HomeMy WebLinkAboutResolutions - 2010.01.20 - 10108MISCELLANEOUS RESOLUTION #10012 January 20, 2010
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND HEALTH AND HUMAN SERVICES —
HOMELAND SECURITY DIVISION - APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT FOR
URBAN SEARCH AND RESCUE STORAGE FACILITY, 6226 "G" ROW NORTH SERVICE ROAD,
WATERFORD, MICHIGAN
To the Oakland Counly Board of CommisSoners
Chairperson, Ladies and Genttmen:
WHEREAS, Oakland County has purchased. on behalf of the Southeast Michigan Homeland
Security Board. various pieces of specialized search and rescue eauipment and vehicles; and
WHEREAS. at the present time no adequate County owned faolity exists on or off the Oakland
County Service Center, which would accommodate storage and provide for routine maintenance of said
equipment; and
WHEREAS, the County Administration has negotiated the terms of the attached two-year lease
agreement at a rentai rate cf $7,200 per month for use of an airport hangar located at 6226 "G" Row
North Service Road., Waterford. MI with Aviation Station North LLC, as Landlord; and
WHEREAS. the rent for the leased premises will be paid for from monies from the FY07 and FY
08 Urban Area Security Initiative Grant; and
WHEREAS. it is the recommendation that the Oakland County Board of Commissioners accept
and approve the terms and conditons of the attached Lease Agreement; and
WHEREAS. the County Administration and Facilities Management have reviewed and/or
prepared all necessary documents related to the attached lease agreement; and
WHEREAS, the Departments of Corporation Counsel and Risk Management have reviewed and
signed off on the Lease Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakiand County Board of Commssioners hereby
approves and authorizes the attacned Lease Agreement for use of 6226 "G'' Row North Service Road
between the County of Oakland and Aviation Station North. LLC.
BE IT FURTHER RESOLVED that the Oakland County Boar° of Commissioners hereby directs
its Chairperson or s designee to execute the attached Lease Agreement and al other related
documents between tne County of Oakland and Aviation Station North. LLC, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
_PLANNING AND'IiiLADING COrvliClITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried on a roll Gall vote with Gosselin absent,
LEASE
This Lease is made and entered into on the day of , 2010, by
AVIATION STATION NORTH, LLC, ("LANDLORD"), A Michigan Limited Liability
Corporation and the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, 1200
North Telegraph Road, Pontiac, Michigan 48341 ("TENANT"),
The Parties acknowledge that LANDLORD and TENANT entered into a lease agreement on
June 27, 1990 in which LANDLORD is a Lessee of land from the County of Oakland where the
building presently being leased is located (the Master Lease). This Lease is subject to the terms
and conditions contained in the Master Lease, which is attached as Exhibit A to this Lease.
1) Leased Premises. In consideration of the Rent to be paid and the covenants to be performed
by the TENANT, the LANDLORD leases to the TENANT and the TENANT rents from the
LANDLORD 14,400 square feet of a hangar located at 6226 "G - Row North Service Road,
Waterford, Michigan ("Premises").
2) Term and Commencement Date, The Term of this Lease shall begin on the Commencement
Date. which is , 2010, and will end on December 31, 2012. The TENANT shall
have possession of the Premises on the Commencement Date. Failure of the LANDLORD to
provide TENANT with possession on that date shall be deemed a Default under the terms of
this Lease.
3) Termination. The TENANT shall have the right to cancel this Lease for any reason upon
thirty (30) days written notice to the LANDLORD with no penalty.
4) Rent. From the date this Lease commences tmtil the Lease is terminated or expires, the
TENANT agrees to pay the LANDLORD $ 7,200 per month. This sum includes all
structural maintenance, site maintenance, snow removal, lawn maintenance, trash removal,
taxes. and utilities.
5) Partial Month Rent Proration. Should the Term of this Lease commence on a day other than
the first calendar day of a month, then the Rent for such month and the last month of the
Term shall be prorated upon a daily basis based upon a thirty (30) day calendar month.
6) Place and Date of Payment and Ngtices. Payments due under this Lease from the TENANT
to the LANDLORD shall be paid to:
Aviation Station North, LLC
6740 S. Service Drive
Waterford, MI 48327
Fax No: (248)666-4648
Attn: Accounts Receivable
Notices shall be sent to LANDLORD at:
Aviation Station North, LLC
6740 S. Service Dr.
Waterford, MI 48327
Fax No.: (248666-4648
Attn: Joseph M. Borgesen
Notices shall be sent to TENANT at:
Oakland County
Dept. of Homeland Security
1200 N. Telegraph
Pontiac, MI 48341
Attn: Theodore Quisenberry
With a Copy to:
Oakland County
Department of Facilities Management
One Public Works Drive, Building #95 West
Waterford, Michigan 48328
Attn: Property Manager
Any notice or other communication required or desired to be given shall be deemed to have
been sufficiently given for all purposes if delivered personally to the Party to whom the same
is directed, or if sent by registered or certified mail, postage and charges prepaid, addressed
to the address of such Party as set forth above. Any notice which is served personally shall
be deemed to be given on the date on which the same is actually served, and any notice
which is sent by mail shall be deemed given two (2) days after the same is deposited in a
regularly maintained receptacle fcr the deposit of 'United States mail, addressed as provided
in the immediately preceding sentence, Any Party may change its address for purposes of
this Lease by giving the other Party written notice of the address change.
7) The Rent due under Paragraph 4 of this Lease shall be paid on a monthly basis. The monthly
rental payment shall be paid on the first calendar day of each month or another date agreed to
by both Parties.
8) Use and Occupancy. The Premises shall not be used in violation of any law, municipal
ordinance, or regulation. The Premises will be used to store motorized vehicles and other
equipment for emergency first response. Some maintenance of these vehicles will be
performed on the Premises, Upon expiration or termination of this Lease, the TENANT shall
surrender the Premises in the same condition as when taken (reasonable wear and tear
excepted), and shall remove its personal property.
9) Maintenance and Repairs. The LANDLORD shall maintain and keep the Premises in good
repair, including, but not limited to, common areas, the roof, ceilings, walls, floors,
2
foundations, electrical systems, plumbing, sidewalks, parking areas, exterior glass, heating
systems, and the replacement of hght bulbs. The LANDLORD agrees that all repairs will be
made without delay,
10) Utilities and Services,
a) Utilities. The LANDLORD shall be solely responsible for all utilities associated with the
lease of the premises.
b) The LANDLORD shall be solely responsible for all utilities necessary to maintain the
exterior, including parking lots and common areas, in a safe and secure manner.
e) Services. The LANDLORD agrees to provide, at its own expense, trash removal, snow
and ice removal from sidewalks, steps and parking areas, complete parking lot
maintenance and lawn care services.
1 I ) Compliance with Laws. The LANDLORD agrees, at its own expense, to promptly comply
with all applicable federal, state and municipal ia.ws and regulations affecting the Premises,
including any barrier-free requirements
12) Insurance: The TENANT is self-insured. The LANDLORD agrees to, at its own expense, to
maintain insurance according to the minimum specifications during the entire term of this
lease.
a) Commercial General Liability with the following as minimum requirements:
$3,000,000 — General Aggregate Limit other than Products/Completed Operations
¶3,000.000 — Products/Completed Operations Aggregate Limit
¶3,000.000 — Personal & Advertising Injury Limit
$3,000,000 — Each Occurrence Limit
$ 500,000 - Fire Damage (Any One Fire)
$ 10,000 — Medical Payments — Any One Person
The insurance policy shall contain the following coverage(s):
• Occurrence Form
• Broad Form Property Damage
• Products & Completed Operations
• Premises/Operations
• Independent Contractors
• (Blanket) Broad Form Contractual — Specifically Naming this Contract
• Personal Injury - Delete Contractual Exclusion
• Per Location General Aggregate Limit
• Written Waiver of Subrogation naming the TENANT
The total limits of general liability coverage required herein may be satisfied with a
combination of a Primary General Liability (and) Umbrella/Excess policy having not less
than $3,000,000 in per occurrence limits, specifically listing the Primary General
Liability Policy as underlying insurance.
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b) LANDLORD Owned Premises, Personal Property and TENANT Alterations and
Improvements and Betterments; LANDLORD shall be responsible for, at its own
expense, to maintain insurance providing special form fire and extended coverage
insurance on all real property including the Premises, owned personal property, and any
TENANT alterations or improvements made to the Premises in which ownership has
transferred to the LANDLORD per the Lease. The LANDLORD agrees to waive all
rights, including any insurance company subrogation rights, against the TENANT (his
agents and/or employees) for any damage or loss of such property.
Waiver of Subrogation. With regard to the Premises, owned personal property andlor
equipment of the LANDLORD, the LANDLORD agrees that the TENANT (his agents
and/or employees) shall not be liable to the LANDLORD for any loss resulting directly
or indirectly from fire, explosion, smoke damage, vehicle damage, aircraft damage, not
and civil commotion, vandalism and malicious mischief, or other similar event. With
regard to personal property and/or equipment owned by the TENANT, the TENANT
agrees that the LANDLORD shall not be liable to the TENANT for any loss resulting
directly or indirectly from fire, explosion, smoke damage, vehicle damage, aircraft
damage, riot and civil commotion, vandalism and malicious mischief; or other similar
event.
13. General Insurance Provisions:
All certificates of insurance and policies of the LANDLORD shall be endorsed to contain
the
following provisions and/or clauses:
(1) All policies of insurance shall be on a primary, non-contributory basis with any
other insurance and/or self-insurance carried by the Tenant.
(2) The insurance company(s) issuing the policy or policies shall have no recourse
against the Tenant for payment of any premiums or for assessments under any
form of policy.
(3) Any and all deductibles in the above-described insurance policies shall be
assumed by, and be for the amount of and at sole risk of, the LANDLORD.
(4) Commercial General Liability insurance policy shall be endorsed to name the
TENANT (agents and employees) as additional insured and shall specifically
include the liability assumed hereunder by LANDLORD.
(5) All certificates are to provide thirty (30) days written notice of material change,
non-renewal or cancellation. Certificates of insurance must be provided no less
than ten (10) working days before occupancy or use of the Premises.
(6) All certificates of insurance shall bear evidence of all required endorsements and
clauses.
14. Indemnification. The LANDLORD shall save, defend, indemnify and hold the TENANT
c)
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harmless from and against any and all loss, cost, liability, damage, expense (including,
without limitation, reasonable attorneys' fees), penalties, fnes and claims whatsoever in
connection with loss of life, personal injury and/or damage to property arising from any
negligent or willful acts or omissions of the LANDLORD, its agents or employees.
15. Alterations or improvements. The TENANT shall not make any alterations or improvements
to or upon the Premises without the prior written consent of the LANDLORD. Any
alterations or improvements made to or upon the Premises shall become an integral part of
the Premises and shall become the sole property of the LANDLORD immediately upon the
completion, unless agreed to in writing by the Parties.
16. Care of Premises. The TENANT shall keep the Premises in good repair, wear and tear
from reasonable use and damage from the elements excepted.
17. Security. The LANDLORD agrees to provide lighting for the interior and exterior of the
Premises, including parking areas directly adjacent to the Premises, in an adequate
manner consistent with other similar office buildings in the metropolitan Detroit area.
The LANDLORD will provide keys for the TENANT's employees, agents, or
independent contractors to enter the Premises. TENANT shall be responsible for
expenses involved with installation and payment of a Security System.
18. Access. The TENANT shall allow the LANDLORD access to the Premises during
regular business hours for the purposes of inspecting, repairing and/or maintaining the
premises when accompanied by an agent or employee of TENANT. The LANDLORD
shall use its best efforts not to disrupt the usual operations of the TENANT at the
Premises. The TENANT shall also allow the LANDLORD access to the Premises at any
time in case of an emergency.
19. Signs. The TENANT may attach, install or erect signs on the interior walls of the
Premises as necessary for the TENANT'S business at the Premises. The TENANT may
not attach, install or erect any signs on the exterior walls of, or the area surrounding, the
Premises without the prior written approval of the LANDLORD and the Township of
Waterford as to the form, content, material, lighting and structure thereof,
20. Assignment The TENANT shall not assign, sublet or in any manner transfer this Lease
or any estate or interest therein without the prior written consent of the LANDLORD.
21. Parking. The LANDLORD agrees to provide sufficient parking to satisfy the
requirements of the TENANT.
22. Quiet Enjoyment. Upon performance of its obligations under this Lease, the TENANT
shall peacefully and quietly hold and enjoy the Premises for the Term of this Lease
without hindrance or interruption by the LANDLORD, its agents or employees, subject to
the terms of this Lease.
23. Modifications, This Lease may be modified or amended only by written agreement of the
LANDLORD and the TENANT.
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24. Remedies not Exclusive, It is agreed that each and every right and 'benefit provided by
this Lease shaJ be cumulative, and shall not be exclusive of any other right, remedy
and/or benefit allowed by law or in equity to either party.
25, 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, insure, and maintain the common areas.
26. Security Deposit. LANDLORD acknowledges that no security deposit is being required
of TENANT.
27. Governing Law. This Lease shall be interpreted under and governed by the laws of the
State of Michigan.
28. Severability. If a term, condition, or provision of this Lease is found, by a court of
competent jurisdiction, to be invalid, unenforceable, or to violate or contravene federal or
state law, then the term, condition, or provision shall be deemed severed from this Lease;
all other terms, conditions and provisions shall remain in full force and effect.
29. Waiver. No waiver of any term, provision or condition of this Lease, whether by conduct
or otherwise, in one or more instances, shall be deemed or construed as a further
continuing waiver of a term, provision or condition of this Lease. No remedy available to
a Party for the other Party's breach of this Lease is intended to be an exclusive remedy. A
Party's exercise of any remedy for breach of this Lease shall not be deemed or construed
to be a waiver of its right to pursue another remedy.
30. Entire Agreement, This Lease constitutes the entire agreement of the Parties with respect
to the Premises, and all prior negotiations, agreements and understandings, either oral or
written, are merged herein.
31. Binding Effect. The terms and conditions of this Lease shall be binding and shall inure te
the beneft of the Parties and their respective heirs, representatives, successors and
assigns.
32. Reservation of Rights. 'I'his Lease does not and is not intended to impair, divest, delegate,
or contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty, capacity, or immunity ef the TENANT.
33. Default. If the either party defaults in any of its obligations under this Lease, either party
shall have all remedies available to it under the law,
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year above
6
written.
WITNESSES: JOE BORGESEN (LANDLORD)
Br
COUNTY OF OAKLAND (TENANT)
By:
Michael D. Hughson Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
STATE OF MICI [JOAN )
) SS,
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me in Oakland County„ Michigan this
_ day of 2009, by Joe Borgesen, Manager of Landlord.
Notaiy Public, Oakland County, Michigan
Acting in Oakland County
My Commission Expires:
STATE OF MICHIGAN )
) SS.
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before mc in Oakland County, Michigan this
day of , 2009, by Bill Bullard, Jr., Chairperson of the Board of Commissioners
of the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, on behalf of the
Corporation.
Michael D. Hughson
Notary Public, Oakland County, Michigan
Acting in Oakland County
My Commission Expires: 5/5/2014
7
$43.200
.(43,200)
$
$ 57,600
(57.60Q)
$ -0-
FINANCE COMMITTEE
FISCAL NOTE (MISC. 110012) January 20, 2010
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND HEALTH AND HUMAN
SERVICES — HOMELAND SECURITY DIVISION - APPROVAL AND ACCEPTANCE FOR
URBAN SEARCH AND RESCUE STORAGE FACILITY, 6226 "G" ROW NORTH SERVICE
ROAD, WATERFORD, MICHIGAN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed me above
referenced resolution and finds:
1. The resolution approves and authorizes a Lease Agreement between the County of
Oakland and Aviation Station North, LLC (landlord) for the lease of a 14,400 square
foot hangar located at 6226 "G" Row North Service Road, Waterford, Michigan.
2. Currently no adequate County owned facility exists on or off campus which would
accommooate storage and provide routine maintenance of specialized search and
rescue equipment and vehicles.
3. The lease agreement begins upon execution of the lease and will end on December
31, 2012. The cost of the lease is $7,200 per month and includes all structural
maintenance, site maintenance snow removal, lawn maintenance, trash removal,
taxes, and utilities.
4. The County of Oakland has the right to cancel this Lease for any reason upon thirty
(30) days written notice to Aviation Station North, LLC (landlord) with no penalty.
5. Funding for the lease premises will be paid from unspent 2007 and 2008 grant
money to cover the lease. Funding is estimated at $14,400, through March 31,
2010 from tne Grant Year 2007 Urban Area Security Initiative Grant (UASI). The
remainder of funding for the lease agreement is available in the Grant Year 2008
Urban Area Security Initiative Grant (UASI) which is approximately $100,800.
6. Grant monies are projected to extend thre May 31, 2011. There is no secured
funding beyond May 31, 2011, to complete the lease agreement. Homeland
Security wiA look for additional sources.
7. The FY2010. FY2011 budget is amended as follows:
FY201G FY2011
Grant Year 2007 (UASI)
Fund 29340 Grant #0000000399
Expense:
1060601-115127-731626 Rent $14,400
1060601-115127-750154 Exp. Equip. (14,400)
S -0-
Grant Year 2008 (UASI)
Fund 29340 Grant #0000000453
Expense.
1060601-115127-731626 Rent
1060601-115127-750154 Exp. Equip,
FINANCE COMMITTEE
Motion carried on a roil call vote with Potts voting no.
/?zsb
Resolution #100'12 January 20, 2010
Moved by Scott supported by Runestad the resolution (with fiscal note attached) be adopted.
AYES: Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton,
Nash, Potter, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Cabello,
Coleman, Coulter, Douglas, Gershenscn. (24)
NAYS: Potts. (1)
A sufficient maiority having voted in favor, the resolution (with fiscal note attached) was adopted.
APPROVE ME FOREGOING RiSOLUT1ON
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 cf the County of Oakland at
Pontiac, Michigan this 20th day of January, 2010.
Gat
Ruth Johnson, County Clerk