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HomeMy WebLinkAboutResolutions - 1995.10.26 - 24613BUILDING 1OM4ITTEE n MISCELLANEOUS RESOLUTION #95259 October 12, 1995 BY: Planning and Building Committee, Charles Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT, REAL ESTATE SECTION-LEASE AGREEMENT FOR BOARD OF COMMISSIONERS - COMMUNITY MENTAL HEALTH EL CENTRO PROGRAM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS, the closing of the Oakland County Community Mental Health Case Management Program at One Water Street, Pontiac, makes continued tenancy of the El Centro "La Familia" hispanic outreach program in the same location no longer desirable, and WHEREAS, the Department of Facilities Management, Real Estate Section, has been requested by the Director of Oakland County Community Mental Health to assist in relocating the El Centro "La Familia" hispanic outreach program in the downtown area in the City of Pontiac, and WHEREAS, 2,422 square feet of space has been located on the second floor at 35 W. Huron Street in the City of Pontiac, "Riker Building," and WHEREAS, the Department of Facilities Management has negotiated a lease agreement with terms and conditions as follows: 1. County to pay $11,500.00 for build-out cost (renovations). 2. R.Bte, base first year $12.75 per square foot with a 3t annual increase to $14.35, fifth year. 3. All costs included in rate - gas, water-sewer, heat, electricity, and janitorial. 4. Ten reserved parking spaces. 5. County to pay any increase in property taxes over base year amount - pro rata share, and WHEREAS, the Department of Corporation Counsel has reviewed and approves the lease agreement between the County of Oakland and Arnold W. Becker, d/b/a The Riker Building, and WHEREAS, on August 24, 1995, the Oakland County Community Mental Health Services Board approved and passed a resolution accepting the lease agreement between the County of Oakland and Arnold W. Becker d/b/a Riker Building, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and accepts the lease agreement with Arnold Becker d/b/a The Riker Building. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its chairperson to execute the lease agreement between the County of Oakland on behalf of its Community Mental Health Service Board and Arnold W. Becker d/b/a The Riker Building at 35 W. Huron Street, Suite 200, Pontiac, Michigan. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. (1) THIS LEASE made this day of 1995, by and between Arnold D. Becker d/b/a/THE RIKER BUILDING, located at 55 W. Huron, Suite 900, Pontiac, Michigan, 48342 the Lessor, hereinafter designated as the Landlord, and OAKLAND COUNTY (COMMUNITY MENTAL HEALTH (El Centro Program)), located at 1200 N. Telegraph, Pontiac, Michigan, 48341, the Lessee, hereinafter designated as the Tenant, Description: (2) WITNESSETH: The Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed by the Tenant, does hereby lease unto the Tenant the following described premises situated in the City of Pontiac, State of Michigan, to-wit: Suite 200, 35 West Huron Street, Pontiac, Michigan, 48342, Assessor's Plat No. 112, Lot 17, T3N, R10E, Sec. 29 (See attached - Exhibit "A') which contains approximately 2,422 square feet, 2nd floor, north side of building. Term: (3) For the term of five (5) years from and after the 1st day of November, 1995, fully to be completed and ended, the Tenant yielding and paying during the continuance of this lease unto the Landlord for rent of said premises for said term, the sum of One Hundred Sixty Three Thousand Nine Hundred Forty Eight and 79/100 Dollars ($163,948.79) in lawful money of the United States payable in monthly installments in advance, upon the 1st day of each and every month as follows: 12-1-95 - 11-30-96 $2,573.38 per month • 12-1-96 - 11-30-97 $2,650.58 per month • 12-1-97 - 11-30-98 $2,730,09 per month * 12-1-98 - 11-30-99 $2,812.00 per months 12-1-99 - 11-30-2000 $2,896.36 per month • * See item number 43. Rent: (4) The Tenant hereby hires the said premises for the said term as above mentioned and covenants well and truly to pay, or cause to be paid unto the Landlord at the dates and times above mentioned, the rent above reserved. Insurance: (5) In addition to the rentals hereinbefore specified, the Tenant agrees to pay as additional rental any increase on premiums for insurance against loss by fire that may be charged during the term of this lease on the amount of insurance now carried by the Landlord on the premises and on the improvements situated on said premises, resulting from the business carried on in the leased premises by the Tenant or the character of its occupancy, whether or not the Landlord has consented to the same. (6) If the Tenant shall default in any payment or expenditure other than rent required to be pairror expended by the tenant under the terms hereof, the Landlord may at his option make such Payment or expenditure, in which event the amount thereof shall be payable as rental to the Landlord by the Tenant on the next ensuing rent day together with interest at 7% per annum from the date of such payment or expenditure by the Landlord and on default in such payment the Landlord shall have the same remedies as on default in payment of rent. (7) All payments of rent or other sums to be made to the Landlord shall be made at such place as the Landlord shall designate in writing from time to time. Assignment: (8) The Tenant covenants not to assign or transfer this lease or hypothecate or mortgage the same or sublet said premises or any part thereof without the written consent of the Landlord. Any assignment, transfer, hypothecation, mortgage or -2- subletting without said written consent shall give the Landlord the right to terminate his lease and to re-enter and repossess the leased premises. Bankruptcy and Insolvency: (9) The Tenant agrees that if the estate created hereby shall be taken in execution, or by other process of flaw, or if the Tenant shall be declared bankrupt Of insolvent, according to law, or any receiver be appointed for the business and property of the Tenant, or if any assignment shall be made of the Tenant's property for the benefit of creditors, then and in such event this lease may be cancelled at the option of the Landlord. Right to Mortgage: (10) The Landlord reserves the right to subject and subordinate this lease at all times to the lien of any mortgage or mortgages now or hereafter placed upon the Landlord's interest in the said premises and on the land and buildings of which the said premises are a part or upon any buildings hereafter placed upon the land of which the leased premises form a part. And the Tenant covenants and. agrees to execute and deliver upon demand such further instrument or instruments subordinating this lease to the lien of any such mortgage or mortgages as shall be desired by the Landlord and any mortgagees or proposed mortgagees and hereby irrevocably appoints the Landlord the attorney-in-fact of the Tenant to execute and deliver any such instrument or instruments for and in the name of the Tenant. Use and Occupancy: (11) It is understood and agreed between the parties hereto that said premises during the continuance of this lease shall be used and occupied for general office purposes and for no other purpose or purposes without the written consent of the Landlord, and that the Tenant will not use the premises for any purpose in violation of any law, municipal ordinance or regulation, and that on any breach of this -3- agreement, the Landlord may at his option terminate this lease forthwith and reenter and repossess the leased premises. Fire: (12) It is understood and agreed that if the premises hereby leased be damaged or destroyed in whole or in part by fire or other casualty during the term hereof, the Landlord will repair and restore the same to good tenantable condition with reasonable dispatch, and that the rent herein provided for shall abate entirely in case the entire premises are untenantable and pro rata for the portion rendered untenantable, in case a part only is untenantable, until the same shall be restored to a tenantable condition; provided, however, that if the Tenant shall fail to adjust his own insurance or to remove his damaged goods, wares, equipment or property within a reasonable time, and as a result thereof the repairing and restoration is delayed, there shall be no abatement of rental during the period of such resulting delay, and provided further that there shall be no abatement of rental if such fire or other cause damaging or destroying the leased premises shall result from the negligence or willful act of the Tenant, his agents or employees, and provided further that if the Tenant shall use any part of the leased premises for storage during the period of repair a reasonable charge shall be made therefor against the Tenant, and provided further that in case Of the leased premises, or the building of which they are a part, shall be destroyed to the extent of more than one-half of the value thereof, the Landlord may at his option terminate this lease forthwith by a written notice to the Tenant. 1 3) The Landlord after receiving written notice from the Tenant and having reasonable opportunity thereafter to obtain the necessary workmen therefor agrees to keep in good order and repair the roof and the four outer walls of the premises, the common area corridor, the doors & door frames, all window glass, window casings, window frames, windows or any of the appliances or appurtenances of said hallway, doors, all window casings & window frames and windows, or any - 4 - attachment thereto or attachments to said building or premises used in connection therewith, and agrees to be responsible for all plate glass and plate glass replacement during term of this lease. Tenant to Indemnify: (14) The Tenant agrees to indemnify and hold harmless the Landlord from any liability for damages to any person or property in, on or about said leased premises from any cause whatsoever: and Tenant will procure and keep in effect during the term hereof public liability and property damages insurance for the benefit of the Landlord in the sum of Five Hundred Thousand ($500,000.00) Dollars for damages resulting to one person and Five Hundred Thousand ($500,000.00) Dollars for damages resulting from one casualty, and Five Hundred Thousand ($500,000.00) Dollars property damages insurance resulting from any one occurrences. Tenant shall deliver said policies to the Landlord and upon Tenant's failure so to do the Landlord may at his option obtain such insurance and the cost thereof shall be paid as additional rent due and payable upon the next ensuing rent day. Repairs and Alterations: (16) Except as provided in Paragraph 13 hereof, the Tenant further covenants and agrees that he will, at his own expense, during the continuation of this lease, keep the said premises and every part thereof in as good repair and at the expiration of the term yield and deliver up the same in like condition as when taken, reasonable use and wear thereof and damage by the elements excepted. The Tenant shall not make any alterations, additions or improvements to said premises without the Landlord's written consent, which consent shall not be unreasonably withheld, and all alterations, additions or improvements made by either of the parties hereto upon the premises, except movable office furniture and trade fixtures put in at the expense of the Tenant, shall be the property of the Landlord, and shall remain upon and be surrendered with the premises at the termination of this lease. -5- The Tenant covenants and agrees that if the demised premises consists of only a part of a structure owned or controlled by the Landlord, the Landlord may enter the demised premises at reasonable times and instql1 or repair pipes, wires and other appliances or make any repairs deemed by the Landlord essential to the use and occupancy of other parts of the Landlord's building. Eminent Domain: (16) If the whole or any part of the premises hereby leased shall be taken by any public authority under the power of eminent domain, then the term of this lease shall cease on the part so taken, from the day the possession of that part shall be required for any public purpose and the rent shall be paid up to that day and from that day the Tenant shall have the right either to cancel this lease and declare the same null and void or to continue in the possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the premises taken. All damages awarded for such taking shall belong to and be the property of the Landlord whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the premises herein leased; provided, however, that the Landlord shall not be entitled to any portion of the award made to the Tenant for loss of business. Reservation; (17) The landlord reserves the right of free access at all times to the roof of said leased premises and reserves the right to rent said roof for advertising purposes. The Tenant shall not erect any structures for storage or any aerial, or use the roof for any purpose without the consent in writing of the Landlord. Care of Premises: (18) The Tenant shall not perform any acts or carry on any practices which may injure the building or be a nuisance or menace to other Tenants in the building and shall keep premises under his control, clean and free from rubbish and dirt, and it is -6- further agreed that in the event the Tenant shall not comply with these provisions, the Landlord may enter upon said premises and have the rubbish and/or dirt removed, in which event the Tenant agrees to pay all charges that the Landlord shall pay for hauling the rubbish and/or dirt. Said charges shall be paid to the Landlord by the Tenant as soon as bill is presented to him and the Landlord shall have the same remedy as is provided in Paragraph 6 of this lease in the event of Tenant's failure to pay. Condition of Premises at Time of Lease: (19) The Tenant further acknowledges that he has examined the said leased premises prior to the making of this lease, and knows the condition thereof, and that no representations as to the condition or state of repairs thereof have been made by the Landlord, or his agent, which are not herein expressed, and the Tenant hereby accepts the leased premises in their present condition at the date of the execution of this lease. (20) The Landlord shall not be responsible or liable to the Tenant for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the premises hereby leased or any part of the building of which the leased premises are a part or for any loss or damage resulting to the Tenant or his property from bursting, stoppage or leaking of water, gas, sewer or steam pipes. Re-Renting: (21) The Tenant hereby agrees that for a period commencing 90 days prior to the termination of this lease, the Landlord may show the premises to prospective Tenants, and 60 days prior to the termination of this lease, may display in and about said premises and in the windows thereof, the usual and ordinary "TO RENT" signs. -7- Holding Over: (22) it is hereby agreed that in the event of the Tenant herein holding over after the termination of this lease, thereafter the tenancy sh411 be from month to month in the absence of a written agreement to the contrary. Gas, Water, Heat, Electricity: (23) The Landlord will pay all charges made against said leased premises for gas, water, heat and electricity during the continuance of this lease, as the same shall become due. Advertising Display: (24) It is further agreed that all signs and advertising displayed in and about the premises shall be such only as advertise the business carried on upon said premises, and that the Landlord shall control the character and size thereof, and that no sign shall be displayed excepting such as shall be approved in writing by the Landlord, and that no awning shall be installed or used on the exterior of said building unless approved in writing by the Landlord. Access to Premises: (25) The Landlord shall have the right to enter upon the leased premises at all reasonable hours for the purpose of inspecting the same. If the Landlord deems any repairs necessary he may demand that the Tenant make the same and if the Tenant refuses or neglects forthwith to commence such repairs and complete the same with reasonable dispatch the Landlord may make or cause to be made such repairs and shall not be responsible to the Tenant for any loss or damage that may accrue to his stock or business by reason thereof, and if the Landlord makes or causes to be made such repairs the Tenant agrees that he will forthwith on demand pay to the Landlord the cost thereof with interest at 7% per annum, and if he shall make default in such payment the Landlord shall have the remedies provided in Paragraph 6 hereof. -B- Re-Entry: (a) In case any rent shall be due and unpaid or if default be made in any of the covenants herein contained, or if said leased premises stylil be deserted or vacated, then it shall be lawful for the Landlord, his certain attorney, heirs, representatives and assigns, to re-enter into, re-possess the said premises and the Tenant and each and every occupant to remove and put out. Quiet Enjoyment: (27) The Landlord covenants that the said Tenant, on payment of all the aforesaid installments and performing all the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid. Expenses-Damages Re-Entry: (28) In the event that the Landlord shall, during the period covered by this lease, obtain possession of said premises by re-entry, summary proceedings, or otherwise, the Tenant hereby agrees to pay the Landlord the expense incurred in obtaining possession of said premises, and also all expenses and commissions which may be paid in and about the letting of the same, and all other damages. Remedies Not Exclusive: (29) It is agreed that each and every of the rights, remedies and benefits provided by this lease shall be cumulative, and shall not be exclusive of any other of said rights, remedies and benefits, or of any other rights, remedies and benefits allowed by law. Waiver: (30) One or more waivers of any covenant or condition by the Landlord shall not be construed as a waiver of a further breach of the same covenant or condition. -9- Delay of Possession: (31) It is understood that if the Tenant shall be unable to enter into and occupy the premises hereby leased at the time above provided, by reason of the said premises not being ready for occupancy, or by reason of the holding over of any previous occupant of said premises, or as a result of any cause or reason beyond the direct control of the Landlord, the Landlord shall not be liable in damages to the Tenant therefor, but during the period the Tenant shall be unable to occupy said premises as hereinbefore provided, the rental therefor shall be abated and the Landlord is to be the sole judge as to when the premises are ready for occupancy. Notices: (32) Whenever under this lease a provision is made for notice of any kind it shall be deemed sufficient notice and service thereof if such notice to the Tenant is in writing addressed to the Tenant at his last known Post Office address or at the leased premises and deposited in the mail with postage prepaid and if such notice to the Landlord is in writing addressed to the last known Post Office address of the Landlord and deposited in the mail with postage prepaid. Notice need be sent to only one Tenant or Landlord where the Tenant or Landlord is more than one person. (33) It is agreed that in this lease the word "he" shall be used as synonymous with the words "she", "it" and "they", and the word "his" synonymous with the words "her', 'its" and *their". (34) Landlord is responsible for all utilities, taxes and insurance. (35) Upon execution of this lease, Tenant has paid -0- security deposit, (36) Landlord shall provide daily cleaning services Monday through Friday, except holidays. -3.0- (37) The building will be open to the general public during normal business hours. (38) Tenant agrees to pay all legal costs incurred by Landlord for any violations of this lease. (39) Tenant agrees to pay a late fee of 5% of monthly rental rate for any rental payment made after the 5th of the month in which it is due, and an additional 5% for rent not received by the 1st of the following month, (40) Tenant agrees to use only non-combustible decorations during the holidays. (41) Landlord has the right to change assigned parking spaces as may be required. (42) There is a 820.00 charge to replace garage entry cards. Annual Increases: (43) Annual increases for the term of this Lease shall be at the rate of Three Percent (3%) per year SIR C.P.I. increase (whichever is greater). Taxes (Base Year): (44) In addition to the rent specified, the Tenant agrees to pay as additional rent a pro rata share of any increase in real property taxes that may be charged or assessed to the entire building above the 1995 tax year base. The pro rata share of taxes shall be that percentage as established by the ration between the number of square feet leased in relation to the total square footage of the building. Leasable space in the entire building is 55.000 square feet. Floor space under this lease is 2.422 square feet. Tenant, therefore agrees that his pro rata share of tax increases over the bass year shall be 4.4%. -1 1- Parking: (45) The Tenant shall have included with this Lease, at no additional charge, up to ten (10) lot parking spaces in assigned lot. Build Out (46) Tenant shall contribute Eleven Thousand Five Hundred Dollars ($11,500.00) to complete space as drawn (See Exhibit "A"). Landlord shall remove old carpeting and replace carpeting, and shall paint entire suite. (47) In the event the Oakland County Board of Commissioners does not appropriate funds for the continued funding of this lease, or in the event that state funding is terminated, tenant may cancel this lease upon one hundred twenty (120) days prior written notice to the Landlord. All charges shall be pro-rated to the Tenants day of departure plus ninety (90) days. (48) The Landlord agrees to be responsible for all on-site office maintenance at no extra charge to Tenant. (49) The covenants conditions and agreements made and entered into by the parties hereto are declared binding on their respective heirs, successors, representatives and assigns. (50) The covenants, conditions and agreements made and entered into by the parties hereto are declared binding on their respective heirs, successors, representatives and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSED BY: TENANT: OAKLAND COUNTY COMMUNITY MENTAL HEALTH - EL CENTRO PROGRAM LANDLORD: ARNOLD D. BECKER dba THE RIKER BUILDING nAtempfilekgordonViker.lse 9/1 1 /95 ffi 28 frA K ER. . BLDG A.IOR 7 -H .. 2ND .FLOOR A .1 Ln. g .A.41e A CID ii ...1 71E52-Et filar I cailiri 0-1 i- 0 i s; I-1 E]r------1 , -._ _ILL1-.0 Lt2LH.f aj: ri Norm • - ar Cir./111CA i r 1 gicliA4iii 7F(4coci r ;RACE \,ic•\\- Cia4 r— - LoscifLti,jr )- Jnl lenFEEL011 w 1...--t fl L.. int 1*. 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McCulloch, Chairperson IN RE: FACILITIES MANAGEMENT, REAL ESTATE SECTION LEASE AGREEMENT FOR BOARD OF COMMISSIONERS - COMMUNITY MENTAL HEALTH EL CENTRO PROGRAM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule X:=-G of this Board, the Finance and Personnel Committee has reviewed Miscellaneous Resolution #95259, and finds: I) The resolution requests authorization and acceptance of a lease agreement for 2422 square feet of space at 35 W. Huron Street, Pontiac to be utilized by the El Centro "La Familiar hispanic outreach program of Community Mental Health, 2) The agreement, with Arnold W. Becker d/b/a The Riker Building, is for a period of five years, December 1, 1995 through November 30, 2000, at a rate of $12.75 per square foot with an annual 3 increase to $14.35 in the fifth 3) This cost has been incorporated in tho 1995-1996 Community Mental Health State Spending Plan. t t "V FINANCE AN1 tERSO NEL COMMITTEE i —D. Allen, County Clerk Resolution #95259 October 26,1995 Moved by Palmer supported by Jacobs the resolution be adopted. AYES: Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. HEREV)0450)/THE FOREGnINCi RESOLUTION /49)3)As Date L. Brooks Patterson. County Executive STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Anen, 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 October 26, 1955 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 26th day,of_OctoheAx .1995.