HomeMy WebLinkAboutResolutions - 2011.11.02 - 18785REPORT (MISC. #11257) November 2, 2011
BY: Finance BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND HEALTH — REQUEST FOR
APPROVAL OF LEASE AGREEMENT WITH WALLED LAKE CONSOLIDATED SCHOOL
DISTRICT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee reports with the recommendation that the lease agreement be
amended as follows.
4. Rent: Tenant shall pay Landlord as annual rent for the Leased Premises
during the Lease Term the sum of One and 00/100 Dollars ($1.00) per square foot per
month, being an annual sum of Eight Thousand Six Hundred Forty and 00/100 Dollars
($8,640.00), payable at the rate of Seven Hundred Twenty and 00/100 Dollars ($720.00)
per month. Tenant shall pay to Landlord the monthly amount specified above for each
month of the Lease Term, commencing upon the Effective Date A-ugust-1, 20] 1. Rent
shall be paid to the order of Landlord, in advance, without any setoffs or deductions, on
the first day of each and every month (the "Rent Day") at Landlord's address set forth in
the preface of this Lease, or at such other place as Landlord may designate in writing.
9. Utilities: Landlord shall pay for the cost of all reasonable utilities supplied
to the Leased Premises during the Lease Term, provided, however, Landlord shall not be
responsible for any loss or interruption of utility services. Notwithstanding the foregoing,
Tenant shall be responsible, at its sole cost and expense, for obtaining and maintaining all
necessary telephone, .internet and cable services for its use. Landlord may provide
reasonable access to the internet for Tenant's use. Landlord is not responsible for
any interruptions in the Internet service it provides to Tenant. Landlord agrees to
provide connections for telephone, internet and cable services at its cost, provided
however, if Tenant requires connections that require infrastructure that is in addition to
the infrastructure that is currently in place, Landlord and Tenant agree to cooperate in
good faith to determine the Tenant's portion of responsibility for such costs.
Chairperson, on behalf of the Finance Committee, I move acceptance of the foregoing
report.
FINANCE COMMITTEE
FINANCE COMMITTEE:
Motion carried unanimously on a roll call vote.
PLANNING AND BUILDING COMMITTEE
MISCELLANEOUS RESOLUTION #11257 October 20, 2011
BY: Planning and Building Committee, David Potts, Chairperson
IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND HEALTH — REQUEST FOR
APPROVAL OF LEASE AGREEMENT WITH THE WALLED LAKE CONSOLIDATED SCHOOL
DISTRICT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is in the process of vacating the West Oakland Office Building
located at 1010 East West Maple Road in the City of Walled Lake: and
WHEREAS, the Oakland County Health Department Administration has determined that the
Women, Infants and Children Supplemental Food Program (WIC) will remain active in the Walled Lake
area; and
WHEREAS, suitable alternative office space has been located at 615 North Pontiac Trail in a
building owned by the Walled Lake Consolidated School District for use by the Health Department staff; and
WHEREAS, it is the recommendation of the Departments of Facilities Management and Health
that the Oakland County Board of Commissioners accepts and approves the terms and conditions of the
attached Lease Agreement with the Walled Lake Consolidated School District; and
WHEREAS, under the terms and conditions of the attached Lease Agreement, the Walled Lake
Consolidated School District will be responsible and provide all building maintenance, custodial services
and utilities for the building located at 615 North Pontiac Trail, Walled Lake, Michigan, 48390; and
WHEREAS, the County shall pay rent of $720.00 per month or 88,640.00 per year to the Walled
Lake Consolidated School District for use of approximately 720-sf of office space and common areas; and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed
and/or prepared all necessary documents related to 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 as tenant and the
Walled Lake Consolidated School District as landlord.
BE IT FURTHER RESOLVED-tIlat the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execut'ig the attached lease agreement and all other related documents
between the County of Oakland and the Walled Lake Consolidated School District, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter "Lease") is made and entered into as or this
day of 2011 (hereinafter "Effective Date"), by and between WALLED
LAKE CONSOLIDATED SCHOOL DISTRICT, a Michigan general powers school district,
whose address is 850 Ladd Road, Building D, Walled Lake, Michigan 48390 (hereinafter referred to
as "Landlord") and THE COUNTY OF OAKLAND, a Michigan municipal corporation, whose
address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereinafter referred to as
"Tenant").
WI I NESSETI I:
1. Leased Premises: In consideration of the rents, covenants and conditions
contained herein, and as further defined in Paragraph 2 of this Lease, Landlord hereby leases to
Tenant and Tenant hires from Landlord a portion of the building commonly known as the Walled
Lake Community High School, located at 615 North Pontiac Trail, Walled Lake, Michigan
48390 (the "Building"). The Building consists of approximately 97,000 square feet. The Tenant
shall lease approximately 720 square feet within the Building (the "Leased Premises"), as more
specifically shown on the floor plan attached hereto as Exhibit A (the "Leased Premises").
2. Non-Exclusive Use of Leased Premises: During the Lease Term, Landlord and
Tenant agree to Tenant's use of the Leased Premises. as follows:
A. Joint use with Landlord and/or other Tenants:
• Lobbies
• Hallways
• Parking Lot
• Restrooms
B. Exclusive Use by Tenant:
• Office A227
• Office A228
• Office A229
• Office A230
• Office A232
• Office A233
• Office A235
• Work Room A231
3. Term: The term of this Lease shall commence on the Effective Date and
terminate on June 30, 2013 (the -Lease Term"), unless extended pursuant to Paragraph 35 or
terminated pursuant to Paragraphs 18, 19 or 36 hereof. Tenant hereby acknowledges that it has
no expectation of a lease beyond June 30, 2013.
4. Rent: Tenant shall pay Landlord as annual rent for the Leased Premises during
the Lease Term the sum of One and 00/100 Dollars ($1.00) per square foot per month, being an
annual sum of Eight Thousand Six hundred Forty and 00/100 Dollars ($8,640.00), payable at the
rate of Seven Hundred Twenty and 00/100 Dollars (5720.00) per month. Tenant shall pay to
Landlord the monthly amount specified above for each month of the Lease Term, commencing
August 1, 2011. Rent shall be paid to the order of Landlord, in advance, without any setoffs or
deductions, on the first day of each and every month (the "Rent Day") at Landlord's address set
forth in the preface of this Lease, or at such other place as Landlord may designate in writing.
5. Use of Leased Premises: Tenant shall use and occupy the Leased Premises for the
sole purpose of housing and operating offices for the Oakland County Health Department WIC
Program and for no other purpose(s) without the prior written consent of Landlord. Tenant shall
not do or permit to be done any act or thing upon the Leased Premises that will increase the cost
of casualty and liability insurance above the insurance costs normally associated with Tenant's
principal activities as herein described. Tenant shall not use the Leased Premises or permit the
Leased Premises to be used for the doing of any act or thing that constitutes a violation of any
valid law, order or regulation of any governmental authority. Tenant shall use and occupy the
Leased Premises subject to all School District policies, procedures and regulations of Landlord.
Tenant shall not perform any acts or carry on any practices which may injure the Leased
Premises or be a nuisance and shall keep the Leased Premises under its control clean and free
from rubbish and dirt at all times, and it is further agreed that in the event the Tenant shall not
comply with these provisions, and Landlord has given Tenant ten (10) days prior notification of
such situation, Landlord may enter upon the Leased Premises and have any said rubbish and dirt
removed, in which event Tenant agrees to pay all reasonable charges that Landlord shall pay for
hauling rubbish and dirt. Said charges shall be paid to Landlord by Tenant as soon as a bill is
presented to Tenant and Landlord shall have the same remedy as is provided in this Lease in the
event of Tenant's failure to pay.
6. Acceptance of the Leased Premises: Tenant acknowledges that it has examined
the Leased Premises prior to the making of this Lease and knows the conditions thereof. Tenant
further acknowledges that no representation as to the condition or state of repairs thereof have
been made by Landlord or its agents which are not herein expressed. Tenant hereby accepts the
Leased Premises in its present AS IS condition as of the Effective Date,
7. Alterations and Improvements: All alternations or improvements to the Building
or Leased Premises that are requested by Tenant and necessary for Tenant's use of the Building
and/or Lease Premises shall be completed at Tenant's sole cost and expense. Tenant shall not
make any alterations, additions. or improvements to the Leased Premises or Building without
Landlord's prior written consent. Furthermore, all improvements and construction must be
approved by Landlord in writing prior to the commencement of such construction and completed
in accordance with all applicable laws, and policies, procedures rules and regulations of or
applicable to, f.andlord. Landlord shall have the right to approve any and all contractors or other
entities performing any such approved capital improvements.
8. Maintenance and Repairs: Landlord after receiving written notice from the
Tenant, and having reasonable opportunity thereafter to obtain the necessary workmen therefore,
agrees to keep the Leased Premises in good order and repair as reasonably required to keep the
Leased Premises in its current condition, normal wear and tear excepted; provided, however,
Tenant shall be responsible for all property damage to the Leased Premises or Building caused
by the negligence or willful acts of the Tenant and the Tenant's agents, representatives,
employees and officers up to $5,000,
0. Utilities: Landlord shall pay for the cost of all reasonable utilities supplied to the
Leased Premises during the Lease Term, provided, however, Landlord shall not be responsible
for any loss or interruption of utility services. Notwithstanding the foregoing„ Tenant shall be
responsible, at its sole cost and expense, for obtaining and maintaining all necessary telephone
and cable services for its use. Landlord may provide reasonable access to the internet for
Tenant's use. Landlord is not responsible -for any interruptions in the interact service it provides
to Tenant. Landlord agrees to provide connections for telephone, internct and cable services at
its cost, provided however, if Tenant requires connections that require infrastructure that is in
addition to the infrastructure that is currently in place, Landlord and Tenant agree to cooperate in
good faith to determine the Tenant's portion of responsibility for such costs.
10. Janitorial Services: Landlord shall furnish, at its own expense, all janitorial
services for the operation of the [cased Premises. However, in the event the Tenant's use of the
Leased Premises shall render the Leased Premises with excessive dirt and rubbish, as determined.
in the sole discretion of Landlord, the Tenant hereby agrees to reimburse Landlord for the direct
expense that Landlord incurs in providing janitorial services to remediate such condition,
including salary and/or hourly wage of its employees as well as any overtime expenses incurred
and the cost of 'Ianitorial supplies.
11. Building Insurance: landlord shall cause the Building and its improvements to be
insured against loss or damage under a policy or policies of fire and extended coverage
insurance, including "additional perils." Landlord and the Landlord's insurance carrier agree to
waive all rights of subrogation against Tenant for any loss or damage to the Leased Premises
and/or Building exceeding $5,000, provided however, that if Landlord makes a claim to its
insurance carrier for such damage caused by Tenant or the Tenant's agents, representatives,
employees and officers, Tenant shall pay Landlord's insurance deductible up to $5,000,
12. Tenant's Personal Property Insurance: Any personal property kept on the Leased
Premises by Tenant shall be insured at Tenant's sole risk, and Tenant shall acquire such policy or
policies of insurance thereon as 1 enant in its best .judgment shall determine. The Tenant and
Tenant's insurance carrier agree to waive all rights of subrogation against the Landlord and
Landlord's insurance carrier for any loss or damage to Tenant's personal property kept on the
Leased Premises.
13. Liability Insurance: 'r enant shall maintain a program of general liability self-
insurance for liability arising From the Tenant's operations on the Leased Premises and at the
Building providing protection with reTeet to bodily injury and property damage. t_Jpon request,
the Il'enant shall furnish the Landlord with a certificate of general liability self-insurance. The
Tenant will provide the Landlord with thirty (30) days written notice of any cancellation or
material change in the program of self-insurance or property insurance required by this Section.
14, Liability: Each Party , shall be responsible for its own acts or omissions and the
acts of its employees and officers, the costs associated with those acts, and the defense of those
acts. Notwithstanding any other provision of this Agreement, this Agreement does not, and is
not imended to, impair, divest, delegate, or contravene any constitutional, statutory, and/or other
legal right, privilege, power. obligation. duty. or immunity of either Party.
15. Damage or Destruction - Fire or Other Cause: In the event of a partial destruction
of the Leased Premises, the I scindlord shall, as promptly as possible, unless Landlord shall elect
not to rebuild, repair the same. pros ided such repairs can reasonably be made within ninety (90)
days (or within such other period as Landlord and Tenant may agree upon) from said destruction
or damage under normal working conditions, and pursuant to applicable law, ordinances, and
regulations. In such case, this Lease shall not be terminated, but the Rent shall be abated
proportionately for such portion of said Leased Premises as are not reasonably usable during the
period while repairs are being made. In the event that such repairs cannot reasonably be made
within ninety (90) days time (or such miler period as Landlord and Tenant may agree upon), or in
the event Landlord shall elect not to rebuild, repair the same, either party hereto at its option may
terminate this Lease upon written notice to the other. In any event, the destruction of
substantially all of the Leased Premises shall cause this Lease to automatically terminate, without
the requirement of notice.
16. Environmental Warranty: Tenant represents, warrants and covenants to Landlord
the following:
A. Tenant's use of the 1_,cased Premises and its activities thereon shall comply
with all "Environmental Laws," which, for purposes of this lease, shall mean all federal, state
and local environmental laws, including, but not limited to. The Hazardous Materials
Transportation Act. (47 It SC §§ 1801 ct seq.), Federal Water Pollution Control Act (33 U.S.C.
§§ 1251 el seq.) ("Clean Water Act -). Me Resource Conservation & Recovery Act (42 L.S.C.
§§ 6901 eI ,seq.) ("RCRA -), Sate Drinking Water Act (42 1 fS.C.§§ 300f-j-26), Toxic
Substances Control Act (15 Itt.S.C. 2001 et yeci.), Clean Air Act (42 U.S.C. §§ 7401 el seq.),
the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§
9601 el seq.) ("CERCLA"y the Frilert,2,CIICy Planning and Community Right to Know Act, 42
U.S.C. §§ 11001 e1 seq. ("ITCR}V"), Ithe Michigan Natural Resources and Environmental
Protection Act (MCI § 324.101 et seq.) the administrative rules and regulations promulgated
under such statutes, or any other similar federal, state or local law or administrative rule or
regulation of similar effect. each as amended and as in effect and as adopted as of the date of
execution of this Lease.
B. 1 onant shall not generate. manufacture, refine, use, treat, store, handle,
transport, remove, dispose. transfer. produce or process Flazardous Substances on the Leased
Premises. For purposes of this I.ease, lazardous Substances - shall mean (I) any hazardous or
regulated substance as defined by Limiironmental 1,aws (ii) any other pollutant, contaminant,
/1,
hazardous substance, solid mtste. hazardous material, radioactive substance, toxic substance,
noxious substance, hazardous waste, particulate matter, airborne or otherwise, chemical waste,
medical waste, crude oil or any fraction thereof, radioactive waste, petroleum or petroleum-
derived substance or waste, asbestos. PCBs, radon gas, all forms of natural gas, or any
hazardous or toxic constituent of any of the foregoing, whether such substance is in liquid, solid
or gaseous form, or (111) MN such substance the release, discharge or spill of which requires
activity to achieve compliance wnli applicable law.
C. 'fenant shall itin iediately and promptly notify Landlord of any release,
discharge, spill or emission of Hazardous Substances on, to or from the Leased Premises, and
any complaint, summons, citation, notice, directive, order, claim, litigation, judicial or
administrative proceeding, inquiry a investigation judgment, letter or other communication
from any governmental agency, departtnent, bureau, office or other authority, or any third party
involving violations of Environmental 1...,aws with respect to the Leased Premises.
Assignment and Subletting: Tenant shall not assign, or in any manner encumber
this Isease, nor any part, right, or interest thereof, nor shall Tenant let or sublet or permit any part
of the Leased Premises to be used tiir occupied by others for any reason whatsoever, without
Landlord's advance written consent, whieh consent is discretionary in Landlord solely. Any
assignment, transfer, hypothecation, mortgage, or sub-letting without the prior wTitten consent of
Landlord shall give Landlord the right to tertninate this Lease and re-enter and repossess the
Leased Premises.
1 8. Default and Termination: If Tenant shall default in the payment of Rent when
due and shall not cure such default withia ten ( 10) days, or shall delimit in the performance of
any other covenant of this Lease and shall not cure such default within fifteen (15) days after
written notice from 1.,andlord specitying the default complained of (or. if such other default is of
a nature that it cannot be cured within a Li ['teen (15) day period, and thereafter proceed diligently
with the cure thereof) then in any such event landlord may ten -innate this Lease at any time
thereafter (before sucli default shall be cured) by giving written notice of the termination.
Upon termination of this 1,ease. andlord inay without further notice re-enter the Leased
Premises and dispossess Tenant or ime other occupant of the 1,eased Premises and remove its
effects and hold the I eased Premises a if this Lease had not been made, saving and reserving to
Landlord any other remedies which Landlord may have for the recovery of Rent or damages due
or to become due by virtue of this Lease or the breach thereof by Tenant. Should Landlord at
any time permit payments of Rent to be made after the time it is due, as stipulated herein, such
delays shall not be construed as any waiver by Landlord of its right to have the Rent for said
Leased Premises paid monthly in advance. ;\ ny failure at any time by either of the parties hereto
to enforce any of the provisions ol this lease shall not be construed as a waiver of such
provisions nor of such party's right to enforce the same upon any subsequent occasion or default.
19. Bankruptcy: IT Tenant shall tile a petition in voluntary bankruptcy or be
voluntarily or involuntarily adjudicated bankrupt or insolvent, or shall make an offer of
composition to its creditors, or shall make an assignment for the benefit of creditors, or shall file
a petition or answer seeking reorganization or readjustment under the federal bankruptcy laws or
any other law or statute of the U ited States or any state thereof, or if a receiver or trustee shall
be appointed for Tenant or :for all or a substantial part of the property of -lenant and Tenant is not
released from such receiver or trustee \\ Alin thirty (30) days after appointment, or if an order
shall be entered approving the reorganii ,,ation of Tenant or the readjustment of Tenant's debts or
obligations under the federal bank:u0:i.: ,ws or any other law or statute of the tlinted States or
any state thereof, then any of such .. lit- shall be deemed to be a breach, default and
anticipatory breach of this I ,ease. In an T such events and whenever and as often as any such
failure, default, breach or anticipatory broach shall occur, the term hereof, at the option of
Landlord, shall cease and determine Lind from thenceforth it shall be lawful for Landlord to
re-enter into and repossess the Leased Premises situated thereon and Tenant and each and every
occupant to remove and put out and to retet said Leased Premises for his own benefit; but
reserving to Landlord all such rights as he inay have for damages or otherwise because of said
delimit, breach or anticipatory breach of
20. Damages: In the c 11 ,n" ihe termination of this Lease under Paragraphs 18, 19
or any provons of law by reason ol lenant's default hereunder, Tenant shall pay Landlord as
damages sums equal to the Rent which would have been payable by Tenant had this Lease not so
terminated, payable On the days specified in Paragraph 4, until the expiration of the full Lease
Term hereby granted: provided, Mat laindlord shall have the duty to mitigate such damages by
reletting all or any part of the Leased Preinises during said period, and lundlord shalt credit
Tenant with the excess of the rents received from such reletting over the expenses of the
termination of the Lease and of the reletting, excluding arty redecoration costs.
21. Surrender of Le;.Led PrelitISCS: Upon the expiration of the Lease Term, Tenant
shall quit and surrender the Premkies to Landlord in good order and condition, ordinary
wear and damage excepted; and fetiant LThall remove all of its property and shall repair any
damage to the l,eased Premises or any of I .iindlord's property, real or personal, caused by such
remo V al.
27. Mechanics' [lens: Tenant shall pay ail costs for construction done by it Of caused
to he done by it on the Leased Premises 1:,; permitted by this I.,ease. Tenant shall keep the Leased
Premises, its improvements, and the land of ,,,vhich the Leased Premises are a part, free and clear
of all mechanics liens resulting from consirnetion done by or for Tenant.
2. Access to Leased di ennses: Landlord shall have the right to enter upon the
Leased Premises at all reasonable hours fOr the purpose of inspecting the Leased Premises,
preventing waste, loss, or destruction. removing obstructions, making such repairs or obligations
as are necessary to protect the Leased Premises, performing any of its duties and obligations
under the terms and conditions 0 .1' this 1..,ease or to enforce any of La.ndlord's rights or powers
under this Lease. During such entry by Landlord, the Tenant may require that its representative
be present, unless such entry is necessitated by the existence of an emergency situation requiring
prompt attention b:,,/ Landlord. or unless Tenant shall refuse such access after reasonable notice.
Except in the case ()fan emergency, Landlord shall give Tenant twenty-four (24) hours advance
notice as to the date and time of anv proposed inspections, and Tenant shall be entitled to have
an officer, director, or other employee of -rennin accompany Landlord during any such
inspection. The Landlord may .show [he Leased Premises to prospective Tenants at any time
during the last six (6) months of the Lease T.erm and during any period of default and/or
extension of the Lease Term,
74. Compliance: Tenant s1: I. at its own expense, under penalty of forfeiture and
damages, promptly comply wnh all lie orders, regulations or ordinances of all Municipal,
County, State, and Federal authoritie ,- :.1ncting use of the Leased Premises with respect to the
cleanliness, safety, occupation, and u:-:e
25. Challenge: Landlord, almougn presently unaware of any such non-compliance,
does not covenant that the Leased Premises are in compliance with applicable Municipal,
County, State, and Federal laws. including, but not limited to, lire, safety, handicap, barrier free,
zoning and use ordinances or laws and other governmental regulations relating to the use of the
facility for the purpose intended through this Lease.
26. liolding Over: Any holding Over by the Tenant after the expiration or termination
or this Lease, without the consent of Landlord, shall be construed to be a tenancy from month to
month and the Rent to he paid 1:w Tenant ;hail be at an amount equal to two (2) times the
monthly Rent required to be paid by Tel tint under Paragraph 4 hereof. Acceptance by Landlord
of such payments after such expiration or termination shall not constitute a renewal of this Lease.
This provision shall not operate as a waiver of Landlord's right to re-entry or any other right of
landlord, and Tenant shall be a Tenant at sufferance only during the period of any such holding
over without the consent of Landlord.
27. "Faxes and Special • If the Building or the Leased Premises are
placed on the tax assessment roils Iyaie : upon Tenant's usage, then any real estate taxes, personal
property taxes and/or special assessments assessed or levied against the Leased Premises during
the Lease Term shall be borne by lenant as additional Rent.
28. No Waiver: The failure of either pay to enforce any covenant or condition of
this Lease shall not he deemed a witiver thereof or of the right of either party to enforce each and
every covenant and condition of this Lease. No provision of this Lease shall be deemed to have
been waived unless such waiver he in writing.
29. Notices: All notices rCearding this Lease are to be in writing and delivered, or
mailed by first class mail postage paid, hy one party to the other party at the party's respective
address set forth in the preface oi this N...1,-cement. Notices which are mailed shall be deemed to
have been given as of the second business day following the date of mailing.
30. Fleirs and Assigns: The covenants, conditions and agreements contained in this
Lease shall bind and inure to the benefit of Liandlord and Tenant and their respective successors
and assigns, subject to the limitation on assignment as herein contained.
31 . Vacation or Abandonment: In the event Tenant shall abandon or vacate the
Leased Premises before the end of tile term. Landlord shall have the right and duty to relet the
Leased Premises for such rent and upon such terms as Landlord is able to obtain. In the event a
sufficient sum is not realized by such reletting. to pay to Landlord the equivalent of the rents
reserved to Landlord from Tenant inkier the provisions of this lease., Tenant promises and agrees
to pay to 1,andlord the amount of such deficiency each month during the balance of such term.
37. Condenmation: IF any part of the Leased Premises is taken for any public or
quasi-public purpose pursuant to any power of eminent domain. or by private sale in lieu of
- 7
eminent domain, either the Landlord or the Tenant may terminate this Lease, effective the date
the public authority takes possession. Ali damages for the condemnation of the Leased Premises,
or damages awarded because of the taking, shall be payable to the sole property of the Landlord.
33. (biet Lnjoyment: I andlord covenants and agrees with Tenant that upon Tenant
paying the Rent and observing md performing all the terms, covenants and conditions of
Tenant's part to be performed and obscinictl, Fe a u ihay peaceably and quietly enjoy the l,eased
Premises for the -full term hereof
34. Policies/Regulatiens: Tenant, including its agents, representatives, employees,
contractors, invitees, licensees „Ind snicients shall at all times comply with all School District
policies, procedures and regulations.
35. Extension: 'this Lease. miiv he extended by mutual written agreement of Landlord
and Tenant for subsequent one (1) year terms. Said extension shall commence on July -I or the
year of the extension and end the immeciiiue following year on June 30. If Tenant wishes to
extend this Lease, 'Eenant shall Idindlord n minimum of sixty (60) days advance written
notice of Tenant's desire to extend 0 Lease. provided however. Tenant acknowledges that
Landlord is under no obligation to extend this Lcase beyond the Lease Term and Tenant has not
expectation of a lease beyond June 30., 2012.
36. Termination: This Lease may he terminated by Landlord or Tenant at any time
and for any reason upon one hundred twenty (120) days advanced written notice to the other
party. Additionally, the Landlord reserves the right to terminate this Lease effective June 30,
2012, if' the Landlord, in its sole and ittisolute discretion, elects to close or sell the Building, or
re-allocate Landlord's usage of the Building to carry-out its educational programs. Landlord
agrees to notify 'Yenant by June I., 2012 if l,andlord elects to exercise its aforementioned right of
termination.
37. 1,Vliseellaneous Provisions: The following miscellaneous provisions for111. a part of
this I.ease:
'Hine is of Me essence of each provision of this Lease.
N. Rent and all oilier sums payable under this Lease must be paid in lawful
money of the United States of America.
C. The unernOrceability. invalidity, or illegality of any provision shall not
render the other provisions unenibrceable. illegal, or invalid.
D. This Lease shall be construed and interpreted in accordance with the laws
of the State of Michigan.
E. "this 1.,ease contains all of the agreements of the parties and cannot be
amended or modified except by a written agreement.
The captions of this I case shall have no effect on its interpretation.
IN WITNESS WHEREOF, the pw-tics have caused this Lease to be executed as of the
day and year first above written.
WIT NESSES: LANDI ORD:
WALLED LAKE CONSOLIDATED SCHOOL
DISTRICT
Hy:
Its:
WITNESSES: TENANT:
THE COUNTY OF OAKLAND
its:
FAIIIBIT A
(,r Leased Premises
ATTACHED
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666S59g.6 2 {925/0077S
Resolution #11257 October 20, 2011
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #11257) November 2, 2011
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND HEALTH — REQUEST FOR APPROVAL OF LEASE
AGREEMENT WITH WALLED LAKE CONSOLIDATED SCHOOL DISTRICT
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 resolution approves and authorizes a lease agreement between the County of Oakland and the Walled
Lake Consolidated School District for the lease of 720 square feet of office space and common areas located
at 615 North Pontiac Trail, Walled Lake, Michigan.
2. The lease agreement is for an 18-month term, which shall commence upon the execution of the lease
agreement by the parties, terminating on June 30, 2013. The agreement may be extended on a year-to-year
basis upon mutual written agreement of the parties.
3. The cost of the lease is $720 per month, or $8,640 annually, and includes all building maintenance, custodial
services, and utilities.
4. The FY 2012 cost is $7,920 based on the lease months of November 2011 through September 2012.
5. The County of Oakland has the right to cancel this lease for any reason upon one hundred twenty (120) days
advance written notice to Walled Lake Consolidated School District with no penalty.
6. To cover the rent expense, prior year Fund Balance will be used,
7. The FY 2012, FY 2013, and FY 2014 budgets are amended as follows:
FY2012 FY2013 FY2014
Budget Budget Budget
NON-DEPARTMENTAL OPERATIONS (#10100)
Revenues:
9010101-196030-665882 Planned Use of Balance
Total Revenues
Expenses:
9010101-196030-788001-28553 Transfer Out to Health WIC Fund
Total Expenses
$ 7,920 $ 8,640 $8,640
$ 7,920 $_8,640 $8,640
$ 7,920 $ 8,640 $8,640
$ 7$20 $ 8,640 $8,640
HEALTH WIC FUND (#28553)
Revenues:
1060284-133270-695500-10100 Transfer In from Non Departmental Operations $ 7,920 $ 8,640
$8,640
Total Revenues $ 7 920 $ 8,640
$8,640
Expenses:
1060284-133270-731626 Rent $ 7,920 $ 8,640
$_8,640
Total Expenses $ 7,920 $ 8,640
$8,640
FINANCE COMMITTEE
FINANCE COMMITTEE:
Motion carried unanimously on a roll call vote.
Resolution #11257 November 2, 2011
Moved by Potts supported by Woodward the resolution (with fiscal note attached) be adopted.
Moved by Potts supported by McGillivray the Finance Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Vote on resolution:
AYES: Greimel, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Nuccio,
Potts, Quarles, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Covey, Dwyer,
Gershenson, Gingell, Gosselin. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
I HEREBY APPROVE THEIOREGOING RESOLUTION
/1/7/il
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 November
2, 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 2 nd day of November, 2011.
Bill Bullard Jr., Oakland County