HomeMy WebLinkAboutResolutions - 1987.04.09 - 17754March 26, 1987
MTCELLANEOUS RESOLUTION 87073
BY: PLANNING AND BUILDING COWTITEE, Anne M. Hobart, Chairperson
IN RE: CITY OF SOUTEPTELD LEAST UXIFENSTO -
Corporation Counsel —Real Estate Section
TO THT OAKLAND COUNTY BOARD OF COMMISSIONERS:
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland by -Resolution 85140 adopt e d
on May 19, 1983 entered into a five (5) year lease with the
City of Southfield to lease approximately :4,96 acres of vacant -
property to he used for recreational activities, and
WITERT,AS if the City of Southfield desired to extend said
lease for any period of time RfteT the first five (5) years,
they were required to give written notice at least 30 days
prior to the expiration of the lease, and
181ThREAS the Southfield City Council did :so adopt a
resolution at their meeting of January 26, 1987, and
WHEUAS your Committee has given careful consideration
to the City of Southfield 's wish to make improvements to the
parl; property and their request for a lon-torm lease or
convey title on the property, or a portion; and the possibility
that the County will, in toe future, construct addltdon:ill
facilities on the property and therefore cannot commit the
Coo -nty to a long-term lease nor divest any portion of the land_
NOW TITEREFORE BE IT RESOLVED that the County of Oalan.J
extend the lease with t ile City of Southfield for a period of
ten (in) years commencing on the 5th day of May 191; and tbat
the lease extension shall retain the s7:77710 covenants and conditions
as are contained d ote dt:he lease Ma y — 1085. •
BE IT ALSO P-EWLVT.D tai, in consideration of the City of
Southfield 's investment, in excess of S.;.vti ,2,bt 'lnousdnd
Dollars, to make improvements to the lJnd and the County Pencri:t -ing
therefrom and the County's :',csire for a perimet e r berm, the County
of Oakland will pay to the City of Southfield T ,._11 Thousand (-1:),9 00)
Dollars upon completion of a Perim.:-ter berm.
BE IT FURTHER RSSOLVFD that r,be Chai.rperson oT the Oakland
County Board of Commissionoc6 be and is authorized to execut e.
a Deciarat7ion of L.-).5 Exten6ioa in tn• j'.'.orm attdched hereto
on behalf of the a)uoty of Oakland, and authors payment
In the amount of Ten Thousand ($10 /000) Dollars to the City
of Southfieid upon completion of a periwetec berm
Mr- Chairperson / on behalf of the Plannincj and Building
Committe, I move the at3option of the fot7egonc resollion.
DECLARATION OF LEASE EXTENSION
It is the intent of the County of Oakland, a Michigan Constitutional
Corporation, to renew the lease of the City of Southfield for a term of
ten (10) years commencing on the 5th day of May 1988 for property described as:
A parcel of land being Part of "Oakland Gardens
Sub.", a subdivision of the E i of SE of Section
13, TIN, R10E, City of Southfield, Oakland County,
Michigan, as recorded in Eiber 34, Page 8
of Plats, Oakland County Records, and also Part of
"Woodlands Park Sub.", a subdivision of the W i of
SE of Section 13, TIN, R1OE, City of Southfield,
Oakland County, Michigan, as recorded in Liber 37,
Page. 40 of Plats, Oakland- County Records. Further
described as beginning of the SE corner of Lot 84
"Oakland Gardens Sub." also being the intersection of
the north right of way line of San Quentin Avenue and
the west right of way line of Greenfield Road; thence
S 89 ° 55' 00" W. along said San Quentin Avenue north
right of way line 1256.34 ft. to a point; thence
N 1 ° 47" W 5.0 ft. to a point; thence S 89 ° 55' 00"
W 330-.04 ft.. to the SW corner of Lot 219 "Woodlands Park
Sub."; thence N 1 ° 03' 47" W 773.09 ft, along the westerly
lot lines of Lots 219 through 231 inclusive and
the westerly lot line of the E i of Lot 133 of "Woodlands
Park Sub." to a point,- said point also being the
southerly right of way line of Catalpa Drive; thence
N 89 ° 19' 00" E 330.00 ft. along the southerly right of
way line of Catalpa Drive to a point; thence N 88 ° 13'
00" E 596.0 ft. to a point along the southerly right of
way line of Catalpa Drive; thence S 1 ° 03' 00" E 305.00
ft. to a point; thence N 88 ° 13' 00" E 660.46 ft. to a
point on the westerly right of way line of Greenfield
Road. Said point also being 305.00 ft. south of the
NE corner of Lot 44 "Oakland Gardens Sub."; thence S
10 03' 00" E 513.78 ft. to the point of beginning.
Containing approximately 24.96 acres and otherwise known
as Part of Tax Parcels 24-13-404-013 and 24-13-426-001
City of Southfield Tax Rolls.
It is understood that the Lease Extension shall retain the same
covenants and conditions as are contained in the lease dated May 4, 1983.
ACCEPTED BY: ACCEPTED BY:
ROY REWOLD, Chairman
Oakland County Board of
Commissioners
City of Southfield
DATED: DATED:
WITNESS: WITNESS:_
WITNESS: WITNESS:
RESOLUTION
Patrick G. Flannery
City Clerk
City of Southfield, Michigan
WHEREAS the City of Southfield has maintained and cared
for Oakland County property, known as Catalpa Park, located in
Section 13 of the City of Southfield, since on or about 1970
WHEREAS the City leases the property from Oakland
County and said lease is due to expire in 1988
WHEREAS the City of Southfield feels that this
investment in Catalpa Park has established a practical interest
in the property
WHEREAS the City wishes to make improvements to the
park property worth $500,000, but hesitates absent a long-term
understanding with Oakland County before said improvements are
made
WHEREAS the total size of the property is 25 acres
WHEREAS the City recognizes a possible future need to
expand the County facility at Catalpa and Greenfield Roads
WHEREAS THE City feels that an Oakland County expansion
facility and the park can both exist on the property
WHEREAS if Oakland County decides to build an expansion
facility at a future time, only a portion of the site would be
needed for said facility and the remaining portion could still be
utilized as a park
WHEREAS the City of Southfield supports this ,dual use
concept and feels that an expansion facility and park could
easily co-exist on the site
NOW, THEREFORE, BE IT RESOLVED that the Southfield City
Council does hereby request that the Oakland County Board of
Commissioners approve an extended long-term lease or convey title
on the property, or portion thereof, known as Catalpa Park in
Section 13 to the City of Southfield for use as a park for the
citizens of Southfield and Oakland County, Michigan
said
will
said
BE IT FURTHER RESOLVED that if only a portion of
property is conveyed to the City, the remaining portion
continue to be leased to the City until such time that
expansion facility is built.
Motion for Adoption Made by: Councilman Steve Hurite
Motion Supported by: Councilwoman Vicki Goldbaum
Resolution unanimously adopted
I, Pat Flannery, the duly elected and
City Clerk of the City of Southfield,
Oakland, Michigan, do hereby certify
foregoing 'resolution was adopted by the
City Council at a Regular Meeting
January 26, 1987.
qualified
County of
that the
Southfield
held on
Date: January 27, 1987
LEASE
THIS LEASE, made and entered into this 4th day of NOY) 1983
between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation,
whose address is 1200 North Telegraph Road, Pontiac, Michigan, 48053,
hereinafter referred to as the "LESSOR", and the CITY OF SOUTHFIELD,
a Michigan Municipal Corporation, whose address is 26000 Evergreen
goad, Southfield, Michigan, 48076, hereinafter referred to as the
"LESSEE";
WITNESSETH;
-WHEREAS, the Countv of Oakland and the City of Southfield
entered into a Lease dated May 3, 1978; and
WHEREAS, the County of Oakland and the City bf Southfield
desire to extend the lease) and the Lessor hereby leases to the
Lessee for a period of five (5) years, commencing May 4, 1983, toe
following described lands, to-wit;
A parcel of land being Part of "Oakland Gardens
Sub.", a subdivision of the E 1/2 of SE 4 of
Section 13, TIN, R10E, City of Southfield, Oakland
County, Michigan, as recorded in Liber 34, Page 8
of Plats, Oakland County Records, and also Part of
"Woodlands Park Sub.", a subdivision of the W 1/2
of SE¼ of Section 13, TIN, R10E, City of Southfield,
Oakland County, Michigan, as recorded in Liber 37,
Page 40 of Plats, Oakland County Records. Further
described as beginning at the SE corner of Lot 84
"Oakland Gardens Sub." also being the intersection of
the north right of way line of San Quentin Avenue and
the west right of way line of Greenfield Road; thence
S 89 55' 00" W along said San Quentin Avenue north
right of way line 1256.34 ft. to a point; thence
N 1 03' 47" W 5.0 ft. to a point; thence S 89 55' 00"
W 330.04 ft. to the SW corner of Lot 219 "Woodlands Park
Sub."; thence N 1 0 03' 47" W 773.09 ft. along the
westerly lot lines of Lots 219 through 231 inclusive and
the westerly lot line of the E 1/2 of Lot 133 of "Woodlands
Park Sub." to a point, said point also being the
southerly right of way line of Catalpa Drive; thence
N 89 19' 00" E 330.00 ft. along the southerly right of
way line of Catalpa Drive to a point; thence N 88 13'
00" E 596.0 ft. to a point along the southerly right of
way line of Catalpa Drive; thence S 1 ° 03' 00" E 305.00
ft. to a point; thence N 88 ° 13' 00" E 660.46 ft. to a
point on the westerly right of way line on Greenfield
Road. Said point also being 305.00 ft. south of the
NE corner of Lot 44 "Oakland Gardens Sub."; thence S
10 03' 00" E 513.78 ft. to the point of beginning.
Containing approximately 24.96 acres and otherwise known
as Part of Tax Parcels 24-13-404-013 and 24-13-426-001
City of Southfield Tax Rolls.
Subject to the following conditions)
1. Such lands and any and all improvements thereon shall
be used by the Lessee to accommodate recreational activities.
2, Lessee shall have the right to prenore such land and
facilities to make the land presentable for recreational purposes
as are appropriate, and to construct on said lands, bleachers, stands
for refreshments, sanitary facilities and any other necessary
facilities to make the land presentable, as outlined on Master Plan
dated ft/Jr 1978 ) said structures and improvements to be not of a
Permanent -nature and any major changes to the original Master Plan
must have Oakland County Board of Commissioners' approval.
3, The Lessee agrees to pay to the Lessor as rental under
this lease, the sum of One ($1,00) Dollar per year for each year this
Lease is in effect, payable when this Lease is executed and a like
amount each year thereafter.
4. Lessee agrees that the erection, maintenance and
operation of any and all buildings on the premises herein described
shall be the sole responsibility of the Lessee and that said
buildings and structures shall all be removed by the Lessee upon
the termination of this Lease. All buildings and structures which
have not been removed upon termination of this Lease shall become
the sole property of the Lessor,
5. Lessee shall not mar or in any manner deface the
property or premises and shall not cause anything to be done whereby
said premises or property shall in any manner be marred or defaced,
and at the expiration or cancellation of the Lease, Lessee shall
surrender the premises and property in a decent, safe and sanitary
condition,
6. Lessee must provide suitable off-street parking and
said parking must be made available for the intended users of the
property.
7. Lessee agrees to comply with all applicable city
ordinances covering the described premises.
8. Lessee has the right to sublet the described premises
Patrick G. Flannery, C
providing the financial consideration doos not exceed One ($1,00)
Dollar per year, and the sublease has the approval of the Lessor.
9. The Lessee agrees to indemnify and hold harmless the
Lessor from any liability for damages to any person or.property in,
on or about said leased premises from any cause whatsoever; and
Lessee will procure and keep in effect during the term hereof public
liability and property damage insurance for the benefit of the Lessor
in the sum of One Hundred Thousand ($100,000,00) Dollars per person
and Three Hundred Thousand ($300,000.00) Dollars per occurrence and
One Hundred Thousand ($100,000,00) Dollars property damage insurance
resulting from any one occurrence. Lessee shall deliver said
policies to the Lessor,
10. If the Lessee desires to extend this Lease for any
period of time after the first five (5) years, then he shall give
written notice of such desire to the Lessor at least thirty (30) days
before the expiration of this Lease.
11, This Lease may De cancelled or terminated by either
Party by giving a six (6) monti written notice to the other Party,
in no event shall the cancellation be effective before September 1
of any year.
IN WITNESS WHEREOF, the Chairman and Clerk of the Board of
Commissioners of the County of Oakland in the State of Michigan, on
behalf of said County, have executed this lease in pursuance of
Miscellaneous Resolution No. 8 3 f4Le Passed by the Boar
Commissioners on the Li day of MAY.
resolution being on record in the Journal of the Board of Commissioners
in the Office of the County Clerk in the Courthouse in the City of
Pontiac, Michigan, and Donald F. Fracassi, Mayor of the City of
Sounfield, has executed this Lease for said Municipal Corporation,
COJNTY OF OAKLAND, a Mtchigan CITY OF SOUTHFIELD, a Michigan
Constituti!on4 csrporatipn Muni24.pal Corporation
By : By y : -
Richard R, Chair-en Donald F. rracossi,Ittor
Oakland County Board of Comissioners
una
A.D., 1983, said
BY -
Lynn D. Allen, Clerk
Oakland County Board of Com7issioners
WITNESSES:
, 1983, personally
STATE OF MICHIGAN)
) ss
COUNTY OF OAKLAND)
1.314.
On this /..:2 day
appeared Richard R. Wilcox and Lynn D, Allen and did say that they are
the Chairman and Clerk, respectively of the Oakland County Board of
Commissioners and as such have affixed their signatures to the fore-
going Lease, and that said instrument was signed and sealed on behalf
of said County of Oakland, by authority of its Miscellaneous
Resolution No. L3/47410 ccted trk /V91.1) 1983, and
acknowledged said instrument to be the free act and deed of said
County of Oakland.
EvelynVYvoye Stewart
Notary Public, Oakland County,
Michigan My commission expires Nov 30, 1984
-0--
FISCAL NOTE April 9, 1987
BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON
IN RE: CITY OF SOUTHFIELD LEASE EXTENSION - CORPORATION COUNSEL-
REAL ESTATE SECTION - MISCELLANEOUS RESOLUTION #87073
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has
reviewed Miscellaneous Resolution #87073 and finds:
1) The County, through Miscellaneous Resolution #83140 entered into
a five (5) year agreement with the City of Southfield by which
the City leased approximately 24.96 acres of vacant County land
for recreational purposes,
2) The Planning and Building Committee recommends that this
agreement be extended for an additional ten (10) years under the
same terms as the 1983 agreement,
3) The City is making improvements to the land in excess of $68,000
including the construction of a perimeter berm at a cost of
$10,000, all permanent improvements will remain County property,
4) In consideration for the City's efforts the Planning and Building
Committee recommends the County pay the City $10,000 upon
completion of the berm,
5) $10,000 is available in the 1987 Contingency Account to reimburse
the City for the berm, and recommends the following transfer:
4-10100-909-01-00-9900 Contingency $(10,000)
4-10100-909-01-00-9119 Southfield Health 10,000
Land Improvement
6) Upon completion of the berm, $10,000 will be paid the City of
Southfield, from the Southfield Health Land Improvement Account.
FINANCE COMMITTEE
this 9th day of 19 87
ALI E.)
County Clerk/Register of Deeds
MISCELLANEOUS RESOLUTION u023
April 9,1987
Moved by Hobart supported by Perinoff the resolution (with a positive
Fiscal Note attached) be adopted.
AYES: Crake, Doyon, Gosling, Hobart, Jensen, Richard Kuhn, Susan Kuhn,
Law, Luxon, McConnell, Angus McPherson, Ruel McPherson, Moffitt, Page, Perinoff,
Pernick, Price, Rewold, Rowland, Skarritt, Wilcox, Aaron, Calandro. (23)
NAYS: None. (0)
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 haying a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on April 9, 1987
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