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HomeMy WebLinkAboutResolutions - 2012.04.18 - 20177MISCELLANEOUS RESOLUTION #12099 April 18, 2012 BY: Planning and Building Committee, David Potts, Chairperson IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND THE SHERIFF'S OFFICE - APPROVAL AND ACCEPTANCE OF FIRST AMENDMENT TO LEASE FOR SHERIFF'S DEPARTMENT STORAGE FACILITY, 5782 TEREX AVE., SUITES A & B, CLARKSTON, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Oakland County Sheriff's Office is in possession of various pieces of specialized mobile law enforcement equipment; and WHEREAS, pursuant to a Lease Agreement authorized via Miscellaneous Resolution No. 10060 the Sheriff's Department presently stores said specialized law enforcement equipment in an industrial building located at 5782 Terex Ave. suites A and B in Springfield Township; and WHEREAS, pursuant to Assignment of Sheriff's Deeds recorded in Liber 43766, Page 581 and Liber 43818, Page 804, Oakland County records MICB-BAH RE Holdings I, LLC, a Michigan Limited Liability Company has acquired ownership of the property known as 5782 Terex Ave., Suites A and B via foreclosure; and WHEREAS, in order for the Sheriff's Department to continue to occupy the property and continue to pay rent to the new owner of the property located at 5782 Terex Ave., Suites A and B, the parties have agreed to enter into the attached First Amendment to Lease; and WHEREAS, it is the recommendation of the Departments of Facilities Management and the Sheriff's Office that the Oakland County Board of Commissioners accepts and approves the terms and conditions of the attached First Amendment to Lease: and WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached First Amendment to Lease. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached First Amendment to Lease for use of Suites A & B at 5782 Terex Ave., Clarkston, Michigan between the County of Oakland and MICB-BAH RE Holdings I, LLC. RE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its Chairperson or his designee to execute the attached First Amendment to Lease and all other related documents between the County of Oakland and MICB-BAH RE Holdings I, LLC, 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 unanimously on a roll call vote with Crawford, Nuccio and Jackson absent. FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE ("First Amendment") is made March 3, 2012, by and between MICB-BAH RE Holdings I, LLC, a Michigan limited liability company, whose address is 200 N. Washington Square, Lansing, MI 48933 ("Landlord") and the County of Oakland, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, MI 48341 ("Tenant"). RECITALS A. Tenant entered into a lease dated April 1, 2010 ("Lease") with Richard Detkowski for certain real property, a one-third portion of the industrial/warehouse building located in an industrial park at 5782, Ste A and B. Terex Ave., Springfield Township, Michigan containing 6,022 square feet ("Premises"). B. Landlord acquired title to the Property via Sheriffs Sale after the expiration of the redemption period on March 2, 2012 and is the successor in interest to the Lease. C. Landlord will be substituted in place of lessor detailed in the Lease, that being Richard Detkowski ("Prior Owner"). D. Both Landlord and Tenant now desire to amend that Lease, as evidenced by this First Amendment, and all other terms and conditions remain in full force and effect. NOW THEREFORE, for valuable consideration the adequacy. and sufficiency of which each. party hereto acknowledges Seller and Buyer agree as follows: 1. That all notices required under the Lease shall be in writin.g and addressed to: Landlord: Tenant: MICB-BAH RE Holdings I, LLC County of Oakland Ann: Brian Lum . Attn: 200 N. Washington Square 1200 North Telegraph Road Lansing, MI 48933 Pontiac, Ml 48341 2. That all rent payments shall be made payable to MICB-BAH RE Holdings 1, LLC and sent to Brian Lum at the address above. 3. That both Landlord and Tenant shall have the right to cancel or terminate the Lease upon ninety (90) days written notice to the other party for any reason. 4. That Landlord will maintain Insurance policies with coverages and limits acceptable to Landlord. 5. That all other terms and conditions of the Lease are hereby adopted and reaffirmed by .Landlord turd Tenant. 6. That should any term or condition of the Lease conflict with any term or condition of this First Amendment, then such term or condition of this First Amendment shall control the conduct of the parties hereto. IN 'WIT-NESS WHEREOF, the undersigned have executed this First Amendment as of the day and year first written above. Landlord: MICB-BAH RE Holdings, LLC Tenant: County of Oakland By: Karen Willis Its: Manager By: Resolution #12099 April 18, 2012 The Chairperson referred the resolution to the Finance Committee. There were no objections.