HomeMy WebLinkAboutResolutions - 1999.04.29 - 25601April 29, 1999
Miscellaneous Resolution 99105
BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR ADDITIONAL
LEASE SPACE FOR ROCHESTER HILLS 52-3 DISTRICT COURT PROBATION
DEPT., 130 HAMPTON CIRCLE DRIVE, SUITE 150, ROCHESTER HILLS
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 Probation Department is presently leasing a facility in
the City of Rochester Hills, identified as 141 Hampton Circle Drive, Suite 141, Rochester Hills,
Michigan, a.k.a. Hampstead Office Building; and
WHEREAS, the Probation Department case load, personnel and record retention needs
have increased to the point where its present office space is no longer adequate; and
WHEREAS, Landcaster Properties, L.L.P. has identified office space of 1,100 square feet
that is available at 130 Hampton Circle Drive, Suite 150, Rochester Hills, Michigan and would satisfy
the needs of the Probation Department; and
WHEREAS, the County of Oakland and Landcaster Properties, L.L.P. have agreed to a new
lease agreement for a period of three (3) years at a rate of $17.40 per square foot per year and the
County shall have the right to terminate during the third year; and
WHEREAS, the effective date of said lease shall be May 1, 1999 or such subsequent date
as directed by this Board; and
WHEREAS, the Department of Facilities Management along with Corporation Counsel has
reviewed all the necessary agreements and documents.
WHEREAS, the County Executive recommends this new lease agreement between
Landcaster Properties, L.L.P. and the County of Oakland for a period of three (3) years at a rate of
$17.40 for 1,100 square feet.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the new lease agreement at 130 Hampton Circle Drive, Suite 150, Rochester Hills,
between Landcaster Properties, L.L.P. 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 130 Hampton Circle Drive, Suite 150,
Rochester Hills between Landcaster Properties, L.L.P. and the County of Oakland.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Planning and Building Committee Vote:
Motion carried unanimously on a roll call vote.
LEASE
This Lease is made and entered into as of this day of
, 1999, by LANDCASTER PROPERTIES, LLP, whose
address is 3199 Sandy Creek Drive, Shelby Township, MI 48316
(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 those
certain premises at Landcaster Office Building, 130 Hampton Circle
Drive, Suite 150, Rochester Hills, Michigan, containing
approximately 1,100 square feet of space (hereinafter referred to
as the "Premises").
2. Term- The term of this Lease shall commence upon May 1,
1999 and shall end on the date three (3) years after such
commencement date (hereinafter referred to as the "Term"), 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, Nineteen Thousand,
One Hundred and Forty and 00/100 Dollars ($19,140.00) per year
(based on the approximate rate of Seventeen Dollars and 40/100
($17.40) per net square foot per year), which sum shall be payable
by TENANT to LANDLORD in equal consecutive monthly installments of
One Thousand Five Hundred Ninety Five 00/100 Dollars ($1,595.00),
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.
6. Place of Payment. Payments due under this Lease from
TENANT to LANDLORD shall be paid at the address of LANDLORD set
forth above, cr at such other place as LANDLORD may designate in
writing.
7. Boldina 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
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. Extension 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 not be used in
violation of any law, municipal ordinance, or regulation.
10. Eauipment and FUrnishinas- 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) recarpet or clean the
existing carpet as mutually agreed upon.
12. Cormliance 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.
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%) of the Premises are damaged or
destroyed by 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 maintain Commercial
General Liability insurance with respect to the Premises, at its
expense, in the minimum amount of One Million and 00/100 Dollars
($1,000,000.00) combined single limit coverage per occurrence. The
County of Oakland, its elected and appointed officials, employees
and volunteers shall be named as additional insureds. Landlord
shall provide Tenant with an appropriate certificate of insurance
evidencing such insurance coverage as aforesaid. Tenant shall
maintain Commercial General Liability insurance or self insurance
with respect to the Premises, at its expense, in the minimum amount
of One Million and 00/100 Dollars ($1,000,000.00) combined single
limit coverage per 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, sidewalks, 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.
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. Sians• 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
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.
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 - Parkina. 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 four(4) dedicated
spaces.
24. Taxes . Property taxes are included in this lease
agreement. Tenant agrees to pay•any increase, and Landlord agrees
to reduce the rental rate if property taxes are reduced for any
reason. Tenant agrees to pay any special added business tax
relating to school funding as part of its prorata share of this
building. This increase or decrease shall be based on the year of
occupancy of Tenants.
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. inen Dome'n- 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 (35t) of the Premises shall be
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 Eniovment• 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 shall peacefully 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 - Governina Law- This Lease shall be interpreted under and
governed by the laws of the State of Michigan.
31. Severabilitv• 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.
34. Bindina 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
sufficiently 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.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease as of the day and year first above written.
WITNESSES: R. G. DRYDEN
(PROPERTY MANAGER)
By:
LANDCASTER PROPERTIES, LLP
RICHARD G. DRYDEN,
PROPERTY MANAGER
(TENANT) '
By:
By:
John P. McCulloch,
Chairperson
Oakland County Board of
Commissioners
By:
L. BROOKS PATTERSON,
Oakland County Executive
STATE OF MICHIGAN )
) ss
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this
day of , 1999 by RICHARD G. DRYDEN, Property Manager
of LANDCASTER PROPERTIES, LLP.
Notary Public,
Michigan
My Commission Expires:
County,
STATE OF MICHIGAN )
) ss
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this
day of , 1999 by JOHN MCCULLOCH, Chairperson of the
Board of Commissioners of the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, on behalf of the Corporation.
Notary Public, Oakland County,
Michigan
My Commission Expires:
STATE OF MICHIGAN )
) as
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this
day of , 1999, 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:
52-3 DISTRICT COURT
FACILITY NEEDS JUSTIFICATION
The 3rd Division of the 52nd District Court, located in Rochester Hills is in need of
additional space to accommodate the growth in caseload and staffing. The following is a
justification of the needs:
The current Courthouse facility was occupied by this Court in 1982. At that time, the
Court employed two (2) District Court Judges and their staffs, 13 case processing assistants and
one (1) Court Administrator (total number ofpositions in 1982 was 20). In 1989, an addition
was added to the current Courthouse facility that accommodated a third Judgeship and staff and a
storage area for the entire facility. In 1992, the Court acquired it's own Probation Department
and was forced to move the department off of the Courthouse facility site to a different location.
On this date, this Court employs the following:
Coarthouse
3 District Court Judges
1 District Court Administrator
1 Magistrate
3 District Court Recorders
3 Law Clerks
1 Office Supervisor
1 Administrative Assistant
235 Case Processing Assistants
1 Certified Electronic Operator
2 Students
Total: 40 positions
Probation Eacility
4 Probation Officers
3 Clerical
Total: 7 positions
As shown above, the staffing number has increased 135% from 1982 to present. This
presents a number of problems. They are as follows:
-4
The Probation Department is located in a building across the parking lot We have four
(4) probation officers that have 400 clients per month that report to them. One (1) of the four (4)
Facility Needs
Page 2
probation officers is housed in a storage room and uses that space for her office. She utilizes a
desk that is very small and has the ability to fit one (1) conference chair in the room. During
counseling, the clerical staff must continuously interrupt her and her client to retrieve files and
supplies. Note: The Probation Department's caseload has increased 27% since 1997.
Our general clerical area that processes all of the court cases is full. If we did not
have a staff that works at night, there would be three (3) full-time employees that would
not have a desk to process their work. Since I have a night staff, I currently have
three (3) part-time employees that do not have work space. Everyday that they come
to work they have to ask a supervisor where to sit.
The next group of statistics justify our space concern needs through caseload increase.
Since 1984, this Court's caseload has increased 125%. 24,200 cases were filed in 1984 and
54,375 cases were filed in 1998. A caseload increase not only affects the workload of the staff,
eventually creating an increase in staffing, it affects our space needs. Most closed cases are
required (by law) to be kept for 10 years. Other items that must be stored according to the law
are: Court recorder tapes for all civil and criminal proceedings (10 years), search warrants (10
years), probation files and presentence reports (3 years after discharge from probation), all
financial records of the Court (6 years), jury lists (3 years), required statistical reports (1 year)
and all magistrate daily and quarterly dockets and reports. Not taking pending cases into
consideration, this Court is now storing 591,021,000 files.
The increase in caseload and the required time to keep closed files has completely filled
our main storage room. Even though we are current with our records destruction system, we
have filed and ticket boxes piled five (5) high which makes it very difficult to retrieve. We have
staff members climbing to the ceiling of the storage room to retrieve files (not to mention the fire
hazard). We are UM occupying our judicial conference room and the law library to store files,
making it impossible to use the rooms as intended.
To summarize, the above statistics show* how this Court's personnel and caseload has
increased over the years and how it if affecting our existing facility needs.
FISCAL NOTE (Misc. #99105) April 29, 1999
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR ADDITIONAL LEASE SPACE
FOR ROCHESTER HILLS 52-3 DISTRICT COURT PROBATION DEPT., 130 HAMPTON CIRCLE
DRIVE, SUITE 150, ROCHESTER HILLS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance has reviewed the above
referenced resolution and finds:
1. The resolution requests authorization and approval of an agreement
to lease additional square footage for a period of three years, with
the right to terminate the lease during the third year.
2. The lease agreement would involve moving personnel from the 52-3
District Court Probation Dept., at 141 Hampton Circle Drive, Suite
141, to a larger facility of 1,100 square feet at 130 Hampton Circle
Drive, Suite 150, both in Rochester Hills, Michigan.
3. The lease agreement is for $17.40 per square foot, per year, for a
total of $19,140 per year.
4. The lease agreement would commence 5/1/99 and extend through
4/30/03.
5. A budget amendment is recommended as follows:
Revenue:
1-32-401100-20001-0813 Probation Fees
Expenditures:
2-32-401200-20001-3476 Rent
Total
FY 1999
$20,000
$20,000
$0
FY 2000
$20,000
$20,000
$0
FINANCE COMMITTEE
X01(23
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #99105 April 29, 1999
Moved by Palmer supported by Garfield the resolution be adopted.
AYES: Law, McPherson, Millard, Moffitt, Obrecht, Palmer, Patterson,
Schmid, Sever, Suarez, Taub, Appel, Causey-Mitchell, Colasanti, Devine,
Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
REGOING RESOLUTION
Alva Date
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 April 29, 1999 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 22711 day/Of April, 1999.
G. William Caddell, County Clerk