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HomeMy WebLinkAboutResolutions - 2004.01.22 - 27498.41iNwV AND BUILDING COMMITTEE December 11, 2003 December 11, 2003 MISCELLANEOUS RESOLUTION 003365 BY: ,PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON • In RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF SECOND 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 nd 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, MI for part of the operations of the 52-3 Rochester District Court; and • WHEREAS, the County of Oakland is engaged in the process of constructing a new courthouse at 700 Barclay Circle in the.City of Rochester Hills; and WHEREAS, construction of said new courthouse is scheduled for completion in the spring of 2004; and WHEREAS, the present lease for office space located at 141 Hampton Circle, Suite 141, will expire on December 31, 2003; and • WHEREAS, the Department of Facilities Management and A&P Investment Company, LLC, the landlord, have negotiated the terms of the attached Second 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, MI on a month to month basis until June 30, 2004 if necessary; and WHEREAS, the term for the Second Amendment to Lease Agreement shall commence on January 1, 2004 and expire on June 30, 2004. Rent for the term of the lease shall be at a rate of $19.50 per square foot 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 Second 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 Second Amendment to Lease Agreement for the premises located at 141 Hampton Circle, Suite 141, Rochester Hills, MI 48307. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Second Amendment to the Lease Agreement for the premises located at 141 Hampton Circle, Suite 141, Rochester Hills, MI 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 Second Amendment to the Lease Agreement for the premises located at 141 Hampton Circle., Suite 141, Rochester Hills, MI 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 Resolution #03365 The Chairperson referred the resolution to the Finance Committee. There were no objections. 1 SECOND 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 Second Amendment to a certain Lease ("Second Amendment") is made as of Li 2003, 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, which Lease was subsequently amended on May 21, 2002, to allow an extension of the lease until the expiration date of December 31, 2003; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants provided herein, the parties hereto agree as follows: 1. Leased Premises. The Lease executed on December 21, 1998, shall remain' in full force in effect regarding this paragraph, and the leased Premises shall remain the same. 2. Term. Landlord hereby grants the Tenant an extension of the Lease on a month to month basis for up to six months, which extension shall commence on January 1, 2004 and shall terminate no later than June 30, 2004. The Tenant shall have continuous occupancy of the premises as of the commencement date of this second Lease extension. 3. Rent. From the date this Lease commences until the Lease expires or is terminated, the Tenant agrees to pay the Landlord as fixed monthly rent hereunder, an amount equal to $19.50 per square foot or $2,426.13 per month, which sum shall be payable by the Tenant to the Landlord 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. The Lease executed on December 21, 1998, shall remain in full force in effect regarding this paragraph. 7. Holding Over. Deleted in its entirety. 8. Extension of Term. The Lease executed on December 21, 1998, shall remain in full force in effect regarding this paragraph. 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 excepted 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 excepted. 12-36. The Lease executed on December 21, 1998, shall remain in full force in effect regarding these paragraphs. 37. Landlord and Tenant agree that if during the term of this extension Landlord has the opportunity to lease the entire Premises to one prospective tenant, then Tenant will surrender the Premises to Landlord upon being given similar and sufficient office space in Landlord's office building at 130 Hampton Circle Drive, Rochester Hills, Michigan, for the duration of this extension at the same or lesser rate of rent if the space provided is less than Tenant currently occupies. Tenant will pay the cost of any such move. 38. 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: , 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 , 2003, by Antoine H. Nofar and Pierre Nofar. Notary Public Macomb County, Michigan My Commission Expires: STATE OF MICHIGAN COUNTY OF Oakland The foregoing instrument was acknowledged before me this day of , 2003, by , Chairperson of the County of Oakland. A Michigan Constitutional Corporation. Michael D. Hughson Notary Public Oakland County, Michigan My Commission Expires: 5/5/2004. MH 9/16/03 NATEMPFILEllnumberl2003\2003-0400 thru 2003-049912003-0497-1 52-3 District Court - Lease Extension for 141 Hampton Circle, RochesterWmposed 52-3-141Hampton2nd.doc Resolution #03365 December 11, 2003 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (M.R. #03365) January 22, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF SECOND 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 a six (6) month lease agreement extension between the Department of Facilities Management and landlord ALP 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 renewal to the lease of 1,493 square feet of office space at $19.50/sq. ft. or $29,113.50 annually ($2,426.13 per month), or $14,557 for the six months beginning January 1, 2004 and terminates June 30, 2004. 5. No budget amendment is necessary to fund this extension, as sufficient funds are budgeted in the FY 2004 adopted budget. FINANCE COMMITTEE efi--Lv(gz,v FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Crawford, Webster and Knollenberg absent. G. William Caddell, County Clerk January 22, 2004 Resolution #03365 Moved by Knollenberg supported by Douglas the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). 1 HEIBY AVPROVEIHE FORGOING RESOLUTION 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 January 22, 2004 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and ,affixed the seal )the County of Oakland at Pontiac, Michigan this 22nd day of January, 2004.