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Home My WebLink AboutResolutions - 1973.06.21 - 15491Richard R. Wilcox, Chairman June 21, 1973 RESOLUTION NO. 6346 RE: LEASE AGREEMENT WITH WATERFORD SCHOOL DISTRICT FOR MOBILE CLASSROOMS BY: BUILDINGS AND GROUNDS COMMITTEE - Richard R. Wilcox, Chairman TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the County of Oakland has five (5) mobile classrooms located on Pontiac Lake Road equipped to teach mentally retarded children; and WHEREAS, Waterford School District is required to offer classes to said children and has therefore requested to lease the five (5) mobile classrooms for a five-year term beginning July 1, 1973; and WHEREAS, the Waterford School District has agreed to lease said mobile classrooms for the sum of $5.20 per square foot per year; and WHEREAS, your Committee recommends that the five (5) mobile classrooms be leased to the Waterford School District. NOW THEREFORE BE IT RESOLVED that the Chairman of the Oakland County Board of Commissioners, on behalf of the County of Oakland, be and he is hereby authorized to execute a lease with the Waterford School District for a term of five (5) years in the form attached hereto. The Buildings and Grounds Committee, by Richard R. Wilcox, Chairman, moves the adoption of the foregoing resolution. BUILDINGS AND GROUNDS COMMITTEE LEASE THIS LEASE AGREEMENT made this 22 day of June A.D., 1973, by and between the COUNTY OF OAKLAND, a Michigan Con- stitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan, hereinafter called the "Lesser", and the WATERFORD SCHOOL DISTRICT, a Michigan Statutory Corporation, whose address is 6020 Pontiac Lake Road, Pontiac, Michigan, hereinafter called the "Lessee", WITNESSETH: WHEREAS, Lessor is the owner of premises hereinafter more fully described and which is a part of lands owned and used by Lessor as the "Oakland County Service Center"; and WHEREAS, Lessor is the owner or lessee of five (5) "Add-VA-Class" mobile classrooms, hereinafter more fully described, which are pre- sently situated on said premises; and WHEREAS, Lessee desires to lease the hereinafter described parcel of land and the five (5) mobile classrooms situated thereon for the purpose of operating therein a school for the education of mentally retarded children; NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1, The Lessor does hereby let and lease to the Lessee, sub- ject to the terms and conditions hereinafter set forth, the following described premises: That portion of the southeast quarter of Section 24, Waterford Township, Town 3 North, Range 9 East, Oakland County, Michigan, described as beginning at a point•'de- fined as the intersection of a line parallel to, and 7.50 feet in a general southwesterly direction of, the south wall of the building commonly referred as number 6 and a line parallel to, and 10.00 feet in a general southeasterly direction of, the east wall of the building commonly re- ferred to as number 7; thence 2l6.94 feet in a general northeasterly line along said line parallel to, and 10.00 feet east of, the east wall of said Building 7; thence 203.87 feet along a line with an angle to the right (clockwise) of 55°; thence 100.00 feet along a line with an angle to the right (clockwise) of 125°; thence 167.00 feet along a line with an angle to the right (clockwise) of 90 0 to the point of be- ginning. Said parcel contains 0.61 acres, more or less. 2 for a term of five (5) years beginning on the 1st day of July, A.D., 1973 and ending on the 30th day of June, A.D., 1978. 2. The Lessor does hereby let and lease to the Lessee, sub- ject to the terms and conditions hereinafter set forth, one (1) Add-A-Class mobile classroom, Model No. 2040-PC, bearing the serial number MU7A289 and which is commonly referred to as building 10, the same being located on the aforesaid premises described in paragraph 1 above, for a term of five (5) years beginning on the 1st day of July, A.D., 1973 and ending on the 30th day of June, A.D., 1978. This mobile clasroom is owned by the County of Oakland. 3. The Lessor does hereby let and lease to the Lessee, sub- ject to the terms and conditions hereinafter set forth, four (4 Add-A-Class mobile classrooms, also known as Divco-Wayne Relocatable Classrooms, bearing serial numbers MU9X007, MU9X008, MU9X009 and MU9X010, which are commonly referred to as buildings 6, 7, 8 and 9 respectively, and are located on the aforesaid premises described in paragraph 1 above, for a term of five (5) years beginning on the 1st day of July, A.D., 1973 and ending on the 30th day of June, A.D., 1978. These four (4) mobile classrooms are leased by the County of Oakland from the McFadden Corporation, 2822 North Logan Street, Lansing, Michigan. Said lease terminates on or about February 28, 1975 at which time the County of Oakland will purchase the mobile classrooms for a nominal amount. 4. The lease of the four (4) mobile classrooms, more par- ticularly described in paragraph 3, which are being leased by the County of Oakland from McFadden Corporation, is hereby made expressly subject to the approval of the McFadden Corporation, and further sub- ject to and controlled by the provisions and conditions of the lease already in effect between the County of Oakland and McFadden Corpor- ation with reference to these four (4) mobile classrooms. 5. The Lessor does hereby grant and convey to Lessee for as long as this lease shall remain in effect, the following rights and easements over the land of Lessor adjoining and abutting the premises herein leased: (a) Right of ingress and egress, the locations of said in- gress and egress to be mutually agreed upon by the Lessor and Lessee. (b) The use and the right of ingress and egress to a gravel parking lot which is located adjacent to the northeastern boundary of the described premises identified in the description as a line 216.94 feet in length. Lessee shall not have any right to use, other than for access, the paved parking lot adjacent to the gravel parking lot on the south. 6. Lessor hereby covenants that it will repair and maintain the portable buildings and all equipment furnished therewith in a good and satisfactory condition. 7. Lessor hereby covenants that it shall provide water, heat, lighting and electrical service. 8. Lessor hereby covenants that it will maintain the exterior grounds of the described premises. 9. Lessee hereby agrees with Lessor to lease the five (5) mobile classroom buildings described in paragraphs 2 and 3 and the premises described in paragraph 1, and to pay as rent therefor the actual cost of operation and maintenance plus the normal overhead percentage of the County of Oakland in providing the described facil- ities as a school location. 10. Lessee further covenants and agrees with Lessor that for the purpose of computation of rent, the five (5) mobile classrooms contain 6,064 square feet of floor space from which the rental due may be computed. -3 -7 4 11. The actual cost of operation and maintenance shall include the amount billed the County of Oakland by utilities and outside suppliers for service and materials rendered to the subject facilities, and the amount paid to County employees for hours worked in the maintenance and operation of the subject facilities. The normal overhead percentage shall be the rates in regular use by the County of Oakland which reflect the fringe benefit costs of the County as applied to the actual costs of operation and maintenance of the subject facilities. 12. Only for the period beginning on the 1st day of July, A.D., 1973 and ending on the 28th day of February, A.D., 1975, the actual cost of operation and maintenance of the subject facilities to the County of Oakland shall also include the amount of rental paid to the McFadden Corporation for the four (4) mobile classrooms des- cribed in paragraph 3 of this lease. Such amount is approximately $1,303.83 per month. 13. Lessee further covenants and agrees that the County of Oakland has estimated its actual cost of operation and maintenance plus normal overhead percentage to provide the facilities to be rented at a rate of Five and 20/100 ($5.20) Dollars per square foot of space per year, or Thirty One Thousand Five Hundred Thirty Two and 80/100 ($31,532.80) Dollars per year. 14. Lessee further covenants and agrees that rental shall be payable monthly in an amount to be billed monthly by the Lessor to the Lessee, such monthly rental to be computed at the actual cost of operation and maintenance plus the normal overhead percentage of the County of Oakland to provide the described facilities to Lessee. 15. Lessee further covenants and agrees with Lessor that Lessee shall install a safe and secure fence of a minimum height of four (4) feet, extending out from the northeasterly side of buildings 8 and 9 and completely enclosing a playground area adjacent to build- ings 8 and 9. 16. Lessee further covenants and agrees with Lessor that Lessee shall provide janitorial and custodial services including rubbish collection and window washing at its own expense. 17. Lessee shall make no changes, additions or improvements on the portable buildings leased hereunder without the previous written consent of the Lessor. 18. Lessee further covenants and agrees with Lessor that any major alterations to the buildings or premises shall be done at the expense of Lessee, and then, only with the prior written approval of the Lessor. 19. Lessee further covenants and agrees with Lessor that the aforesaid portable buildings shall at all times be and remain the sole property of the Lessor, all incidents of ownership thereto having been expressly retained by Lessor, subject only to the pos- sessory rights of Lessee under this Lease. 20. Lessee further covenants and agrees with Lessor that the aforesaid portable buildings shall remain on the above described premises of Lessor and shall not be removed therefrom by Lessee. 21. Lessee further covenants and agrees with Lessor that, on expiration of the term of this lease, Lessee shall surrender and deliver said portable buildings to Lessor in good condition, reasonable wear and tear thereof being expressly excepted. 22. Lessee further covenants and agrees with Lessor, that Lessee will not assign or otherwise transfer its interest in this Agreement or its interest as Lessee in said portable buildings and that it will not sublet said portable buildings. 23. Lessee further covenants and agrees with Lessor that Lessee shall indemnify and save harmless Lessor from any liability, cost, damage to property caused or occasioned by Lessee's use, main- tenance or control of the portable buildings, premises, or parking areas adjoining same. Lessee agrees to carry liability insurance having limits of $500,000.00 for each occurrence for bodily injury and property damage. 24. Lessee further covenants and agrees with Lessor that Lessee shall furnish Lessor with certificates of such insurance which shall provide that no cancellation thereof shall be effective unless ten (10) days prior written notice thereof shall have been given to Lessor. All policies of insurance required hereunder shall contain a clause providing for payments to Lessor or Assigns of all sums payable thereunder for losses resulting from hazards covered by such insurance. Lessor's acceptance of any such insurance certi- ficate shall in no way affect Lessee's obligation to indemnify Lessor as hereinabove provided. Lessee shall see to the delivery of either copies of said policies or certificates thereof to Lessor. 25. This lease may be cancelled by the Lessor or the Lessee without penalty provided that the party , desiring to cancel the lease notifies in writing the other party to the lease at least 180 days prior to the effective date of the cancellation. 26. Lessee further covenants and agrees with Lessor that Lessee shall have the right to renew this lease for a term of five (5) years upon the same rental, terms, covenants and conditions as are contained in the instant lease. The aforesaid right of renewal shall be exercised by the Lessee by giving a written notice of the exercise thereof to Lessor not less than sixty (60) days prior to the expiration of the term of this lease. 27. Lessee further covenants and agrees with Lessor that, in the event that Lessee shall breach any of its covenants herein Constitutional Corporation Paul/E. Kabile;4'Chai Oakland CouneY Board of Commissioners • At-2r By . M. Virginia }foss, Presiaent Waterford School District, Board of Education specified in this Lease, Lessor is hereby granted the license and right to enter upon the premises and retake and repossess said portable buildings. 28. Lessee further covenants and agrees with Lessor that Lessor and assigns have made no warranties or representations what- soever in connection with the portable buildings leased hereunder and they shall not be liable to Lessee for any loss, cost or damage whatsoever or however arising, whether from the possession, use, loss of use or interruption of service, injury to any person or property, repair or otherwise, except where such loss is due to the County's failure to carry out its obligations under the terms of this lease. 29. This Lease Agreement is intended for general use. Should any provisions hereof violate any applicable statute or rule of law, such provision shall be ineffective to the extent of such invalidity without invalidating any other provisions of this Agreement. 30. The parties hereto mutually agree that this Agreement shall be binding upon the successors of Lessee and upon the suc- cessors and assigns of Lessor. 31. Lessee hereby acknowledges receipt, at the time of the execution hereof, of a true, correct and exact signed copy of this Agreement and any schedules attached hereto. IN WITNESS WHEREOF the parties have hereunto set their hands the day and date first above written. WITNESSES COUNTY OF OAKLAND, a Michigan WATERFORD SCHOOL DISTRICT, a Michigan Statutory Corporation #6346 . Moved by Wilcox supported by Richardson the resolution be adopted. Discussion followed. AYES: Burley, Douglas, Dunleavy, Gabler, Hobart, Hoot, Houghten, Lennon, Mathews, Moffitt, Montante, Olson, Patnales, Perinoff, Pernick, Quinn, Richardson, Walker, Wilcox, Berman, Brotherton. (21) NAYS..; None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, Lynn D. Allen, Clerkof the County of Oakland and having a seal, do hereby certify that I have cOmpared the annexed copy of ' Resolution #6346 adopted by the Oakland County Board of COmmissioners ••• poilie•-•n•0•0•0 n•0••••0•••0•••0••0••0•0•0••0•04••0040•0000•••00•0•0•-e00000 n •19 at their June 21, 1973 meeting ••n••n•••Ogg eg egg 041 •nn ••nn •ggegg-ge"gg.13 .eseee•eream•Bei•••n •••011400•0••0•00000-600•0 with the original 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 21st June 10 73 thi s...ms...w.maeoespomaeoday Ofesnoace0000looseeljaere Lynn D. ....,Deputy Clerk