HomeMy WebLinkAboutResolutions - 2012.06.07 - 20252MISCELLANEOUS RESOLUTION #121 43 May 17, 2012
BY: PLANNING AND BUILDING COMMITTEE, DAVID POTTS, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION — ADDISON OAKS-
PHILABAUM LEASE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of Addison Oaks County Park; and
WHEREAS, a 1600-square foot house, identified as 1480 W. Romeo Road, Leonard, MI 48367,
is located on the grounds of Addison Oaks County Park; and
WHEREAS, it is the desire of the Oakland County Parks and Recreation Commission to lease
said house located at 1480 W. Romeo Road, Leonard, MI 48367 to Ken Philabaum for a period
commencing May 1,2012, through December 31, 2017; and
WHEREAS, under the terms and conditions of the attached Lease Agreement Ken Philabaum
will pay rent as follows:
May 1, 2012— December 31, 2012
January 1, 2013 — December 31, 2013
January 1, 2014 — December 31, 2014
January 1, 2015 — December 31, 2015
January 1, 2016 — December 31, 2016
January 1, 2017 — December 31, 2017
each month and pay all utility costs; and
$595.00 per month
$607.00 per month
$619.00 per month
$631.00 per month
$644.00 per month
$657.00 per month
WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed
and/or prepared all necessary documents related to the attached lease agreement; and
WHEREAS, it is the recommendation of the Oakland County Parks and Recreation Commission
and the Department of Facilities Management that the Oakland County Board of Commissioners accepts
and approves the terms and conditions of 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 and Ken
Philabaum.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County
Parks and Recreation Rental House Revenue fund line item.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs
its Chairperson or his designee to execute the attached Lease Agreement and all other related
documents between the County of Oakland and Ken Philabaum, 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 Nuccio absent.
RESIDENTIAL LEASE AGREEMENT
NOTICE: MICHIGAN LAW ESTABLISHES RIGHTS AND OBLIGATIONS FOR PARTIES
TO RENTAL AGREEMENTS. THIS AGREEMENT IS REQUIRED TO COMPLY WITH
THE TRUTH IN RENTING ACT. IF YOU HAVE A QUESTION ABOUT THE
INTERPRETATION OR LEGALITY OF A PROVISION OF THIS AGREEMENT, YOU
MAY WANT TO SEEK ASSISTANCE FROM A LAWYER OR OTHER QUALIFIED
PERSON.
This Lease Agreement ("Lease") is entered into on May 1,2012, between the County of
Oakland. 1200 North Telegraph, Pontiac, MI 48341 ("Landlord") and Ken Philabaum, 1480 W
Romeo Road, Leonard, MI 48367 ("Tenant") according to the terms and conditions set forth
below.
Premises. The Tenant leases from landlord the real property located at 1480 W. Romeo
Road, Leonard, MI 48367 ("Premises"), together with any furnishings, fixtures, personal
property, and appurtenances furnished by Landlord for Tenant's use.
2. Term. The term of this Lease shall be for five (5) years, beginning on May 1, 2012 and
ending on December 30, 2017. References in this Lease to the term of the Lease shall
include any renewal term(s). Tenant shall receive possession of the Premises upon
execution of the Lease.
3. Tenant Monetary Obligations.
3.1. Tenant shall pay Landlord the following rent on or before the first day of each
month during the term of this Lease:
May 1, 2012 — December 31, 2012 $595.00 per month
January 1, 2013 — December 31, 2013 $607.00 per month
January 1,2014 — December 31, 2014 $619.00 per month
January 1, 2015 — December 31, 2015 $631.00 per month
January 1,2016 — December 31, 2016 $644.00 per month
January 1, 2017— December 31, 2017 $657.00 per month
3.2. The rent shall be paid by check or money order made payable to the Landlord and
sent to the following address: Oakland County Parks and Recreation, 2800
Watkins Lake Road, Waterford, Michigan 48328 or another address designated by
Landlord in writing.
3.3. Tenant shall pay the first monthly installment when Tenant executes this Lease. •
The first monthly installment shall be pro-rated for such month, if the Lease is
executed on another day than the first day of the month.
Addison Oaks Residential Lease - Philabaum.doc —2012-05-01
3.4. Tenant shall pay Landlord a late fee of $25 for each monthly installment not
received by Landlord within five days of its due date. This increase shall be
considered additional rent and shall compensate Landlord for costs incurred
because of late payments. Landlord's right to collect this additional rent shall be
in addition to Landlord's right to take action under other provisions of this Lease
for Tenant's default in paying rent. The Tenant shall pay all additional rent to
Landlord promptly after the due date of the delinquent installment. All rent paid
after the due date and payments to cover checks that have been returned for
insufficient funds must be paid at the place designated for payment, by cashier's
check, certified check, or money order.
3.5. During the term of this Lease, the Tenant shall procure and maintain
comprehensive personal liability or tenant's form insurance coverage in the
minimum amount of One Hundred Thousand Dollars ($100,000.00). The Tenant
shall also provide the Landlord with a certificate of insurance coverage listing the
County of Oakland and its employees, officers, and elected and appointed
officials as additional insureds.
4. Use of Premises.
4.1, The Tenant shall use the Premises for private residential purposes only. No
persons other than the following listed person(s) shall occupy the Premises for
more than fourteen (14) days during the term of this Lease without the prior
written approval of the Landlord: Ken Philabaum, Nikole Philabaum, and Richard
Philabaum.
4.2. Tenant shall not do any of the following or allow another person to do any of the
following:
4.2.1 Create any excessive noise or public nuisance;
4.2.2 Do anything to the Premises or its surroundings that may be hazardous or
that will cause Landlord's insurance to be cancelled or premiums to
increase;
4.2.3 Deface or damage any part of the Premises;
4.2.4 Change the locks or install any additional locks or bolts without
Landlord's prior written consent;
4.2.5 Place a waterbed or other heavy article on the Premises without
Landlord's prior written consent;
4.2.6 Install any equipment or appliances that, in Landlord's opinion, would
cause an unsafe conditions on or around the Premises;
4.2.7 Accumulate refuse on or around the Premises that might pose a health
hazard to Tenant or to Tenant's neighbors;
4.2.8 Permit any flammable liquids or explosives to be kept on or around the
Premises; and
4.2.9 Bring any animals on the Premises without Landlord's prior written
consent.
Addison Oaks Residential Lease - Philabaum.doc -- 2012-05-01
4.3 Tenant Duties.
4.3.1 To the extent permitted by law, the Tenant shall secure and protect the
Park Property and facilities therein, especially during "Park Closed" hours.
This shall include contacting and coordinating with police, fire or other
agencies as may be required and the preparation of an Unusual Incident
Report as required by the Landlord.
4.3.2 The Tenant shall arrange for emergency repair and maintenance services
for Park Property and facilities as needed.
4.3.3 The Tenant shall make reports to the Park Supervisor or other entity as
may be required by the Landlord.
5. Use of Illegal Substances. Tenant shall not violate or knowingly allow another person to
violate federal, state, or local laws regarding the use of controlled substances or the use
of alcohol by minors in or around the Premises. When aware of a violation of this
section. Landlord will file a formal police report.
6. Condition of Premises.
6.1. Tenant acknowledges that no representations about the condition of the Premises
or promises to alter or to improve the Premises before or during the term of the
Lease have been made except as stated in the Lease.
6.2. Tenants shall return the Premises to the Landlord in the same condition as they
were upon commencement of this Lease, including cleanliness, normal wear and
tear excepted.
7 Maintenance, Repairs. and Damage to Premises.
7,1 . Throughout the term of the Lease, Tenant shall maintain the Premises in good
condition and shall allow no waste of the Premises or any utilities. Tenant shall
be liable for any damage to the Premises or to Landlord's other property that is
caused by the acts or omissions of Tenant or Tenant's guests. Tenant shall pay,
on Landlord's demand, to replace any broken window glass on the Premises or
any lost or broken keys.
7.2. Landlord shall be responsible for snow removal and lawn services for the
Premises.
7.3. Landlord shall provide repair and maintenance for the Premises. Tenant shall
notify Landlord when there is a need for repairs to the Premises.
7.4. Landlord shall install smoke-detection devices for the Premises along with
batteries to operate the devices. Tenant must regularly test the devices to ensure
that they are operational and if not notify Landlord immediately. Tenant must
never remove batteries from smoke-detection device, except when necessary to
replace the batteries.
8. Decorations and Alterations to Premises. Other than hanging decorations on the walls
with nails or other materials approved by landlord, Tenant shall not alter or decorate the
Premises without prior written consent from Landlord. Landlord's consent to a
particular decoration or alteration shall not be deemed consent to future decorations or
3
Addison Oaks Residential Lease - Philabaum.doc 2012-05-01
alterations. Tenant shall not remove any furnishings Landlord furnishes to Tenant, drive
nails into the woodwork, or use any adhesive material on the walls without prior written
consent from Landlord.
9. Assignment and Sublease of Premises. Tenant shall not assign or sublease the Premises
- or any portion thereof
10. Access to the Premises. Tenant shall allow Landlord and Landlord's agents reasonable
access to the Premises to inspect, repair, alter, or improve the Premises. Tenant shall
also allow insurance carriers and representatives, fire department inspectors, police, or
local health authorities to inspect the Premises to the extent permitted by law. Tenant
shall allow Landlord or Landlord's agents to show the Premises to prospective Tenants
at reasonable times during the sixty (60) days before the term of the Lease expires and to
prospective purchasers on reasonable notice to Tenant.
11. Vacation or Abandonment of the Premises. If Tenant removes substantially all Tenant's
property from the Premises, Landlord may immediately enter and redecorate the
Premises without abatement of rent; and these acts shall not affect Tenant's obligations
under this Lease. If Tenant abandons the Premises before the Lease expires, all rent for
the remainder of the term of the Lease shall immediately become due.
12. Property Loss or Damage. To the extent permitted by law, Landlord and Landlord's
agents shall not be liable for any damage to property or loss of property that is caused by
theft or casualty on the Premises. Landlord recommends that Tenant obtain insurance to
protect Tenant's personal property against such loss or damage.
13. Damage or Destruction of the Premises. If a casualty partially destroys the Premises but
they can be restored to a tenantable condition within thirty (30) days, Landlord shall
repair the Premises with reasonable dispatch; however, Landlord's obligation to repair
the Premises shall be limited to the amount of insurance proceeds actually received by
Landlord. Tenant's obligation to pay rent shall be suspended while the Premises are
untenantable. If a casualty damages the Premises to the extent that they cannot be
restored to a habitable condition within thirty (30) days, either Party may terminate this
Lease by giving the other party written notice within fifteen (15) days after the casualty.
Landlord shall not be liable for any reasonable delay or for providing housing for Tenant
during repairs.
14. Utilities and Services for Premises. Tenant is responsible for the costs of utilities and
services for the Premises and for establishing accounts, if they are not already
established for the term of this Lease including but not limited to the following:
(a) garbage removal; (b) water and sewer; (c) gas; (d) electricity; (e) ice removal,
including salting the driveway and any walks surrounding the Premises or on the
Premises; (f) telephones; (g) cable television; and (h) internet. All accounts for utilities
and services shall be in the name of the Tenant.
15. Termination of Lease.
15.1. Tenant may terminate this Lease for any reason upon thirty (30) days written
notice to Landlord.
15.2. Landlord may terminate this Lease for any reason upon ninety (90) days written
notice to Tenant.
4
Addison Oaks Residential Lease - Philabaum.doc — 2012-05-01
15.3. Upon termination of this Lease. Tenant shall surrender possession of the Premises
to the Landlord in the condition they were in when they were delivered to Tenant,
except for normal wear and tear. Upon termination of this Lease, Tenant shall
also notify the Landlord of the move-out date, return all keys to the Premises to
Landlord, and transfer all utility and service accounts into the name of the County
of Oakland.
16. Default of Lease and Landlord's Remedies.
16.1 If Tenant defaults on any obligations under this Lease or misrepresents any
information in the application for this lease, landlord may, on written notice to
Tenant, terminate the Lease and enter the Premises as permitted by law; Tenant
and any other occupants shall surrender the Premises to Landlord by the date
stated in the notice. If Landlord terminates the Lease, Landlord may recover
Landlord's expenses for enforcing Landlord's rights under the Lease and
applicable law, including court costs and attorney fees, from Tenant, as permitted
by statute; and rent for the rest of the term of the Lease shall immediately become
due. Tenant may not be liable for the total accelerated amount because of
Landlord's obligation to minimize damages, and either party may ask a court to
determine the actual amount owed, if any. If Tenant fails to pay rent or any other
sums when due to Landlord, Landlord serves a notice of default on Tenant as
required by law, and Tenant fails to remit the amounts due before the notice
period expires, the amount of court costs and attorney fees incurred by Landlord
in enforcing Landlord's remedies and allowed by statute shall be added to the
amount of the arrearage.
16.2 It is a violation of this Lease if Tenant, a member of Tenant's household, or any
other person under Tenant's control unlawfully manufactures, delivers, possesses
with intent to deliver, or possesses a controlled substance as defined by Michigan
law anywhere on the Premises or surrounding the Premises. Pursuant to
Michigan law, if Tenant violates this provision Landlord may serve a written
demand for possession for termination of this Lease giving Tenant 24 hours'
notice of the Lease termination and demand for possession. Tenant acknowledges
that an order of eviction/writ of restitution may be issued by the court
immediately after the entry of a judgment for possession. Tenant's
initials:
1 7. Hold Over. Tenant may, with Landlord's permission, continue to occupy the Premises
after the term of this Lease expires without renewing this Lease or signing another Lease
for the Premises. Such tenancy shall be on a month-to-month basis and subject to the
provisions of this Lease except that the monthly rent shall increase by ten (10) percent
from the rent for the last month of the term of the Lease, and Landlord may increase rent
on thirty (30) days' notice to Tenant.
18. Notices. Any notices under this Lease shall be in writing and delivered to the recipient
personally or by first class mail fully prepaid at the following locations:
Tenant: Ken Philabaum
1480 VV. Romeo Road
Leonard, MI 48367
5
Addison Oaks Residential Lease - Philabaum.doc -- 2012-05-01
Landlord: Oakland County Department of
Facilities Management Property Management
One Public Works Drive, Bldg. 95W
Waterford, MI 48328
and
Oakland County Parks and Recreation
Executive Officer
2800 Watkins Lake Road, Bldg. 97W
Waterford, MI 48328
Unless otherwise required by law, the date of service shall be the date of hand delivery or
the mailing date.
19. Modifications. No modifications of this Lease shall be binding unless they are in writing
and signed by Landlord and Tenant.
20. Whole Agreement. This Lease sets forth the entire agreement between Landlord and
Tenant. There are no verbal or written agreements that are not contained in this Lease
between the parties.
21. Binding Effect. This Lease shall bind and benefit the parties to the Lease and their heirs,
personal representatives, successors, and permitted assigns.
22. Severability. If any provision of this Lease is invalid, unlawful, or unenforceable to any
extent, the rest of the Lease and the application of the provision to the persons or
circumstances other than those for which it is invalid, unlawful, or unenforceable are not
affected.
23. Time of the Essence. Time shall be deemed to be of the essence in the performance of
this Lease.
Effective Date. This Lease is effective on the date stated in Section 2.
TENANT LANDLORD
Date Date
6
Addison Oaks Residential Lease - Philabaum.doc — 2012-05-01
Resolution #12143 May 17, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC . #12.143) June 7,2012
BY: PLANNING AND BUILDING COMMITTEE, DAVID POTTS, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION — ADDISON OAKS-
PHILABAUM LEASE
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 of Oakland is owner of Addison Oaks County Park.
2. It is the desire of the Oakland County Parks and Recreation Commission to lease a 1,600-
square foot house, identified as 1480 W. Romeo Road, Leonard, Michigan, to Ken
Philabaum
3. Lease period is from May 1, 2012 through December 31, 2017.
4. Lease Agreement specifies the rent to be paid Oakland County from Ken Philabaum.
5. No budget amendment is required as revenues for this rental are included in the FY 2012
Budget and will be included in the FY 2013 — FY 2015 Executive Recommended Budget.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potts and Crawford absent.
Resolution #12143 June 7, 2012
Moved by Nuccio supported by Zack the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
Discussion followed.
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub,
Weipert, Woodward, Zack, Bosnic. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted.)
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 June 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 7 th day of June, 2012.
Rao_ aQ4.
Bill Bullard Jr., Oakland County