HomeMy WebLinkAboutResolutions - 1998.12.10 - 25343vt
December 10, 1998
REPORT (Misc. #98335)
BY: PUBLIC SERVICE COMMITTEE - DAVID L. MOFFITT, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - AMENDMENTS TO
OAKLAND COUNTY COMMUNITY MENTAL HEALTH OFFICE AND
RESIDENTIAL LEASES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed the above referenced resolution
on December 1, 1998, recommends that the resolution be adopted.
Chairperson, on behalf of the Public Services Committee, I move the acceptance
of the foregoing Report.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried on unanimous roll call vote with Jacobs and Huntoon absent.
December 10, 1998
MISCELLANEOUS RESOLUTION # 98335
BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - AMENDMENTS TO OAKLAND COUNTY
COMMUNITY MENTAL HEALTH OFFICE AND RESIDENTIAL LEASES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland over the past several years has entered into a series of leases for
office space and for residential housing on behalf of the Oakland County Community Mental Health Agency; and
WHEREAS pursuant to Miscellaneous Resolution # 96260 enacted December 12, 1996, and
Miscellaneous Resolution #98215 enacted September 24, 1998, the Oakland County Board of Commissioners
has created an Oakland County Community Mental Health Authority to replace the Oakland County Community
Mental Health Agency; and
WHEREAS the enabling statute, MCL 330.1205, that authorizes the creation of a community mental
health Authority provides that in order to discharge the County from one aspect of financial liability for the
Authority, the County can require the Authority to assume and be responsible for the costs of leasing real or
personal property which was used by the Community Mental Health Services Board prior to the Authority being
established, which property will continue to be utilized by the Authority when it comes into existance;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
amendments attached to this Resolution for the following leases which amendments transfer and assign all rights,
responsibilities, obligations, and duties for the leases from the County of Oakland to the Oakland County
Community Mental Health Authority when it comes into existence on January 1, 1999;
Lease Property Address Landlord
50 Wayne Street, Pontiac, MI 48342 United Way of Oakland County
35 West Huron, Pontiac, MI 48342 Arnold D. Becker d/b/a/ THE RIKER BUILDING
20300 Civic Center Drive, Southfield, MI 48076 Eugene Applebaum
25120 Circle Drive, Southfield, MI Jethral Lai
7473 Coach Lane, West Bloomfield, MI Judson Center
6110 St. James Drive, West Bloomfield, MI Judson Center
2034 Ostrum, Waterford Township, MI Ronald Leix
275 Lesdale Street, Troy, MI Ronald Leix
BE IT FURTHER RESOLVED that as of 12:00 a.m. January 1, 1999, the Oakland County Community
Mental Health Authority will assume complete liability for all County responsibilities for those leases and that the
County of Oakland shall have no remaining obligation, liability, responsibility, or duty of any kind whatsoever
pursuant to those leases which are being assigned and transferred to the Community Mental Health Authority.
BE IT FURTHER RESOLVED that the Chairperson is hereby authorized to sign the amendments to these
leases on behalf of the Oakland County Board of Commissioners and any other documents necessary to
effectuate the transfer and assignment of these leases to the Oakland County Community Mental Health
Authority.
Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing
resolution.
Planning and Building Committee Vote:
Motion carried unanimously on a roll call vote with Huntoon and Johnson absent.
1)1'248 858 1003 11/13198 10:38 EP:02104 NO:903 -sot. CORP COUNSEL
AMENDMENT TO LEASE
AND
ALLOW
Amendment Date /Ng?
Whereas, on September 3, 1998, the County of Oakland, on behalf of the Oakland County
Community Mental Health Agency (OCCMHA), entered into a lease with United Way of
Oakland County, Lessor, for office space located at 50 Wayne Street, Pontiac, Michigan 48342;
and,
Whereas, on December 12, 1996, and on September 24, 1998 the Oakland County Board
of Commissioners, pursuant to MCL 330.1205, et seq., adopted Miscellaneous Resolutions
96260 and 98215 respectively, which Resolutions created an Oakland County Community
Mental Health Authority (hereinafter "Authority") which "Authority" will come into existence
on January 1, 1999; and,
Whereas, the current Oakland County Community Mental Health Agency will be
replaced by the "Authority", which "Authority" will by statute be a separate and distinct body,
not connected or affiliated with the County of Oakland; and,
Whereas, MCL 330.1205(2)(d) provides that in order to discharge the County from
financial liability for the "Authority", the County can require the "Authority" to assume and be
responsible for the cost(s) associated with the real or personal property leased by the County for
use by the Community Mental Health Services Board prior to establishing the "Authority",
which property will continued to he utilized by the "Authority" when it comes into existence;
and,
CORP COUNSEL '248 858 1003 11/13/98 10:38 C9:03/04 NO:903
Whereas, in order for the smooth transition of responsibilities from the County to the
Oakland County Community Mental I lealth "Authority", it is advantageous for Lessor and
Lessee to agree to an assignment of the above-referenced Lease to the Oakland County
Community Mental Health "Authority" upon the same terms and conditions as currently stated in
said Lease; and,
Therefore, in consideration of the lease continuing in an uninterrupted fashion while the
responsibility for the Lease is assigned and transferred to the "Authority" upon the same terms
and conditions as originally stated, including the uninterrupted payment of rent, it is hereby
agreed as follows:
1. That pursuant to paragraph eight (8) of the original Lease Agreement dated September
3, 1998, which paragraph provides for the automatic assignment of this Lease to the Oakland
County Community Mental Health Authority upon creation of the Authority, it is agreed between
the parties that Lessee, the County of Oakland, may assign and transfer all rights,
responsibilities, obligations and liabilities, past, present and future under this Lease to the
Oakland County Community Mental Health Authority, which assignment shall be effective at
1200 a.m., January 1,1999:
2. The parties further agree that upon assignment of this Lease from the County of
Oakland to the Oakland County Community Mental Health Authority all rights, responsibilities,
liabilities, obligations of any and all types whatsoever, past, present, or future, including all
claims and demands for rent, shall be extinguished as to the County of Oakland, and Landlord
agrees to hold the County of Oakland harmless for any obligations under this Lease, past,
present, or future;
3. It is further agreed between the parties that upon the assignment and transfer of this
By: 7'141-.2
Its: President
LESSEE:
COUNTY OF OAKLAND, A MICHIGAN
MUNICIPAL AND CONSTITUTIONAL
CORPORATft
By:
Its: Chairplterdon, Oakland County
Boardio1Commissioners
ir 248 858 1003 11/13198 10:38 g :04/04 NO:903 i-OC CORP COUNSEL •-•
• c
Lease to the Oakland County Community Mental Health Authority, all rights, title and interest in
this Lease shall pass to the "Authority -;
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations and agreements set forth in the Lease Agreement and this Amendment and for
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the undersigned do hereby assert that they have the requisite authority to execute
this Agreement on behalf of their respective Parties, and that they execute this Agreement on
behalf of Lessee, Oakland County and on behalf of the Lessor, United Way of Oakland County,
and by doing so legally obligate and bind the Lessor and Lessee to the terms and conditions of
the contract and this Amendment.
WITNESSES; LESSOR:
UNITED WAY OF O 4JKLAN/9 COUNTY
WITNESSES:
N:\ nimpF1114:1H)HNINI rsn'En_W‘ASS(iN)S A N4 D
SECOND AMENDMENT TOAICEXISTING LEASE
AND
AGREEMENT TO ALLOW ASSIGNMENT OF LEASE
THIS SECOND AMENDMENT TO AN EXISTING I FASF g;I:2FFMFNIT (hereafter, this "Second 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 SECOND AMENDMENT TO AN EXISTING
LEASE AGREEMENT effective December 1, 1998 is to amend an AMENDMENT TO AN EXISTING I FASF
AGREEMENT effective January 1, 1998, and 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, Assessor's Plat No. 112, Lot
17, T3N, R10E, Sec. 29 (see "Oriainal Lease Area" in Lease Amendment - Fxhihit "A", attached hereto,
incorporated into and made part of this Lease Amendment) on the 2nd floor, north side of THE RIKER
BUILDING. This Second Lease Amendment is intended only to amend Section 3 (Term), Section 8
(Assignment), Section 44 (Taxes), and Section 45 (Parking) of the original Lease, as Amended.
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 and the
AMENDMENT TO AN EXISTING LFASF AGRFFMFNT 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 SECOND AMENDMENT TO AN EXISTING I FASF
AGREEMENT shall be December 1, 1998.
3. The Landlord agrees to build out and prepare for the use of Tenant, an additional 2,350 square feet
of adjacent floor space to the existing Suite 200, in THE RIKER BUILDING (hereafter and as further
shown as the "2,350 ADDITIONAL S/F AREA" on the attached SECOND AMENDMENT TO AN
EXISTING LEASE AGREEMENT - Exhibit "A"), for a sum not to exceed $ 26,500.00.
4. The Parties agree and acknowledge that the following numbered provisions in the Original Lease
agreement and the AMENDMENT TO AN EXISTING I FASF AnRFFNIFNIT between the Parties are
hereby amended, effective with this SECOND AMENDMENT TO AN EXISTING I FASF
AGREEMENT, as follows:
Section 3 in the Oriainal Lease. and the AMRNINFNT Tn AN FYMTIMO. I PAcr' Antizimmumm-r
amended by the addition of the following languag
effective with this SECOND AMFNDMFNT To AN FXISTING I PARF Ar".1:2FFF,A ic hchrtahm •011 111 n 51/ • ik !
TERM:
(3) From the date that the Tenant accepts occupancy of the "2,350 ADDITIONAL S/F AREA"
the rent shall be increased by an additional Two Thousand Six Hundred Eighty-nine Dollars and sixty
cents ($2,689.60)* per month through the remainder of the term of the Lease. Should the Tenant
accept occupancy on any date other than the first day of the month, then the rent for such month
shall be prorated upon a daily basis based upon a thirty (30) day calendar month.
* See item number 43.
44 in th MENT Section a_OnoinaLlease._anillne AMENDMFNT TO AN
effective with this SECOND AMENDMENT TO AN RUSTING I FARF_AGREFMFAIT ie Inctrethv
superseded and replaced in its entirety by the followinq:
Taxes (Base Year):
(44) In addition to the rent specified, the Tenant agrees to pay as additional rent, on the years the
Tenant occupies the building under these Lease agreements, 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 5,000 square feet, including the
"2,353 ADDITIONAL S/F AREA". Tenant, therefore agrees that, effective upon completion of build
out by Landlord and acceptance of occupancy by Tenant, its pro rata share of tax increases over the
base year shall be 9.09%.
superseded and replaced in its entirely,jathe fnllnwinq:
Parking:
(45) The Tenant shall have included with this Lease, at no additional charge, a total of sixteen
(16) parking spaces in the assigned parking lot with the additional costs for these additional parking
spaces ($25.00/month) already included in the monthly rent payment amount shown in Section 3 -
Term.
5. That pursuant to Section (8) of the original Lease Agreement, which section allows for assignment of
this Lease with the consent of the Landlord, the Landlord hereby consents, and it is agreed between
the parties that Tenant, the County of Oakland for the COMMUNITY MENTAL HEALTH - El Centro
Program, may assign and transfer all rights, responsibilities, obligations and liabilities, past, present
and future under this Lease to the Oakland County Community Mental Health Authority, which
assignment shall be effective at 12:00:01 a.m., January 1, 1999.
The parties further agree that upon assignment of this Lease from the County of Oakland for the
COMMUNITY MENTAL HEALTH - El Centro Program to the Oakland County Community Mental
Health Authority all rights, responsibilities, liabilities, obligations of any and all types whatsoever, past,
present, or future, including all claims and demands for rent (except any rent due and payable by the
County up until the assignment of this Lease on January 1, 1999), shall be extinguished as to the
County of Oakland, and Landlord agrees to hold the County of Oakland harmless for any obligations
under this Lease, past, present, or future.
It is further agreed between the parties that upon the assignment and transfer of this Lease to the
Oakland County Community Mental Health Authority, all rights, title and interest in this Lease shall
pass to the "Authority."
SECOND AMENDMENT TO AN EXISTING LEASE AGREEMENT - RIKER BUILDING - Page 2
TENANT:
OAKLAND C NTY
akland County Board of Commissioners
By: '
Chairper
LANDLO
ARNOLD D. BECKER d.b.a. THE RIKER
BUILDING
By:C.......,,,--€._ , /.‘,/ x,.. -4-• c c . „...e.e.....- ,.....
Eileen M. Youngerman, Genprf Manager,
A.D.Becker Properties, on behaIf of Arnold D. Becker
4.
•
'
5. The Parties agree that the Original Lease, and the AMENDMENT TO AN EXISTING LEASE
AGREEMENT as amended by this SECOND AMENDMENT TO AN_ExismalEASE
AGREEMENT, sets forth the entire contractual agreement between the Parties. In entering into this
Second 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, the AMENDMENT TO AN
EXISTING LEASE AGREEMENT and/or this acj2ILID AMENDM ENT TO
AGREEMENT, 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, the AMEN DMENT TO AN EXISTINGlEALEACZ, and/or this
SECOND AMENDMENT TO AN EXISTING LEASF AGRFFMFK It is further agreed that the terms
and conditions in the Original Lease, this AMENDMENT TO AN EXISTING LEASE AGREEMENT.
and/or this SECOND AMENDMENT TO AN EXISTING i FASF AC-11:4FFMFNT 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, the AMENDMENT TO AN EXISTING LFASF AGRFFAAFNT, and/or this
SECOND AMENDMENT TO AN EXISTING I FASF AnREEigua, there are no other agreements,
understandings, contracts, or representations between the Parties in any way related to the subject
matter hereof.
For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations,
and agreements set forth in the in the Original Lease, the AMENDMENT TO AN EXISTING LEASE
AGREEMENT, and/or this SECOND AMENDMENT TO AN_ExisrualEPLE_AGBEEMENT, 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 •No A ND • MI • I. • • a a
ASSIGNMENT OF LEASE.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year first above
written.
A ti_EX &Kin 111;11:4 CIA! E1111
WITNESSED BY:
ASSIGN3
SECOND AMENDMENT TO AN EXISTING LEASE AGREEMENT - RIKER BUILDING - Page 3
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Signed, Sealed and delivered in
the (Presence of
Nik
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that ARNOLD D. BECKER has
made, constituted and appointed and BY THESE PRESENTS DOES MAKE, constitute
and appoint EILEEN YOUNGERMAN my true and lawful attorney for me and in my
name, place and stead, to execute leases on my behalf as the Landlord, giving and granting
unto EILEEN YOUNGERMAN, my said Attorney, full power and authority to do and
perform every act and thing whatsoever requisite and necessary to be done regarding
execution of said leases, as fully and to all intents and purposes as I might or could do if
personally present, with full power of substitution and revocation, hereby ratifying and
confirming all that my said Attorney or his substitute shall lawfully do or cause to be done
by virtue hereof.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the I 9 day
of November, 1996.
ARNOLD D. BECKER
STATE OF MICHIGAN )
)SS
COUNTY OF OAKLAND )
BE IT KNOWN, that on this )CrOday of November, 1996, before me, a Notary
Public in and for said County personally appeared ARNOLD D. BECICER, above named
who is to me known to be the person described in and who executed the above letter of
Attorney, and acknowledged the same to be his/her free act and deed.
t.
Renee D. Te—gel, Nota4y Public
Macomb County, acting in
Oakland County, Michigan
My Commission Expires: 6-16-97
AMENDMENT TO LEASE
AND
AGREEMENT TO ALLOW ASSIGNMENT OF LEASE
Effective Date of Amendment: January 1, 1999 @ 12:00 A.M.
Whereas, on November 29, 1995, the County of Oakland, on behalf of the Oakland
County Community Mental Health Agency (OCCMHA), entered into a lease with Bug=
Civic Plaza Associates, L.L.C.
Appachana, Landlord, for office space located at 20300 Civic Center Drive, Southfield,
Michigan 48076; and,
Whereas, on December 12, 1996, and on September 24, 1998 the Oakland County Board
of Commissioners, pursuant to MCL 330.1205, et seq., adopted Miscellaneous Resolutions
96260 and 98215 respectively, which Resolutions created an Oakland County Community
Mental Health Authority (hereinafter "Authority") which "Authority" will come into existence
on January 1, 1999; and,
Whereas, the current Oakland County Community Mental Health Agency will be
replaced by the "Authority", which "Authority" will by statute be a separate and distinct body,
not connected or affiliated with the County of Oakland; and,
Whereas, MCL 330.1205(2)(d) provides that in order to discharge the County from
financial liability for the "Authority", the County can require the "Authority" to assume and be
responsible for the cost(s) associated with the real or personal property leased by the County for
use by the Community Mental Health Services Agency prior to establishing the "Authority",
which property will continued to be utilized by the "Authority" when it comes into existence;
and,
Whereas, in order for the smooth transition of responsibilities from the County to the
Oakland County Community Mental Health "Authority", it is advantageous for Landlord and
Tenant to agree to an assignment of the above-referenced Lease to the Oakland County
Community Mental Health "Authority" upon the same terms and conditions as currently stated in
said Lease; and,
Therefore, in consideration of the lease continuing in an uninterrupted fashion while the
responsibility for the Lease is assigned and transferred to the "Authority" upon the same terms
and conditions as originally stated, including the uninterrupted payment of rent, it is hereby
agreed as follows:
1. That pursuant to Article Nine of the original Lease Agreement dated November 29,
1995, which Article provides for assignment of the Tenant with the written consent of the
Landlord, it is agreed between the parties that Tenant, the County of Oakland, may assign and
transfer all rights, responsibilities, obligations and liabilities, past, present and future under this
Lease to the Oakland County Community Mental Health Authority, which assignment shall be
effective at 12:00 a.m., January 1, 1999;
2. The parties further agree that upon assignment of this Lease from the County of
Oakland to the Oakland County Community Mental Health Authority all rights, responsibilities,
liabilities, obligations of any and all types whatsoever, past, present, or future, including all
claims and demands for rent (except any rent due and payable by the County up until the
assignment of this Lease on January 1, 1999), shall be extinguished as to the County of Oakland,
and Landlord agrees to hold the County of Oakland harmless for any obligations under this
Lease, past, present, or future;
3. It is further agreed between the parties that upon the assignment and transfer of this
WITNESSES: LANDLORD:
Lease to the Oakland County Community Mental Health Authority, all rights, title and interest in
this Lease shall pass to the "Authority";
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations and agreements, and other consideration(s) set forth in the Lease Agreement and
this Amendment, the receipt and adequacy of which is hereby acknowledged, the undersigned do
hereby assert that they have the requisite authority to execute this Agreement on behalf of their
respective Parties, and that they execute this Agreement on behalf of Tenant, Oakland County
and on behalf of the Landlord, Eugene Applebaum, and by doing so legally obligate and bind the
Landlord and Tenant to the terms and conditions of the contract and this Amendment.
WITNESSES:
AfflitExitlirkki
CIVIC PLAZA ASSOCIATES, L.L.C.
ByIt-.-2 C. )it3e...4.40.4-4._
GILBERT C. GERHARD, AGENT FOR OWNER
TENANT:
County of Oakland, a Michigan Municipal
and Constftitional Corporation
LRca, By:
Its: Ch4irliersovn, Oakland County Board of
Coriniissioners
N: \ TEMPFILEVOHN \CMH2TEASES \APPLEBAM \ASSIGN.
DEC..-2,11i(M0N) 10:50 CARS DEPT AT ETC TEL:3133371686 P. 002
AMENDMENT TO LEASE
AND
AGREEMEEMALLOXASAMMEMIWAtiE
Amendment Date
Whereas, on June 20, 1994, the County of Oakland, on behalf of the Oakland County
Community Mental Health Agency (OCCMHSB), entered into a lease with, Leslie London,
Lessor, which was subsequently assigned to Jethro Lai, for residential housing located at 25120
Circle Drive, Southfield, Michigan; and,
Whereas, on December 11 1996, and on September 24, 1998 the Oakland County Board
of Commissioners, pursuant to MCL 330.1205, et seq., adopted Miscellaneous Resolutions
96260 and 98215 respectively, which Resolutions created an Oakland County Community
Mental Health Authority (hereinafter "Authority") which "Authority" will come into existence
on January 1, 1999; and,
Whereas, the current Oakland County Community Mental Health Agency will be
replaced by the "Authority", which "Authority" will by statute be a separate and distinct body,
not connected or afilliated with the County of Oakland; arid,
Whereas, MCL 330.1205(2)(d) provides that in order to discharge the County from
financial liability for the "Authority", the County can require the "Authority" to assume and be
responsible for the cost(s) associated with the real or personal property leased by the County for
use by the Community Mental Health Services Board prior to establishing the "Authority",
which property will continued to be utilized by the "Authority" when it comes into existence;
and,
RECEIVED DATE : 12/21/98 10:48 FROM :3133371686
DE.C...-t198 (MON) 10:50 GARS DEPT AT ETO TEL:3133371686 P. 003
•
Whereas, in order for the smooth transition of responsibilities from the County to the
Oakland County Community Mental Health "Authority, it is advantageous for Lessor and
Lessee to agree to an assignMent of the above-referenced Lease to the Oakland County
Community Mental Health "Authority" upon the same terms and conditions as currently stated in
said Lease; and,
Therefore, in consideration of the lease continuing in art uninterrupted fashion while the
responsibility for the Lease is assigned and transferred to the "Authority" upon the same terms
and conditions as originally stated, including the uninterrupted payment of rent, it is hereby
agreed as follOWS:
1. That pursuant to paragraph 21 of the original Lease Agreement dated June 20, 1994,
which paragraph provides for assignment of this Lease, it is agreed between the parties that
Lessce, the County of Oakland, may assign and transfer all rights, responsibiltties, obligations
and liabilities, past, present and future under this Lease to the Oakland County Community
Mental Health "Authority", which assignment shall be effective at 12:00 Lm., January 1, 1999;
2. The parties further agree that upon assignment of this Lease from the County of
Oakland to the Oakland County Community Mental Health Authority all rights, responsibilities,
liabilities, obligations of any and all types whatsoever, past, present, or future, including all
claims and demands for rent, shall be extinguished as to the County of Oakland, and Landlord
agrees to hold the County of Oakland harmless for any obligations under this Lease, past.
present, or future;
3. ft is further agreed between the parties that upon the assignment and transfer of this
Lease to the Oakland County Community Mental Health Authority, all rights, title and interest in
this Lease shall pass to the "Authority";
RECEIVED DATE : 12/21/98 10:48 FROM :3133371686
WITNESSES: LESSOR:
Jethro Lai:
TEL 3133371686 P. 004 DECA1` 93 NON) 10 50 CARS DEPT AT ETC
e°
For and in consideration of the mutual assurances. promises, acknowledgments, warrants,
representations and agreements set forth in the Lease Agreement and this Amendment and for
Other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the undersigned do hereby assert that they have the requisite authority to execute
this Agreement on behalf of their respective Parties, and that they execute this Agreement on
behalf of Lessee, Oakland County and on behalf of the Lessor, and by doing so legally obligate
and bind the Lessor and Lessee to the terms and conditions of the contract and this Amendment.
I 2-1 -?
Dated:
N nTF.MPFILEnDONALDNATITFiLAI AMr)
Colnity,or Oakland. a Michigan
Consti 01°44 Corporation
RECEIVED DATE : 12/21/98 10:48 FROM :3133371686
Amendment Date
AMENDMENT TO LEASE
AND
AGREEMENT TO ALLOW ASSIGNMENT OF LEAS
Whereas, on September 1, 1995, the County of Oakland, on behalf of the Oakland County
Community Mental Health Agency (OCCMHSB), entered into a lease with Judson Cnter, Inc., A
Michigan Corporation, Lessor, for residential housing located at 7473 Coach Lane, West
Bloomfield Township, Michigan; and,
Whereas, on December 12, 1996, and on September 24, 1998 the Oakland County Board
of Commissioners, pursuant to MCL 330.1205, et seq., adopted Miscellaneous Resolutions
96260 and 98215 respectively, which Resolutions created an Oakland County Community
Mental Health Authority (hereinafter "Authority") which "Authority" will come into existence
on January 1, 1999; and,
Whereas, the current Oakland County Community Mental Health Agency will be
replaced by the "Authority", which "Authority" will by statute be a separate and distinct body,
not connected or affiliated with the County of Oakland; and,
Whereas, MCL 330.1205(2)(d) provides that in order to discharge the County from
financial liability for the "Authority", the County can require the "Authority" to assume and be
responsible for the cost(s) associated with the real or personal property leased by the County for
use by the Community Mental Health Services Board prior to establishing the "Authority",
which property will continued to be utilized by the "Authority" when it comes into existence;
and,
Whereas, in order for the smooth transition of responsibilities from the County to the
Oakland County Community Mental Health "Authority", it is advantageous for Lessor and
Lessee to agree to an assignment of the above-referenced Lease to the Oakland County
Community Mental Health "Authority" upon the same terms and conditions as currently stated in
said Lease; and,
Therefore, in consideration of the lease continuing in an uninterrupted fashion while the
responsibility for the Lease is assigned and transferred to the "Authority" upon the same terms
and conditions as originally stated, including the uninterrupted payment of rent, it is hereby
agreed as follows:
1. That pursuant to paragraph 19 of the original Lease Agreement dated September 1,
1995, which paragraph provides for assignment of this Lease, it is agreed between the parties that
Lessee, the County of Oakland, may assign and transfer all rights, responsibilities, obligations
and liabilities, past, present and future under this Lease to the Oakland County Community
Mental Health "Authority", which assignment shall be effective at 12:00 a.m., January 1, 1999;
2. The parties further agree that upon assignment of this Lease from the County of
Oakland to the Oakland County Community Mental Health Authority all rights, responsibilities,
liabilities, obligations of any and all types whatsoever, past, present, or future, including all
claims and demands for rent, shall be extinguished as to the County of Oakland, and Landlord
agrees to hold the County of Oakland harmless for any obligations under this Lease, past,
present, or future;
3. It is further agreed between the parties that upon the assignment and transfer of this
Lease to the Oakland County Community Mental Health Authority, all rights, title and interest in
this Lease shall pass to the "Authority";
By:
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations and agreements set forth in the Lease Agreement and this Amendment and for
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the undersigned do hereby assert that they have the requisite authority to execute
this Agreement on behalf of their respective Parties, and that they execute this Agreement on
behalf of Lessee, Oakland County and on behalf of the Lessor, and by doing so legally obligate
and bind the Lessor and Lessee to the terms and conditions of the contract and this Amendment.
WITNESSES:
42/(
NATEMPFILEDONALD\AUTHJUD.AMD
LESSOR:
Judson Center Inc., A Michigan Corporation
By:
County cif Oakland, a Michigan
ConstituiorkCorporation
AMENDMENT TO LEASE
AND
AGREEMENT TO ALLOW ASSIGNMENT OF LEAS
Amendment Date
Whereas, on September 1, 1996, the County of Oakland, on behalf of the Oakland County
Community Mental Health Agency (OCCMHSB), entered into a lease with Judson Center, Inc.,
A Michigan Corporation, Lessor, for residential housing located at 6110 St. James Drive, West
Bloomfield Township, Michigan; and,
Whereas, on December 12, 1996, and on September 24, 1998 the Oakland County Board
of Commissioners, pursuant to MCL 330.1205, et seq., adopted Miscellaneous Resolutions
96260 and 98215 respectively, which Resolutions created an Oakland County Community
Mental Health Authority (hereinafter "Authority") which "Authority" will come into existence
on January 1, 1999; and,
Whereas, the current Oakland County Community Mental Health Agency will be
replaced by the "Authority", which "Authority" will by statute be a separate and distinct body,
not connected or affiliated with the County of Oakland; and,
Whereas, MCL 330.1205(2)(d) provides that in order to discharge the County from
financial liability for the "Authority", the County can require the "Authority" to assume and be
responsible for the cost(s) associated with the real or personal property leased by the County for
use by the Community Mental Health Services Board prior to establishing the "Authority",
which property will continued to be utilized by the "Authority" when it comes into existence;
and,
• '
Whereas, in order for the smooth transition of responsibilities from the County to the
Oakland County Community Mental Health "Authority", it is advantageous for Lessor and
Lessee to agree to an assignment of the above-referenced Lease to the Oakland County
Community Mental Health "Authority" upon the same terms and conditions as currently stated in
said Lease; and,
Therefore, in consideration of the lease continuing in an uninterrupted fashion while the
responsibility for the Lease is assigned and transferred to the "Authority" upon the same terms
and conditions as originally stated, including the uninterrupted payment of rent, it is hereby
agreed as follows:
1. That pursuant to paragraph 19 of the original Lease Agreement dated September 1,
1996, which paragraph provides for assignment of this Lease, it is agreed between the parties that
Lessee, the County of Oakland, may assign and transfer all rights, responsibilities, obligations
and liabilities, past, present and future under this Lease to the Oakland County Community
Mental Health "Authority", which assignment shall be effective at 12:00 a.m., January 1, 1999;
2. The parties further agree that upon assignment of this Lease from the County of
Oakland to the Oakland County Community Mental Health Authority all rights, responsibilities,
liabilities, obligations of any and all types whatsoever, past, present, or future, including all
claims and demands for rent, shall be extinguished as to the County of Oakland, and Landlord
agrees to hold the County of Oakland harmless for any obligations under this Lease, past,
present, or future;
3. It is further agreed between the parties that upon the assignment and transfer of this
Lease to the Oakland County Community Mental Health Authority, all rights, title and interest in
this Lease shall pass to the "Authority";
Dated:
WITNESS/
Lir oriM
Dated: t kAty.
By:
County of Oak
Constitutional
\I
acT III '
nd a Michigan
ration
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations and agreements set forth in the Lease Agreement and this Amendment and for
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the undersigned do hereby assert that they have the requisite authority to execute
this Agreement on behalf of their respective Parties, and that they execute this Agreement on
behalf of Lessee, Oakland County and on behalf of the Lessor, and by doing so legally obligate
and bind the Lessor and Lessee to the terms and conditions of the contract and this Amendment.
WITNESSES:
NATEMPFILE\DONALD\AUTPIJUD2.AMD
LESSOR:
Judson Center Inc., A Michigan Corporation
• • m
By:
I
AMENDMENT TO LEASE
AND
Lio Au_AlwAssicoNmEr littanr.n JAI
IWT 248 858 1003 11/19/98 13:26 51:05/07 N0:040 OC COAP COUNSEL
Amendment Date 4
Whereas, on February 1, 1996, the County of Oakland, on behalf of the Oakland County
Community Mental Health Agency (OCCMHSB), entered into a lease with Ronald D. Leix and
Teck S. Liana Lessors, for residential housing located at 2034 °strum, Waterford Township, Ml.
and,
Whereas, on December 12, 1996, and on September 24, 1998 the Oakland County Board
of Commissioners, pursuant to MCL 330.1205, et seq., adopted Miscellaneous Resolutions
96260 and 98215 respectively, which Resolutions created an Oakland County Community
Mental Health Authority (hereinafter "Authority") which "Authority" will come into existence
on January 1, 1999; and,
Whereas, the current Oakland County Community Mental Health Agency will be
replaced by the "Authority", which "Authority" will by statute be a separate and distinct body,
not connected or affiliated with the County of Oakland; and,
Whereas, MCL 330.1205(2)(d) provides that in order to discharge the County from
financial liability for the "Authority", the County can require the "Authority" to assume and be
responsible for the cost(s) associated with the real or personal property leased by the County for
use by the Community Mental Health Services Board prior to establishing the "Authority",
which property will continued to be utilized by the "Authority" when it comes into existence;
and,
11119198 13:26 5:06/07 NO:040 17 248 858 1003 OC CORP COUNSEL
I
Whereas, in order for the smooth transition of responsibilities from the County to the
Oakland County Community Mental Health "Authority", it is advantageous for Lessors and
Lessee to agree to an assignment of the above-referenced Lease to the Oakland County
Community Mental Health "Authority" upon the same terms and conditions as currently stated in
said Lease; and,
Therefore, in consideration of the lease continuing in an uninterrupted fashion while the
responsibility for the Lease is assigned and transferred to the "Authority" upon the same terms
and conditions as originally stated, including the uninterrupted payment of rent, it is hereby
agreed as follows:
1. That pursuant to paragraph 19 of the original Lease Agreement dated February 1,
1996, which paragraph provides for assignment of this Lease, it is agreed between the parties that
Lessee, the County of Oakland, may assign and transfer all rights, responsibilities, obligations
and liabilities, past, present and future under this Lease to the Oakland County Community
Mental Health "Authority", which assignment shall be effective at 12:00 a.m., January 1, 1999;
2. The parties further agree that upon assignment of this Lease from the County of
Oakland to the Oakland County Community Mental Health Authority all rights, responsibilities,
liabilities, obligations of any and all types whatsoever, past, present, or future, including all
claims and demands for rent, shall be extinguished as to the County of Oakland, and Landlord
agrees to hold the County of Oakland harmless for any obligations under this Lease, past,
present, or future;
3. It is further agreed between the parties that upon the assignment and transfer of this
Lease to the Oakland County Community Mental Health Authority, all rights, title and interest in
this Lease shall pass to the "Authority-;
WITNESSES: LESSORS:
Ronald n_Leix
Teck S. Lian
WITNESSE
Att Alt
,Livra
Dated:
By:
Oc,,CORP COUNSEL 248 858 1003 11/19/98 13:26 5:07/07 NO:040
4 of •
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
representations and agreements set forth in the Lease Agreement and this Amendment and for
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the undersigned do hereby assert that they have the requisite authority to execute
this Agreement on behalf of their respective Parties, and that they execute this Agreement on
behalf of Lessee, Oakland County and on behalf of the Lessors, and by doing so legally obligate
and bind the Lessors and Lessee to the terms and conditions of the contract and this Amendment.
NXTEMPI,ILINX)NALIMUTRLF.IX.AMD
County of Oakland, a Michigan
Constifut4onlithCorporation
ed 248 858 1003 11/19/98 13:26 5:02/07 NO:040 OC CORP COUNSEL
w
two s
AMENDMENT TO LEASE Onoration Counsel's OfflOe AND
AGREE1ENT TO ALLOWASSIGNMENT OF LEASE Nov 23 998
Amendment Date---1-411
Whereas, on October 16, 1995, the County of Oakland, on behalf of the Oakland County
Community Mental Health Agency (OCCMHSB), entered into a lease with Ronald D. Leix and
Teck S. Lian, Lessors, for residential housing located at 275 Lesdale, Troy, MI. and,
Whereas, on December 12, 1996, and on September 24, 1998 the Oakland County Board
of Commissioners, pursuant to MCL 330.1205, et seq., adopted Miscellaneous Resolutions
96260 and 98215 respectively, which Resolutions created an Oakland County Community
Mental Health Authority (hereinafter "Authority") which "Authority" will come into existence
on January 1, 1999; and,
Whereas, the current Oakland County Community Mental Health Agency will be
replaced by the "Authority", which "Authority" will by statute be a separate and distinct body,
not connected or affiliated with the County of Oakland; and,
Whereas, MCL 330.1205(2)(d) provides that in order to discharge the County from
financial liability for the "Authority -, the County can require the "Authority" to assume and be
responsible for the cost(s) associated with the real or personal property leased by the County for
use by the Community Mental Health Services Board prior to establishing the "Authority",
which property will continued to be utilized by the "Authority" when it comes into existence;
and.
Whereas, in order for the smooth transition of responsibilities from the County to the
1-3 248 858 1003 11/19/98 13:26 5:03/07 N0:040 OC CORP COUNSEL
- 9 —
Oakland County Community Mental Health "Authority", it is advantageous for Lessors and
Lessee to agree to an assignment of the above-referenced Lease to the Oakland County
Community Mental Health "Authority" upon the same terms and conditions as currently stated in
said Lease; and,
Therefore, in consideration of the lease continuing in an uninterrupted fashion while the
responsibility for the Lease is assigned and transferred to the "Authority" upon the same terms
and conditions as originally stated, including the uninterrupted payment of rent, it is hereby
agreed as follows:
1. That pursuant to paragraph 19 of the original Lease Agreement dated October 16,
1995, which paragraph provides for assignment of this Lease, it is agreed between the parties that
Lessee, the County of Oakland, may assign and transfer all rights, responsibilities, obligations
and liabilities, past, present and future under this Lease to the Oakland County Community
Mental Health "Authority", which assignment shall be effective at 12:00 aim, January 1, 1999;
2. The parties further agree that upon assignment of this Lease from the County of
Oakland to the Oakland County Community Mental Health Authority all rights, responsibilities,
liabilities, obligations of any and all types whatsoever, past, present, or future, including all
claims and demands for rent, shall be extinguished as to the County of Oakland, and Landlord
agrees to hold the County of Oakland harmless for any obligations under this Lease, past,
present, or future;
3. It is further agreed between the parties that upon the assignment and transfer of this
Lease to the Oakland County Community Mental Health Authority, all rights, title and interest in
this Lease shall pass to the "Authority";
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
WITNESSES: LESSORS:
Ronald D. Leix
Teck S. Lian
Dated:
WITNERSE
By:
248 858 1003 11/19198 13:26 5:04/07 NO:040 OC ,CORP COUNSEL
- ,
? *
representations and agreements set forth in the Lease Agreement and this Amendment and for
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the undersigned do hereby assert that they have the requisite authority to execute
this Agreement on behalf of their respective Parties, and that they execute this Agreement on
behalf of Lessee, Oakland County and on behalf of the Lessors, and by doing so legally obligate
and bind the Lessors and Lessee to the terms and conditions of the contract and this Amendment,
NATEMPVILEVXMAIIAAUTLLIX2.AMO
County of Oakland, a Michigan
Constinitimal Corporation
FISCAL NOTE (Misc. #98335) December 10, 1998
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: AMENDMENT TO OAKLAND COUNTY COMMUNITY MENTAL HEALTH OFFICE AND RESIDENTIAL
LEASES
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 requests authorization and approval of an agreement
to transfer and assign all rights, responsibilities, obligations,
and duties for the leases of eight facilities (see resolution for
details) used by the Community Mental Health Services Board, to the
Community Mental Health (CMH) Authority.
2. The CMH Authority will assume complete liability and responsibility
for the referenced leases, and that the County of Oakland shall have
no remaining obligation, liability, responsibility, or duty of any
kind.
3. Revenue for Facilities Maintenance and Operations has been budgeted
in 1999, and expense for CNN has been budgeted; therefore; no budget
amendments are necessary.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
•IP
till 4 1 '44
Resolution #98335 December 10, 1998
Moved by Palmer supported by Amos the Public Services Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Amos the resoltion be adopted.
AYES: Moffitt, Cbrecht, Palmer, Taub, Wolf, Amos, Coleman, Douglas,
Gregory, Hoffman, Holbert, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett,
Law, McCulloch, McPherson, Millard. (21)
NAYS: Garfield. (1)
A sufficient majority having voted therefor, the resolution was adopted.
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 tills
)11
Oth day of.December, 1998.
AW4tWUrt,
G. William Caddell, County Clerk