HomeMy WebLinkAboutResolutions - 2011.09.22 - 18706MISCELLANEOUS RESOLUTION #11199 August 31, 2011
BY: PLANNING AND BUILDING COMMITTEE, DAVID POTTS, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION — INDEPENDENCE
OAKS-NORTH OTTMAN LEAHY LEASE
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 760-square foot house, identified as 5511 Oakhill Road, Clarkston, Michigan
48348, is located on the grounds of Independence Oaks County Park; and
WHEREAS, it is the desire of the Oakland County Parks and Recreation Commission to lease
said house located at 5511 Oakhill Road, Clarkston, Michigan 48348 to Kristy Ottrnan Leahy for a period
commencing September 15, 2011 through September 14, 2016; and
WHEREAS, under the terms and conditions of the attached Lease Agreement Kristy Ottrnan
Leahy will pay rent as follows:
September 15, 2011 to December 31, 2011
January 1, 2012 to December 31, 2012
January 1, 2013 to December 31, 2013
January 1, 2014 to December 31, 2014
January 1,2015 to December 31, 2015
January 1,2016 to September 14, 2016
each month and pay all utility costs; and
$700.00 per month
$714.00 per month
$728.00 per month
$743.00 per month
$758.00 per month
$773.00 per month
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 Kristy
Ottman Leahy.
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 Kristy Ottman Leahy, which may be required.
,121ZNNINqAND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote,
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 , between the County of
Oakland, 1200 North Telegraph, Pontiac, MI 48341 ("Landlord") and Kristy Ottman Leahy
("Tenant") according to the terms and conditions set forth below.
I. Premises. The Tenant leases from landlord the real property located at 5511 Oakhill
Road, Clarkston, Michigan 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 years, beginning on September 15, 2011
and ending on September 14, 2016. References in this Lease to the ten -n of the Lease
shall include any renewal term(s). Tenant shall receive possession of the Premises upon
execution of the Lease.
3. Tenant Monetary Obligations.
3.1.Tenant shall pay Landlord the following amount per month, as rent, on or before the
first day of each month during the term of this Lease:
September 15, 201
January 1,2012 to
January 1, 20] 3 to
January 1, 2014 to
January 1, 2015 to
January 1, 2016 to
Ito December 31, 2011
December 31, 2012
December 31, 2013
December 31, 2014
December 31, 2015
September 14, 2016
$700.00 per month
$714.00 per month
$728.00 per month
$743.00 per month
$758.00 per month
$773.00 per month
3.2.The rent shall be paid by check or money order made payable to the Landlord and
sent to the following address: Oakland County Parks and Recreation, 2800 Watkins
Lake Road, Waterford, Michigan 48328 or another address designated by Landlord in
writing.
3.3.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.
3.4.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
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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 be paid
at the place designated for payment, by cashier's check, certified check, or money
order.
3.5.Dwing the term of this Lease, the Tenant shall procure and maintain comprehensive
personal liability or tenant's form insurance coverage in the minimum amount of One
Hundred Thousand Dollars ($100,000,00). The Tenant shall also provide the
Landlord with a certificate of insurance coverage listing the County of Oakland and
its employees, officers, and elected and appointed officials as additional insureds.
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: Tenant's minor Children.
4.2. Tenant shall not do any of the following or allow another person todo any of the
following:
4.2.1 Create any excessive noise or public nuisance;
4.2.2 Do anything to the Premises or its sun -oundings 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
hazard 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.
4.3. Tenant Duties.
4.3.1. To the extent permitted by law, the Tenant shall secure and protect the
Park Property and facilities therein, especially during "Park Closed" hours.
This shall include contacting and coordinating with police, fire or other
agencies as may be required and the preparation of an Unusual Incident
Report as required by the Landlord.
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4.3.2. The Tenant shall arrange for emergency repair and maintenance services
for Park Property and facilities as needed.
4.3.3. The Tenant shall make reports to the Park Supervisor or other entity as
may be required by the Landlord
5. 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 substances 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.
6. Condition of Premises.
6.1 .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.
6.2.Tenants shall return the Premises to the Landlord in the same condition as they were
upon commencement of this Lease, including cleanliness, normal wear and tear
excepted.
7. Maintenance, Repairs, and Damage to Premises.
7.1.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.
7.2.Landlord shall be responsible for snow removal and lawn services for the Premises.
7.3.Landlord shall provide repair and maintenance for the Premises. Tenant shall notify
Landlord when there is a need for repairs to the Premises.
7.4.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.
8. 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.
9. Assignment and Sublease of Premises. Tenant shall not assign or sublease the Premises
or any portion thereof.
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10. Access to the Premises. Tenant shall allow Landlord and 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 tenn of the Lease expires and to
prospective purchasers on reasonable notice to Tenant.
11. 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.
12. 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.
13. 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 (l 5) days after the casualty.
Landlord shall not be liable for any reasonable delay or for providing housing for Tenant
during repairs.
14. Utilities and Services for Premises. Tenant is responsible for the costs of utilities and
services for the Premises and for establishing accounts, if they are not already established
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; (f) telephones; (g)
cable television; and (h) Internet. All accounts for utilities and services shall be in the
name of the Tenant.
15. Termination of Lease.
15.1. Tenant may terminate this Lease for any reason upon thirty (30) days written
notice to Landlord.
15.2. Landlord may terminate this Lease for any reason upon ninety (90) days written
notice to Tenant.
15.3. 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,
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except for normal wear and tear. Upon termination of this Lease, Tenant shall also
notify the Landlord of the move-out date, return all keys to the Premises to Landlord,
and transfer all utility and service accounts into the name of the County of Oakland.
16. Default of Lease and Landlord's Remedies.
16.1 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 court costs and attorney fees incurred by Landlord
in enforcing Landlord's remedies and allowed by statute shall be added to the
amount of the an-earage.
16.2 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 controlled 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:
17. 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.
18. 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: Kristy Ottman Leahy
5511 Oakhill Road
Clarkston, MI 48348
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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.
19. Modifications. No modifications of this Lease shall be binding unless they are in writing
and signed by Landlord and Tenant.
20. 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.
21. Binding Effect. This Lease shall bind and benefit the parties to the Lease and their heirs,
personal representatives, successors, and permitted assigns.
22. Severability. If any provision of this Lease is invalid, unlawful, 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.
23. Time of the Essence. Time shall be deemed to be of the essence in the performance of
this Lease.
24. Effective Date. This Lease is effective on the date stated in Section 2,
TENANT LANDLORD
Kristy Ottman Leahy Date Michael J. Gingen, Jr. Date
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Resolution #11199 August 31, 2011
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (-MSC #11199) September 22, 2011
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION — INDEPENDENCE OAKS-
NORTH OTTMAN LEAHY LEASE
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
resolution and finds:
1. The County of Oakland is owner of Independence Oaks County Park.
2. It is the desire of the Oakland County Parks and Recreation Commission to lease a 760-square
foot house, identified as 5511 Oakhill Road to Kristy Ottman Leahy.
3. Lease period runs from September 15, 2011 through September 14, 2016,
4. Attached Lease Agreement specifies the rent to be paid Oakland County from Kristy Ottman.
5. No budget amendment is required as revenues for this rental are included in the FY 2011
budget, as well as the Finance Committee Recommended Budget for FY 2012— 2014.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Long, Crawford and Greimel absent.
Resolution #11199 September 22, 2011
Moved by Nuccio supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub,
Weipert, Woodward, Zack, Bosnic, Covey. (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 APPROVEAHE FOREGOINC RESO! LIMN
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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
September 22, 2011, 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 22 nd day of September, 2011.
eu__O___ )4.
Bill Bullard Jr., Oakland County