HomeMy WebLinkAboutResolutions - 1981.05.07 - 15416Lease eat
REPORT May 7, 1981
BY: PLANNING & BUILDING COMMITTEE-G. William Caddell, D. C„ CHrson
RE: , s Resolution #81146, Clinton Valley Council of Boy Scouts-
TO THE OAKLAN::: COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
The Planning and BL nittee, by G. William Caddell, D, C.,
mined Miscellaneous Resolution #31146, Clinton Valley Council of Boy St
Lease Agreement, reaffirms its original recommendation that the resolution be adopted.
The Planning and Building Committee, by G. William Caddell, D. C., Chairperson,
e acceptance of the foregoing report.
PLANNING & BUILDING COMMITTEE
FISCAL NOTE
BY: FINANCE COMMITTEE, DENNIS MURPHY, CHAIRPERSON
IN RE: MISCELLANEOUS RESOLUTION ,1146-CLINTON VALLEY COUNCIL BOY SCOUTS OF
AMERICA, INC. LEASE AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed
Miscellaneous Resolution 01146 and finds no County funds are necessary. The
Finance Committee further finds that upon final execution of said lease agree-
ment there will be $740 per month rent collected by the county which will
require an adjustment to the county budget, said adjustment to be handled upon
• final execution of said lease agreement through the County Executives Department
of Management and Budget.
FINANCE COMMITTEE
Miscellaneous Resolution 81146 April 23, 1981
BY: PLANNING AND BUILDING COMMITTEE
IN RE: CLINTON VALLEY COUNCIL BOY SCOUTS OF AMERICA, INC. LEASE AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Boy Scouts provide the youth of American, an effective
program designed to build desirable qualities of character, to train in the
responsibilities of participating citizenship, and to develop in them personal
fitness, thus to help in the development of American citizens; and
WHEREAS the Clinton Valley Council Boy Scouts of America, Inc., a
non-profit organization, has requested permission to construct, operate and maintain
a facility for administrative functions relating to scouting activities on land owned by
the County of Oakland on what is commonly called the "Oakland County Service
Center;" and
WHEREAS your Planning and Building Committee believes that it is in the
best interest of the County to encourage the effort of scouting and has suitable
land available for a facility; and
WHEREAS your Committee has reviewed the proposed site plan and its
location on the Oakland County Service Center; and
WHEREAS the description of the proposed site is as follows:
All that part of the N.E. 1/4 of Section 24, T. 3 N„ R. 9E.,
Waterford Township, Oakland County Michigan described as:
Commencing at the intersection of the E. & W. 1/4 line of said
Section 24, with the Easterly right of way line of County Service Drive
West, 66 ft. wide; thence along said Easterly right of way line, N.
000 05'59" E. 770 ft. to the point of beginning; thence continuing
along said East right of way line, N. 00 005 1 59" E. 294 ft.; thence
S. 89°45'16" E. 257.67 ft.; thence S. 43 °55'24" E. 173.26 ft.; thence
S. 46°04'36" W. 243.58 ft.; thence N. 89 °45'16" W. 202.93 ft. to the
point of beginning, containing 88,809.67 sq. ft. or 2.03879 acres of
land and subject to all easements of record, if any.
WHEREAS the proposed site is located in the area designated as Community
Service Area on the Oakland County Service Center General Development Plan
(October 1969) where presently the Oakland County Credit Union and Easter Seal
Society facilities are located; and
WHEREAS your Committee has reviewed the lease agreement between the
County of Oakland and the Clinton Valley Council Boy Scouts of America, Inc.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby authorizes the Chairperson of the Board of Commissioners to execute a lease
agreement between the County of Oakland and the Clinton Valley Council of Boy
Scouts of America, Inc., a non-profit organization.
BE IT FURTHER RESOLVED the payment terms of said lease agreement shall
be $8,880 annually for fifteen (15) years and shall be adjusted upon renewal of
said lease.
Mr. Chairperson, on behalf of the Planning and Building Committee, I
move the adoption of the foregoing resolution.
_14
TH THIS LEASE AGREENENT made this S LEASE AGREENENT made this day of
day of the
LEASE
A.D. 1981, by and between the COUNTY OF
OAKLAND, a Michligan Constitutional Corporation, whose address is
1200 North Telegraph Road, Pontiac, Michigan 48053, hereinafter
called the "Lessor", and CLINTON VALLEY COUNCIL BOY SCOUTS OF
AMERICA, INC., a non—profit organization, whose address is 4479
Pontiac Lake Road, Pontiac, Michigan 48054, hereinafter called
the "Lessee".
WITNESSETH:
WHEREAS, Lessor is the owner of premises hereinafter
more fully described below and which is part of lands owned and
used by Lessor as the "Oakland County Service Center"; and
WHEREAS, Lessee desires to 1Qase the hereinafter
described parcel of land for the purpose of constructing a
council service center.
NOW, THEREF6iiE, IT IS MUTUALLY AGREED AS FOLLOWS:
The Lessor does hereby let and lease to the Lessee,
subject to the terms and conditions hereinafter set forth, the
following described premises:
All that part of the N.E. 1/4 of Section 24,
T. 3 N., R. 9 E., Waterford Township, Oakland
County, Michigan described as: Commencing at
the'intersection of the E. & W. 1/4 line of
said Section 24, with the Easterly right of
way line of County Service Drive West, 66 ft.
wide; thence along said Easterly right of way
line, N. 00 0 05'59" E. 770 ft. to the point of
beginning; thence continuing along said East
right of way line N. 00 °05'59"B, 294 ft.;
thence S. 89 °45'A" E. 257.67 ft.; thence
S. 43 °55'24" E. 173.26 ft.; thence S. 46°04'36"
W. 243.58 thence N. 89°145'16" W. 202.93
ft. to the point of beginning, containing
88,809.67 sq. ft. or 2.03879 acres of land and
subject to all easements of record, if any.
TERM: For a term of fifteen (15) years beginning on
, 1981, with an option
for renewal for a period of fifteen (15) years. This Lease may
be renewed for a like term upon terms and conditions as may be
• agreed upon by the Lessor and the Lessee.
USE: Lessee may use the premises only for the con-
struction and operation of a Council Service Center. Said
building shall only be used for administrative functions.
RENT: Lessee agrees to pay the Lessor for the above
described land at the rate of ten cents (10) per square foot,
which sum shall be Eight Thousand Eight Hundred Eighty and No/100
Dollars ($8,880.00) annually for the first fifteen (15) year ter
of this Lease. Payment thereof shall commence on the A-r-- da:
Jc,it of , 1981. Payments thereafter will be due in monthl
installments, payable in advance upon each and every month in the
sum of Seven Hundred Forty and No/100 Dollars ($740.00) per month.
RENT ADJUST=T: Land rental shall be adjusted upon
renewal of this Lease. Such adjustment shall be based upon the
fair market value of the land during the last month of the expir-
ing leasehold period.
TERMINATION: Lessee shall have the right to cancel
this Lease Agreement upon thirty (30) days' written notice to the
Lessor by registered mail.
DEFAULT: Failure of Lessee to pay rent or other charges
within thirty (30) days after due constitutes default. Failure of
Lessee to comply with any term or condition or fulfill any obli-
gation of this Lease (other than the payment of rent or other
charges) withii,1 thirty (30) days after written notice by Lessor
specifying with reasonable particularity the nature thereof, con-
stitutes default. In the event of default, the Lessor may termi-
nate the Lease in writing by registered mail to Lessee.
CONDITIONS:
1. Such land and any and all improvements thereon
shall be used for the benefit of youth and leaders of all races,
colors, and creeds;
2. No building or improvements shall be constructed
or made without first submitting plans of the same to the
appropriate County committee and having the approval of the
Oakland County Board of Commissioners endorsed thereon;
3. In the event Lessee fails at any time for a Period
of one (1) year to utilize the Premises for the purpose herein
indicated, Lessee shall forfeit all rights in the Premises, the
Lease shall automatically terminate, and the Lessor shall be -
entitled to immediate Peaceful Possession;
4. Upon termination of this Lease, Lessee's default,
the expiration of this Lease or a renewal thereof, or the non-
renewal of this Lease, Lessee has ninety (PO) days to vacate the
premises and remove the structure and/or improvements, if it so
desires. Otherwise, all structures and/or permanent improve-
ments placed upon the leasehold shall automatically become the
property of the Lessor. In such event, Lessor shall nay Lessee
the fair market value of the structure and/or improvements, less
a percentage thereof which is equivalent to the number of years
Lessee has held the leasehold under this Lease or any extensions
thereof. The fair market value shall be determined by the
average of the appraisals made by three (3) licensed appraisers.
Lessor and Lessee shall each select an appraiser and they shall
in turn select a third appraiser. Lessor and Lessee shall eaually
share the costs of said appraisals;
5. This Lease shall not be transferable or assignable
to any individual, group of individuals, associations, corpora-
tions, partnerships or entity of any kind whatsoever, or any
part of the premises thereof to be occupied by anyone other than
the Lessee without the written consent of the Lessor;
6. This Lease shall be void if Lessee violates rea-
sonable rules and regulations which may from time to time be
adopted by the Oakland County Board of Commissioners, Providing.
a written copy of said rules and regulations shall have Previous-
ly been given to Lessee. Lessee shall not use or occuny said
premises for any unlawful purpose, must conform to and obey all
present and future laws, ordinances, rules, regulations, re-
quirements, and ordinances of all governmental authorities and
agencies pertaining to the use and occupancy thereof, providing
Lessee has been given written notice of default or deficiency
and given reasonable time to correct same;
7. Lessee shall at all times carry such insurance
and in such amounts as will, in the opinion of the Oakland
County Board of Commissioners, be adequate to indemnify the
County of Oakland, its Denartments, officers, agents and em-
ployees against liability of every name and nature arising by
or through the acts or omissions of Lessee, its officers, agents
or employees. The Lessor shall be a named insured of said
policy. Copies of said policies of insurance shall be filed
with the Oakland County Executive;
8. The Lessee hereby undertakes and agrees to indem-
nify and save the Lessor harmless of ard from all claims, loss,
injury or damage to persons or property of the Lessor, ernlovees
of the Lessor, or others which may arise or be alleged to arise
through, on account of, or out of the fault or negligence in
whole or in part of the Lessee, its officers, agents or employees
in the use or occupancy of the premises herein leased;
9. In the event the Lessee does not maintain the
building and grounds in the same manner as indicated in the site
plan and in like manner as other units at the courthouse complex,
then the Lessoi- shall have the right to enter upon the nrerises
and do those acts necessary to maintain the grounds in a like
manner as are other buildings and grounds in the courthouse cm-
plex and charge the actual costs for such maintenance to the
Lessee. Lessee agrees that, within thirty (30) days from date of
receipt of such a cost statement, it will reimburse the Lessor;
10, The Lessor and Lessee may contract for utilities,
maintenance and operations, including, but not limited to, water,
sewer, gas, steam, electrical and telephone utilities, building
maintenance, ground maintenance, custodial services, security
services, and trash pickup services;
11. The Lessor agrees to furnish snow removal for
4
parking lots, drives and sidewalks, lawn maintenance service,
tree shrub and flower maintenance service (Lessee will reim-
burse Lessor for the costof replacement items which exceed
$10.00 each), parking lot asphalt patching (three F31 feet in
diameter or less), and irrigation snrinkler maintenance service;
12. Lessee shall have the privilege of nlacing signs
as it deems necessary and proper in the conduct of its business,
provided Lessee pays all Permit and license fees which may be
required to be paid for the erection and maintenance of any and
all such signs, and provided such signs are legally permitted to
be installed and have been approved by the Oakland County Board
of Commissioners. Lessee agrees to exonerate, save harmless,
protect and indemnify Lessor, its Departments, officers, agents
and employees from and against any and all losses, damages,
claims, suits, or actions for any damage or injury to persons
or property caused by the erection and maintenance of such signs
or parts thereof. Insurance coverage for such signs shall be
included in the public liability policy which Lessee is reouired
to furnish under Paragraph 7 of Conditions;
13. If the entire leasehold interest created by this
instrument is taken under the power of eminent domain, or so
much thereof as to render the remainder, in the judgment of the
Lessee, insufficient to maintain its operation, this Lease may
be terminated by Lessee. Any condemnation awards attributable
to the leasehold shall be awarded to Lessor, and Lessee will be
compensated for the structure and/or improvements according to
the provisions of Paragraph 4.
If a portion of the leasehold property is taken
under the power of eminent domain and does not interfere with
the maintenance of Lessee's operation, its structure and/or
improvements, any condemnation awards attributable thereto
shall be awarded to Lessor. In such event, Lessee's land
By: 4.Ct2
RICHARD R. WILCOX, Chairman
Oakland County Board of
Commissioners
By:
rental shall be reduced to reflect the diminution of the sauare
footage of property being leased; and
14. Lessor does hereby grant right of ingress and
egress to the Lessee,- the location of said ingress and eFress
to be mutually agreed upon by the Lessor and Lessee.
IN WITNESS WHEREOF, the parties hereto have executed
this LEASE AGREEMENT the day and year first above written.
WITNESSETH: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
21ra pd,7t.
CLINTON VALLEY' COUNCIL BOY
SCOUTS OF AMERICA, INC. yi a
non-profit orr-anizai-1
y
#81146 May 7, 1981
Moved by Caddell supported by Murphy the rules be suspended for immediate
consideration of the resolution.
AYES: Murphy, Olsen, Patterson, Peterson, Whitlock, Wilcox, Caddell, Gabler,
Gosling, Hobart, Jackson, Kasper, Lanni, McDonald, Moffitt, Montante. (16)
NAYS: Perinoff, Pernick, Price, Aaron, Cagney, DiGiovanni, Doyon, Fortino, Geary,
Moore. (10)
A sufficient majority having voted therefor, the motion carried.
Moved by Caddell supported by Gabler the reports be accepted.
A sufficient majority having voted therefor, the motion carried.
Moved by Caddell supported by Jackson that Resolution #81I46 be adopted.
Moved by Aaron supported by Perinoff the Lease be amended in the paragraph "RENT"
to read as follows:
"Lessee agrees to pay the Lessor for the above-described land, Eight Thousand Eight
Hundred Eighty Dollars ($8,880.00) annually for the first five (5) years of this Lease at
the rate of Seven Hundred Forty Dollars (S740.00) per month commencing on the
day of 1981; Ten Thousand Two Hundred Dollars ($10,200.00) annually for the
second five (5) year period or this Lease at the rate of Eight Hundred Fifty Dollars
($850.00) per month commencing on the day of 1981, and Twelve
Thousand Dollars ($12,000.00) annually —TO-r -Te third ri -C-ie ) year period of this Lease
at the rate of One Thousand Dollars ($1,000.00) per month commencing on the
day of 1981."
Discussion followed.
Vote on amendment:
AYES: Perinoff, Pernick, Price, Aaron, Doyon, Fortino, Moore. (7)
NAYS: Olsen, Patterson, Peterson, Whitlock, Wilcox, Caddell, Cagney, DiGiovanni,
Gabler, Geary, Gosling, Hobart, Jackson, Kasper, Lanni, McDonald, Moffitt, Montante,
Murphy. (19)
A sufficient majority not having voted therefor, the amendment failed.
Discussion followed.
Moved by Doyon supported by Perinoff the Lease be amended in the paragraph "CONDITIONS",
paragraph 4 to read as follows:
"Any and all structures and improvements erected on the Leasehold shall automatically
revert to and become the sole property of the Lessor upon termination of this Lease, or
upon Lessee's default, or upon the non-renewal of this Lease, or upon the expiration of
any renewal of said Lease, provided, however, that the Lessor shall pay to the Lessee its
original actual costs expended for the construction of any structure and/or improvements,
less a percentage thereof equal to the number of years Lessee has held the Leasehold under
this Lease or any extensions thereof."
AYES: Perinoff, Pernick, Price, Aaron, DiGiovanni, Doyon, Fortino, Geary, Moore. (9)
NAYS: Patterson, Peterson, Whitlock, Wilcox, Caddell, Cagney, Gabler, Gosling, Hobart,
Jackson, Kasper, Lanni, McDonald, Moffitt, Montante, Murphy, Olsen. (17)
A sufficient majority not having voted therefor, the amendment failed.
Moved by Doyon the question be divided. Seconded by Mr. Moore.
Discussion followed.
AYES: Perinoff, Pernick, Price, Aaron, DiGiovanni, Doyon, Fortino, Geary, Moore. (9)
NAYS: Peterson, Whitlock, Wilcox, Caddell, Cagney, Gabler, Gosling, Hobart, Jackson,
Kasper, Lanni, McDonald, Moffitt, Montante, Murphy, Olsen, Patterson. (17)
A sufficient majority not having voted therefor, the motion failed.
#81146 May 7, 1981
7th day of / ) May_ 19 81
Al
ALA-
Coun y Clerk/Register of Deeds
ALLEN
Moved by Aaron supported by Doyon the LEASE be amended in paragraph 4 by inserting
in the middle of the paragraph the following language to read: "In such event, the Lessor
shall have the right and option to purchase from Lessee at the fair market value of the
structure......."
AYES: Pernick, Price, Aaron, DiGiovanni, Doyon, Fortino, Geary, Moore. (8)
NAYS: Peterson, Whitlock, Wilcox, Caddell, Cagney, Gabler, Gosling, Hobart, Jackson,
Kasper, Lanni, McDonald, Moffitt, Montante, Murphy, Olsen, Patterson. (17)
PASS: Perinoff. (1)
A sufficient majority not having voted therefor, the amendment failed.
Discussion followed.
Vote on resolution:
AYES: Peterson, Whitlock, Wilcox, Caddell, DiGiovanni, Gabler, Gosling, Hobart,
Jackson, Kasper, Lanni, McDonald, Moffitt, Montante, Murphy, Olsen, Patterson. (17)
NAYS: Price, Aaron, Cagney, Doyon, Fortino, Geary, Moore, Perinoff, Pernick. (9)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #81146 adopted by the Oakland County Board of Commissioners
mg.
at their meeting held on May 7, 1981
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this