Loading...
HomeMy WebLinkAboutResolutions - 2000.05.04 - 26168MAY 4,2Ô00 MISCELLANEOUS RESOLUTION #00097 BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON In RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR LEASE SPACE FOR THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AT 7 NORTH SAGINAW STREET, PONTIAC, MICHIGAN 48342 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies, And Gentlemen: WHEREAS, the Oakland County Department of Community and Economic Development, the Downtown Development Authority of the City of Pontiac and Lawrence Technological University are jointly sponsoring the creation of a Downtown Design Studio Program in the City of Pontiac; and WHEREAS, the purpose of the Downtown Design Studio Program is to provide professional assistance to all Oakland County communities seeking to redevelop downtown areas; and WHEREAS, the intent of the Downtown Design Studio Program is to establish a presence in a host community to generate public awareness and participation in an on-going planning and development atmosphere; and WHEREAS, the Department of Facilities Management has identified available office and studio space of 3,613 square feet at 7 North Saginaw Street, Pontiac, MI that would satisfy the needs of the program; and WHEREAS, the County of Oakland and Oakland Arts Center Limited Partnership have agreed to a new lease agreement for a period of three (3) years with an option to extend the lease for an additional three (3) years on a year to year basis; and WHEREAS, the monthly rental rates for the initial three year term of the lease are as follows: Year One $4,215 monthly Year Two $4,516 monthly Year Three $4,817 monthly WHEREAS, the effective date of said lease shall be May 1, 2000 or such subsequent date as directed by the Board; and WHEREAS, the Department of Facilities Management along with Corporation Counsel have reviewed all the necessary agreements and documents; and WHEREAS, the County Executive recommends this new lease agreement between Oakland Arts Center Limited Partnership and the County of Oakland. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the new lease agreement at 7 North Saginaw Street, Pontiac, Michigan 48342 between Oakland Arts Center Limited Partnership and the County of Oakland for a period of three (3) years with the option to extend the lease for an additional three (3) years. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its chairperson or its designee to execute the lease agreement at 7 North Saginaw Street, Pontiac, Michigan 48342 between Oakland Arts Center Limited Partnership 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 Vote: Motion carried unanimously on a roll call vote. LEASE THIS LEASE made this 4th day of May, 2000, by and between: OAKLAND ARTS CENTER LIMITED PARTNERSHIP a Michigan limited partnership 1 N. Saginaw St. Pontiac, Michigan 48342 the Lessor, hereinafter designated as Landlord, and: COUNTY OF OAKLAND A Michigan Constitutional Corporation 1200 N. Telegraph Rd. Pontiac, MI 48341 the Lessee, hereinafter designated as Tenant (2) DESCRIPTION/TERM/COMMENCEMENT. (a) Premises. Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed by Tenant, leases to Tenant the following described premises situated in the City of Pontiac, County of Oakland, State of Michigan: approximately three thousand, six hundred and thirteen (3,613) square feet (the "Premises") located in a mixed-use building commonly known as 7. N. Saginaw, Pontiac, MI 48342, Pontiac, Michigan (the "Building"). Attached hereto as Exhibit A is a legal description of the real property upon which the Building is constructed (the "Property"). Attached hereto as Exhibit B is an outline of the approximate location of the Premises in the Building. The leased space includes Suite E - 1,111 square feet; Suite B -1,119 square feet and; Suite C -1,383 square feet (b) Term. The Lease term shall begin on the Commencement Date and shall run for thirty-six (36) full calendar months thereafter, unless sooner terminated as provided herein (the 'Term"). In the event that the Commencement Date is other than the first day of a month, then the Term shall be extended by the number of days remaining in the first month after the Commencement Date. (c) Commencement. The Term shall commence on the earliest of the following (the "Commencement Date"): (I) May 4, 2000; or (ii) Occupancy of the Premises by Tenant in whole or in part. Provided, however, in the event that Tenant shall be unable to occupy the Premises due solely to the inability of Landlord to complete Landlord's work so as to ready the Premises for Tenant's occupancy and provided further that Tenant shall not have contributed to or caused in whole, or in part, the delay, then in that event, the Commencement Date shall be delayed until the date on which the City of Pontiac issues either a conditional or final Certificate of Occupancy. (3) RENT. Tenant agrees to pay to Landlord as rental for the Premises (the "Rent") during the Term, in monthly installments in advance, on the first day of each month as follows: (1 ) Page 1 (7) (5) (5) (10) $4215.00 Upon execution of this Lease, receipt of which is hereby acknowledged representing payment of rental for May 4, 2000, and a like sum on the first day of each month thereafter through and including April 30, 2001; and $4516.00 On May 1, 2001 and a like sum on the first day of each month thereafter through and including April 30, 2002. $4817.00 On May 1, 2002 and a like sum on the first day of each month thereafter through and including April 30, 2003. The Rent shall commence on the Commencement Date. If the Commencement Date is other than the first day of a month, the Rent and other payments due to Landlord shall be adjusted to reflect the addition of the days in the month of commencement, and in such case, the rent due for the month of commencement shall be prorated based upon the number of days remaining in said month. (4) GROSS RENT. The purpose and intent of this Lease is that the Rent shall be a gross rent and Landlord shall be responsible for the maintenance and upkeep of the Building (but not the interior of the Leased Premises) at Landlord's sole expense. (5) PLACE OF PAYMENT. All payments of rent or other sums to be made to Landlord shall be paid at the address of Landlord set forth above, or at such other place as Landlord may designate in writing. (6) ASSIGNMENT. Tenant covenants not to assign or transfer this Lease or hypothecate or mortgage the same or sublet said Premises or any part thereof without the written consent of Landlord. Any assignment, transfer, hypothecation, mortgage, or subletting without said written consent shall give Landlord the right to terminate its Lease and to reenter and repossess the Premises. BANKRUPTCY AND INSOLVENCY. Tenant agrees that if the estate created hereby shall be taken in execution, or by other process of law, or if Tenant shall be declared bankrupt or insolvent, according to law, or any receiver be appointed for the business and property of Tenant, or if any assignment shall be made of Tenant's property for the benefit of creditors, then and in such event this Lease may be canceled at the option of Landlord. RIGHT TO MORTGAGE. This Lease, at Landlord's option, shall be subordinate to any mortgage, now or hereafter placed upon the Property of which the Premises are a part and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee shall elect to have this Lease prior to the lien of its mortgage, and shall give written notice thereof to Tenant, this Lease shall be deemed prior to such mortgage, whether this Lease is dated prior or subsequent to the date of said mortgage. USE AND OCCUPANCY. Tenant will not use the Premises for any purpose in violation of any law, municipal ordinance, or regulation, and that on any breach of this agreement Landlord may, at its option, terminate this Lease forthwith and reenter and repossess the Premises. DESTRUCTION OF PREMISES. It is understood and agreed that if the Premises hereby leased be damaged or destroyed in whole or in part by fire or other casualty during the term hereof, Landlord will, repair and restore the Premises to good and tenantable condition with reasonable dispatch, provided insurance proceeds are available to Landlord, and that the rent herein provided for shall abate entirely in case the entire premises are untenable and pro rata for the portion rendered untenable, in case a part only is untenable, until the same shall be restored to a tenantable condition; provided, however, that if Tenant shall fail to adjust its own insurance or to remove its damaged Page 2 goods, wares, equipment, or property within a reasonable time, and as a result thereof the repairing and restoration is delayed, there shall be no abatement of rental during the period of such delay. In case the Premises, or the Building shall be destroyed to the extent of more than one-half (1/2) of the value thereof, Landlord may, at its option, terminate this Lease forthwith by a written notice to Tenant Landlord's duty to restore shall at all times be conditioned upon collection of insurance proceeds. In the event the Premises cannot be repaired or rebuilt within one hundred eight (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 the one hundred eighty (180) day period. (11) INSURANCE. Landlord shall maintain: Commercial General Liability Insurance in the minimum amount of $1,000,000 Combined Single Limit per occurrence, including Contractual Liability coverage recognizing this contract Tenant shall maintain Commercial General Liability insurance and/or self insurance on its use and occupancy of the Leased Premises in the same amount. Each party shall be responsible for its own acts and the acts of its employees and agents, and the defense to those acts. Nothing in this paragraph shall be construed to permit or require either party to indemnify the other against any possible loss or claim arising from this lease. (12) MUTUAL WAIVER OF SUBROGATION. It is hereby understood and agreed between the parties, with regard to the premises and/or contents of the premises that to the extent that a loss is covered by insurance, the Landlord and Tenant agree that they shall not be liable to each other for any loss resulting directly or indirectly from losses such as, but not limited to fire, explosion, smoke damage, vehicle damage, aircraft damage, riot and civil commotion, vandalism and malicious mischief. (13) REPAIRS AND SERVICES. Landlord shall maintain and keep in good repair the roof, ceilings, walls, floors, foundations, electrical systems, plumbing, sidewalks, heating and cooling systems and exterior glass at the premises. Landlord agrees to provide, at its own expense, trash removal, snow and ice removal from sidewalks and steps. Tenant agrees to provide and maintain a separate temperature control devices (and make such other related modifications to the HVAC system as it may require) in each suite at Tenant's sole expense. Tenant shall provide custodial services to the Leased Premises. (14) ALTERATIONS. Tenant shall not make any alterations, additions, or improvements to said Premises without the Landlord's written consent, and all alterations, additions, or improvements made by either of the parties thereto upon the Premises, except movable office furniture and trade fixtures put in at the expense of the Tenant, shall be the property of Landlord and shall remain upon and be surrendered with the premises at the termination of this Lease, without molestation or injury. Provided, however, Landlord may, at any time, designate by written notice to Tenant those alterations, additions, or improvements to the Premises which, upon termination of the Lease, Tenant must remove. Tenant shall promptly remove, when requested, the alteration, additions, and improvements and repair any damage to the Premises caused by such removal or caused by the removal of Tenant's movable office fumiture and trade fixtures. (15) EMINENT DOMAIN. If the whole part of the Premises is taken under the power of eminent domain, then the term of this Lease shall cease as of the day possession is taken by such public authority. If less than the whole but more than thirty-five (35%) 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 neither party hereto shall have any further liability or obligation hereunder. All damages awarded for such taking shall belong to and be the property of Landlord, whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the Premises provided, however, that Landlord shall not be entitled to any portion of the award made to Tenant for loss of business. Page 3 (16) ACCESS. Landlord reserves the right to use and/or rent the roof for commercial purposes and shall have the right of free access at all times to the roof of the Premises. Tenant shall not erect any structures for storage or any aerial, or use the roof for any purpose without the written consent of Landlord. The Premises consists of only a part of the Building. Tenant agrees that Landlord may enter the Premises at reasonable times and install or repair pipes, wires, and other appliances or make any repairs deemed by Landlord essential to the use and occupancy of the Building. Landlord shall have the right to enter upon the Premises at all reasonable hours for the purpose of inspecting the same. (17) CARE OF PREMISES. Tenant shall not perform any acts or carry on any practices which may injure the Property or Building or be a nuisance or menace to other Tenants in the Building. Tenant shall keep the Premises in good repair, wear and tear from reasonable use and damage by the elements excepted.. (18) LEGAL COMPLIANCES. 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. Tenant agrees, at its own expense, to promptly comply with all applicable federal, state and municipal laws and regulations affecting the Premises, including barrier-free requirements for any improvements made to the Leased Premises. 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 days after Landlord's receipt of such notice. If Landlord complies with such laws and regulations within the one hundred fifty (150) day period, Tenant shall not have the right to quit the Premises. (19) CONDITION OF PREMISES/IMPROVEMENTS. Tenant acknowledges that Tenant has examined the Premises prior to the execution of this Lease and knows the condition thereof, and that no representations as to the condition or state of repairs thereof have been made by Landlord or its agents which are not herein expressed. Tenant hereby accepts the Premises in their present condition. Landlord shall complete any improvements required to be made by Landlord pursuant to the terms of this Lease with reasonable diligence unless prevented therefrom by labor disputes, fire, usual delay in transportation, unavoidable casualty or other cause beyond Landlord's control. When Landlord has completed any improvements Landlord is required to make and the Premises are delivered to Tenant, if Tenant shall take occupancy of the Premises, then Tenant shall be deemed to have accepted the improvements in the condition delivered by Landlord without further representations or warranties from Landlord. (20) RE-RENTING. Tenant hereby agrees that for a period commencing ninety (90) days prior to the termination of this Lease, Landlord may show the Premises to prospective tenants, and display in and about the Premises "TO RENT" signs. (21) HOLDING OVER. If Tenant remains in possession of the Premises after the termination of this Lease and without execution of a new Lease or other written agreement signed by Landlord, Tenant shall be deemed to be occupying the Premises as a tenant from month-to-month and shall be subject to the provisions of this Lease in effect on the day before the expiration of this Lease, except those terms relating to the Term and except that the monthly rental shall be increased by One Hundred Twenty-Five (125%) percent of the monthly rental payable during the last month prior to the termination of this Lease, without prejudice to any claim or damages which Landlord may have against Tenant for the failure of Tenant to vacate the Premises upon the termination of this Lease. If Tenant holds over, Tenant shall be required to give Landlord written notice of its intention to vacate the Premises no less than one (1) month prior to the first day of the month in which Tenant intends to vacate, and Tenant shall vacate by the end of that month and shall be liable to Landlord for the rent payment for said month. Page 4 (22) GAS, WATER, HEAT, ELECTRICITY. Landlord will pay all charges made against the Premises for gas, water, heat, and electricity during the continuance of this Lease, as the same shall become due. (23) SIGNS. Tenant may attach signs to the Building pursuant to city sign ordinance. (24) DEFAULT/REENTRY. In case any rent shall be due and unpaid or if default be made in any of the covenants herein contained, or if the Premises shall be deserted or vacated, then it shall be lawful for Landlord, its agents, representatives and assigns to reenter into and repossess the Premises. In addition to any other remedies that Landlord may have under this Lease or pursuant to law, in the event of default (a) In the event Tenant shall fail to pay the rent, when due, Landlord may give Tenant written notice of such default and if Tenant shall fail to cure such default within seven (7) days, Landlord shall, in addition to its other remedies provided by law, have the remedies set forth in subparagraph 27(c) hereof. (b) If Tenant shall be in default in performing any of the terms of this Lease (other than those specified in Paragraph 24(a) above), Landlord may at its option (i) give Tenant written notice of such default, and if Tenant shall fail to cure such default within thirty (30) days, then Landlord shall, in addition to all other remedies provided by law, have the remedies set forth in subparagraph 24(c) hereof, or (ii) Landlord may cure such default for the account of Tenant and any sum so expended by Landlord shall be paid by Tenant with interest as provided in Paragraph 6. (c) If any rent shall be due and unpaid or Tenant shall be in default upon any of the other terms of this Lease, and such default has not been cured within the time provided in Paragraph 24(a) or Paragraph 24(b) above, whichever shall apply, or if the Premises are wrongfully abandoned or vacated, then Landlord, in addition to its other remedies provided by law, shall have the immediate right of re-entry. Should Landlord elect to re- enter or take possession pursuant to legal proceedings or any notice provided by law, Landlord may either terminate this Lease or from time to time, without terminating this Lease, re-let the Premises or any part thereof on such terms and conditions as Landlord shall in its sole discretion deem advisable. The proceeds of such re-letting shall be applied: first, to the payment of any indebtedness of Tenant to Landlord other than rent due hereunder; second, to the payment of any costs of such re-letting, including the cost of alterations and repairs to the Premises, brokerage fees, etc.; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. Should the proceeds of such re-letting during any month be less than the monthly rent reserved hereunder, then Tenant shall during each such month promptly pay any such deficiency to Landlord. Landlord reserves the right to bring any action or legal proceeding for the recovery of any deficiency remaining unpaid from time to time, without being obligated to wait until the end of the term hereof. (25) REMEDIES NOT EXCLUSIVE. It is agreed that each and every right and benefit provided by this Lease shall be cumulative, and shall not be exclusive of any .other right, remedy and/or benefit allowed by law or in equity to either party. (26) QUIET ENJOYMENT. Landlord covenants that Tenant, on payment of all the aforesaid installments and performing all the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the Premises for the term aforesaid. (27) WAIVER. One or more waivers of any covenant or condition by Landlord shall not be construed as a waiver of a further breach of the same covenant or condition. (28) NOTICES. Any notice or other communication required or permitted to be given under this Lease must be given in writing and sent by certified mail, return receipt requested. Notices shall be deemed given when deposited in the Page 5 U.S. mail with proper postage affixed and addressed to Tenant to its last known address or to the Premises and if to Landlord, to its last known address. Notice need be sent to only one Tenant where Tenant is more than one individual. (29) GENDER. The gender of any word contained in this Lease shall not affect the meaning of this Lease, and whenever herein the singular number is used, the same shall include the plural, and any gender shall be deemed to include the masculine, feminine, or neuter genders. (30) BINDING. The covenants, conditions and agreements made and entered into by the parties hereto are declared binding on their respective heirs, successors, representatives and assigns. (31) LATE FEES. If any installment of rent is unpaid for ten (10) days after its due date, Tenant shall pay, in addition to all other charges, a charge of ten (10%) percent of the amount of such overdue installment to compensate Landlord for the cost and expense of said delay. (32) WINDOW TREATMENTS. Tenant shall not install any shades, blinds, or other window treatments in the Premises without the written consent of Landlord. (33) ENVIRONMENTAL LAWS. Tenant, its agents, employees, invitees, contractors, sublessees, or assignees, shall not do, or cause to be done, any work or activity upon or at the Premises which may cause the Premises, or any parts thereof, to be in violation of any federal, state, or local environmental health or safety law, statute, ordinance, rule, regulation, order, or decree, relating to the environment, or imposing liability or standards concerning or in connection with hazardous, dangerous or toxic materials, waste, or substances, including any common law theories based on nuisance, negligence, or strict liability (collectively the "Environmental Laws"). Tenant shall not cause or permit the Premises to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce, or process Hazardous Substances (as hereinafter defined) or any other dangerous or toxic substances, or waste materials, except in compliance with all applicable Environmental Laws and shall not cause or permit the release of any Hazardous Substances upon the Premises or off site of the Premises. "Hazardous Substances" shall mean and include, without limitation, any flammable substances, explosives, radioactive materials, solid and liquid wastes, contaminants, pollutants, or toxic matter or any substance regulated by any or defined as a hazardous substance or hazardous material by any law, statute, ordinance, rule, regulation, or order of any federal, state, or local govemment body or entity or other governmental body or agency or organization. TAXES. All taxes are included in the rent payments due under Paragraph (3) of this Lease. (35) EXTENSION OF TERM. Landlord hereby grants to Tenant the option to renew this lease for one year lease terms. The rent for the additional terms shall be negotiated between the Landlord and Tenant at the time of the Lease renewal. All of the provisions of this Lease shall continue without modification during any additional lease terms unless modified in writing by the parties. Tenant shall notify Landlord in writing of its right to exercise this option at least ninety (90) days from the expiration of the initial term of the original lease. Tenant shall notify Landlord in writing of its right to exercise its option to renew additional one year lease terms at least ninety (90) days from the expiration of the additional lease terms. (36) MODIFICATIONS: This Lease may be modified or amended only upon written agreement between the parties. (37) GOVERNING LAW. This Lease shall be interpreted under and governed by the laws of the State of Michigan. (38) SEVERABILITY. If any provision of this Lease, or the application thereof, to any extent becomes invalid or unenforceable, the remainder of this Lease, or the application of such 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. (34) Page 6 04/19/00 14:54 FAX 2484522250 0.C. PUBLIC WIIRS . 21 001 (39) ATTORNEY REVIEW. This Lease has been repaired for submission to your attorney for approval. No representation or recommendation Is made as to the legal sufficiency, legal effect or tax consequences of this Lease or the transaction relating thereto; the parties shall rely solely upon the advice of their own legal counsel as to the legal and tax consequences of this Lease. (40) COMMON AREAS. The term "Common Areas" shall include, facilities, service corridors, pedestrian sidewalks, stairways, hallways, bathroom area, landscaped areas, parking areas, access roads, driveways, loading areas, lighting and facilities which may be furnished by Landlord in or near the building which are outside of the Premises, and designated from time to time by Landlord as Common Areas. Tenant and its invitees shall have right to access the common areas during the term of this Lease. Landlord shall at its sole cost and expense, operate and maintain the common areas. (41) SECURITY DEPOSIT. Landlord acknowled ges receipt of #4./Aee- ($ which it is to retain as security for the faithful performance of all of the covenants, conditions and agreements of this Lease, but in no event shall Landlord be obliged to apply the same upon rents or other charges in arrears or upon damages for Tenant's failure to perform the said covenants, conditions and agreements; Landlord may so apply the security at its option: and Landlord's right to possession of the Premises for non-payment of for any other reason shall not in any event be affected by reason of the fact that Landlord holds this security. The said sum if not applied toward the payment of rent in arrears or toward the payment of damages suffered by Landlord by reason of Tenants breach of the said covenants, conditions and agreements of this Lease is to be returned to Tenant when this Lease is terminated, according to its terms, and in no event is the said security to be returned until Tenant has vacated the Premises and delivered possession to Landlord, In the event Landlord repossesses itself of the said Premises because of Tenant's default or because of Tenants failure to carry out the covenants, condibons and agreements of this Lease, Landlord may apply the said security upon all damages suffered to the date of said repossession and may retain the said security to apply upon such damages as may be suffered or shall accrue thereafter by reason of Tenant's default or breach. Landlord shall not be obliged to keep said security as a separate fund, but may mix the said security with its own funds. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. LANDLORD: OAKLAND ARTS CENTER LIMITED PARTNERSHIP By: r Its:OtiAe-$-4 eMer(ACC' TENANT: COUNTY OF OAKLAND By: Its: Chairman, Board of Commissioners Page 7 EXHIBIT A 7 North Saginaw Street Pontiac, Michigan Parcel No. 14-29-476-032 The South 1-ft. of lot 93, all of lot 94 and the north 20-ft. of lot 95 of the Original Plat of the City of Pontiac as recorded in Liber 1 of Plats, Page 1, Oakland County records. E IS NG 211S FLO* P .:711 It•_1•1:U SCULPTURE PARK 11111 Vacant (Not Available) 210 Lummitweiautizom E Seale: 1"=16' Date: 2111100 142'-a• — — — n•11 ; 1,383 gsf :1 SAGINAW STREE DOWNTOWN DESIGN STUDIO ( I II I l( )\ II\( 0 M". MUM EtDila A V - # • • !..%_!,;;_,..• A 0 r_:13 611 EI INANCE COMMITTEE FISCAL NOTE (Misc. #00097) May 4, 2000 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR LEASE SPACE FOR THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AT 7 NORTH SAGINAW STREET, PONTIAC, MICHIGAN 48342 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Oakland County Department of Community and Economic Development, Pontiac Downtown Development Authority, and Lawrence Technological University are jointly sponsoring creation of a Downtown Design Studio Program in the City of Pontiac. 2. The purpose of the program is to provide professional assistance to all Oakland County communities seeking to redevelop downtown areas. 3. Office and studio space of 3,613 square feet has been identified and is available for lease from the Oakland Arts Center Limited Partnership. 4. The new lease agreement is for a period of three (3) years with an option to extend the lease for an additional three (3) years on a year to year basis. 5. The effective date of the lease will be May 1, 2000 or such subsequent date as directed by the Board. 6. Annual lease costs are $50,580 for the first year (May 1, 2000 - April 30, 2001; $54,192 for the second year (May 1, 2001 - April 30, 2002; and $57,804 for the third year (May 1, 2002 - April 30, 2003). 7. Lease and custodial services costs are $22,575 for the remainder of FY 2000 and $55,685 for FY 2001. 8. The lease and custodial cost will eventually be covered by Community Partnerships program. However, until funds are received in that fund, the following amendment to the FY 2000 and FY 2001 budgets are recommended: FY 2000 FY2001 General Fund 90-290000-25000-2564 Contingency $(22,575) $(55,685) 90-310000-42000-8001 Operating Trans - Out 22,575 55,685 0 0 Community Partnerships Revenue 19-323300-12025-1701 Operating Trans. -In $ 22,575 $ 55,685 Expenditure 19-223300-12025-3476 Rent $ 22,575 $ 55,685 0 0 9. Once the Community Partnership program receives sufficient funds, the General Fund contingency will be reimbursed. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Douglas absent. ZClft „ , County Cler G. William Caddell, County Cler Resolution #00097 May 4, 2000 Moved by Palmer supported by Galloway the resolution be adopted. AYES: Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Coleman, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. REBtAP County Executive HE FOREGOING RESOLUTION S7/0/10 Date 7,40r . yoke Patter'grnr.—*- - 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 May 4, 2000 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 4th4.p.,17 of,Way, 2000.