HomeMy WebLinkAboutResolutions - 2011.09.22 - 20677PLANNING AND BUILDIN.G.. COmMITTEE
MISCELLANEOUS RESOLUTION #11198
BY: Planning and Building Committee, David Potts, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR APPROVAL OF
LEASE AGREEMENT WITH THE OAKLAND COUNTY MEDICAL CONTROL AUTHORITY,
BUILDING 36 EAST
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 Medical Control Authority was created pursuant to
Public Act 368 of 1978 to organize, operate and maintain a quality emergency medical services
system in Oakland County; and
WHEREAS, the Oakland County Medical Control Authority has been located on the
Oakland County Service Center Campus since 1995; and
WHEREAS, County Administrative Staff, with the concurrence of the Medical Control
Authority Staff, have determined that it is in the best interest of the parties to relocate the Medical
Control Authority to the Pontiac Health Center located at 1200 North Telegraph Road, Building 36
East; and
WHEREAS, it is the recommendation of the Departments of Facilities Management and
Corporation Counsel that the Oakland County Board of Commissioners accept and approve the
terms and conditions of the attached Lease Agreement with The Oakland County Medical
Control Authority; and
WHEREAS, under the terms and conditions of the attached Lease Agreement, the
County will provide maintenance of building, custodial services, grounds inclusive of trash
removal, snow and ice removal from sidewalks and parking lot and payment of utilities; and
WHEREAS, the Oakland County Medical Authority shall pay rent in the amount of $1.00
annually; and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have
reviewed and/or prepared all necessary documents related to 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 the Oakland County Medical Control Authority for use of portions of the Pontiac Health
Center, 1200 North Telegraph Road, Building 36 East, specifically rooms 19, 20, and 20A in the
basement; rooms 200, 201, 202, 203. 204, 205, 206, and 207 on the first floor; and shared
training room (Premises").
BE IT FURTHER RESOLVED that the Term of this Lease shall be for five (5) years
beginning on June 22, 2011 and shall end on June 21, 2016.
BE IT FURTHER RESOLVED that the Lease may be renewed for an additional five (5)
year term upon mutual written agreement as negotiated between Tenant and the Departments of
Facilities Management and Corporation Counsel.
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 the Oakland County Medical Control
Authority which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING « BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Crawford absent.
OAKLAND COUNTY MEDICAL CONTROL AUTHORITY
LEASE OF PONTIAC HEALTH CENTER
This Lease is made and entered into on the June 22, 2011, by OAKLAND COUNTY MEDICAL
CONTROL AUTHORITY, 1200 North Telegraph, Pontiac, Michigan 48341, ("Tenant"), and the
COUNTY OF OAKLAND, a Michigan Constitutional Corporation, 1200 North Telegraph Road,
Pontiac, Michigan 48341 ("Landlord").
INTRODUCTION
A. Tenant has been located on Landlord property since November 1995.
B. Landlord and Tenant have determined that Tenant should be located at another
building owned by Landlord and located on Landlord's property.
C. Tenant serves as the medical control authority for the Oakland County Emergency
Medical Services System pursuant of Public Act 368 of 1978.
D. Tenant organizes and participates in efforts to maintain and enhance a quality
emergency medical services system in Oakland County and develops and updates
protocols for the provision of emergency medical services in Oakland County.
E. In consideration of the mutual covenants contained in this Lease, the Parties agree
to the following terms and conditions:
AGREEMENT
Leased Premises. Landlord leases to Tenant portions of the Pontiac Health Center, 1200
North Telegraph Road, Building 36 East, Pontiac, Michigan 48341, specifically rooms
19, 20, and 20A in the basement and rooms 200, 201, 202, 203, 204, 205, 206, and 207
on the first floor ("Premises). The Premises are further depicted in Exhibit A. Exhibit A
is incorporated by reference into this Agreement. Tenant shall have exclusive use of
Premises and access to the Common Areas. A portion of the Premises leased to Tenant
includes a training room, specifically room 20 in the basement. All equipment and the
projector in the training room were purchased by Tenant and shall remain the property of
Tenant after the expiration or termination of this Lease. The training room shall be open
to Landlord for use at any time Tenant is not using the training room. Prior to using the
training room, Landlord shall contact Tenant to determine whether Tenant will be using
the training room.
Term and Commencement Date. The Term of this Lease shall begin on June 22, 2011
(-Commencement Date"), and shall end on June 21, 2016. Tenant shall have possession
of the Premises on the Commencement Date. This Lease may be renewed for an
additional five (5) year tem_ upon mutual written agreement of Tenant and Landlord's
Director of Facilities Management or his or her successor.
3. Termination.
3.1. Tenant may terminate this Lease, for any reason, upon thirty (30) days notice to
Landlord.
3.2. Landlord may terminate this Lease upon thirty (30) days notice to Tenant, if
Tenant violates any prevision of this Lease and within the thirty (30) day notice
period, Tenant does not correct or remedy such violations. The Lease violations
shall be expressly set forth in the notice of termination from Landlord to Tenant.
4. Condition Upon Surrender. Upon expiration or termination of this Lease, Tenant shall
surrender the Premises in the same condition as it was on the Commencement Date when
taken (reasonable wear and tear excepted) and in a clean condition (free of rubbish and
garbage). Tenant shall remove all its personal property from the Premises upon
expiration or termination of this Lease.
5. Rent. Tenant shall pay Landlord the sum of one dollar ($1.00) ("Rent") annually during
the term of this Lease. This sum includes all utilities, structural maintenance, site
maintenance, common area maintenance, snow removal, lawn maintenance, and trash
removal for the Premises.
6. Hold Over. In the event Tenant holds over after the expiration of the original Tenn of
this Lease without a written agreement between Landlord and Tenant, the hold over shall
be construed to be a tenancy from month-to-month on the same terms and conditions
contained in this Lease, for a period not to exceed six ninety (90) days.
7. Alterations or Improvements.
7.1. Upon moving into the Premises, Tenant requested that an intercom system be
installed in the Premises by Landlord for Tenant's use. Landlord shall install the
intercom system and Tenant shall reimburse Landlord all costs associated with the
purchase and installation, provided, however, that the costs shall not exceed three
thousand dollars ($3,000.00) and Landlord shall provide Tenant with an itemized
invoice for the intercom system. Tenant shall be responsible for all costs
associated with maintaining the intercom system. Upon termination or expiration
of this Lease, Landlord shall remove the intercom system and Tenant shall be
responsible for all costs associated with removing the intercom system. Landlord
shall invoice the Tenant for the costs of removing the intercom system and Tenant
shall promptly pay such invoice.
7.2. Tenant shall not make any alterations or improvements to or upon the Premises
without the prior written consent of Landlord's Director of Facilities
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Management. Any alterations or improvements made to or upon the Premises
shall be performed by Landlord.
7.3. Any remodeling, renovation, improvements, or other modifications to the
Premises requested by Tenant will be at Tenant's sole expense, unless otherwise
agreed by the Parties in writing.
7.4. Any alterations or improvements made to or upon the Premises shall become an
integral part of the Premises and shall become the sole property of Landlord
immediately upon completion unless Landlord notifies Tenant, prior to
construction, that the alterations or improvements shall be removed by Tenant at
the conclusion or telmination of the Lease at Tenant's sole expense.
8. Use and Occupancy. During the term of this lease the Premises shall be used for general
office use, training and other obligations and duties Tenant must perform pursuant to
State law and for no other purposes.
9. Equipment and Furnishings. Tenant shall provide, at its own expense, furniture and
equipment it deems necessary. Tenant, at its own expense, shall be solely responsible for
the maintenance and repair of all furniture and equipment used on the Premises.
10. Maintenance and Repairs. Landlord shall maintain and keep the Premises in good
repair, including, but not limited to, the roof, ceilings, walls, floors, foundations,
electrical and plumbing systems, sidewalks, common areas, parking areas, exterior glass,
heating and cooling systems, and the replacement of light bulbs. If any repairs to the
Premises are required (except for normal wear and tear), as a result of Tenant's actions or
the actions of its employees, agents, customers, licensees or invitees, then Landlord will
make sure repairs and Tenant shall be responsible for all costs associated with such
repairs.
11. Utilities and Services.
Tenant agrees to pay all costs associated with maintaining and operating its
computer system (including access to the Internet) and any other system Tenant
installs in the Premises, except that Tenant may use Landlord's cable and/or fiber
to connect to the Internet.
11.2. Tenant may use Landlord's telephone system. Tenant shall pay Landlord for use
of the telephone system. Landlord shall send an invoice to Tenant on a monthly
basis for use of the telephone system. Tenant shall pay this invoice within thirty
(30) days.
11.3. Landlord agrees to provide, at its own expense, trash removal, snow and ice
removal from sidewalks, steps and parking areas, complete parking lot and
building maintenance, custodial services for common areas and lawn care
services. Landlord shall keep the common areas in a safe and secure manner.
11.1.
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11.4. The term "Common Areas" shall include lunchroom area, service corridors,
pedestrian sidewalks, stairways, hallways, bathroom area, landscaped areas,
parking areas, access roads, driveways, loading areas, lighting and facilities which
may be furnished by Landlord in or near the building which are outside of the
Premises and designated from time to time by Landlord as Common Areas.
Tenant and its invitees shall have right to access the Common Areas during the
term of this Lease. Landlord shall at its sole cost and expense, operate and
maintain the Common Areas
11.5. Except as otherwise provided in this Lease. Landlord shall be solely responsible
for and promptly pay all utilities for the Premises.
12. Care of Premises. Tenant shall keep the Premises in good repair, wear and tear from
reasonable use and damage from the elements excepted.
13. Security. Landlord agrees to provide lighting for the interior and exterior of the Premises
including common areas and parking areas directly adjacent to the Premises, in an
adequate manner. Landlord will provide identification cards for Tenants employees,
agents, or independent contractors to enter the Premises. Tenant's employees, agents, or
independent contractors may be subject to security or background checks, at Landlord's
sole discretion.
14. Signs. With the prior written approval of Landlord's Director of Facilities Management
or his or her successor, Tenant may request that Landlord attach, install or erect signs on
the interior and exterior walls of the Premises as necessary for Tenant's business at the
Premises.
15. Parking. Landlord shall provide Tenant with parking spaces for Tenant's use.
16. Assignment and Subletting. Tenant shall not assign, sublet or in any manner transfer
this Lease or any estate or interest therein without the prior written consent of Landlord's
Director of Facilities Management or his or her successor.
17. Access. Landlord shall have twenty-four (24) hour access to the Premises for the purpose
of inspecting, repairing, and maintaining the Premises.
18. Security Deposit. No security deposit is being required of Tenant.
19. Insurance. Tenant shall obtain and maintain insurance according to the specifications set
forth in Exhibit B during the term of this Lease. Exhibit B is incorporated by reference
into this Agreement.
20. Indemnification.
20.1. Tenant shall indemnify and hold harmless Landlord from any and all Claims
against Landlord arising out of Tenant's (or its employees', officers, invitees',
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agents' or subcontractors') use of the Premises or failure to comply with this
Lease.
20.2. For purposes of this Lease "Claims" means all losses, complaints, demands for
relief, damages, lawsuits, causes of action, proceedings, judgments, deficiencies,
penalties, costs, and expenses arising under or relating to this Lease, including,
but not limited to, reimbursement for reasonable attorney fees, witness fees, court
costs, investigations, litigation expenses, amounts paid in settlement, and/or any
other amount for which Landlord becomes legally and/or contractually obligated
to pay a third party, whether direct, indirect, or consequential, whether based upon
any alleged violation of the constitution (federal or state), any statute, rule,
regulation, or the common law, whether in law or equity, tort, contract, or
otherwise, and/or whether commenced or threatened.
20.3. Section 20 and the duties and obligations contained herein shall survive the
expiration or termination of this Lease.
21. Reservation of Rights. This Lease does not and is not intended to impair, divest,
delegate, or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty, capacity, or immunity of the Landlord.
22. Compliance with Laws. Landlord agrees, at its own expense, to promptly comply with
all applicable federal, state and municipal laws and regulations affecting the Premises,
including any barrier-free requirements. If Landlord fails to comply with such laws and
regulations, Tenant may give Landlord written notice of its intent to terminate the Lease
sixty (60) days after Landlord's receipt of the written notice. If Landlord complies with
the laws and regulations within the sixty (60) day period, then Tenant's notice shall be
deemed withdrawn.
23. Destruction of Premises.
23.1. In the event, the Premises are partially or entirely damaged or destroyed as a result
of Tenant's actions or the actions of its employees, agents, customers, licensees,
or invitees. Landlord shall repair the damage or destruction; however, Tenant
shall be responsible for all costs associated with repairing damage or destruction
of the Premises, unless such damage or destruction is covered and paid for by
Landlord's insurance, in which case Tenant shall reimburse Landlord for any
deductible it must pay in connection with the damage or destruction.
23.2. In the event that more than thirty-five (35%) percent of the Premises are damaged
or destroyed by fire or other casualty, Landlord may elect to either repair or
rebuild the Premises, or to terminate this Lease by giving written notice to Tenant
within ninety (90) days after the occurrence of' such damage or destruction.
Tenant will have ninety (90) days from the date of the notice to vacate the
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6
Premises. In no event shall Landlord be required to repair or replace any property'
of Tenant.
23.3. In the event, the Premises are partially damaged or destroyed by fire or other
casualty and such event is not addressed by Sections 23.1 or 23.2, Landlord shall
use its best effort to promptly repair or rebuild the Premises. In the event the
Premises cannot be repaired or rebuilt within one hundred eighty (180) days after
such destruction, Tenant shall have the right to terminate this Lease and vacate the
Premises within ninety (90) days after the occurrence of such damage or
destruction.
24. Eminent Domain. If the whole Premises are taken by any public authority under the
power of eminent domain, then this Lease shall be tefiiiinated on the day the public
authority takes possession of the whole Premises. If less than the whole, but more than
thirty-five percent (35%) of the Premises are taken by any public authority under the
power of eminent domain, then either Party may terminate this Lease upon thirty (30)
days written notice to the other Party. In the event neither Party elects to terminate this
Lease, the Lease shall terminate on the date the public authority takes possession of the
Premises. Neither Party shall have any future liability or obligation under the Lease if it
is terminated under this Paragraph.
25. Quiet Enjoyment. Upon performance of its obligations under this Lease, Tenant shall
peacefully and quietly hold and enjoy the Premises for the Term of this Lease without
hindrance or interruption by Landlord, its agents or employees, subject to the terms of this
Lease.
26. Modifications. This Lease may be modified or amended only by written agreement of
Landlord and Tenant.
27. Remedies Not Exclusive. It is agreed that each and every right and benefit provided by
this Lease shall be cumulative and shall not be exclusive of any other right, remedy or
benefit allowed by law or in equity to either Party.
28. Use of Words. The pronouns and relative words used in this Lease shall be read
interchangeably in masculine, feminine or neuter, singular or plural, as the context
requires.
29. Governing Law. This Lease shall be interpreted under and governed by the laws of the
State of Michigan.
30. Severability. If a term, condition, or provision of this Lease is found, by a court of
competent jurisdiction, to be invalid, unenforceable, or to violate or contravene federal or
state law, then the term, condition, or provision shall be deemed severed from this Lease;
all other terms, conditions and provisions shall remain in full force and effect.
Lease — Final
31. Waiver. No waiver of any term, provision or condition of this Lease, whether by conduct
or otherwise, in one or more instances, shall be deemed or construed as a further
continuing waiver of a term, provision or condition of this Lease. No remedy available to
a Party for the other Party's breach of this Lease is intended to be an exclusive remedy. A
Party's exercise of any remedy for breach of this Lease shall not be deemed or construed
to be a waiver of its right to pursue another remedy.
32. Binding Effect. The terms and conditions of this Lease shall be binding and shall inure
to the benefit of the Parties and their respective heirs, representatives, successors and
assigns.
33. Notice. All notices, requests, demands, and other communications required by this 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
and
Property Management Specialist
Oakland County Department of Facilities Management
1 Public Work Drive
Waterford, MI 48328
To Tenant: Michael Jule, DO
Oakland County Medical Control Authority, President
Pontiac Health Center
1200 North Telegraph Road
Pontiac, MI 48341
34. Default. If Tenant defaults in any of its obligations under this Lease, Landlord shall have
all remedies available to it under the law.
35. Execution in Counterparts. This Lease may be executed in several counterparts, each
of which shall be an original and all of which shall constitute but one and the same
instrument.
36. Entire Agreement. This Lease constitutes the entire agreement of the Parties with
respect to the Premises and all prior negotiations, agreements and understandings, either
oral or written, are merged herein.
Lease — Final
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Oakland County Medical Control Authority
Tenant
By:
Witness Michael Jule, DO
Oakland County Medical Control Authority\
President
Signed and sworn to before me in Oakland County, Michigan, on day of , 20 .
Notary Public, State of Michigan,
Oakland County
My Commission expires:
Acting in the County of Oakland
Landlord, County of Oakland
Witness Michael A. Gingen, Chairperson
Oakland County Board of Commissioners
Signed and sworn to before me in Oakland County, Michigan, on day of ,20 .
Notary Public, State of Michigan,
Oakland County
My Commission expires:
Acting in the County of Oakland
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Resolution #11198 August 31, 2011
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #11198)
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR APPROVAL OF LEASE
AGREEMENT WITH THE OAKLAND COUNTY MEDICAL CONTROL AUTHORITY, BUILDING 36 EAST
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 lease agreement between the County of Oakland and
the Oakland County Medical Control Authority for use of area specified in the Building 36 East.
2. The lease term is for five (5) years from June 22, 2011 through June 21, 2016 and the lease
allows for a five (5) year renewal upon written agreement of the Tenant and Landlord's Director of
Facilities Management or his or her successor.
3. The rent is for one dollar ($1.00) annually.
4, The County will install an intercom system and be reimbursed by the tenant in an amount note to
exceed $3,000. Any further remodeling or improvements to the premises shall be at the sold
expense of the tenant.
5. The County will be responsible for maintenance of the building, custodial services, grounds
inclusive of trash removal, snow and ice removal from sidewalks and parking lot, and payment of
utilities.
6. The tenant will be responsible to provide and maintain its computer system, as well as pay
Oakland County for use of its telephone service.
7. No budget amendment is required.
FINANCE COMMITTEE
Resolution #11198 September 22, 2011
Moved by Nuccio supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, angel!, Gosselin, Greimei, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub,
Weipert, Woodward, Zack, Bosnic, Covey. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE FO' G RESOLUTE
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
September 22, 2011, 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 22nd day of September, 2011.
EL)212_ e_124e,-,1 (94,
Bill Bullard Jr., Oakland County