HomeMy WebLinkAboutResolutions - 2010.01.20 - 10090MISCELLANEOUS RESOLUTION #09320 December 9, 2009
BY. Planning and Building Commetee, John Scott, Chairperson
IN RE: PARKS AND RECREATION COMMISSION/DEPARTMENT OF FACILITIES MANAGEMENT —
REQUEST FOR APPROVAL OF RESIDENTIAL LEASE AGREEMENT WITH PATRICK T. OGG,
INDEPENDENCE OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of Independence Oaks County Park: and
WHEREAS, a ranch-style, three bedroom house, identified as 9489 Sashabaw Road, is located
on the grounds of Independence Oaks County Park; and
WHEREAS, it is the desire of the Oaklard County Parks and Recreation Commission to lease
said house located at 9489 Sashabaw Road to Patrick T. Ogg for a period of five years commencing
January 1,2010; and
WHEREAS. under the terms and conditions of the attached Lease Agreement Mr. Ogg will pay
rent in the amount of $88000 per month during the first year with annual increases as described in the
lease. pay all utility costs and provide after hours security, coordinate all emergency activities with local
police and fire agencies and arrange for after hours emergency maintenance as necessary; and
WHEREAS. the Departments of Facilities Management and Corporation Counsel have reviewed
and/or prepared all necessary documents related to the attached lease agreement; and
WHEREAS, it is the recommendation of the Oakland County Parks and Recreation Commission
and the Department of Facilities Management that the Oakland County Board of Commissioners accept
and approve the terms and conditions of the attached Lease Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Lease Agreement between the County of Oakland and Patrick T.
Ogg.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County
Parks and Recreation Rental House Revenue Fund line item.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs
its Chairperson or his designee to execute the attached Lease Agreement and all other related
documents between the County of Oakland and Patrick T. Ogg, which may be required.
Chairperson ; on behalf of the Planning and Building Committee. I move the adoption of the
foregoing resolution.
PLANNING AA BUILDING CjWAIITTEE
.\74/'
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Approval and Acceptance of Lease Agreement
independence Oaks County Park
The Oakland County Parks and Recreation Commission is requesting Board of Commissioners approval of a
residential lease agreement to lease a county owned house located at Independence Oaks County Park
identified as 9489 Sashabaw Road to county employee Patrick T. Ogg. Leasing the home to Mr. Ogg will
benefit the county by the tenant providing after hour's security, contacting and coordinating with police, fire
or other agencies as may be necessary in the event of an emergency and coordinate emergency repairs,
The Departments of Parks and Recreation and Facilities Management with the assistance of County
Corporation Counsel have drafted the terms and conditions of the attached lease agreement.
Property Description: 1,200-sf ranch style home with 3 bedrooms, 1.5 bathrooms, full basement
and garage.
Rent: S880.00!irionth in first year with annual increases.
errn: 5 years commencing on January 1, 2010.
Tenant responsibilities: Maintain premises in good condition. Pay all utility costs.
County responsibilities: General building maintenance, snow removal and lawn services,
Termination: Tenant may terminate for any reason with 10 days notice. County may
terminate for any reason with 90 days notice.
It is the recommendation of the Oakland County Parks and Recreation Commission and the Department of
Facilities Management that the Oakland County Board of Commissioners accepts and approves the attached
lease agreement.
dh
PRO9-012
RESOLUTION
RESIDENTIAL LEASES
WHEREAS, the Oakland County Parks and Recreation Commission currently
leases the following residential properties within the Oakland County Parks system:
• Patrick Ogg, 9489 Sashabaw Road, Clarkston, MI 48348
• Brian Ratledge, 1540 Orchard Street, White Lake, MI 48386
• Katny Renaud, 30500 Thirteen Mile Road, Farmington Hills, MI 48334
• Ila Rowland, 2866 Watkins Lake Road, Waterford, MI 48328
• Adam Vogel & Ryan Ernst. 1580 Scott Lake Road, Waterford. MI 48328: and
WHEREAS, the leases provioe a source of revenue, which assists in meeting the
Oakland County Parks and Recreation Commissioi's goal of creating a fiscally
sLstainable parks system; and
WHEREAS, the current leases are for a five year term; and
WHEREAS, this effort ties into the Oakland County Parks arid Recreation
Commission's strategic plan to standardize business practices and enable staff to
operate more efficiently; and
WHEREAS, these lease agreements have been developed by Oaklane County
Corporation Counsel.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and
Recreation Commission hereby requests the Oakland County Board of Commissioners
authorize and approve the lease agreements for its residential properties.
BE IT FURTHER RESOLVED that the Oakland County Parks am Recreation
Commission hereby requests the Board of Commissioners direct its Chairperson or
designee to execute said lease agreements on behalf of the County of Oakland.
Moved by: Join McCulloch
Supported by; Robert Kostir
Date: November 4, 2009
RESIDENTIAL LEASE AGREEMENT
NOTICE: MICHIGAN LAW ESTABLISHES RIGHTS AND OBLIGATIONS FOR PARTIES
TO RENTAL AGREEMENTS. THIS AGREEMENT IS REQUIRED TO COMPLY WITH
THE TRUTH IN RENTING ACT. IF YOU HAVE A QUESTION ABOUT THE
INTERPRETATION OR LEGALITY OF A PROVISION OF THIS AGREEMENT. YOU
MAY WANT TO SEEK ASSISTANCE FROM A LAWYER OR OTHER QUALIFIED
PERSON.
This Lease Agreement ("Lease") is entered into on January 1, 2010, between the County of
Oakland, 1200 North Telegraph, Pontiac, MI 48341 ("Landlord") and Patrick T. Ogg„ 9489
Sashabavy Road, Clarkston, MI 48348 ("Tenant") according to the terms and conditions set forth
below,
1. Premises. The Tenant leases from landlord the real property located at 9489 Sashabavc
Road. Clarkston, MI 48348 ("Premises"), together with any furnishings, fixtures,
personal property, and appurtenances furnished by Landlord for Tenant's use,
2_ Term. The term of this Lease shall be for five (5) years. beginning on January 1. 2010
and ending on December 31, 2014. Tenant shall receive possession of the Premises upon
execution of the Lease.
3. Rem.
3.1 Tenant shall pay Landlord, by check or money order, the following rent on or
before the first day of each month during the term of this Lease:
January 1„ 2010
January 1, 2011
January 1, 2012
January 1.2013
January 1. 2014
— December 31. 2010
— December 31, 2011
— December 31, 2012
— December 31, 2013
— December 31. 2014
$880.00 per month
$898.00 per month
$916.00 per month
$934.00 per month
$953.00 per month
3.2 Tenant shall pay the first monthly installment when Tenant executes this Lease.
The first monthly installment shall be pro-rated for such month. if the Lease is
executed on another day than the first day of the month. Tenant shall pay
Landlord a late fee of $25 for each monthly installment not received by Landlord
within five days of its due date. This increase shall be considered additional rent
and shall compensate Landlord for costs incurred because of late payments.
Landlord's right to collect this additional rent shall be in addition to Landlord's
right to take action under other provisions of this Lease for Tenant's default in
paying rent. The Tenant shall pay all additional rent to Landlord promptly after
the due date of the delinquent installment. All rent paid after the due date and
payments to cover checks that have been returned for insufficient funds must he
paid at the place designated for payment, by cashier's check, certified check, or
money order.
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3.3 The rent payment shall be delivered to Landlord at the following address;
Oakland County Parks and Recreation, 2800 Watkins Lake Road, Waterford. MI
48328 or another address designated by Landlord in writing.
4. Use of Premises.
4.1, The Tenant shall use the Premises for private residential purposes only. No
persons other than the following listed person(s) shall occupy the Premises for
more than fourteen (14) days during the term of this Lease without the prior
written approval of the Landlord: Patrick Darman.
4.2. Tenant shall not do any of the following or allow another person to do any of the
following:
4,2,1 Create any excessive noise or public nuisance;
4.2.2 Do anything to the Premises or its surroundings that may be hazardous or
that will cause Landlord's insurance to be cancelled or premiums to
increase;
4.2.3 Deface or damage any part of the Premises;
4.2.4 Change the locks or install any additional locks or bolts without
Landlord's prior written consent;
4.2,5 Place a waterbed or other heavy article on the Premises without
Landlord's prior written consent;
4.2,6 Install any equipment or appliances that, in Landlord's opinion, would
cause an unsafe conditions on or around the Premises;
4.2.7 Accumulate refuse on or around the Premises that might pose a health
lisznrd to Tenant or to Tenant's neighbors;
4.2.8 Permit any flammable liquids or explosives to be kept on or around the
Premises; and
4.2.9 Bring any animals on the Premises without Landlord's prior written
consent,
5. Tenant Responsibilities,
5.1 To the extent provided by law, the Tenant shall use his or her best efforts to
secure and protect Independence Oaks Park Property and facilities, especially
during "Park Closed - hours. This shall include contacting and coordinating with
Ogg--Residential Lease - 111009.doc
police, fire. or other agencies as may be required and the preparation of an "Usual
Incident Report" as required by Landlord.
5.2 The Tenant shall arrange for emergency repairs and maintenance services for
Independence Oaks Park Property and Facilities as needed.
5.3 The Tenant shall make reports to the Park Supervisor or other individual as may
be required by the Landlord.
6. Use of Illegal Substances. Tenant shall not violate or knowingly allow another person to
violate federal, state, or local laws regarding the use of controlled substanets or the use of
alcohol by minors in or around the Premises. When aware of a violation of this section.
Landlord will file a formal police report.
7. Condition of Premises. Tenant acknowledges that no representations about the condition
of the Premises or promises to alter or to improve the Premises before or during the term
of the Lease have been made except as stated in the Lease.
8. Maintenance. Repairs. and Damage to Premises.
8.1. Throughout the term of the Lease, Tenant shall maintain the Premises in good
condition and shall allow no waste of the Premises or any utilities. Tenant shall
be liable for any damage to the Premises or to Landlord's other property that is
caused by the acts or omissions of Tenant or Tenant's guests. Tenant shall pay.
on Landlord's demand, to replace any broken window glass on the Premises or
any lost or broken keys.
8.2. Landlord shall be responsible for snow removal and lawn services for the
Premises.
8.3. Landlord shall provide repair and maintenance for the Premises. Tenant shall
notify Landlord when there is a need for repairs to the Premises.
8.4. Landlord shall install smoke-detection devices for the Premises along with
batteries to operate the devices. Tenant must regularly test the devices to ensure
that they are operational and if not notify Landlord immediately. Tenant must
never remove batteries from smoke-detection device, except when necessary to
replace the batteries.
9. Decorations and Alterations to Premises. Other than hanging decorations on the walls
with nails or other materials approved by landlord, Tenant shall not alter or decorate the
Premises without prior written consent from Landlord. Landlord's consent to a particular
decoration or alteration shall not be deemed consent to future decorations or alterations.
Tenant shall not remove any furnishings Landlord furnishes to Tenant, drive nails into the
woodwork, or use any adhesive material on the walls without prior written consent from
Landlord.
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10. Assiniunent and Sublease of Premises. Tenant shall not assign or sublease the Premises
or any portion thereof.
11. Access to the Premises. Tenant shall allow Landlord arid Landlord's agents reasonable
access to the Premises to inspect, repair, alter, or improve the Premises. Tenant shall also
allow insurance carriers and representatives, fire department inspectors. police, or local
health authorities to inspect the Premises to the extent permitted by law. Tenant shall
allow Landlord or Landlord's agents to show the Premises to prospective Tenants at
reasonable times during the sixty (60) days before the term of the Lease expires and to
prospective purchasers on reasonable notice to Tenant.
12. Vacation or Abandonment of the Premises. If Tenant removes substantially all Tenant's
property from the Premises, Landlord may immediately enter and redecorate the Premises
without abatement of rent; and these acts shall not affect Tenant's obligations under this
Lease. If Tenant abandons the Premises before the Lease expires, all rent for the
remainder of the term of the Lease shall immediately become due.
13. Property Loss or Damage. To the extent permitted by law. Landlord and Landlord's
agents shall not be liable for any damage to property or loss of property that is caused by
theft or casualty on the Premises. Landlord recommends that Tenant obtain insurance to
protect Tenant s personal property against such loss or damage,
14. Damage or Destruction of the Premises. If a casualty partially destroys the Premises but
they can be restored to a tenantable condition within thirty (30) days, Landlord shall
repair the Premises with reasonable dispatch; however. Landlord's obligation to repair
the Premises shall be limited to the amount of insurance proceeds actually received by
Landlord. Tenant's obligation to pay rent shall be suspended while the Premises are
untenantable. If a casualty damages the Premises to the extent that they cannot be
restored to a habitable condition within thirty (30) days. either Party may terminate this
Lease by giving the other party written notice within fifteen (15) days after the casualty.
Landlord shall not be liable for any reasonable delay or for providing housing for Tenant
during repairs.
15. Utilities and Services for Premises, Tenant is responsible for the costs of utilities and
services for the Premises for the term of this Lease including but not limited to the
following: (a) garbage removal; (b) water and sewer; (c) gas; (d) electricity: (e) ice
removal, including salting the driveway and any walks surrounding the Premises or on
the Premises; and (f) telephones.
16. Termination of Lease.
16.1. Tenant may terminate this Lease for any reason upon thirty (30) days written
notice to Landlord.
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16.2. Upon termination of this Lease, Tenant shall surrender possession of the Premises
to the Landlord in the condition they were in when they were delivered to Tenant,
except for normal wear and tear. Tenant shall also return all keys to the Premises
to Landlord.
16.3. Landlord may terminate this Lease for any reason upon nmety (90) days written
notice to Tenant.
17. Default of Lease and Landloed's Remedies.
17.1 If Tenant defaults on any obligations under this Lease or misrepresents any
information in the application for this lease, landlord may, on written notice to
Tenant. terminate the Lease and enter the Premises as permitted by law; Tenant
and any other occupants shall surrender the Premises to Landlord by the date
stated in the notice. If Landlord terminates the Lease, Landlord may recover
Landlord's expenses for enforcing Landlord's rights under the Lease and
applicable law. including court costs and attorney fees, from Tenant. as permitted
by statute; and rent for the rest of the term of the Lease shall immediately become
due. Tenant may not be liable for the total accelerated amount because of
Landlord's obligation to minimize damages, and either party may ask a court to
determine the actual amount owed, if any. If Tenant fails to pay rent or any other
sums when due to Landlord. Landlord serves a notice of default on Tenant as
required by law, and Tenant fails to remit the amounts due before the notice
period expires, the amount of coun costs and attorney fees incurred by Landlord
in enforcing Landlord's remedies and allowed by statute shall be added to the
amount of the arrearage.
17.2 It is a violation of this Lease if Tenant, a member of Tenant's household, or any
other person under Tenant's control unlawfully manufactures, delivers, possesses
with intent to deliver, or possesses a connolled substance as defined by Michigan
law anywhere on the Premises or surrounding the Premises. Pursuant to
Michigan law, if Tenant violates this provision Landlord may serve a written
demand for possession for termination of this Lease giving Tenant 24 hours'
notice of the Lease termination and demand for possession. Tenant acknowledges
that an order of eviction/writ of restitution may be issued by the court
immediately after the entry of a judgment for possession. Tenant's
initials:
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18. Hold Over. Tenant may, with Landlord's permission, continue to occupy the Premises
after the term of this Lease expires without renewing this Lease or signing another Lease
for the Premises. Such tenancy shall be on a month-to-month basis and subject to the
provisions of this Lease except that the monthly rent shall increase by ten (10) percent
from the rent for the last month of the term of the Lease. and Landlord may increase rent
on thirty (30) days' notice to Tenant.
19. Notices. Any notices under this Lease shall be in writing and delivered to the recipient
personally or by first class mail fully prepaid at the following locations:
Tenant: Patrick T. Ogg
9489 Sashabaw Road
Clarkston, MI 48348
Landlord: Oakland County Department of
Facilities Management Property Management
One Public Works Drive, Bldg. 95W
Waterford, MI 48328
and
Oakland County Parks and Recreation
Executive Officer
2800 Watkins Lake Road, Bldg. 97W
Waterford, MI 48328
Unless otherwise required by law, the date of service shall be the date of hand delivery or
the mailing date.
20. Modifications, No modifications of this Lease shall be binding unless they are in writing
and signed by Landlord and Tenant.
21. Whole Agreement. This Lease sets forth the entire agreement between Landlord and
Tenant. There are no verbal or written agreements that are not contained in this Lease
between the parties.
22, Binding Effect. This Lease shall bind and benefit the parties to the Lease and their heirs,
personal representatives, successors, and permitted assigns.
23. Severability. If any provision of this Lease is invalid, unlawfid, or unenforceable to any
extent, the rest of the Lease and the application of the provision to the persons or
circumstances other than those for which it is invalid, unlawful, or unenforceable are not
affected.
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24. Time of the Essence. Time shall be deemed to be of the essence in the performance of
this Lease.
25. Effective Date. This Lease is effective on the date stated in Section 2.
TENANT LANDLORD
Date Date
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DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT
AND/OR LEAD-BASED PAINT HAZARDS
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and
dust can pose health hazards if not managed properly. Lead exposure is especially harmful to
young children and pregnant women. Before renting pre 1978 housing, landlords must disclose the
presence of lead based paint and/or lead-based paint hazards in the dwelling. Tenants must also
receive a federally approved pamphlet on lead poisoning prevention.
Landlord's Disclosure
(a) Presence of lead-based paint hazards and/or lead-based paint (check (i) or (ii) below):
(i) Known lead-based paint and/or lead-based paint hazards are present in the
premises (explain).
(ii) Landlord has no knowledge of lead-based paint and/or lead-based paint
hazards in the premises.
(b) Records and reports available: (check (i) or (ii) below):
(i) Landlord has provided the Tenant with all available records and reports
pertaining to lead-based paint and/or lead-based paint hazards in the
premises (list documents below)
(ii) Landlord has no reports or records pertaining to lead-based paint and/or lead-
based paint ha7..ards in the premises.
Tenant's Acknowledgment (initial)
(c) Tenant has received copies of all information listed above, if it is available.
(d) Tenant has received the pamphlet Protect Your Family from Lead in Your Horne.
(e) Tenant has (check (i) or (ii) below):
(i) received a 10-day opportunity (or mutually agreed upon period) to conduct a
risk assessment or inspection for the presence of lead-based paint
andlor lead-based paint hazards; or
(ii) waived the opportunity to conduct a risk assessment or inspection for the
presence of lead-based paint and/or lead-based paint hazards.
Certification of Accuracy
The Parties have reviewed the information above and certify, to the best of their knowledge, that the
information they have provided is true and accurate.
TENANT LANDLORD
Date Date
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Resolution #09320 December 9, 2009
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #09320) January 20, 2010
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: OAKLAND COUNTY PARKS AND RECREATION COMMISSION AND DEPARTMENT OF FACILITIES
MANAGEMENT — REQUEST FOR APPROVAL OF RESIDENTIAL. LEASE AGREEMENT WITH PATRICK T.
OGG, INDEPENDENCE OAKS COUNTY PARK
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 Miscellaneous
Resolution and finds:
1. The Oakland County Parks and Recreation Commission is seeking approval and acceptance of a
residential lease agreement between the County of Oakland and Patrick T, Ogg for the rental of a house
identified as 9489 Sashabaw Road and located on the grounds of Independence Oaks County Park.
2. The residential lease agreement with Patrick T. Ogg stipulates he will pay rent in the amount of $880 per
month in the first year with annual increases for a period of five years and pay all utility costs, commencing
January 1,2010.
3. A late fee of $25 will be paid for each monthly rent not received within five days of its due date and will be
considered additional rent to compensate for costs incurred because of late payments.
4. In addition to rent and utilities; Patrick T. Ogg will provide after hours security, contact and coordinate all
emergency activities with local police and fire agencies, and coordinate emergency maintenance as
necessary for Independence Oaks County Park.
5. The residential lease agreement was recommended for approval by the Oakland County Parks and
Recreation Commission on November 4, 2009.
6. The monthly rent amount will be deposited in the Oakland County Parks and Recreation Fund,
Independence Oaks Rent House revenue line item.
7. No General Fund/General Purpose or Parks and Recreation funding is required.
8. No budget amendment is recommended.
FINANCE COMMIAI EE
A
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #09320 January 20, 2010
Moved by Coleman supported by Potter the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greirnef,
Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad,
Schwartz, Scott, Taub, Woodward, Zack, Bullard. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVHE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 20. 2010, 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 20th day of January, 2010.
eat
Ruth Johnson, County Clerk