window sills.
(7) Wash or polish all desk tops that are cleared of work papers.
(8) Spray buff floors on a five-night rotation.
(9) Spot wash interior glass and mirrors.
(10) Clean miscellaneous horizontal surfaces.
(11) Dust and damp clean all pictures, etc.
C. Monthly
(1) Clean doors and door frames.
(2) Vacuum upholstered chairs and cushions.
36 of 53
Cultodial Servies Contract
' Social Service Building
.August 20, 1986
Page 16
(3) Wash and dry wastebaskets.
(4) Wash and dry all interior glass.
(5) Machine disinfect wash tile floors..
0, Semi-Annually - Or As Necessary
(1) Strip and refinish all resilient tile floors. Minimum two (2)
coats finish.
(2) Move and replace furniture.
(3) Shampoo or steam clean all carpeting.
4.5 CAFETERIAS AND DINING ROOM
A. Daily
(I) Empty waste containers and reline as necessary.
(2) Empty and wipe clean all ashtrays
(3) Dust mop.
(4) Damp mop.
(5) Hand scour sink basins.
(6) Clean and disinfect telephones.
(7) Clean all tables and chairs and furniture.
(8) Clean miscellaneous horizontal surfaces.
(9) Clean vending machines.
(10) Clean and refill towel dispensers.
(11) Spot clean wall switch plates and door hardware.
(12) Vacuum all carpeted traffic areas and obvious soil.
B. Weekly
(I) Clean refrigerator.
(2) Clean and refill soap dispenser.
(3) Wash all interior glass and mirrors.
37 of 53
Cultodial Services Contract
Social Service Building
%August 20, 1986
Page 17
(4) Damp wipe all ledges and window sills.
(5) Clean doors and door frames.
(6) Spray buff Floors on a five-night rotation.
(7) Oust and damp clean all pictures, etc.
(8) Vacuum all carpeted areas thoroughly.
(9) Spot shampoo carpet and/or upholstered furniture as necessary.
C. Monthly
(1) Machine wash all tile floors.
(2) Wash and dry all waste receptacles.
(3) Wash and dry all interior glass.
D. Semi-Annually
(1) Move all furniture.
(2) Strip and refinish all the floors. Minimum two (2) coats floor
finish and replace furniture.
(3) Shampoo or steam clean all carpeted areas.
4.6 HALLWAYS, CORRIDORS, AND LOBBIES
A. Daily
(1) Floors shall be dusted, wet mopped, and buffed. -
(2) Clean all entrance ways and vestibule glass, inside and out.
(3) All displays, pictures, and furniture to be cleaned with a
treated dust cloth. Vinyl furniture to be damp wiped.
(4) Sweep and remove liter and debris from exteflor entrance walk
way.
(5) Vacuum all rugs and carpeting, and spot clean.
B. Weekly
(1) Clean all entrance way and vestibule glass, inside and out.
(2) Floors shall be wet mopped, scrubbed, refinished, and spray
buffed.
38 of 53
Custodial Services Contract
Social Service 2uilding
August 20, 1986
Page 18
(3) V3CjUM all carpet toroughly on a five-night rotation.
C. Monthly
(1) Pile lift if carpeted.
O. Semi-Annual
(1) Strip and refinish all resilient tile floors.
(2) Shampoo carpet.
4.7 CUSTODIAL CLOSET
A. Daily
(1) Empty, clean, and reline all waste containers with plastic
liners.
(2) Dust mop and damp mop floor.
(3) Clean service sinks.
(4) Place all supplies in the proper location.
(5) Clean all equipment and store in proper location.
B. Weekly
(1) Scour service sinks inside and out.
(2) Spot clean walls, doors, frames, etc.
(3) Wet mop with disinfectant solution.
(4) Spray buff.
(5) Clean and refill paper towel dispensers with Scott #151 paper
towels.
C. Monthly
(1) Fill floor drain.
(2) Rotate stock.
D, Annually
(1) Strip resilient floor tile and refinish minimum' two coats.
(2) Paint floor if painted surface.
39 of 53
Custodial Services Contract
, Social Service Building
August 20, 1986
Page 19
4.8 GARAGE AREA
A. WIMP Mal-41Y
Sweep down completely.
B. daliii011111•111 AA o
Hose down and squeegee down completely.
4.9 TRASH REMOVAL
The trash is to be removed on a daily basis From the building to a
dumpster located on the site.
40 of 53
ADDENDUM "C"
SECURITY
Landlord shall provide interior Gaurd service weekdays between
the hours of 7:00 a.m. and 7:00 p.m. and access control devices for
non-client entry control, secured areas and for after hour Tenant
access.
41 of 53
_
ACCENCIM
Services. LANDLORD 'agreSs to provide, at its own
. expense, and shall be responsible for all maintenance, custodial,
and operational services in accordance with Exhibit B attached
hereto and made a part hereof. In addition to the maintenance of
mechanical and electrical systems are such incidental items as
heating/cooling adjustments, light bulb replacements, leaky faucet
and clogged drain repairs, etc. LANDLORD is also responsible, at
its own expense, for trash removal, snow and ice removal from
sidewalks, steps and parking areas, complete parking lot
maintenance, lawn care services, and complete janitorial services
performed in accordance with AdohnliamlB.
42 of 53
EXHIBIT "C"
BASEMENT AND LICENSE AGREEMENT
THIS AGREEMENT made this day of
1995, by and between the County of Oakland, a Michigan municipal
and constitutional corporation, whose address is 1200 N. Telegraph
Road, Pontiac, Michigan 48341 (hereinafter referred to as "County")
and 196 Oakland Properties, LLC, a Michigan limited liability
company, whose address is 40 W. Howard Street, Pontiac, Michigan
48053 (hereinafter referred to as "Grantor").
RECITALS
WHEREAS, simultaneously with this Agreement, 196 Oakland
Properties, LLC is purchasing from the County of Oakland certain
real property located in the City of Pontiac, Oakland County,
Michigan (hereinafter referred to as "Sale Parcel"); and being more
fully described in Exhibit "A" attached hereto and inuutporaLed by
reference. (Tax Sidwell No.# 14-29-205-003 & 14-29-206-010)
WHEREAS, the County of Oakland currently maintains and
operates a radio communication tower ancillary equipment and radio
operations buildings on a portion of the property ( hereinafter
collectively referred to as "County Communications Facility"); and
WHEREAS, the County of Oakland and 196 Oakland Properties, LLC
is desirous of providing the County with the ability to continue to
operate the County Communications Facility.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties
as follows:
In and for consideration of Ten ($10.00) Dollars and the
mutual covenants and conditions contained herein:
1. Grant of. License ligreement. Grantor herein grants onto
the County a license over and upon that portion of Grantor's
property as more fully described as the Licensed Parcel in Exhibit
"B" attached hereto and incorporated by reference for the purpose
of maintaining and operating the County Communication Facility.
a. During the term, the County shall have the right
to alter, improve, replace and/or modify any component of the
existing County Communication Facility at the County's own
cost and expense so long as the same does not create an
unreasonable health and/or safety hazard to the occupants of
Purchaser's contiguous property.
b. The parties acknowledge that during the term of the
License Agreement, the County shall be authorized to lease
43 of 53
space on the radio tower to third parties without Grantor's
prior consent.
c. During the term of the License Agreement, the
County shall be authori2ed to limit access to the Licensed
parcel to any persons by means of fences and gates. However,
access shall be made available to Grantor upon Grantor showing
of good cause.
d. During the term of the License Agreement, Grantor
agrees to provide County resonable access and easement rights
for necessary utilities, including up to two hundred (200)
telephone lines, for operation of the County Communication
Facility through Grantor's contiguous property.
e. Grantor agrees that the electronic and radio
equipment used in Grantor's building shall be limited to
equipment licensed and operated in accordance with the
applicable rules and regulations of the Federal Communications
Commission (hereafter "FCC").
All electronic and radio equipment used in the
building shall be maintained and operated in strict accordance
with any manufacturers' recommendations and specifications and
within normal operating specifications.
Grantor shall not operate any microwave dish or
transmission equipment nor install any external antennas,
transmitters or transmitting devices in or on the building
except for FCC approved cordless telephones, FCC approved
cellular telephones and/or FCC approved garage door opening
device, or permit the use of any shortwave, ham, or amateur
radio, transmitter, or antenna of any kind in or on the
building without County's prior consent, which consent shall
not be unreasonably withheld.
If any electrical or electronic devices installed in
Purchaser's building shall cause interference with any Radio
Communication tower's functioning or operation, Grantor shall,
at the County's expense, cooperate with the County in
undertaking the frequency coordination and acceptability
studies as are necessary to discovery the source of such
interference. The Grantor agrees to undertake, in cooperation
with the County and at County expense, all such reasonable
efforts as deemed necessary by the County to eliminate any
such radio interference, including the adjusting of any
Grantor's equipment frequencies.
In connection with the license, Grantor agrees to
provide the County with five (5) days prior written notice of
any intended interruption of telephone or electrical service
caused by any maintenance or repairs intended to be undertaken
by the Grantor.
44 of 53
This grant of license shall terminate upon the County ceasing
and discontinuing its governmental use of the radio communications
tower for its own governmental functions for a period of nine (9)
consecutive months, not inclusive of any period during which the
County Communications Facity operation and/or function is
interrupted for prolonged or extensive maintenance, repair,
reconstruction or equipment renovation or updating.
The parties hereto acknowledge that this grant of license is
intended to be a license coupled with an interest and irrevocable
until terminated in accordance with the terms provided herein.
2. Easement Grants.
Easement (1): Grantor grants onto the County an easement
for the purpose of ingress and egress to the License Parcel
and to exercise the all rights granted under the License
Agreement within the Licensed Parcel, over and upon that
certain real property described in Exhibit "C" attached hereto
and incorporated by reference.
Easements (2), (3) and (4): Grantor grants onto County
an easement for maintenance of electrical and telephone
utilities to the Licensed Parcel over and upon the following
legal descriptions set forth in Exhibit "D" attached hereto
and incorporated by reference.
Each of the foregoing easements shall terminate upon the
County ceasing and discontinuing its governmental use of the radio
communications tower for its own governmental functions for a
period of nine (9) consecutive months, not inclusive of any period
during which the County Communications Facity operation and/or
function is interrupted for prolonged or extensive maintenance,
repair, reconstruction or equipment renovation or updating.
3. Terms and Conditions Applicable to the Grant of License
ond Easements.
a. The County shall, during the term of the License
Agreement and easements granted hereunder, comply with all
applicable governmental laws, ordinances, regulations and
health and fire codes.
b. The County shall, during the term of the License
Agreement and easements granted hereunder, keep the license
and easement parcels free from county related debris and
litter and shall keep the same free from tall grass and leaves
in an otherwise reasonably neat and clean manner.
c. Grantor and County agree that all costs and
responsibility for operation, maintenance, use, repair or
replacement of the radio communications tower and/or related
facilities will be that of the County and that when work
related to the operation, maintenance, use, repair or
45 of 53
CsIgnaturem concinum41 PATRICK D CAMPBELL
NOTAR PUBLIC
OAKLAND COUNTY. MI
WIRE n 2-1-99
replacement is performed, the County will be responsible for
and insure that all grassy areas, bituminous or concrete
streets, curving sidewalks, parking lots and drives that are
disturbed in the course of such work are returned to
substantially the same condition as existed prior to the work.
d. Failure of either party to properly enforce any of
the reservations or restrictions shall not bar elifuLuement, of
the subsequent violation. The invalidation of the License
Agreement or one or more of the easement by any court of
competent jurisdiction during the term of the License
Agreement or Easement Agreements shall in no way affect any of
the remaining easement grants or license grants and the same
shall remain in full force and effect.
e. The easements and licenses granted to the County
shall not be further assigned or devised by the County, except
as may be required by law to a successor governmental entity.
This instrument and the covenants and agreements contained
herein enure to the benefit of and shall be binding and obligatory
upon the heirs, executors, administrators, personal
representatives, successors and assigns of each of the respective
parties.
This Agreement contains the entire agreement between Grantor
and the County relating to the grant of license and easement on the
subject property. Any oral representations or modifications
concerning this Agreement shall be of no force and effect,
excepting a subsequent modification reduced to writing and signed
by each of the parties to be charged.
IN WITNESS WHEREOF the Grantor and the County have executed
this Easement and License Agreement this day of
, 1995.
Subscribed and sworn to before me this day of
1995. aL
'Notary Public
County, MI
My Commission Expires:
46 of 53
WITNESSES: COUNTY OF OAKLAND:
BY:
Its
Subscribed and sworn to before me this day of
1995.
Notary Public
County, MI
My Commission Expires:
47 of 53
EXHIBIT A
PARCEL 1
Lots 13, 14, 33, 34, 35, 36, 37, and part of Lots 4, 5, 11. 12, 19, 20, 21, 22 and 32, ncluding part
of vacated Grove Street and vacated alleys, all being part of ''Map of Sanderson & Johnstons
Addition to the City of Pontiac, Oakland County, Michigan. being part of the Northeast 114, part
of the Northwest 1/4 and part of Southwest 114 of Section 29, Town 3 North, Range 10 East",
as recorded in Liber 1 of Plats, Page 33, Oakland County Records, being more particularly
described as follows:
Beginning at the Northeasterly corner of Oakland Avenue (width varies) and Baldwin Avenue
(width varies) at a Southwesterly corner of Lot 37 of said "Map of Sanderson & Johnstons
Addition to the City of Pontiac" (Libel 1 Plats, Page 33, Oakland County Records), proceeding
Thence from said point of beginning North 00 degrees 00 minutes 19 seconds East along the
Easterly line of said Baldwin Avenue, said line being also the Westerly line of part of Lot 37, the
Westerly end of vacated Grove Street (60 feet wide), the Westerly line of Lot 5 and part of Lot
4 of said Subdivision, a distance of 289.59 feet to a point; Thence South 67 degrees 32 minutes
14 seconds East a distance of 428.51 feet to a point on the Westerly line of the Grand Trunk
Western Railroad right-of-way (50 feet wide at this point); Thence South 22 degrees 32 minutes
06 seconds West along said right-of-way line a distance of 304.26 feet to a point on the Westerly
line of vacated Sanderson Avenue (70 feet wide); Thence South 45 degrees 32 minutes 11
seconds West along said Westerly line of vacated Sanderson Avenue, said line being also part
of the Easterly line of Lot 32 of said Subdivision, a distance of 90.07 feet to a point on the
Northerly line of said Oakland Avenue; Thence North 44 degrees 35 minutes 16 seconds West
along said Northerly line of Oakland Avenue, said line being also the Southerly line of Lots 32
through 37 inclusive of said "Map of Sanderson & Johnstons Addition to the City of Pontiac" a
distance of 306.46 feet to the Point of Beginning: Being Parcel 14-29-205-003 on the City of
Pontiac Tax Rolls.
PARCEL 2
Lots 27, 28, 29, 30 and part of Lots 21, 24, 25, 26 and 31 including part of vacated Sanderson
Avenue and vacated alleys, all being part of "Map of Sanderson & Johnstons Addition to the City
of Pontiac," Oakland County, Michigan, being part of the Northeast 1/4, part of Northwest 1/4, and
part of Southwest 1/4 of Section 29. Town 3 North, Range 10 East" as recorded in Liber 1 of
Plats, Page 33. Oakland County Records, being more particularly described as follows.
Beginning at the Southeasterly corner of Lot 29, of said "Map of Sanderson and Johnstons
Addition to the City of Pontiac" said point being North 44 degrees 35 minutes 16 seconds West
as measured along the Northerly line of Oakland Avenue (width varies), a distance of 59.86 feet
from the Northwesterly corner of Oakland Avenue and Clark Avenue (50 feet wide): proceeding
Thence from said point of beginning North 44 degrees 35 minutes 16 seconds West along the
Northerly line of said Oakland Avenue, said line being also the Southerly line of Lots 29, 30, and
part of Lot 31, of said Subdivision, a distance of 101.35 feet to a point on the Easterly right-of-way
196 OAKLAND PURCHASE AGREEMENT
EXHIBIT A Page 1
48 of 53
line of the Grand Trunk Western Railroad: Thence North 22 degrees 32 minutes 06 seconds East
along said Easterly right-of-way line, said line being 25.00 feet Easterly of. as measured at right
angles to. and parallel to tne centerline of said rignt-of-way, a distance of 243 37 feet to a point;
Thence South 88 degrees 23 minutes 28 seconds East a distance of 270 46 feet to an angle
point in the Easterly line of said "Mao of Sanderson & Johnstons Addition to the City of Pontiac";
Thence South 45 degrees 58 minutes 28 seconds West a distance of 70.29 feet to a point;
Thence South 45 degrees 15 minutes 31 seconds West a distance of 269.55 feet to a point;
Thence South 44 degrees 49 minutes 27 seconds West a distance of 71.60 feet to the point of
beginning. Also Lot 23 and part of Lots 15, 16, 17, 18, 19, 20, 21. 24, 25, and 26 including part
of vacated Sarderson Avenue and vacated alleys, all being part of "Map of Sanderson &
Johnstons Addition to the City of Pontiac." Oakland County. Michigan, being part of the Northeast
1/4, part of Northwest 114, and part of Southwest 1/4 of Section 29, Town 3 North, Range 10 East
as recorded in Liber 1 of Plats, Page 33, Oakland County Records, also part of Lot 7 of
"Assessor's Plat No. 32," part of the Northeast 114 Section 29, Town 3 North, Range 10 East, City
of Pontiac, Oakland County, Michigan, as recorded in Liber lA of Plats, Page 32, Oakland County
Records, and being more particularly described as follows: Commencing at the Northwesterly
corner of Oakland Avenue (width varies) and Clark Avenue (50 feet wide), at the Southeasterly
corner of Lot 1 of said "Assessor's Plat No. 32" (Liber 1A of Plats, Page 32. Oakland County
Records), proceeding Thence North 44 degrees 35 minutes 16 seconds West along the Northerly
line of said Oakland Avenue, said line being also the Southerly line of said Lot 1 and then the
Southerly line of Lots 29, 30 and part of Lot 31 of said "Map of Sanderson & Johnstons Addition
to the City of Pontiac" (Liber 1 of Plats, Page 33, Oakland County Records), a distance of 161.21
feet to a point on the Easterly Right-of-Way line of the Grand Trunk Western Railroad; Thence
North 22 degrees 32 minutes 06 seconds East along said Easterly Right-of-Way line, said line
being 25.00 feet Easterly of, as measured at right angles to, and parallel to, the center line of said
Right- of-Way, a distance of 24317 feet to the point of beginning of the parcel of land herein
being described; proceeding Thence from said point of beginning North 22 degrees 32 minutes
06 seconds East along said Easterly Right-of-Way line (50 feet wide) a distance of 245.70 feet
to a point, Thence North 80 degrees 23 minutes 12 seconds East across part of the said "Map
of Sanderson & Johnstons Addition to the City of Pontiac" and then across Lot 7 of "Assessor's
Plat No. 32," a distance of 351.91 feet to a point on the Westerly line of Stockwell Avenue (width
varies); Thence South 00 degrees 10 minutes 08 seconds West along said Westerly line of
Stockwell Avenue, said line being also part of the Easterly line of said Lot 7, a distance of 125.00
feet to a point; Thence North 89 degrees 49 minutes 52 seconds West into the interior of said Lot
7, a distance of 135.00 feet to a point; Thence South 00 degrees 10 minutes 08 seconds West
a distance of 169.67 feet to a point on the Southerly line of said Lot 7; Thence North 88 degrees
24 minutes 28 seconds West a measured distance of 34.92 feet to the Southwesterly corner of
Let 7 of said "Assessor's Plat No. 32"; Thence North 88 degrees 23 minutes 28 seconds West
into the interior of said "Sanderson & Johnstons Addition to the City of Pontiac" a distance of
270.46 feet to the point of beginning. Tax Item No. 14-29-206-010
196 OAKLAND PURCHASE AGREEMENT
EXHIBIT A Page 2
49 of 53
EASEMENT AND LICENSE AGREEMENT
196 OAKLAND
EXHIBIT B
LICENSED PARCEL burdening p arcei
For all purposes in the attached EASEMENT AND LICENSE AGRFFMFNT, the Licensed Parcel
shall be defined and described as being part of Lots 13, 21, 22, and vacated alley, and beginning
at a point on the Northwest line of said Lot 22 distance N45024'44"E, 13.48 Ft. along said
Northwest line from the most Westerly corner of said Lot 22; Thence N2203658"E, 76.97 Ft.;
Thence S44o49'25E, 52.28 Ft.; Thence $22036'58'W, 79.77 Ft.; Thence N52000 1 12'W, 59.65
Ft.; Thence N22036'58" E, 10.87 Ft. to the point of beginning.
Said license being over and across PARCEL 1 on Exhibit A, Tax Sidwell Number 14-29-205-003.
50 of 53
EASEMENT AND LICENSE AGREEMENT
196 OAKLAND
EXHIBIT C
Beginning at the Northwest corner of the above described parcel; Thence S6703214"E r 428.51
Ft. along the North parcel line to the Northeast parcel corner; Thence South 22032'06W, 199.37
Ft. along the Easterly parcel line; Thence N 46024 152"W, 24.54 Ft.; Thence N63o0643"W, 10.0
Ft.; Thence N52000 1 12"W, 72.06 Ft.; Thence N22036`58"E, 87.84 Ft.; Thence N44049251N,
170.24 Ft.; Thence N83003'41"W, 151.0 Ft.; to a point on the West parcel line; Thence
NO00001 9"E, 62.0 Ft. to the Point of Beginning.
Said permanent easement being over and across PARCEL 1 on Exhibit A Tax Parcel 14-29-205-
003.
51 of 53
• •
• • •
EASEMENT AND LICENSE AGREEMENT
196 OAKLAND
EXHIBIT D
EASEMENT 2 B urdening
Beginning at a point on the Easterly line of the above described parcel distance N4503211"E,
90.07 Ft., and N2203206"E, 34.16 Ft. along said Easterly line from the most Southerly parcel
corner; Thence N2203206"E, 157.0 Ft. along said Easterly line; Thence N6702302"W, 44.73 Ft.
to a point on the Southeast line of the above described excepted parcel; Thence S22 036'58"W,
5.0 Ft. along said Southeast line; Thence S67023'02"E, 39.73 Ft.; Thence S22032'06"W, 126.51
Ft.; Thence S45037'381/V, 21.49 Ft.; Thence 844022'22"E, 14.60 Ft. to the Point of Beginning.
Said permanent easement being over and across PARCEL 1 on Exhibit A Tax Parcel 14-29-205-
003.
EASEMENT 3 Burdening
A strip of land 10 feet wide having a centerline described as follows l Beginning at a point on the
Westerly line of the above described parcel distant N22o32'06"E, 199.23 Ft. along said Westerly
line from the Southwest parcel corner; Thence N84038'58"E, 281.32 Ft. to the Point of Ending
on the Southeast parcel fine distant N4404927'1E, 71.60 Ft. and N4501531"E, 269.55 Ft. and
N45058'28"E, 60.31 Ft. along said Southeast line from the most southerly parcel corner.
Said permanent easement being over and across PARCEL 2 on Exhibit A Tax Parcel 14-29-201-
010.
EASEMENT 4. Burdening PARCEL 2
Beginning at a point on the Southeast line of the above described parcel distant N4404927"E,
71.60 Ft. and N4501531"E, 269.55 Ft. and N4505828"E, 36.29 Ft. along said Southeast line
from the most southerly Southeast parcel corner; Thence N4505828"E, 25.0 Ft. along said
Southeast line; Thence N44001 132"W, 20.0 Ft.; Thence 545058 1 281W, 25.0 Ft.; Thence,
544001'32"E, 20.0 Ft. to the Point of Beginning.
Said permanent easement being over and across PARCEL 1 on Exhibit A Tax Parcel 14-29-205-
003.
52 of 53
0
(.31 OAKLAND AVE. Q-2
reo Ct. k.
114.
6,
EASEMENT AREA
RESERVED F OR;
diScIWKib ' 6:5(iNfi
TOWER
cs
N
EXHIBIT "B"
.0.4 In
(50 SOGI AL . autooLBUILDIKELBITE . PLAN.
q I • 1
,. April 6, 1995 6
FISCAL NOTE (Misc. #95105
BY FINANCE AN: J1,,ERSONNET_ COMX:TTEE, ,Jchn P. :\,:cCuL1och,
IN RE: FACILITIES MANAGEMENT - SALE OF COUNTY OWNED PROPERTY IDENTIFIED AS
TAX SIDWELL NUMBERS 14-29-205-003 AND 14-29-206-010 IN THE CITY OF
PONTIAC, COMM ADDRESS 196 OAKLAND
To the Oakland County Board of Commssioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII -G of this Board, the Finance and Personnel Committee has
reviewed Miscellaneous Resolution # 95105 and finds-
1) The resolution authorizes the sale of the Social Services Building to 196
Oakland Properties, L.L.C. for the sum of $318,000, a lease agLeement and
an Easement and License Agreement.
2) The lease agreement for 8097 square feet of office space at $7.00 per sq.
ft. and 5751 sq. ft. of storage space at $2.50 per sq. ft. annually has
been neotiatect for a period of six months, except for 2,546 ft.
office space which must be vacated by April 50, 1993.
3) The License and Easement Agreement grants the County the right ,Locon;_inue
to operate the radio communication tower ancillary equipment and radio
operations buildings located on a portion of the property until such time
as the County ceases to use the radio communications for its own
governmental functions for a sum of $10.00.
4) The proceeds of the sale will be deposited in the Capital Improvement Fund
#40100, Account #3-40100-955-01-00-2561, Sale of Land and Buildings.
5) The budget be amended, as specified below, to adjust those operations
currently located at 196 Oakland and the Facilities Maintenance and
Operations Division.
3-63100-147-01-00-2367 Office Space Rental - County
3-63100-147-01-00-2370 Office Space Rental - Other
4-10100-909-01-00-3658
4-10100-138-40-00-6310
4-10100-138-40-00-3390
4-10100-138-50-00-6310
4-10100-167-01-00-6310
4-10100-167-01-00-3658
4-10100-411-01-00-6310
4-10100-433-10-00-631C
4-10100-902-01-00-9215
4-22100-162-01-00-3658
4-22100-162-01-30-6310
4-63100-147-19-00-3719
4-63100-147-19-00-4E82
4-63100-147-45-00-3374
4-63100-147-55-00-3390
4-63100-147-G0-00-3780
Rent
Bldg Space Cost Allocation
Heat, Lights Si Utilities
Bldg Space Cost Allocation
Bldg- Space Cost Allocation
Rent
Bldg Space Cost Allocation
Bldg Space Cost Allocation
Social Services Buildings
Rent
Bldg Space Cost Allocation
Sublet Repairs
Maintenance Supplies
Gas - Natural
Heat
Water and Sewage Charges
280,772
.4.056)
4, 055
24,384)
(108,712)
108,712
(1,102)
(9,889)
196,573)
7,189
56.013)
0
(400,729)
(348,303)
(92,587)
(38,802)
(76,825)
_(11,638)
($568,155;
be adjusted at the 6) Budgets
tire of
for those grants located at 196 Oakland will
grant acceptance.
pERsc-NNE,
,
„
County of Oakland at Pontiac, Michigan this 6th day oC.A9ril
Resolution #95105 April 6, 1995
Moved by Palmer supported by Holbert the resolution be adopted,
AYES: Palmer, Pernick, Powers, Schmid, Taub, Wolf, Amos, Crake, Devine,
Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar,
Kingzett, Law, McCulloch, McPherson, 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 6, 2995 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
Lynn D. Allen, County Clerk