HomeMy WebLinkAboutResolutions - 2013.03.21 - 20745MISCELLANEOUS RESOLUTION #13046 March 6, 2013
BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION — WATERFORD OAKS LEASE -
OAKLAND PARKS FOUNDATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of Waterford Oaks County Park; and
WHEREAS, a house, identified as 1580 Scott Lake Road, Waterford, Michigan 48328,
is located on the grounds of Waterford Oaks County Park; and
WHEREAS, it is the desire of the Oakland County Parks and Recreation Commission to
lease a portion of said house (living room, a bedroom, family room, and kitchen located on the
first floor) located at 1580 Scott Lake Road, Waterford, Michigan 48328 to the Oakland Parks
Foundation for a period commencing April 1, 2013 through April 1, 2018; and
WHEREAS, under the terms and conditions of the attached Lease Agreement the
Oakland Parks Foundation will pay rent of $500.00 each month and pay all utility costs; 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; and
WHEREAS, the rent amount received shall be deposited in the Oakland County Parks and
Recreation Rental House Revenue fund line item; and
WHEREAS, the Oakland County Parks and Recreation Commission recommends that the
Oakland County Board of Commissioners approves and authorizes the attached Lease Agreement
between the County of Oakland and the Oakland Parks Foundation,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes and approves the Lease Agreement between the County of Oakland and the Oakland
Parks Foundation for the lease of a house located at 1580 Scott Lake Road, Waterford, Michigan
48328 to the Oakland Parks Foundation for the initial lease period commencing April 1, 2013 and
ending April 1, 2014.
BE IT FURTHER RESOLVED that this Lease shall be automatically renewed for four (4)
additional terms of one (1) year each (-renewal terms") upon the expiration of the initial term or
renewal term, ending on April 1, 2018, unless either Party provides written notice in accordance
with the Building Lease Agreement.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its
Chairperson or his designee to execute said Agreement on behalf of the County of Oakland.
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.
BUILDING LEASE
BETWEEN
OAKLAND COUNTY
AND
OAKLAND PARKS FOUNDATION
This Lease is made and entered into on April I, 2013 ("Commencement Date"), by Oakland Parks
Foundation, a non-profit organization, 1580 Scott Lake Road, Waterford, Michigan 48328
("Tenant") and the County of Oakland, a Michigan Constitutional Corporation, 1200 North
Telegraph Road, Pontiac, Michigan 48341 ("Landlord"), by and through its statutory agent, the
Oakland County Parks and Recreation Commission ("OCPRC").
In consideration of the mutual covenants contained in this Lease, the Parties agree to the following
terms and conditions:
Leased Premises. The Landlord leases to the Tenant a portion of the building (the living
room, a bedroom, family room and kitchen located on the first floor) known as the Ernst
House, located as 1580 Scott lake Road, Michigan 48328 ("Premises"), which is further
described and depicted in Exhibit A. The area that comprises the Premises is marked
around the perimeter with dashes in Exhibit A.
Term and Commencement Date.
2.1 The Term of this Lease shall begin on the Commencement Date and shall end on
April 1, 2014 ("initial term"). The Tenant shall have possession of the Premises on
the Commencement Date.
2.2 This Lease shall be automatically renewed for four (4) additional terms of one (1)
year each ("renewal terms") upon the expiration of the initial term or a renewal
term, unless either Party provides written notice to the other Party of its intent not to
renew the Lease ninety days (90) before the expiration of the initial term or any
renewal term.
3. Termination. Either party may terminate and/or cancel this Lease at any time upon one
hundred and eighty (180) days written notice to the other Party, for any reason, including
convenience, without incurring obligation or penalty of any kind. The effective date of
termination and/or cancellation shall be clearly stated in the written notice.
4. Rent, Tenant shall pay Landlord $500.00 per month as rent during the initial term and
any renewal term of this Lease. The rent shall be due and paid on the first calendar day of
each month. The rent shall be paid to "the County of Oakland" at 2800 Watkins Lake
Road, Waterford, MI 48328.
5. Hold Over. In the event the Tenant holds over after the expiration of this Lease without
a written agreement between the Landlord and the 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 ninety (90) days.
6. Alterations or Improvements. Tenant shall not make any alterations or improvements
to or upon the Premises without the prior written consent of the OCPRC Executive
Officer or his or her designee. 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 termination of the Lease at Tenant's sole expense. Any alterations or
improvements made to or upon the Premises shall be performed by a properly qualified
contractor approved by the OCPRC Executive Officer or his or her designee. Any
alterations or improvements shall be done only during normal business hours and done in
such a way as not to interfere with other OCPRC operations on or about the Premises.
Any contractor retained by Tenant shall comply with MCL 129.201, et seq. Any
remodeling, renovation, improvements, or other modifications to the Premises by the
Tenant will be at Tenant's sole expense, unless otherwise agreed by the Parties in writing.
The Tenant shall notify Landlord of the completion of alterations or improvements to the
Premises within (3) days of project completion. Proof of completion, including but not
limited to, photographs, invoices, and cancelled checks, for alterations or improvements
must be submitted to Landlord within (30) days of project completion.
7 Use and Occupancy. During the term of this Lease, the Premises shall be used for office
space and meetings for the Oakland Parks Foundation.
8. Condition Upon Surrender. Upon expiration or termination of this Lease, the Tenant
shall surrender the Premises in the same condition. as it was on the Commencement Date
when taken (reasonable wear and tear excepted) and shall remove its personal property.
9. Equipment and Furnishings. The Tenant shall provide, at its own expense, furniture
and equipment it deems necessary. The 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. The 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, parking areas, exterior glass, and heating and
cooling systems. If any repairs to the Premises are required (except for normal wear and
tear), as a result of the Tenant's actions or the actions of its employees, agents, customers,
licensees or invitees, then the Landlord shall make such repairs or cause such repairs to
be made, provided, however, that the Tenant shall be responsible for all costs associated
such repairs. The Landlord shall submit an itemized invoice to the Tenant detailing the
repairs and the costs associated with such repairs. The Tenant shall pay the invoice
within thirty (30) calendar days of receipt.
11 Utilities and Services.
11.1. The Tenant shall pay all associated utilities and services for Premises, including
electrical, telephone and fax service, inteniet service, custodial service, gas
(natural and propane), and water and sewer. Bills for all utilities and services
shall be placed in the Tenant's name. The Tenant shall be solely responsible for
and promptly pay all utilities and services for the Premises, as set forth in herein.
Utilities will not be pro-rated according to space occupied by the Tenant.
11.2. The Tenant agrees to pay all costs associated with maintaining and operating its
telephone system, computer system (including access to the internet), and any
other system the Tenant installs in the Premises.
11.3. The Landlord agrees to provide, at its own expense, trash removal, snow and ice
removal from sidewalks, steps and parking areas, complete parking lot and
structural building maintenance, and lawn care services.
11.4. Landlord shall keep the common areas in a safe and secure manner. The term
"Common Areas" shall include facilities, 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.
12. Compliance with Laws. The 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 the Landlord fails to comply with
such laws and regulations, the Tenant may give the Landlord written notice of its intent to
terminate the Lease one hundred fifty (150) days after the Landlord's receipt of the written
notice. If the Landlord complies with the laws and regulations within the one hundred
fifty (150) day period, then Tenant's notice will be deemed withdrawn.
13. Destruction of Premises.
13.1. In the event, the Premises are partially or entirely damaged or destroyed as a result
of the Tenant's actions or the actions of its employees, agents, customers,
licensees, or invitees, the Tenant shall be responsible for repairing all damage or
destruction, unless such damage or destruction is covered and paid for by the
Landlord's insurance, in which case the Tenant shall reimburse the Landlord for
any deductible it must pay in connection with the damage or destruction.
13.2. In the event, the Premises are partially damaged or destroyed by fire or other
casualty, the damage to the Premises shall be promptly repaired or rebuilt by the
Landlord. In the event the Premises cannot be repaired or rebuilt within one
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hundred eighty (180) days after such destruction, the 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. During the time between when the
Premises are damaged and the Tenant remains on the Premises during repair or
vacates the Premises altogether, the Rent owed by the Tenant shall be reduced in
proportion to the fraction of the Premises rendered unusable (in the discretion of
the Tenant). If more than thirty-five percent (35%) of the Premises are damaged or
destroyed by a casualty, the Tenant may elect to remain on the Premises or to
vacate the Premises.
13.3. In the event that more than thirty-five (35%) percent of the Premises are damaged
or destroyed by fire or other casualty, the Landlord may elect to either repair or
rebuild the Premises, or to terminate this Lease by giving written notice to the
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
Premises. If the Landlord elects to rebuild or repair the Premises, then the Rent
owed by the Tenant shall be reduced in proportion to the fraction of the Premises
rendered unusable (in the discretion of the Tenant) until the Premises are repaired
or rebuilt. In no event shall the Landlord be required to repair or replace any
property of the Tenant.
13.4. In the event that less than Thirty-five (35%) percent of the Premises are damaged
or destroyed by fire or other casualty the,gent .owed by the Tenant shall be
reduced in proportion to the fraction of the Premises rendered unusable (in the
discretion of the Tenant) until the Premises are repaired or rebuilt.
14. Insurance. At all times during this lease, Tenant must obtain and maintain insurance
according to the specifications set forth in Exhibit B.
15. Indemnification.
15.1 Tenant shall indemnify and hold the Landlord harmless from any and all claims,
including attorney fees, which are incurred by or asserted against the Landlord by
any person or entity, alleged to have been caused or found to arise, from the acts,
performances, errors, or omissions of Tenant or Tenant's employees, agents, or
volunteers without limitation, all claims relating to injury or death of any person or
damage to any property.
15.2 Tenant shall have no rights against the Landlord for any indemnification (e.g.,
contractual, equitable, or by implication), contribution, subrogation, and/or any
other right to be reimbursed by the Landlord except as expressly provided herein.
16. Care of Premises.
16.1 Tenant shall keep the Premises in good repair, wear and tear from reasonable use
and damage from the elements excepted.
16.2 Tenant shall keep the Premises and the area immediately surrounding the Premises
clean and free of garbage.
17. Security. The Landlord agrees to provide lighting for the exterior of the Premises
including common areas, and parking areas directly adjacent to the Premises, in an
adequate manner. The Landlord will provide keys for the Tenant's employees, agents, or
independent contractors to enter the Premises.
18. Access. The Landlord shall have twenty-four (24) hour access to the Premises for the
purpose of inspecting, repairing, and maintaining the Premises.
19. Signs. The Tenant may attach, install or erect signs on the interior and exterior walls of
the Premises as necessary for the Tenant's business at the Premises. However, the Tenant
may not attach, install or erect any signs on the exterior walls of or the area surrounding,
the Premises without the prior written approval of the OCPRC Executive Officer or his or
her designee and the applicable governmental entity as to the form, content, material,
lighting and structure.
20 Assignment. The Tenant shall not assign, sublet or in any manner transfer this Lease or
any estate or interest therein without the prior written consent of the OCPRC Executive
Officer or his or her designee.
21. Parking. The Landlord agrees to provide Tenant with four (4) assigned parking spaces
for Tenant's exclusive use.
27. Eminent Domain. If the whole Premises are taken by any public authority under the
power of eminent domain, then this Lease shall be terminated 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.
23. Quiet Enjoyment. Upon performance of its obligations under this Lease, the Tenant
shall peacefully and quietly hold and enjoy the Premises for the Term of this Lease
without hindrance or interruption by the Landlord, its agents or employees, subject to the
terms of this Lease.
24. Modifications. This Lease may be modified or amended only by written agreement of
the Landlord and the Tenant.
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.
26. 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.
Security Deposit. No security deposit is being required of Tenant.
Governing Law. This Lease shall be interpreted under and governed by the laws of the
State of Michigan.
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.
30. 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.
31. Entire Agreement. This Lease constitutes the entire agreement of the Parties with
respect to the Premises and all prior negotiations, agreements and understandings, eith
oral or written, are merged herein.
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.
33.1. All notices, requests, demands, and other communications required by this Lease shall
he in writing and shall be deemed given if personally delivered or mailed, certified
mail, return receipt requested, to the following addresses:
To Landlord: Park and Recreation Commission
Executive Director
2800 Watkins Lake Road
Building #97 West
Waterford, MI 48328
With a copy to: Property Management Specialist
Oakland County Department of Facilities Management
1 Public Work Drive
Waterford, MI 48328
To Tenant:
Oakland Parks Foundation
1580 Scott Lake Road, Waterford, MI 48328
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34. 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 Parties.
35. Default_ If the Tenant defaults in any of its obligations under this Lease, the Landlord
shall have all remedies available to it under the law.
36. 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.
Tenant: Oakland Parks Foundation
By:
Signed and sworn to before me in Oakland County, Michigan, on day of
, 2013
Notary Public, State of Michigan, Oakland County
My Commission expires:
Acting in the County of Oakland
Landlord: County of Oakland
By:
Michael J. Gingen, Chairperson
Oakland County Board of Commissioners
Signed and sworn to belbre me in Oakland County, Michigan, on day of
, 2013
Notary Public, State of Michigan, Oakland County
My Commission expires:
Acting in the County of Oakland
`i
EXHIBIT A
THE ERNST HOUSE FLOOR PLAN
WATERFORD OAKS COUNTY PARK
EXHIBIT B
INSURANCE REQUIREMENTS
1. Tenant shall procure and maintain insurance coverage according to the following
specifications:
a. Commercial General Liability Occurrence Form, including a) Premises and
Operations b) Products and Completed Operations, c) Personal and Advertising injury, cl)
Broad Foin, Property Damage, e) Independent Contractors, and f) Blanket Broad Form
Contractual with the following minimum limits:
• $3,000,000- General Aggregate Limit other than Products/Completed Operations
• $500,000- Each Occurrence
• Included - Products/Completed Operations Aggregate limit
• Included - Personal & Advertising Injury Limit
• $10,000- Medical Payments - Any One Person
b. Workers' Compensation with limits statutorily required by any applicable Federal or
State law and Employers Liability Insurance with minimum limits of $100,000 each
accident, S100,000 disease each employee, and $500,000 disease policy limit.
c. Automobile Liability with minimum limit of $1,000,000 Combined Single Limit per
occurrence for owned, hired and non-owned vehicles (including Michigan No-Fault as
required by law).
2. General Insurance Policy Provisions:
a. All certificates of insurance and/or insurance policies shall contain the following
provisions and clauses:
1) All policies of insurance shall be on a primary, non-contributory basis with any
other insurance and/or self-insurance carried by the Landlord.
2) Tenant and their insurance carriers agree to waive all rights of subrogation
against the Landlord, employees, agents, and elected and appointed officials of the
Landlord, and the County of Oakland.
3) Commercial General Liability and Automobile policies shall be endorsed to
include as Additional Insured: the Landlord, employees, agents, and elected and
appointed officials of the Landlord, and the County of Oakland as Additional
Insured.
4) All certificates are to provide thirty (30) days written notice of material change,
non-renewal, or cancellation. Certificates of insurance must be provided no less
than ten (10) working days before commencement of the Lease.
5) The insurance required of the Tenant is not intended to cover any tools,
equipment or other such personal property of the Tenant. This risk of loss to all
such personal property shall be assumed by the Tenant. The Tenant and insurance
carriers agree to waive all rights against the County of Oakland for any damage or
loss to such personal property.
6) All insurance carriers shall be licensed and approved to do business in the State
of Michigan and are subject to the approval of the landlord.
Resolution #13046 March 6, 20'13
The Vice Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #13046) March 21, 2013
BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION — WATERFORD OAKS LEASE - OAKLAND PARKS
FOUNDATION
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 Waterford Oaks County Park.
2. It is the desire of the Oakland County Parks and Recreation Commission to lease a house,
identified as 1580 Scott Lake Road, Waterford, Michigan 48328.
3. Lease period runs from April 1. 2013 through April 1, 2014.
4. Lease shall be automatically renewed for four (4) additional terms of one (1) year each upon
the expiration of the initial term.
5. Attached Lease Agreement specifies the rent to be paid Oakland County from the Oakland
Parks Foundation.
6. No budget amendment is required as revenues for this rental are included in the FY 2013 —
FY 2015 budget.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Scott absent.
Resolution #13046 March 21, 2013
Moved by Hoffman supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack,
Bosnic, Crawford. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
',UTION
Y COUNTY EZ.,:.CUTIVE
--X) MCL (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 21,
2013, 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 21 st day of March, 2013.
Xf/get/
Lisa Brown, Oakland County