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HomeMy WebLinkAboutResolutions - 2002.04.18 - 26701'ANNING AND B ING COMMITTEE April 18, 2002 MISCELLANEOUS RESOLUTION 102098 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, 141 HAMPTON CIRCLE, SUITE 141, 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 52" District Court Units; and WHEREAS, the County of Oakland presently leases 1,493 square feet of office space at 141 Hampton Circle, Suite 141, Rochester Hills, Michigan for part of 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 office space located at 141 Hampton Circle, Suite 141, expired on December 31, 2001; and WHEREAS, the Department of Facilities Management and A&P Investment Company, LLC, the landlord, have negotiated the terms of the attached First Amendment to Lease Agreement, which would allow the court staff to continue to occupy the existing offices located at 141 Hampton Circle, Suite 141, Rochester Hills, Michigan until December 31, 2003; and WHEREAS, the term for the First Amendment to Lease Agreement shall commence on January 1, 2002 and expire on December 31, 2003. Rent for the term of the lease shall be at a rate of $19.50 per square foot or $29,113.50 annually or $2,426.13 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 A&P Investment Company, LLC 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 141 Hampton Circle, Suite 141, 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 141 Hampton Circle, Suite 141, Rochester Hills, Michigan between the County of Oakland and A&P Investment Company, LLC. 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 141 Hampton Circle, Suite 141, Rochester Hills, Michigan between A&P Investment Company, LLC 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 A&P INVESTM ENT COMPANY, L.L.C. , A MICHIGAN LIMITED LIABILITY COMPANY and THE COUNTY OF OAKLAND, A MICHIGAN CONSTITUT IONAL CORPORATION This First Amendment to a certain Lease ("First Amendment") is made as of , 2002, by and between. A&P Investment Company, L.L.C, a Michigan Limited Liability Company, 38900 Ryan Road, Sterling Heights, Michigan, as Landlord, and The County of Oakland, a Michigan Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341 as Tenant. RECITALS A.. On December 21, 1998, Landlord and Tenant entered into a certain Lease with regard to leasing the premises commonly known as 141 Hampton Circle Drive, Suite 141, Rochester Hills, Michigan; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants provided herein, the parties hereto agree as follows: 1. Leased Premises. Landlord hereby grants the Tenant the renewal of the Lease, which shall commence on January 1, 2002 after the 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 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 annual rent hereunder, an amount equal to $19.50 per square foot or $29,113.50 per year, which sum shall be payable by the Tenant to the Landlord in equal consecutive monthly installments of $2,426.13 on or before the fast day of each month in advance, without any prior demand therefore and without any deductions or setoffs whatsoever. 4. Partial Month Rent Proration. The Lease executed on December 21, 1998, shall remain' in full force in effect regarding this paragraph., 5. Ownership. Deleted in its entirety. 6-8 The Lease executed on December 21, 1998, shall remain in full force in effect regarding these paragraphs. 9. Use and Occupancy, The Premises shall not be used in violation of any law, municipal ordinance or regulation. Upon expiration of termination or the Lease, the Tenant shall surrender the premises in the same condition as when taken with normal wear and tear and damage from all elements accepted and shall remove their personal property and repair any damage to the premises based on said removal. Tenant further accepts the premises in an "as is" condition. 10. Equipment and Furnishings. The Tenant shall provide, at its own expense, all computer and telephone systems, furniture and equipment it deems necessary. The Tenant, at its own expense, shall be solely responsible for the maintenance and repair of all computer and telephone systems, furniture and equipment. 11. Care of Premises. Tenant shall keep the Premises in good repair, wear and tear from reasonable use and damage by the elements accepted.. 12-36. The Lease executed on December 21, 1998, shall remain in full force in effect regarding these paragraphs. 37. By execution of this Amendment to Lease, Tenant hereby agrees to accept a substitute Landlord so long as both Antoine H. Nofar and Pierre Nofar remain Principals in the new entity. WITNESSED BY: LANDLORDS: A&P INVESTMENT COMPANY, L.L.C., a Michigan Limited Liability Company BY: BY: ANTOINE H. NOFAR, MEMBER PIERRE NOFAR, MEMBER TENANT: COUNTY OF OAKLAND, MICHIGAN CONSTITUTIONAL CORPORATION BY: 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 Antoine H. Nofar and Pierre Nofar. Notary Public Oakland County, Michigan My Commission Expires: FISCAL NOTE ,(MISC. 02098) 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, 141 HAMPTON CIRCLE, SUITE 141 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 A&P Investment Company, LLC. 2. The leased space is at 141 Hampton Circle, Suite 141 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 1,493 square feet of office space at $19.50/sq. ft. or $29,113.50 annually, or $2,426.13 per month (a 12% increase) beginning January 1, 2002, and terminating December 31, 2003. 5. The amended lease agreement increases the cost by $2,351 for FY 2002 and $3,135 for FY 2003. 6. A budget amendment to the FY 2002 and FY 2003 Budget is recommended to fund the increased lease costs as follows: General Fund (101) Expenditures FY 2002 FY 2003 2-90-290000-25000-2564 Contingency ($ 2,351) ($ 3,135) 2-32-401200-20001-3476 Rent $ 2,351 $ 3,135 Total Expenditures $ 0 $ 0 FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. n-,, ooks Patterson. Coy E cutI, F-OREGOING RE9OLLI - 1//,' Date G. William Caddell, County Clerk Resolution #02098 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). 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. 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.