HomeMy WebLinkAboutResolutions - 2012.05.02 - 20198MISCELLANEOUS 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 levy/ 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.
BE 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 MIC13-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 buildim4
located in an industrial park at 5782, Ste !:%, arid B, Terea Ave., Sprinvfield
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 writing and addressed to:
Landlord: Tenant:
M1CB-BAH RE Holdings I. LLC County of Oakland
Attn: Brian Lum Attn:
200 N. Washington Square 1200 North Telegraph Road
Lansing, MI 48933 Pontiac, MI 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 and Tenant,
6. 1hat should any term 01 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 WITNESS 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 By:
Its: Manager its:
Resolution #12099 April 18, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #12099) May 2, 2012
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT 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 .
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
1. The Sheriff's Office seeks to amend the lease agreement to continue leasing the
storage facility, which was transferred to a new owner and landlord, MICB-BAH
RE Holdings I, LLC, a Michigan Limited Liability Company which acquired
ownership of the two units of the industrial facility located at 5782 Terex Ave.,
Springfield Township, MI through foreclosure.
2. The lease of this facility is to store specialized mobile law enforcement
equipment.
3. The Sheriff's Office and Facilities Management, with the assistance of Oakland
County Corporation Counsel, have negotiated the terms of this lease agreement
amendment.
4. This lease amendment continues the previously negotiated terms of the lease
agreement which was effective May 1, 2010 for a period of three (3) years at a
lease rate of $2,700 per month or $32,400 per year, with an option for an
additional three year extension at $2,800 per month.
5. This amendment does not affect current funding appropriated under the Sheriff's
Rent line-item in the FY 2012 Budget for this lease agreement, and therefore, no
budget amendment is recommended.
6. The FY 2013 — FY 2015 Budget for Rent will be reviewed and adjusted
accordingly during the budget process.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #12099 May 2, 2012
Moved by Long supported by Woodward the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert, Woodward, Zack,
Bosnic, Covey. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying report accepted).
I HEREBY fiNROVE THE FOREGOING BEMOAN
URSUANT TO 1913 PA 139
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 May 2,
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 2nd day of May, 2012.
R,LEL
Bill Bullard Jr., Oakland County