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HomeMy WebLinkAboutResolutions - 2002.04.18 - 26700NNING AND BUILDING COMMITTEE April 18, 2002 MISCELLANEOUS RESOLUTION #02097 BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON In RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF FIRST AMENDMENT TO LEASE 52-3 ROCHESTER DISTRICT COURT, 135 BARCLAY CIRCLE, ROCHESTER HILLS, MI 48307 TO: OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies, and Gentlemen: WHEREAS, the County of Oakland is responsible for providing courthouse facilities for the 52nd District Court Units; and WHEREAS, the County of Oakland presently leases 15,685 square feet of office space at 135 Barclay Circle, Rochester Hills, Michigan for the operations of the 52-3 Rochester District Court; and WHEREAS, the County of Oakland has acquired a 9.2 acre parcel located on Barclay Circle in the City of Rochester Hills for construction of a new permanent County-owned courthouse facility to house Rochester District Court; and WHEREAS, construction of said new courthouse is scheduled for completion in the fall of 2003; and WHEREAS, the present lease for the courthouse located at 135 Barclay Circle expired on December 31, 2001; and WHEREAS, the Department of Facilities Management and Yorkshire International, LLP, the landlord, have negotiated the terms of the attached First Amendment to Lease Agreement, which would allow the Court to continue to occupy the existing courthouse building located at 135 Barclay Circle, Rochester Hills, Michigan until the completion date of the new courthouse; and WHEREAS, the term for the First Amendment to Lease Agreement shall commence on January 1, 2002 and expire on December 31, 2003. The landlord has agreed to grant the County the right to extend the term of the lease on a month to month basis for an additional six-month period if necessary. Rent for the term of the lease and the extension period thereof shall be at a rate of $21.34 per square foot or $334,718.00 annually or $27,893.17 per month; and WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached First Amendment to Lease Agreement between Yorkshire International, LLP and the County of Oakland. WHEREAS, it is the recommendation of the Department of Facilities Management that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached First Amendment to Lease Agreement for the premises located at 135 Barclay Circle, Rochester Hills, Michigan 48307. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached First Amendment to the Lease Agreement for the premises located at 135 Barclay Circle, Rochester Hills, Michigan between the County of Oakland and Yorkshire International, LLP. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or designee to execute the attached First Amendment to the Lease Agreement for the premises located at 135 Barclay Circle, Rochester Hills, Michigan between Yorkshire International, LLP and the County of Oakland. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Planning & Building Committee Vote: Motion carried on unanimous roll call vote FIRST AMENDMENT TO LEASE BETWEEN YORKSHIRE INTERNATIONAL, LLP AND THE COUNTY OF OAKLAND This First Amendment to a certain Lease (First Amendment) is made as of April 2002, by and between Yorkshire International, LLP, a Michigan Limited Liability Partnership whose address is 1853 Rochester Industrial Court, Rochester Hills, Michigan 48309 as Landlord and the County of Oakland, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 as Tenant. RECITALS On December 21, 1998, Landlord and Tenant entered into a certain Lease with regard to leasing the premises commonly know as 135 Barclay Circle, Rochester Hills, Michigan 48307, containing approximately 15,685 square feet. 1. Leased Premises. Landlord hereby grants the Tenant the renewal of the Lease, which shall commence on January 1, 2002 after expiration of the current Lease between Landlord and Tenant and shall terminate December 31, 2003. 2. Term. The term of this Lease commenced on January 1, 2002, after the expiration of the current lease between the Landlord and Tenant, and shall terminate on December 31, 2003. The Tenant shall have continuous occupancy of the premises on the commencement date of this Lease. 3. Rent. From the date this Lease commences until the Lease expires or is terminated, the Tenant agrees to pay the Landlord as fixed rent hereunder, an amount equal to $21.34 per square foot or $334,718.00 per year, which sum shall be payable by the Tenant to the Landlord in equal consecutive monthly installments of $27,893.17 on or before the first day of each month in advance, without any prior demand therefore and without any deductions or set offs whatsoever. 4. Partial Month Rent Proration. The Lease executed on 12/21/1998 shall remain in full force and effect regarding this paragraph. 5. Ownership. Deleted in its entirety. 6-7. The Lease executed on December 21, 1998 shall remain in full force and effect regarding these paragraphs. 8. Extension of Term. The Landlord hereby grants to Tenant the option to extend the term of this First Amendment to Lease on a month to month basis for up to an additional six-month period. All provisions of the existing Lease and First Amendment to Lease shall continue without modification during the lease extension term. The Tenant shall notify the Landlord in writing of it's intent to exercise this option at least ninety days prior to the expiration of the term of the existing Lease. Rent for the lease extension term shall continue at the rate set forth in paragraph 3 above. The monthly rental payment shall be paid on the first calendar day of each month or another date agreed upon by the Parties. The rent shall be paid without any deduction or set off. 9-36. The Lease executed on December 21, 1998 shall remain in full force and effect regarding these paragraphs. 37. Option to Purchase. Deleted in its entirety. WITNESSED BY: LANDLORD: YORKSHIRE INTERNATIONAL, LLP, a Michigan Limited Liability Partnership. Dennis J. Keat COUNTY OF OAKLAND, MICHIGAN CONSTITUTIONAL CORPORATION Thomas A. Law, Chairperson Oakland County Board of Commissioners Michael D. Hughson STATE OF MICHIGAN COUNTY OF Oakland The foregoing instrument was acknowledged before me this day of , 2002, by Dennis J. Keat. Notary Public Oakland County, Michigan My Commission Expires: STATE OF MICHIGAN COUNTY OF Oakland The foregoing instrument was acknowledged before me this day of , 2002, by Thomas A. Law, Chairperson of the County of Oakland. A Michigan Constitutional Corporation. Michael D. Hughson Notary Public Oakland County, Michigan My Commission Expires: 5/5/2004. Mh3/20/2002 FISCAL NOTE (MISC. 02097) April 18, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF FIRST AMENDMENT TO LEASE 52-3 ROCHESTER DISTRICT COURT, 135 BARCLAY CIRCLE, ROCHESTER HILLS, MI 48307 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 resolution authorizes the first amendment to the lease agreement between the Department of Facilities Management and landlord Yorkshire International, LLP. 2. The leased space is at 135 Barclay Circle, in Rochester Hills Michigan for the operation of the 52-3 Rochester District Court. 3. This lease is to provide temporary housing, while construction proceeds on a permanent, County owned facility for the 52-3 District Court. 4. This is the first amendment to the lease of 15,685 square feet of office space at $21.34/sq. ft. or $334,718 annually, or $27,893.17 per month (a 12 96. increase) beginning January 1, 2002 and terminates December 31, 2003 with the option to extend the lease on a monthly basis for six (6) months. 5. The amended lease agreement increases the cost by $22,822 for FY 2002 and $30,429 for FY 2003. 6. A budget amendment to the FY 2002 and FY 2003 budget is recommended to fund the increased lease costs as follows: General Fund (101) Expenditures FY 2002 FY 2003 2-90-290000-25000-2564 Contingency ($22,822) ($30,429) 2-32-401200-20001-3476 Rent Total Expenditures $22,822 $ 0 $30,429 $ 0 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. flE FOREGOING RESOLU 1 HERE In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 18th day of April, 2002. G. William Caddell, County Clerk Resolution #02097 April 18, 2002 Moved by Palmer supported by Amos the resolutions on the Consent Agenda be adopted, (with accompanying reports being accepted). AYES: Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Amos. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with accompanying reports being accepted). L Brooks PetitImon. County Executive 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 18, 2002, with the original record thereof now remaining in my office.