HomeMy WebLinkAboutResolutions - 1998.12.10 - 25331December 10, 1998
Miscellaneous Resolution # 98323
BY: PLANNING AND BUILDING COMMITTEE,
CHARLES E. PALMER, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - ROCHESTER HILLS
52-3 DISTRICT COURT, 135 BARCLAY CIRCLE, ROCHESTER HILLS,
LEASE RENEWAL
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the control unit for the 52-3 District Court;
and
WHEREAS, the 52-3 District Court is presently leasing a facility located in the City
of Rochester Hills, identified as 135 Barclay Circle, Rochester Hills, Michigan; and
WHEREAS, the said lease is to expire on December 31, 1998; and
WHEREAS, said lease for 15,685 square feet is between Yorkshire International,
a Michigan Co-Partnership (Landlord) and the County of Oakland, a Michigan
Constitutional Corporation (Tenant); and
WHEREAS, the County of Oakland and Yorkshire International have agreed to a
new lease agreement for a period of three (3) years at a rate of $19.40 per square foot per
year; and
WHEREAS, the Department of Facilities Management along with Corporation
Counsel has reviewed all the necessary agreements and documents; and
WHEREAS, the County Executive recommends this new lease agreement between
Yorkshire International and the County of Oakland for a period of three (3) years at a rate
of $19.40 for 15,685 square feet.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the new lease agreement at 135 Barclay Circle, Rochester Hills,
between Yorkshire International and the County of Oakland for a period of three (3) years.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
hereby directs its Chairperson to execute the lease Agreement at 135 Barclay Circle,
Rochester Hills, Michigan, between Yorkshire International and the County of Oakland.
Chairperson, on behalf of the Planning and Building Committee, I move the
adoption of the foregoing resolution.
PLANNINgAND BUILDING_COMMITTEE
Planning_and Building Committee Vote:
Motion carried unanimously on a roll call vote with Huntoon and Johnson absent.
DEA.SE
This Lease is made and entered into as of this day of
, 1998, by and between YORKSHIRE INTERNATIONAL,
LLP, whose address is 1853 Rochester Industrial Court, Rochester
Hills, Michigan 48309 (hereinafter referred to as "LANDLORD"), and
the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose
address is 1200 North Telegraph Road, Pontiac, Michigan 48341
(hereinafter referred to as "TENANT").
1. Leased Premises. LANDLORD, in consideration of the rent
to be paid and the covenants to be performed by TENANT, does hereby
lease unto TENANT, and TENANT hereby rents from LANDLORD for use as
a courthousesfacility for the 52/3 District Court, those certain
premises at 135 Barclay Circle, Rochester Hills, Michigan,
containing approximately 15,685 square feet of space (hereinafter
referred to as the "Premises").
2. Term. The term of this Lease shall commence upon
January 1, 1998 and shall end on the date three (3) years after
such commencement date (hereinafter referred to as the rem"), or
shall terminate during the third year with 150 days written notice
to quit without penalty. This lease may be renewed by means of a
new written agreement, upon such terms and conditions as then may
be agreed upon by the Landlord and Tenant.
3. Rent. From the commencement date of this Lease until the
date three(3) years after such commencement date, TENANT agrees to
pay to LANDLORD, as fixed annual rent hereunder, Three Hundred Four
Thousand, Two Hundred Eighty Nine Dollars and 00/100 ($304,289.00)
per year (based on the approximate rate of Nineteen Dollars and
40/100 ($19.40) per net square foot per year), which sum shall be
payable by TENANT to LANDLORD in equal consecutive monthly
installments of Twenty-Five Thousand Three Hundred Fifty Seven
Dollars and 00/100 ($25,357.00), on or before the first day of each
month, in advance, without any prior demand therefor and without
any deductions or set-offs whatsoever.
4. Partial Month Rent Proration. Should the Term of this
Lease commence on a day other than the first day of a calendar
month, then the rental for such month and the last month of the
term hereof shall be prorated upon a daily basis based upon a
thirty (30) day calendar month.
5. Ownership. LANDLORD warrants that it will remain the
sole owner of the Premises at all times during the TENANT'S
occupancy of the Premises, and shall not transfer ownership of
same, without the consent of the County Executive and the Chairman
of the Oakland County Board of Commissioners, which shall not be
unreasonably withheld.
Rochester District Court Lease
December 1, 1998
1
6. Place of Payment. Payments due under this Lease from
TENANT to LANDLORD shall be paid at the address of LANDLORD set
forth above, or at such other place as LANDLORD may designate in
writing.
7. /folding Over. In the event TENANT holds over after the
expiration of the Original Term of this Lease without a written
agreement between LANDLORD and TENANT to further extend the term of
the Lease, the same shall be construed to be a tenancy from month-
to-month on the same terms and conditions herein specified, so far
as applicable, except that the monthly rent to be paid by TENANT to
LANDLORD shall be equal to the current lease rate plus 120% of the
current lease rate.
8. xikension of Term. If TENANT desires to continue to
lease the Premises after the expiration of the Term of this Lease,
TENANT shall give LANDLORD written notice of such desire at least
six (6) months prior to the expiration of the Term of this Lease;
provided, however, that any such further extension of the term of
this Lease shall be upon terms and conditions then acceptable to
LANDLORD in its sole discretion.
9. Use and Occupancy. The Premises shall be used during any
term of this Lease only as the 52/3 District Court for the State of
Michigan. The Premises shall not be used in violation of any law,
municipal ordinance of regulation.
10. Equipment and Furnishinga. TENANT shall provide, at its
own expense, all telephone systems, furniture and equipment it
deems necessary in connection with its use and occupancy of the
Premises. TENANT shall be solely responsible for the maintenance
and repair of all such property at its own expense.
11. Care of Premises. TENANT shall keep the Premises in good
repair, wear and tear from reasonable use and damage by the
elements excepted. LANDLORD agrees to: (a) either recarpet or
clean the existing carpet and (b) repaint the existing painted
interior walls as needed and mutually agreed upon.
12. compliance with Law. LANDLORD agrees, at its own
expense, to promptly comply with all applicable federal, state and
municipal laws and regulations affecting the Premises, including
any barrier-free requirements. If LANDLORD fails to comply with
such laws and regulations, TENANT may give LANDLORD written notice
of its intent to quit the Premises upon the date one hundred fifty
(150) days after LANDLORD'S receipt of such notice in the event
LANDLORD does not comply with such laws and regulations within such
one hundred fifty(150) day period. If LANDLORD complies with such
laws and regulations within such one hundred fifty(150) day period,
TENANT shall not have the right to quit the Premises.
Rochester District Court Lease
December 1, 1998
2
13. Destruction of Premises. In the event the Premises are
partially or totally damaged or destroyed by fire or other
casualty, the damage to the Premises shall be promptly repaired or
rebuilt by LANDLORD, unless LANDLORD shall elect not to rebuild as
hereinafter provided, and the rent payable by TENANT hereunder
shall be reduced in proportion to the fraction of the Premises
rendered untenantable until the Premises are repaired or rebuilt.
In no event shall LANDLORD be required to repair or replace any
property of TENANT. In the event the Premises cannot be repaired
or rebuilt within one hundred eighty (180) days after such
destruction, TENANT shall have the right to terminate this Lease
and vacate the Premises upon written notice to LANDLORD after the
expiration of such one hundred eighty (180) day period. If more
than thirty-five percent (35 90 of the Premises are damaged or
destroyed bye such casualties as aforesaid, LANDLORD may elect to
either repair or rebuild the Premises or to terminate this Lease by
giving written notice thereof to TENANT within ninety (90) days
after the occurrence of such damage or destruction.
14. Insurance. LANDLORD shall provide and maintain the
following coverages:
a. $1,000,000 combined Single Limit Commercial General Liability
with a $1,000,000 annual aggregate. The policy will be
equivalent to ISO form CG00010196 with endorsements and/or the
following coverages as minimums:
- Products and completed operations
- Broad form property damage
- Premises/Operations
- Independent contractors
(Blanket)Broad form contractual
- Personal injury
- Exclusions CG2142 and CG2143 will not apply
- Additional Insureds-The County of Oakland, its elected
and appointed officials employees and volunteers.
b. Worker's Compensation as required by law:
- $100,000 Employers' Liability
All certificates are to provide 30 days notice of material change
or cancellation. Certificates of insurance must be provided no
less than ten (10) working days before commencement of the contract
to the Risk Management Department. Insurance carriers are subject
to the approval of Oakland County. Coverages and limits are also
subject to the approval of Oakland County as to conformity with
contract requirements.
TENANT shall maintain self-insurance with respect to the Premises,
at its own expense, in at least the amount of One Million and
00/100 Dollars ($1,000,000.00) combined single limit coverage per
Rochester District Court Lease
December 1, 1998
3
occurrence. In addition to the foregoing, TENANT shall also
maintain a policy of fire and casualty insurance covering TENANT'S
contents therein.
15. Indemnification. LANDLORD shall at all times save,
defend, indemnify and hold TENANT harmless from and against any and
all loss, cost, liability, damage, expense (including, without
limitation, reasonable attorneys' fees), penalties, fines and
claims whatsoever in connection with loss of life, personal injury
and/or damage to property arising from any negligent or willful
acts or omissions of LANDLORD, its agents or employees.
16. Repairs. LANDLORD shall maintain and keep in good repair
the roof, ceilings, walls, floors, foundations, electrical systems,
plumbing, siodewalks, parking areas and exterior glass at the
Premises. Tenant shall maintain the heating and cooling systems at
the Premises, including all general maintenance and minor repairs.
Landlord shall be responsible for the repair or replacement of the
heating and cooling systems at the Premises in the event the cost
thereof at any one(1) occurrence is in excess of One Thousand and
00/100 Dollars ($1,000.00).
17. Alterations or Improvements. TENANT shall not make
alterations or improvements whatsoever to or upon the Premises
without the prior written consent of LANDLORD. Any alterations or
improvements made upon the Premises shall become an integral part
of the Premises and shall become the sole property of LANDLORD
immediately upon the completion thereof, unless otherwise agreed to
in writing by the parties hereto.
18. Security. TENANT hereby acknowledges that during any
term of this Lease, LANDLORD shall have the right to have keys for
access to the Premises and that LANDLORD shall have the right to
obtain such keys from TENANT upon written request therefor. In the
event LANDLORD obtains such keys from TENANT, LANDLORD shall use
such keys only for the purpose of inspecting, repairing and/or
maintaining the Premises. LANDLORD agrees to provide lighting for
the exterior of the Premises, including parking areas directly
adjacent to the Premises, in an adequate manner consistent with
other similar office buildings in the metropolitan Detroit area.
19. Access. TENANT shall allow LANDLORD access to the
Premises during regular business hours for the purposes of
inspecting, repairing and/or maintaining the Premises; provided,
however, that LANDLORD shall use its best efforts not to disrupt
the usual operations of TENANT at the Premises. In addition to the
foregoing, TENANT shall allow LANDLORD access to the Premises at
any time in the event of an emergency.
20. Signs. TENANT may attach, install or erect such signs on
the interior walls of the Premises as may be necessary in
connection with the conduct of TENANT'S usual business at the
Rochester District Court Lease
December 1, 1998
4
Premises. TENANT may not attach, install or erect any signs
whatsoever on the exterior walls of, or the area surrounding, the
Premises without the prior written approval of LANDLORD and the
City of Rochester Hills as to the form, content, material, lighting
and structure thereof.
21. Assignment. TENANT will not assign, sublet or in any
manner transfer this Lease or any estate or interest therein
without the prior written consent of LANDLORD. Notwithstanding the
foregoing, in the event the State of Michigan, by action of its
legislature, takes over and assumes responsibility for the State of
Michigan District Court system, TENANT may assign its interest in
this Lease to the State of Michigan, which shall assume all of the
liabilities and obligations of TENANT under this Lease.
22. Maintenance and Utilities. TENANT shall be solely
responsible for and promptly pay all charges for water, gas, heat,
electricity, sewer service and any other utility used or furnished
to the TENANT. LANDLORD agrees to provide utility service lines
into the Premises and separate meters for all utilities used upon
or furnished to the Premises. Tenant agrees to be solely
responsible for and pay all charges for janitorial services.
23. Parking. LANDLORD agrees to provide sufficient parking
to satisfy the requirements of the City of Rochester Hills as of
the date hereof, but in no event less than ninety-eight(98)
dedicated spaces.
24. Taxes. From and after the commencement date of this
Lease, TENANT agrees to pay all real estate taxes assessed or
Imposed against the Premises directly to the taxing authority prior
to the date on which any penalty for the nonpayment of such taxes
attaches. TENANT shall deliver to LANDLORD evidence of the payment
of such taxes prior to the date on which any penalty for the
nonpayment of such taxes attaches. Taxes for the years in which
any term of this Lease commences and ends shall be prorated and
adjusted between LANDLORD and TENANT on the due-date basis. TENANT
shall also be responsible for and shall pay before delinquency, all
taxes assessed during any term of this Lease against any leasehold
interest or personal property of any kind, owned by or placed in,
upon or about the Premises by TENANT.
25. Services. LANDLORD agrees to provide, at its own
expense, trash removal, snow and ice removal from sidewalks, steps
and parking areas, complete parking lot maintenance and lawn care
services.
26. Eminent Domain. If the whole of the Premises shall be
taken by any public authority under the power of eminent domain,
then the term of this Lease shall cease as of the day possession
shall be taken by such public authority. If less than the whole
but more than thirty-five percent (35 9 ) of the Premises shall be
Rochester District Court Lease
December 1, 1998
5
taken by any public authority under the power of eminent domain,
then either party hereto shall have the right to terminate this
Lease by written notice to the other within thirty (30) days after
the day possession shall be taken by such public authority, in
which event neither party hereto shall have any further liability
or obligation hereunder. In the event neither party elects to
terminate this Lease, the Lease term shall cease only on the part
so taken as of the day possession shall be taken by such public
authority, and thereafter the fixed annual rent hereunder shall be
reduced in proportion to the amount of the Premises taken.
27. Ouiet Enjoyment. Upon payment by TENANT of the rents
herein provided, and upon the observance and performance of all of
the terms, conditions and covenants required of TENANT hereunder,
TENANT shallspeacefully and quietly hold and enjoy the Premises for
any term of this Lease without hindrance or interruption by
LANDLORD or any person legitimately by, through or under LANDLORD,
subject, nevertheless, to the terms and conditions of this Lease.
28. Liens. TENANT covenants and agrees that it will not
permit any liens or encumbrances of any kind or nature whatsoever
to attach to the Premises, by leasehold improvements at the
Premises or TENANT'S interest in this Lease by reason of any act or
omission of TENANT.
29. Modifications. This Lease may be modified or amended
only by the written agreement of LANDLORD and TENANT.
30. Governing Law. This Lease shall be interpreted under and
governed by the laws of the State of Michigan.
31. 5everability. If any provisions of this Lease, or the
application thereof, to any extent becomes invalid or
unenforceable, the remainder of this Lease, or the application of
such provision to the parties or circumstances other than those to
which it is invalid or unenforceable, shall not be affected
thereby, and each provision of this Lease shall be valid and
enforceable to the fullest extent permitted by law.
32. Waiver. One (1) or more waivers of any covenant,
condition or agreement by LANDLORD shall not be construed as a
waiver of a subsequent breach of the same covenant, condition or
agreement. No breach of a covenant, condition or agreement of this
Lease shall be deemed to have been waived by LANDLORD unless such
waiver be in writing signed by LANDLORD.
33. Entire Agreement. This Lease constitutes the entire
agreement of the parties hereto with respect to the Premises, and ,
all prior negotiations, agreements and understandings, either oral
or written, are hereby merged herein.
Rochester District Court Lease
December 1, 1998
6
34. Binding Effect. The terms and conditions of this Lease
shall be binding and shall inure to the benefit of the parties
hereto and their respective heirs, representatives, successors and
assigns; provided, however, that no rights shall inure to the
benefit of any assignee of TENANT unless the assignment to such
assignee has been approved by LANDLORD in writing as provided for
herein.
35. Use of Words. The pronouns and relative words herein
used shall be read interchangeably in masculine, feminine or
neuter, singular or plural, as the respective case may be.
36. Notice. Any notice or other communication required or
desired to be given hereunder shall be deemed to have been
sufficientlyo given for all purposes if delivered personally to the
party to whom the same is directed, or if sent by registered or
certified mail, postage and charges prepaid, addressed to the
address of such party as set forth above. Any notice which is
served personally shall be deemed to be given on the date on which
the same is actually served, and any notice which is sent by mail
shall be deemed given two (2) days after the same is deposited in
a regularly maintained receptacle for the deposit of United States
mail, addressed as provided in the immediately preceding sentence.
Any party may change its address for purposes of this Lease by
giving the other party notice thereof in the manner hereinbefore
provided for the giving of notices.
37. Option to Purchase. LANDLORD hereby grants to TENANT the
right and option to purchase the Premises, together with all
improvements thereon, at any time during the calendar year
immediately preceding the end of the Term of this Lease for an
amount to be either mutually agreed upon by the LANDLORD and the
TENANT, on the condition that TENANT give LANDLORD a sixty (60)
calendar day written notice of TENANT'S exercise of this option.
This option to purchase shall be null and void if the parties fail
to reach an agreement as to price and terms at least sixty (60)
days prior to the expiration of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease as of the day and year first above written.
Rochester District Court Lease
December 1, 1998
7
WITNESSES: RICHARD G. DRYDEN
(PROPERTY MANAGER)
By:
YORKSHIRE INTERNATIONAL LLP
RICHARD G. DRYDEN,
PROPERTY MANAGER
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
(TENANT)
By:
John P. McCulloch,
Chairperson
Oakland County Board of
Commissioners
By:
L. BROOKS PATTERSON,
Oakland County Executive
•
Rochester District Court Lease
December 1, 1998 8
STATE OF MICHIGAN )
) ss
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this
day of December, 1998, by RICHARD G. DRYDEN, Property
Manager, Yorshire International, LLP.
ELAINE G. McCRACKEN
Notary Public, Oakland County,
Michigan
My Commission Expires:
STATE OF MICHIGAN )
) ss
COUNTY OF OAKLAND )
•
The foregoing instrument
day of December, 1998, by
Board of Commissioners of the
Constitutional Corporation, on
was acknowledged before me this
JOHN McCULLOCH, Chairperson of the
COUNTY OF OAKLAND, a Michigan
behalf of the Corporation.
ELAINE G. McCRACKEN
Notary Public, Oakland County,
Michigan
My Commission Expires:
STATE OF MICHIGAN )
) ss
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this
day of , 1998, by L. BROOKS
PATTERSON, County Executive of the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, on behalf of the Corporation.
Notary Public, Oakland County,
Michigan
My Commission Expires:
Rochester District Court Lease
December 1, 1998 9
FISCAL NOTE (Misc. #98323) December 10, 1998
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - ROCHESTER HILLS 52-3 DISTRICT COURT,
135 BARCLAY CIRCLE, ROCHESTER HILLS, LEASE RENEWAL
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance has reviewed the above
referenced resolution and finds:
1. The 52-3 District Court is presently leasing 15,685 square feet of
space in the facility located at 135 Barclay Circle, Rochester
Hills, Mi. at a rate of $19.40 per square foot.
2. A 3 year lease extension is proposed between Yorkshire
International, a Michigan Co-Partnership (Landlord) and the County
of Oakland, a Michigan Constitutional Corporation (Tenant).
3. The total yearly lease cost for this facility is $304,289, or
$25,357 a month; all maintenance, upkeep, and insurance are the
responsability of the landlord.
4. The lease agreement would commence January 1, 1999 and extend
through December 31, 2001.
5. The Department of Facilities Management along with Corporation
Counsel has reviewed all the necessary agreements and documents; and
this cost is currently budgeted, therefore, no budget amendments are
needed.
FINANCE COMMITTEE
.1"4A- 161,4
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
FOREGOING RESOLUTION
222.14/
Date
I HEREBY
L. Brooks Ps GowtyEA,Mive 1'8
Resolution #98323 December 10, 1998
Moved by Wolf supported by Taub the resolutions on the Consent Agenda be
adopted and the resolutions on the Consent Agenda being amended to conform with
their committee reports be adopted as amended.
AYES: Coleman, Dingeldey, Douglas, Garfield, Gregory, Hoffman, Holbert,
Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Millard, Moffitt, Obrecht i Paimer, Taub, Wolf, Amos. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolutions on the Consent
Agenda were adopted and the resolutions on the Consent Agenda being amended to
conform with their committee reports were adopted as amended.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 December 10, 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
County of Oakland at Pontiac, Michigan this /0th day of December, 1998.
41,444M,
G. William Caddell, County Clerk