HomeMy WebLinkAboutResolutions - 1998.04.23 - 25251April 2, 1998
REPORT (Misc. #98067)
BY: PUBLIC SERVICES COMMITTEE, DAVID L. MOFFITT, CHAIRPERSON
RE: DEPARTMENT OF FACILITIES MANAGEMENT, REAL ESTATE SECTION REQUEST
FOR ADDITIONAL LEASE SPACE AT 35 W. HURON STREET, PONTIAC,
MICHIGAN FOR COMMUNITY MENTAL HEALTH EL-CENTRO PROGRAM:
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed the above
referenced resolution on March 24, 1998, reports with the
recommendation that the resolution be adopted.
Chairperson, on behalf of the Public Services Committee, I move
the acceptance of the foregoing report.
PUBLIC SERVICES COMMITTEE
April 2, 1998
MISCELLANEOUS RESOLUTION #98067
BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON
In RE: DEPARTMENT OF FACILITIES MANAGEMENT, REAL ESTATE SECTION
REQUEST FOR ADDITIONAL LEASE SPACE AT 35 W. HURON STREET, PONTIAC,
MICHIGAN FOR COMMUNITY MENTAL HEALTH EL-CENTRO PROGRAM
TO: OAKLAND COUNTY BOARD OF COMMISSIONERS,
CHAIRPERSON, LADIES, AND GENTLEMEN:
WHEREAS, El Centro "La Familia" (ECLF) is a Community Mental Health agency
providing outpatient services to a multi-cultural family population; and
WHEREAS, ECLF is centrally located in Oakland County to provide centralized access
to its consumers; and
WHEREAS, ECLF currently has leased space in the Riker Building at 35 West Huron
Street, Pontiac, Michigan and that lease runs through December 1, 2000; and
WHEREAS, ECLF has continued to expand their services including groups for children,
women, and consumers who are dual diagnosed and in doing so have the need for additional
clinical service space; and
WHEREAS, the management at the Riker Building has identified an adjacent office space
of 225 square feet that is available and would meet the needs of ECLF; and
WHEREAS, the monthly cost for the space would be approximately $270 for office space
and $25 for additional parking space for an annual increase of $3,540; and
WHEREAS, the cost for the additional space and parking is available within the
Community Mental Health fiscal budget; and
WHEREAS, this additional proposed office space has been reviewed and approved by
the Oakland County Community Mental Health Board; and
WHEREAS, the Department of Facilities Management, along with Corporation Counsel,
have reviewed the proposed addendum to lease an additional 225 square feet at 35 West Huron
Street, Pontiac, Michigan.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves this addendum adding to the current lease with the management of the Riker Building
for the rental and parking costs for an additional 225 square feet of adjacent office space and that
it will coincide with the terms of the current lease.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs
its chairperson or designee to execute the necessary documents to effect the same.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of
the foregoing resolution.
PkANNING AND BLJALDINZ3 COMMITTEE
AMENDMENT TO AN EXISTING LEASE AGREEMENT
THIS AMENDMENT TO AN EXISTING LEASE AGREEMENT (hereafter, this "Lease Amendment") is hereby
entered into by and between Arnold D. Becker d/b/a/THE RIKER BUILDING, located at 35 W. Huron, Suite
900, Pontiac, Michigan, 48342 the Lessor, (hereinafter, the "Landlord"), and OAKLAND COUNTY
(COMMUNITY MENTAL HEALTH (El Centro Program)), located at 1200 N. Telegraph, Pontiac, Michigan,
48341, the Lessee, (hereinafter, the "Tenant"). In this Amendment, either the Landlord and/or the Tenant
may also be referred to individually as a "Party" or jointly as "Parties."
INTRODUCTION
The Parties agree and acknowledge that the purpose of this Lease Amendment is to amend an existing
Lease Agreement (hereafter, the "Original Lease") between the Parties, which was effective December 1,
1995 and scheduled to expire five years thereafter, wherein the Parties agreed that the Tenant (for its
COMMUNITY MENTAL HEALTH - El Centro Program) would occupy approx. 2,422 square feet in THE
RIKER BUILDING located in the City of Pontiac, State of Michigan, to-wit: Suite 200, 35 West Huron Street,
Pontiac, Michigan, 48342, Assessors Plat No. 112, Lot 17, T3N, RI OE, Sec. 29 (see 'Original Lease Area" in
Lease Amendment - Exhibit "A", attached hereto, incorporated into and made part of this Lease Amendment)
on the 2nd floor, north side of THE RIKER BUILDING.
In consideration of the extension of the mutual promises, representations, assurances, agreements, and
provisions described in the Original Lease and this Lease Amendment, the adequacy of which is hereby
acknowledged, the Parties agree to hereby amend the Original Lease as follows:
1. The Parties agree that any and all terms and conditions set forth in the Original Lease between the
Parties are hereby reaffirmed and shall continue to remain in full force and effect and shall not be
modified, excepted, diminished, or otherwise changed or altered by this Lease Amendment except as
otherwise expressly provided herein.
2. The Parties agree that the effective date of this Lease Amendment shall be effective January 1,
1998.
3. The Landlord agrees to prepare and provide to the Tenant for its use, an additional 225 square feet
of adjacent floor space to the existing Suite 200, in THE RIKER BUILDING (hereafter and as further
shown as the "225 ADDITIONAL S/F AREA" on the attached Lease Amendment - Exhibit "A").
4. The Parties agree and acknowledge that the following numbered provisions in the Original Lease
agreement between the Parties are hereby completely superseded, and replaced, in their entirety,
effective with this Lease Amendment, as follows:
Section 3 in the Original Lease, effective with this Lease Amendment. is hereby superseded and
replaced in its entirety by the following:
TERM:
(3) From the commencement date of this lease, which is the date of occupancy, December 1,
1995 for the term of five (5) years from and after this date of occupancy December 1, 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 Seventy-One Thousand,
Two Hundred Seventy-Six, and 96/100 Dollars ($171,276.96) in lawful money of the United States '
payable in monthly installments in advance, upon the 1st day of each and every month as follows:
MONTHS 1-12
13 - 24
25 - 36
37 - 48
49 - 60
$2,573.38 per month *
$2,650.58 per month
$3,023.42 per month
$3,113.37 per month
$3,204.02 per month *
See item number 43.
Section 14 (Tenant To indemnify) in the Original Lease, effective with this Lease Amendment. is
hereby superseded and replaced in its entirety by the following:
Tenant insurance and Mutual Waiver of Subrogation:
(14) Tenant will procure and keep in effect during the term hereof Commercial General Liability
and/or Self-Insurance and name the Landlord as an additional insured in the sum of One
Million ($1,000,000.00) Dollars combined single limit per occurrence coverage. Tenant shall
deliver evidence of insurance/self-insurance to the Landlord. Upon Tenant's failure to do so,
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.
It is hereby understood and agreed between the undersigned, with regard to the premises
and/or contents, that to the extent that a loss is covered by insurance or self insurance, the
Landlord agrees that Tenant (its agents, employees and/or servants) shall not be liable to
Landlord, and Landlord shall not be liable to Tenant, for any loss resulting directly or indirectly
from losses such as but not necessarily limited to fire, explosion, smoke damage, vehicle
damage, aircraft damage, riot and civil commotion, vandalism and malicious mischief.
AmtignA4 in the Original Lease. effective with this Lease_Amendment is hereby superseded and
replaced in its entirety by the following:
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
ratio 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 2.647
square feet, including the "225 ADDITIONAL S/F AREA". Tenant, therefore agrees that his pro rata
share of tax increases, effective after the effective date of this Lease Amendment, over the base year
shall be 4.81%.
Section 45 in the Original Lease, effective with this Lease Amendment is_herebv superseded and
replaced in its entirety by the following:
Parking:
(45) The Tenant shall have included with this Lease, at no additional charge, up to eleven (11) lot
parking spaces in assigned with the additional costs for this additional parking space ($25.00/month)
already included in monthly rent payment amount shown herein.
5. The Parties agree that the Original Lease, as amended by this Lease Amendment, sets forth the
entire contractual agreement between the Parties. In entering into this Lease Amendment, the
Landlord acknowledges that it has not relied upon any prior or contemporaneous agreement,
representation, warranty, or other statement by the Tenant and/or any Tenant Agent that is not
expressly set forth in the Original Lease and/or this Lease Amendment, and that any and all such
possible, perceived or prior agreements, representations, understandings, statements, negotiations,
understandings and undertakings, whether written or oral, in any way concerning or related to the
subject matter hereof are fully and completely expressed in the Original Lease and/or this Lease
Amendment It is further agreed that the terms and conditions in the Original Lease and/or this
Lease Amendment are contractual and binding and are not mere recitals and except for those terms
and conditions expressly provided for in the in the Original Lease and/or this Lease Amendment,
there are no other agreements, understandings, contracts, or representations between the Parties in
any way related to the subject matter hereof.
AMENDMENT TO AN EXISTING LEASE AGREEMENT - RIKER BUILDING - Page 2
For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations,
and agreements set forth in the in the Original Lease and/or this Lease Amendment, and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby
execute and agree to legally obligate and bind the Parties to the terms and conditions in this Lease
Amendment.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year first above
written.
WITNESSED BY: TENANT:
OAKLAND COUNTY
LANDLORD:
ARNOLD D. BECKER d.b.a. THE RIKER
BUILDING
RIKER AD.B2
March 9, 1998
AMENDMENT TO AN EXISTING LEASE AGREEMENT- RIKER BUILDING - Page 3
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Resolution #98067 April 2, 1998
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
FISCAL REPORT (M.R. #98067) April 23, 1998
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REAL ESTATE SECTION - REQUEST FOR
ADDITIONAL LEASE SPACE AT 35 W. HURON STREET, PONTIAC, MICHIGAN FOR COMMUNITY
MENTAL HEALTH EL-CENTRO PROGRAM
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee
has reviewed the above referenced resolution and finds:
1. The resolution authorizes an amendment to the CMH El-Centro Program
lease agreement between Oakland County and Arnold D. Becker
d/b/a/The Riker Building for an additional 225 square feet of space
for the duration of the lease (December 1, 2000).
2. The annual increase in the lease amount is $3,540, equivalent to
$15.73 per square foot, including additional parking.
3. Funding is available in the Community Mental Health Fund and no
budget amendments are required at this time.
FINANCE COMMITTEE
IP
FINANCE: Motion carried unanimously on a roll call vote.
Resolution #98067 April 23, 1998
Moved by Palmer supported by Kaczmar the Public Services Committee Report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Kaczmar the resolution be adopted.
AYES: McCulloch, McPherson, Moffitt, Obrecht, Palmer, Powers, Schmid,
Taub, Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory,
Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law. (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 23, 1998 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
C!.ig4 1
County of Oakland at Pontiac, Michigan this 23rd day o pril 8
LyAn D. Allen, County Clerk