HomeMy WebLinkAboutResolutions - 2012.01.19 - 19001MISCELLANEOUS RESOLUTION #11314 December 15, 2011
BY: Planning and Building Committee, David Potts, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR APPROVAL OF
FOURTH LEASE AMENDMENT WITH OAKLAND COUNTY CREDIT UNION, BUILDING 51
WEST
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of the Oakland County Service Center
Campus located at 1200 North Telegraph Road, Pontiac, Michigan; and
WHEREAS, the Oakland County Credit Union (OCCU) has been servicing the financial
needs of County employees and its other members from its present location in Building 51 West
since 1965; and
WHEREAS, the existing 7233 square foot building on the Oakland County Service
Center Campus is owned by the OCCU; and
WHEREAS, County Administration supports the continued presence of the OCCU on
campus; and
WHEREAS, the OCCU currently has a lease in effect until 2028 and is planning to make
several renovations to the interior and exterior of the facility; and
WHEREAS, because the cost of the renovations will not be inconsequential, the OCCU
would like to extend the lease term to June 28, 2051; and
WHEREAS, the Lease may be renewed or amended only by a new written agreement,
upon such terms and conditions as negotiated by the County and the OCCU at that time; and
WHEREAS, under the terms and conditions of the attached Amendment, the OCCU
shall obtain and maintain proper insurance coverages as decided by Risk Management for the
duration of the lease; and
WHEREAS, under the terms and conditions of the original Lease and previous
Amendments, all improvements or alterations to the building and grounds are be made at the
sole cost and expense of the OCCU; and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have
reviewed prppR-pri all necessary documents related to the attached Fourth Lease
Amendment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves and authorizes the attached Fourth Lease Amendment between the County of
Oakland and the Oakland County Credit Union (OCCU);
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby
directs its Chairperson or his designee to execute the attached Fourth Lease Amendment and all
other related documents between the County of Oakland and the OCCU which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried on a roll call vote with Runestad and Potts voting no.
FOURTH LEASE AMENDMENT
BETWEEN
THE COUNTY OF OAKLAND AND
THE OAKLAND COUNTY CREDIT UNION
This Fourth Lease Amendment (4th Amendment) is entered into this day of
, 20 , between the County of Oakland, a municipal and Constitutional
Corporation located at 1200 North Telegraph Road, Pontiac, MI 48341 (Landlord) and the Oakland
County Credit Union, a Michigan Corporation, 1220 County Center Drive West, Waterford, MI
48328 [WE NEED TO DOUBLE CHECK THE CREDIT UNION'S CORPORATE
ADDRESS] (Tenant).
BACKGROUND
A. The Parties entered into a lease dated June 20, 1965, amended September 23, 1971, amended
April 17, 1986, and amended October 27, 1988 (collectively referred to as "Lease"). These
documents arc attached as Exhibit A.
B. Tenant desires to make renovations to the exterior and interior of the building, owned by Tenant,
located on Landlord's property.
C. Due to the costs associated with the renovations, Tenant has requested to extend the term of the
Lease.
D. Landlord grants Tenants request to extend the term of the Lease.
E. In consideration of the mutual covenants contained herein, the Parties agree to amend the Lease as
follows:
4th AMENDMENT
§1. Term. The term of the Lease shall be extended to and expire on June 28, 2051.
§2. Insurance. At all times during this Lease, Tenant shall obtain and maintain the insurance
coverages as required in writing by the Landlord's Department of Risk Management or its
successor department. Landlord, through its Department of Risk Management or its successor
department, shall provide written notice to Tenant of the insurance coverages which it requires.
Landlord, through the Department of Risk Management or its successor department, may change
the insurance coverages which it requires every three (3) years or if Tenant makes additions or
alternations, costing more than one hundred thousand dollars ($100,000.00), to its building
located on the leased property.
§3. Notices. All notices, requests, demands, and other communications required by the Lease shall
be in writing and shall be deemed given if personally delivered or mailed, certified mail, return
receipt requested, to the following addresses:
To Landlord: Oakland County Board of Commissioners
1200 North Telegraph
Pontiac, MI 48341
Page 1 of 3
4th Lease Amendment
(11-10-11)
and
Oakland County Department of Facilities Management
Attention: Property Manager
1 Public Work Drive
Waterford, MI 48328
To Tenant: [insert notice person]
§4. All other terms and conditions of the Lease shall continue with full force and effect, except
as modified herein.
§5. This 4th Amendment and the terms and conditions of the Lease. attached as Exhibit A and
incorporated by reference, constitute the entire agreement and understanding between
Landlord and Tenant and supersedes any and all other prior oral or written understandings,
communications, or agreements between Landlord and Tenant.
IN WITNESS WHEREOF, hereby acknowledges that s/he has been
authorized by the County of Oakland to execute this 4 th Amendment on its behalf of Landlord.
LANDLORD: COUNTY OF OAKLAND
By:
Date:
WITNESS:
By:
Date:
Subscribed and sworn to before me on the day of , 20 .
Notary Public,
Oakland County, Michigan
My Commission Expires:
Acting in the County Oakland
Page 2 of 3
4th Lease Amendment
(11-10-11)
IN WITNESS VVBEREOF, hereby acknowledges that
s/he has been authorized by the Oakland County Credit Union to execute this 4 th Amendment on its
behalf of Tenant.
1ENANT: OAKLAND COUNTY CREDIT UNION
By:
Date:
WITNESS:
BY:
Date:
Subscribed and sworn to before me on the day of , 20 .
Notary Public
Oakland County, Michigan
My Commission Expires:
Acting in the County of Oakland
Page 3 of 3
4th Lease Amendment
(11-10-11)
Resolution #11314 December 15, 2011
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #11314) January 12, 2012
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR APPROVAL OF
FOURTH LEASE AGREEMENT WITH OAKLAND COUNTY CREDIT UNION, BUILDING 51
WEST
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 Fourth Lease Agreement between the
County of Oakland and the Oakland County Credit Union (OCCU) regarding
Building 51 West located on the Oakland County Service Center.
2. The OCCU is planning to make several renovations to the interior and exterior of
the facility, which is owned by the OCCU.
3. Due to the costs associated with the renovations, the OCCU has requested the
current lease be extended from 2028 to June 28, 2051. The lease agreement
calls for a $1 annual payment.
4. The OCCU will obtain and maintain proper insurance coverage as determined by
Risk Management for the duration of the lease.
5. All improvements or alterations to the building and grounds will be the sole
expense of the OCCU.
6. Oakland County will continue to provide designated services and utilities for the
building and will continue to be reimbursed for same by the OCCU.
7. No budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried on a roll call vote with Potts voting no and
Greimel absent.
Resolution #11314 January 19, 2012
Moved by Potts supported by Woodward the resolution (with fiscal note attached) be adopted.
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long,
Matis, McGillivray, Middleton, Nash, Nuccio, Quarles, Taub, Weipert, Woodward, Zack,
Covey. (20)
NAYS: Potts, Runestad, Scott, Bosnic. (4)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
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 January
19, 2012, 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 19th day of January, 2012.
R,L.UL el,324,„1 69,1,
Bill Bullard Jr., Oakland County