HomeMy WebLinkAboutResolutions - 2012.03.07 - 20023MISCELLANEOUS RESOLUTION #12051
BY: PLANNING AND BUILDING COMMITTEE, DAVID W. POTTS, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION — SECOND AMENDMENT TO LEASE WITH E.A.
FULLER OAK MANAGEMENT CORPORATION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the County and E.A. Fuller Oak Management Corporation ("Oak Management")
entered into a lease dated December 14, 2006 (MR #06245) and amended January 1, 2008 ("Lease") for
food and beverages services for Oakland County Parks and Recreation Commission ("OCPRC") facilities;
and
WHEREAS the Lease provides for an expiration on December 31, 2015; and
WHEREAS in August 2011 Oak Management requested that the County release a request for
proposal for some of the food and beverages services provided to OCPRC under the Lease to be
effective prior to the expiration of the Lease; and
WHEREAS OCPRC, through the County Purchasing Division, released a request for proposal in
December 2011 for food and beverages services at the following OCPRC facilities:
Addison Oaks Concession Stand
Springfield Oaks Golf Clubhouse
Waterford Oaks Wave Pool Concession Stand
Red Oaks Wave Pool Concession Stand
Groveland Oaks Concession Stand; and
WHEREAS the Lease between the County and Oak Management must be amended to take into
consideration that award will be made, pursuant to the Purchasing Division Policies and Procedures, for
the food and beverage services at the above-listed OCPRC facilities; and
WHEREAS on January 1, 2013, Oak Management and OCPRC desire to discontinue catering
services to all OCPRC facilities under the Lease, except for Addison Oaks Conference Center, White
Lake Oaks, Lyon Oaks Golf Clubhouse, and Glen Oaks Golf Clubhouse; and
WHEREAS OCPRC, through the County Purchasing Division, intends to release a request for
proposal in the second or third quarter of 2012 for catering services at all OCPRC facilities, except
Addison Oaks Conference Center, White Lake Oaks, Lyon Oaks Golf Clubhouse, and Glen Oaks Golf
Clubhouse; and
WHEREAS Oak Management and OCPRC desire to discontinue vending services to all OCPRC
facilities under the Lease upon execution of the Second Amendment; and
WHEREAS in order to give effect to the actions stated above, it will be necessary to amend the
Lease as set forth in the attached Second Amendment; and
WHEREAS OCPRC staff and the Department of Corporation Counsel have prepared and
reviewed all necessary documents related to the attached Second Amendment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Second Amendment to the Lease between the County and Oak
Management.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs
its Chairperson or his designee to execute the attached Second Amendment and all other related
documents between the County and Oak Management.
Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing
Resolution.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
AYES: Weipert, Nash, Gosselin, Runestad, Crawford, Nuccio, Jackson, McGillivray (8)
NAYS: Woodward, Potts (2)
Motion carried on a roll call vote.
Motion for direct referral to the Finance Committee carried on a voice vote.
RESOLUTION
WHEREAS the County and E.A. Fuller Oak Management Corporation ("Oak
Management") entered into a lease dated December 14, 2006 (MR # 06245) and amended
January 1, 2008 ("Lease") for food and beverages services for Oakland County Parks and
Recreation Commission ("OCPRC") facilities; and
WHEREAS the Lease provides for an expiration on December 31, 2015; and
WHEREAS in August 2011 Oak Management requested that the County release a
request for proposal for some of the food and beverages services provided to OCPRC under the
Lease to be effective prior to the expiration of the Lease; and
WHEREAS OCPRC, through the County Purchasing Division, released a request for
proposal in December 2011 for food and beverages services at the following OCPRC facilities:
Addison Oaks Concession Stand
Springfield Oaks Golf Clubhouse
Waterford Oaks Wave Pool Concession Stand
Red Oaks Wave Pool Concession Stand
Groveland Oaks Concession Stand; and
WHEREAS the Lease between the County and Oak Management must be amended to
take into consideration that award will be made, pursuant to the Purchasing Division Policies
and Procedures, for the food and beverage services at the above-listed OCPRC facilities; and
WHEREAS on January 1, 2013, Oak Management and OCPRC desire to discontinue
catering services to all OCPRC facilities under the Lease, except for Addison Oaks Conference
Center, White Lake Oaks, Lyon Oaks Golf Clubhouse, and Glen Oaks Golf Clubhouse; and
WHEREAS OCPRC, through the County Purchasing Division, intends to release a
request for proposals in the second or third quarter of 2012 for catering services at all OCPRC
facilities, except Addison Oaks Conference Center, White Lake Oaks, Lyon Oaks Golf
Clubhouse, and Glen Oaks Golf Clubhouse; and
WHEREAS Oak Management and OCPRC desire to discontinue vending services to all
OCPRC facilities under the Lease upon execution of the Second Amendment; and
WHEREAS in order to give effect to the actions stated above, it will be necessary to
amend the Lease as set forth in the attached Second Amendment; and
WHEREAS OCPRC staff and the Department of Corporation Counsel have prepared
and reviewed all necessary documents related to the attached Second Amendment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation
Commission recommends that the Oakland County Board of Commissioners hereby approve
and authorize the attached Second Amendment to the Lease between the County and Oak
Management.
Moved by Mr. McCulloch
Supported by Mr. Wilson
Date: February 15, 2012
SECOND LEASE AMENDMENT
BETWEEN
THE COUNTY OF OAKLAND AND
E.A. FULLER OAK MANAGEMENT CORPORATION
This Second Lease Amendment (Amendment) is entered into this day of
, 20 , ("effective date") between the County of Oakland, a municipal and
Constitutional Corporation located at 1200 North Telegraph Roal, Pontiac, MI 48341 (Lessor), on
behalf of the Oakland County Parks and Recreation Commission ("Parks") and E.A. Fuller Oak
Management Corporation, a Michigan Corporation located at Addison Oaks Conference Center, 1480
W. Romeo Road, Leonard, MI 48367 (Lessee).
BACKGROUND
A. The Parties entered into a lease dated December 14, 2006 and amended January I, 2008
(collectively referred to as "Lease"). These documents are attached as Exhibit A.
B. Lessor and Lessee mutually desire to amend the Lease to modify the food and beverage services
that Lessee provides under that Lease.
C. In consideration of the mutual covenants contained herein, the Parties agree to amend the Lease as
follows:
AMENDMENT
Upon the effective date in the first paragraph of this Amendment, the Lease shall be
amended to eliminate the following services provided by Lessee under the Lease: (1) all
vending services at all Parks facilities; and (2) all food and beverage services for Red Oaks
Wave Pool Concession Stand, Waterford Oaks Wave Pool Concession Stand; Addison
Oaks Concession Stand, Groveland Oaks Concession Stand, and Springfield Oaks Golf
Clubhouse.
§2. Together, the Parties completed an inventory of the following Parks facilities to determine
who owns what personal property located there: Red Oaks Wave Pool Concession Stand,
Waterford Oaks Wave Pool Concession Stand; Addison Oaks Concession Stand,
Groveland Oaks Concession Stand, and Springfield Oaks Golf Clubhouse. Exhibit Ito this
Amendment sets forth who owns what personal property located at the above-listed
facilities. If the personal property is not set forth in Exhibit I, then the personal property
belongs to Lessor. For purposes of this Amendment personal property means all items,
equipment, appliances, and machinery which is not considered real property. All real
property belongs to Lessor. Lessee shall remove its personal property at the above-listed
facilities within seven (7) days of the effective date of this Amendment or such personal
property shall become the property of the Lessor.
§3. On January 1, 2013, the Lease shall be amended to eliminate the following service
provided by Lessee under the Lease: catering services at all Parks facilities, except
Addison Oaks Conference Center, White Lake Oaks, Lyon Oaks Golf Clubhouse, and
Glen Oaks Golf Clubhouse.
Page 1 of 4
2nd Lease Amendment
§1 .
§4. Effective immediately. Lessee agrees to be removed as a co-license from the liquor license
for Springfield Oaks Golf Clubhouse and shall sign all documentation to effectuate this
removal and to relinquish all right and title to such license.
§5. As of the effective date of this Amendment, Lessee warrants that it has made or will make
all gross sale payments to Lessor, required by the Lease, which relate to the facilities listed
in Section 2.
§6. As of the effective date for vending and concession services specified in Section 1, and as of
January 1, 2013 with regard to the catering services specified in Section 3, Lessee releases
Lessor and its officers, directors, commissioners, employees, and agents from any and all
actions, causes of action, claims, demands, costs, expenses and damages (including but not
limited to loss of service and loss of compensation) which relate to or are associated with the
elimination of vending services, concession services, or catering services modified herein.
§7. 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 Lessor: Oakland County Board of Commissioners
1200 North Telegraph
Pontiac, MI 48341
and
To Lessee:
Oakland County Parks and Recreation Commission
Attention: Executive Officer
2800 Watkins Lake Road, Building 97 W
Waterford, MI 48328
Oak Management Corporation
ATTN: Janet Lekas, Vice President/CFO
Addison Oaks Conference Center
1480 West Romeo Road
Leonard, M1 48367
§8. As of the effective date for vending and concession services specified in Section 1, and as
of January 1, 2013 with regard to the catering services specified in Section 3, Lessee
acknowledges that it has no right, title or interest, including but not limited to possession
or a leasehold interest, in the facilities listed in Section 2 or real property surrounding
those facilities or any portion thereof. Lessee will not claim title to such facilities or real
property.
§9. All other terms and conditions of the Lease shall continue with full force and effect, except
as modified herein.
§10. This Amendment and the terms and conditions of the Lease, incorporated by reference,
constitute the entire agreement and understanding between Lessor and Lessee and
supersedes any and all other prior oral or written understandings, communications, or
agreements between Lessor and Lessee.
Page 2 of 4
2nd Lease Amendment
IN WITNESS WHEREOF, hereby acknowledges that he has been
authorized by the County of Oakland to execute this Amendment on behalf of Lessor.
LESSOR: COUNTY OF OAKLAND
By:
Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
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
IN WITNESS WHEREOF, hereby acknowledges that
s/he has been authorized by Lessee to execute this Amendment on behalf of Lessee.
LESSEE: E.A. FULLER OAK
MANAGEMENT CORPORATION
By:
Name:
Title:
Date:
WITNESS:
BY:
Date:
Page 3 of 4
2nd Lease Amendment
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 4 of 4
2'd Lease Amendment
FISCAL NOTE (MISC. #12051) March 7,2012
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PARKS AND RECREATION COMMISSION — SECOND AMENDMENT TO LEASE WITH E.A.
FULLER OAK MANAGEMENT CORPORATION
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 and E.A. Fuller Oak Management Corporation ("Oak Management") entered into
a lease dated December 14, 2006 and amended January 1, 2008 for food and beverages
services for Oakland County Parks and Recreation Commission.
2. The lease provides for expiration on December 31, 2015.
3. Through the County's Purchasing Division, Parks released a request for food and beverage
services at the following Park facilities; Addison Oaks concession stand, Springfield Oaks
golf clubhouse, Waterford Oaks wave pool concession stand, Red Oaks wave pool
concession stand, and Groveland Oaks concession stand.
4. On January 1, 2013, Oak Management and Parks desire to discontinue catering services to
all Park facilities under the lease , except for: Addison Oaks Conference (-enter, White Lake
Oaks, Lyon Oaks Golf Clubhouse, and Glen Oaks Golf Clubhouse.
5. The lease between the County and Oak Management must be amended to take into
consideration that award will be made, pursuant to the Purchasing Division Policies and
Procedures.
6. Oak Management and the Parks and Recreation Commission desire to discontinue vending
services to all Park facilities under the lease upon execution of the second amendment.
7. The Department of Corporation Counsel has prepared and reviewed all necessary
documents related to the attached second amendment.
8. The FY2012 budget is amended, as shown below:
PARKS AND RECREATION FUND #50800
FY2012
Revenue: Amendment
5060330-160010-630308 Springfield Oaks - Commission Food Services $523
5060720-160070-630308 Groveland Oaks - Commission Food Services (7,545)
5060831-160210-630308 Red Oaks - Commission Food Services 6,307
5060837-160210-630308 Waterford Oaks - Commission Food Services 3,375
Total Revenue $2,660
Expense:
5060201-160000-730759 Contingency $2 ,660
Total Expense $2,660
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried on a roll call vote 6-5:
Ayes: Long, Runestad, Crawford, Dwyer, Taub, Middleton
Nays: Woodward, Potts, Zack, Greimel, Quarles
Resolution #12051 March 7, 2012
Moved by Potts supported by Covey the resolution (with fiscal note attached) be adopted.
AYES: Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash,
Nuccio, Potts, Quarles, Runestad, Scott, Taub, Weipert, Bosnic, Covey, Crawford, Dwyer. (21)
NAYS: Woodward, Zack, Gershenson. (3)
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 March 7,
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 7th day of March, 2012.
13,LLE p.
Bill Bullard Jr., Oakland County