HomeMy WebLinkAboutResolutions - 2013.06.13 - 20869PLANNING & BUILDING CaVIMIff EE
MISCELLANEOUS RESOLUTION #13141 May 22, 2013
BY: PLANNING & BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF LEASE FOR 52-1 NOVI DISTRICT
COURT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is responsible for providing courthouse facilities for all four divisions of
the 52nd District Court; and
WHEREAS the current lease for the 52-1 District Courthouse located at 48150 Grand River Avenue,
Novi, Michigan, expires on March 3, 2015; and
WHEREAS the current annual rent is $493,241; and
WHEREAS the Facilities Management (FM) Department has been actively working with the 52-1 District
Court Administration and the Landlord, Hannawa Holdings, LLC, to achieve three goals: (1) achieve a rent
concession of 7%; (2) improve the quality and timeliness of building maintenance / custodial / grounds services at
the Courthouse; and (3) perform much needed capital improvements to the Courthouse; and
WHEREAS to that end, the lease in Attachment A includes the following provisions:
• A rent concession of 7%
• Replacement of the parking lot, roof, and HVAC system within in the first year of the attached
lease
• FM assumption of the day-to-day building maintenance / custodial / grounds services, in
exchange for an additional rent concession to cover FM's cost of providing those services (Note:
since FM staff handle the West Oakland Office Building, which is being sold, no new staff will be
required)
• A set-off clause that permits the County to offset rent to cover costs it incurs, if it must perform
any obligations of the Landlord
• Response timelines for the Landlord's services required under the attached lease
• A lease term of ten years, but allowing termination after seven years (with one-year's notice)
WHEREAS the County has no financial plans to move the 52-1 District Courthouse to or to build, a new
Courthouse; therefore, the current lease would need to be renewed in 2015 for at least five years, terminating in
2020; and
WHEREAS the attached lease would commence on July 1,2013 and could be terminated June 30, 2020
upon one year's notice; and
WHEREAS the Court Administrators and Judges of the 52-1 District Court have reviewed the attached
lease; and
WHEREAS the rent in the attached lease has been reduced to $372,000 annually, a reduction of
$121,241 a year for the first seven years of the attached lease; and
WHEREAS it is the recommendation of the Department of Facilities Management that the Oakland
County Board of Commissioners accept and approve the terms and conditions of the attached lease; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to that attached lease.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached lease for the 52-1 District Courthouse located at
48150 Grand River Avenue, Novi, Michigan.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs it Chairperson or
his designee to execute the attached lease and all other related documents between the County and the
Landlord, Hannawa Holdings, LLC, which may be required.
Chairperson, on behalf of the Planning & Building Committee, I move the adoption of the foregoing
resolution.
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
LEASE FOR 52ND DISTRICT COURT, FIRST DTVISION
This Lease is made and entered into on July 1,2013 ("Commencement Date") between Hannawa Novi
Holdings, LLC, a Michigan limited liability company, 2425 Franklin Rd., Bloomfield Hills, Michigan
48302("LANDLORD"), and the COUNTY OF OAKLAND, a Michigan Constitutional Corporation,
1200North Telegraph Road, Pontiac, Michigan 48341 ("TENANT").
INTRODUCTION
A. The TENANT currently leases the building and parking lot from the Landlord located at 48150 Grand
River Avenue, Novi, Michigan for use as the 52'd District Court, First Division, pursuant to a lease
executed on April 12, 2005 ("Current Lease");
B. On November 5, 2009, the TENANT exercised its option to extend the current lease for five (5) years
until March 2, 2015;
C. The TENANT desires to extend the length of its stay at 48150 Grand River Avenue, Novi, Michigan;
D. In exchange for the extension, the LANDLORD is willing to decrease the rent as set forth in
paragraph 3; and
E. The Parties desire to terminate the Current Lease and agree to the following terms and conditions.
1. Leased Premises of Lease. In consideration of the Rent to be paid and the covenants to be performed
by the TENANT, the LANDLORD leases to the TENANT and the TENANT leases from the
LANDLORD the entire building consisting of approximately 25,833 square feet and the parking lot for this building, located at 48150 Grand River Avenue, Novi, Michigan ("the Premises"). The Premises are
depicted in Exhibit A, which is attached and incorporated by reference into this Lease.
2. Term. The tei iii of this Lease shall begin on the Commencement Date and shall end on June 30,
2023. After June 30, 2020, the TENANT shall have the right to terminate this Lease, without any penalty,
upon three hundred and sixty-five (365) days written notice to the LANDLORD, for any reason
whatsoever.
3. Rent for Lease. From the Commencement Date of this Lease, the TENANT shall pay the
LANDLORD thirty-one thousand dollars ($31,000.00) per month, as Rent for the Premises ("Rent").
4. Rent Adjustment On the eighth (8th) anniversary of the Commencement Date, the annual rent for
each twelve (12) month period shall be increased and that increase shall be an amount equal to the prior
twelve month's rent plus one percent (1.0%).
5. Place and Date of Payment. Payments due under this Lease from the TENANT to the LANDLORD
shall be paid at the address of the LANDLORD set forth above or at such other place as LANDLORD may
designate in writing. The Rent due under Paragraphs 3 and 4 of this Lease shall be paid on a monthly
basis. The Rent shall be paid on the first calendar day of each month or another date agreed to by both
Parties, in writing.
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6. Partial Month Rent Proration. Should the Commencement Date be other than the first calendar day
of a month, then the Rent for such month shall be prorated upon a daily basis based upon a thirty (30) day
calendar month. Should this Lease terminate or expire other than the first calendar day of the month, then
the Rent for such month shall be prorated upon a daily basis for a thirty (30) day calendar month.
7. Failure to Perform. In the event the LANDLORD fails to perfonn or comply with any obligation or
requirement of this Lease, the TENANT shall give the LANDLORD five (5) business days written notice
of such failure. If the LANDLORD does not perform or comply with the obligation or requirement within
the five (5) business day period, then the TENANT may perform or cause the compliance with the
obligation or requirement. TENANT may deduct any reasonable costs associated with performing or
complying with the obligation or requirement of the Lease from the Rent. In an emergency situation, the
TENANT may perform or cause compliance with the obligations or requirements of the Lease without
prior written notice to the LANDLORD and still may deduct reasonable costs from the Rent. Upon
request, the TENANT shall provide the LANDLORD with an itemized invoice or statement for the costs
associated with performing or complying with the obligations or requirements in the Lease.
8. Hold Over. In the event the TENANT holds over after the expiration of the Renewal Term 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.
9. Use and Occupancy. The Premises shall be used as a Courthouse. The Premises shall not be used in
violation of any law, municipal ordinance, or regulation. Upon expiration or termination of this Lease, the
TENANT shall surrender the Premises in the same condition when taken, normal wear and tear excepted,
and shall remove its personal property.
1 0. Equipment and Furnishings. The TENANT shall provide, at its own expense, all computer and
telephone systems, furniture and equipment it deems necessary. The TENANT, at its own expense, shall
be solely responsible for the maintenance and repair of all computer and telephone systems, furniture and
equipment.
1 1 . Taxes. From and after the Commencement Date of this Lease, the TENANT agrees to pay all real
estate taxes assessed or imposed on the Premises directly to the taxing authority prior to the date on which
any penalty for nonpayment of such taxes attaches. The taxes for the year in which the Lease ends or is
terminated shall be prorated and adjusted between the LANDLORD and TENANT on the due-date basis.
12. Utilities. The TENANT shall be solely responsible for and promptly pay all charges for water, gas,
heat, electricity, telephone, sewer, and any other utility used upon or furnished to the TENANT, The
LANDLORD agrees to provide utility service lines into the Premises and separate meters for utilities used
upon or furnished to the Premises.
13. Maintenance, Repairs and Services. The division of responsibilities between the LANDLORD and
the TENANT as they relate to maintenance, repairs, and services on, about, or to the Premises are set forth
in Exhibits B, C and D. Exhibits B, C and D are incorporated by reference into this Lease.
13 . L Costs. Each Party shall be solely responsible; as set forth in Exhibits B, C, and D, for the
costs associated with providing maintenance, repairs, and services on, about or to the Premises.
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13.2. Third-Party Contractors. Either Party may hire a third-party to perform the maintenance,
repairs, and services on, about, or to the Premises, as required by this Lease. The responsibilities
contained in this Lease shall not be diminished in Any mapner if a Party hires a third-party to perform
the responsibilities.
14. Alterations or Improvements. Except as set forth in this Lease and Exhibits, neither the
LANDLORD nor the TENANT shall make any alterations or improvements on, about, or to the Premises
without the prior written consent of the other party. Such consent shall include approval of designs for
alterations or improvement; approval of Contractors to perform the alternations or improvements; and any
request for proposals for the alterations or improvements. 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 the
LANDLORD immediately upon the completion, unless agreed to in writing by the Parties.
15. Indemnification/Liability.
15.1. The LANDLORD shall save, defend, indemnify and hold the TENANT harmless from and
against any and all loss, cost, liability, damage, expense (including, without limitation, reasonable
attorneys' fees, litigation expenses, or court costs), penalties, fines and claims whatsoever in
connection with loss of life, personal injury and/or damage to property arising from any acts or
omissions of the LANDLORD, its agents, or employees.
15.2. TENANT shall be responsible for property damage to the Premises, including the structure
thereon or fixtures attached to the structure, up to $5,000.00 per occurrence, which is caused by the
acts of TENANT, TENANT'S employees or officers, or third-parties on the Premises for Court
purposes, normal wear and tear to the Premises is excluded from this Section.
16. Landlord Insurance. The LANDLORD agrees to provide the following insurance or similar
insurance:
16.1. Commercial General Liability Insurance in the minimum amount of $1,000,000 Combined
Single Limit per occurrence, including Contractual Liability coverage recognizing this contract. The
TENANT shall be an additional named insured on such policy.
16.2. LANDLORD shall cause the Premises, including the structure and improvements located
thereon, to be insured against loss or damage under a policy or policies of fire and extended coverage
insurance, including "additional perils."
16.3. All Insurance Certificates are to provide 30 days notice of material change or cancellation.
Certificates of Insurance and insurance binders must be provided no less than ten (10) working days
before commencement of this Lease.
16.4. Waiver of Subrogation. LANDLORD and LANDLORD'S insurance carrier agree to waive
all rights of subrogation against TENANT for any loss or dame to the Premises and/or structure
thereon exceeding $5,000.00, provided, however, that if LANDLORD makes a claim to its insurance
carrier for such damage caused by TENANT, TENANT'S employees or officers, or third-parties on
the Premises for Court purposes, then TENANT shall pay LANDLORD'S insurance deductible up to
$5,000.00.
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17. Tenant Insurance. TENNAT is self-insured as to liability claims. Any personal property kept on the
Premises by TENANT shall be insured at TENANT'S sole risk and at its discretion. The TENANT and
TENANT's insurance carrier agree to waive all rights of subrogation against the LANDLORD and
LANDLORD'S insurance carrier for any loss or damage to TENANT'S personal property kept on or at the
Premises.
18. Destruction of Premises. In the event, the Premises are partially or totally damaged or destroyed by
fire or other casualty, the damage to the Premises shall be promptly repaired or rebuilt by the
LANDLORD. Notwithstanding any other provision in this Lease, if the Premises cannot be repaired or
rebuilt within one hundred eighty (180) days after such damage, destruction, or casualty, then the
TENANT shall have the right to terminate this Lease and vacate the Premises upon written notice to the
LANDLORD, after the expiration of such one hundred eighty (180) day period. In any event, 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. If more than fifty percent (50%)
of the Premises are damaged or destroyed by a casualty, then the LANDLORD may elect to either repair or
rebuild the Premises or to terminate this Lease by giving written notice to the TENANT within thirty (30)
days after the occurrence of such damage or destruction.
19. 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. Notwithstanding any provision of this Lease, if the LANDLORD fails to comply with
such laws and regulations, then 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 (or
as to any matter that cannot reasonably be cured within such one hundred fifty (150) day period, then
LANDLORD shall not be in violation of this Section, if LANDLORD commences such cure within the
one hundred fifty (150) day period and thereafter diligently prosecutes such cure until completion). If the
LAN DLORD complies with the laws and regulations within the one hundred fifty (150) day period, the
TENANT shall not have the right to terminate the Lease.
20. Security. The TENANT is solely responsible for interior security measures and devices for the
Premises.
21. Access. The TENANT shall allow the LANDLORD access to the Premises during regular business
hours or at other times mutually agreed to by the Parties for the purposes of inspecting, repairing and/or
maintaining the Premises as may be required under this Lease. The LANDLORD shall use its best efforts
not to disrupt the usual operations of the TENANT at the Premises. The TENANT shall also allow the
LANDLORD access to the Premises at any time in case of an emergency. Given TENANT'S use of the
Premises as a courthouse, an employee of TENANT may have to escort LANDLORD or LANDLORD'S
agents or contractors while on the Premises.
22. Signs. The TENANT may attach, install or erect signs on the interior walls of the Premises as
necessary for the TENANT'S use of the Premises. The TENANT may not install or erect a sign on the
exterior walls of or the area surrounding the Premises without the prior written approval of the
LANDLORD and the City of Novi as to the form, content, material, lighting and structure thereof.
23. Assignment. The TENANT shall not assign, sublet or in any manner transfer this Lease or any estate
or interest herein without the prior written consent of the LANDLORD. Notwithstanding the foregoing, in
the event of the State of Michigan, by action of its legislature, takes over and assumes responsibility for the
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52/1 District Court or assigns the responsibility for the District Court to another governmental entity, the
TENANT may assign its interest in this Lease to the State of Michigan or other governmental entity, which
shall in writing assume all of the liabilities and obligations of the IENANT under this Lease. The interest
of LANDLORD in the Lease may be sold, conveyed, assigned or otherwise transferred without the consent
of TENANT, but any such sale, conveyance, assignment or transfer shall be subject to this Lease and the
documents accomplishing such sale, conveyance, assignment or other transfer shall expressly require
compliance with all terms and conditions of this Lease. Upon any such transfer of LANDLORD's interest
in the Lease, LANDLORD shall have no further obligation under the Lease or to TENANT, except to the
extent any obligation accrued prior to the date of such transfer.
24. Parking. The LANDLORD agrees to provide sufficient parking at the Premises for the TENANT'S
use of the Premise, provided, however, that a minimum of 227 parking spaces shall be provided for
TENANT'S exclusive use. The TENANT may use additional parking spaces, if available.
25. Eminent Domain. If the whole Premises are taken by any public authority under the power of
eminent domain, then this Lease shall he 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 teiniinate 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.
26. Quiet Enjoyment. Upon performance of its obligations under this Lease, the TENANT shall
peacefully and quietly hold and enjoy the Premises without hindrance or interruption by the LANDLORD,
its agents or employees, subject to the terms of this Lease.
27. Modifications. This Lease may be modified or amended only by written agreement of the LANDLORD and the TENANT.
28. Governing Law. is Lease shall be interp e ed under and governed by the laws of the State of
Michigan.
29. 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. Right to Mortgage. The LANDLORD reserves the right to subordinate this lease to the lien of any
mortgage now or hereafter upon LANDLORD'S interest in the Premises and on the land and buildings of
which the Premises are part or upon any buildings hereafter placed upon the land of which the Premises
form a part. The TENANT agrees to execute and deliver upon demand an instrument or instruments
subordinating this lease to the lien of any such mortgage or mortgages. TENANT agrees, within twenty
(20) days after LANDLORD'S request, to execute an estoppel certificate in a form reasonably acceptable
to LANDLORD or any third party relying on said estoppel certificate.
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
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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. 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. The Current Lease executed by the Parties on April 12, 2005 is terminated and is null and void.
33. 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.
34. 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.
35. Notice. Any notice or other communication required or desired to be given shall he deemed to have
been sufficiently given for all purposes if delivered personally to the Party to whom the same is directed, or
if sent by registered or certified mail, postage and charges prepaid, addressed to the address of such Party
as set forth above. Any notice which is served personally shall be deemed to be given on the date on
which the same is actually served, and any notice which is sent by mail shall be deemed given two (2) days
after the same is deposited in a regularly maintained receptacle for the deposit of United States mail,
addressed as provided in the immediately preceding sentence. Any Party may change its address for
purposes of this Lease by giving the other Party written notice of the address change
36. 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 TENANT.
37. Default. If the TENANT defaults in any of its obligadons under this Lease, the LANDLORD shall
have all remedies available to it under the law.
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IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year above written.
HithINA.WA NOW HOLDEN-GS, LLC (LANDLORD)
By:
WITNESS Kenny Hannawa
Managing Member
The foregoing instrument was acknowledged before me this day of Hannawa. ,201 bv Kenny
Notary Public, State of Michigan, Oakland County,
My Commission Expires:
Acting in the County of Oakland
COUNTY OF OAKLAND, a Michigan Constitutional
Corporation (TENANT)
By:
WITNESS
Michael J. Gingen
Chairperson, Oakland County Board of Commissioners
The foregoing instrument was acknowledged before me this day of , 201 by Michael J. Gingell of the Board of Commissioners on behalf of the County of Oakland.
Notary Public, State of Michigan, Oakland County,
My Commission Expires:
Acting in the County of Oakland
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EXHIBIT B
The LANDLORD and the TENANT shall perform and/or provide or cause a third party to
perform and/or provide the following maintenance, repairs, and services on, about, or to the Premises as set
forth below.
Item Responsibility of
Floor mats for the entries and exists of the structures
Pest control for the interior of the structure
Custodial services for the interior of the structure and
Parking Lot
Interior and exterior window cleaning
Routine cleaning and minor repair of carpet and floors
Restroom fixtures (including toilet paper holders, soap
dispensers, paper towel holders, toilets, stalls, sinks and
counters)
Painting interior walls and doors
Ground maintenance and all landscaping (including but not
limited to shrubs, trees, flowers, turf and mulch, moving and
trimming of such items and related exterior pest
management)
Snow and ice removal
Trash removal for the Premises, including the Parking Lot
Fire Extinguishers
Light bulb replacement, excluding conversion of light bulbs
from T12 to T8
Alterations or changes to structure requested by TENANT
for TENANT'S operation of the District Court
Any repair to parts of the plumbing system beyond bathroom
fixtures
Electrical System maintenance and repair, including but not
limited to, wiring, connections, relays, distribution panels,
switchgear, or other components of the building electrical
system
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TENANT
TENANT
TENANT
TENANT
TENANT
TENANT
TENANT
TENANT
TENANT
TENANT
TENANT
TENANT
TENANT
LANDLORD
LANDLORD
Building fire alarm, annunciator panel, lights, strobes,
wiring. transformers
Building fire suppression system
Exit lights, emergency lighting retrofits (excluding light bulb
replacement)
Exterior Concrete repairs
Exterior Masonry repairs
Air or moisture penetration thru the building envelope
Window and sealing repair or replacement due to weather
damage or defect of workmanship only
interior doors, built-in cabinetry, or counter top
repair/replacement due to normal wear and tear / usage only
Repair/replacement/moving of specialty items (coat hooks,
stall and other handrails, broken electrical outlets, switches,
etc.)
Preventive Maintenance for HVAC
(Parties shall draft an agreement to set forth Preventative
Maintenance for HVAC)
Exterior and interior light fixtures, including 112 to 18
conversions of existing fixtures, as needed
Parking lot and sidewalks, including repair and replacement
of asphalt and concrete
Heating, ventilation, and air conditioning (HVAC) for the
structure
Exterior doors, roof, walls, fixtures (other than restroom
fixtures), and ceiling of structure beyond interior painting
LANDLORD
LANDLORD
LANDLORD
LANDLORD
LANDLORD
LANDLORD
LANDLORD
TEN ANT
TENANT
LANDLORD/TENANT
LANDLORD
LANDLORD
LANDLORD
LANDLORD
CAPITAL IMPROVEMENTS/REPLACEMENTS/RESOLUTION OF INSPECTION FINDINGS
The Parties acknowledge that during the first year of this Lease certain capital improvements to the
Premises shall be made by LANDLORD, at its sole expense. Those capital improvements to the Premises
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include the following: (1) new roof, (2) repairs to the building envelope (tuck pointing, caulking, cleaning,
sealing, and window replacements), (3) repairs/replacement of parking lot, and (4) repairs/replacement for
HVAC system for the Premises. During the design, selection, and implementation of LANDLORD's
capital improvements/projects, TENANT shall have the right to review all work and documents and offer
comments/suggestions.
TRIAGE OF CALLS REGARDING MAINTENANCE AND REPAIR ISSUES FOR THE
PREMISES
TENANT'S Department of Facilities Management shall be responsible for fielding all calls
regarding maintenance, repair, and service issues for the Premises. After fielding the call, the Department
of Facilities Management shall determine if the maintenance, repair or service issue is the responsibility of
the TENANT or LANDLORD pursuant to Exhibit B, C or D. If the Department of Facilities Management
determines that the maintenance, repair or service issue is the responsibility of LANDLORD, then the
Department shall immediately contact LANDLORD and LANDLORD shall immediately respond and
commence maintenance, repair or service. If there is a disagreement between the Parties as to whose
responsibility correcting an issue is, then such disagreement shall be communicated to the other Party via a
written letter clearly stating the following: (1) what the maintenance, repair or service issue is, (2) why the
issue is the responsibility of the other Party, and (3) any other relevant rationale.
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EXHIBIT C
The LANDLORD and the TENANT shall inspect the Premises prior to signing this Lease. During
this inspection, the TENANT and LANDLORD shall create a list that identifies maintenance, repairs, and
services to be performed by Landlord. The items identified during the inspection may or may not be listed
in Exhibits B and D and inclusion on this initial list shall not in any manner change the responsibilities as
set forth in Exhibits B and D. The items identified on such list shall be completed or performed within
ninety (90) days of the Commencement Date of this Lease and shall include, but not limited to the
following:
Carpeting:
2012 Phase: Replace carpet throughout court; except lobby; courtroom 2; courtroom 3; and courtroom 4
Clean Judge Bondy's chambers carpet
Clean Judge Powers' chambers carpet
Repair/replace carpet by Judge MacKenzie's desk
Lights:
Deliver round, vanity and beam lights for custodiallemployee usage
Lights Bulbs Needed:
Outside women's public restroom
Jury assembly
Storage by ticket area
Probation emergency exit
Clerk office
Conference room in lobby
Screen cover over light in holding
Fad itv/General:
Cleaning air vents through court
Door hinge repair when entering Judge Bondy courtroom.
Soap installation in jury assembly bathroom; jury assembly between chambers
Repair thy wall; large hole in filing storage
Spray for insects; ant problem currently
Rust removal by Judge Bondy exit; probation offices exit; clerk exit exit and clerk exit
Hole in wall by lobby probation; also door hinge repair
Window washing
Toilet leakage in women's staff bathroom; and urinal in men's public bathroom
Painting as needed by wall marks and dry wall repair
Security Issue:
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Fix employee enhance doors—doors not shutting completely
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EXHIBIT D
The following service levels shall apply to the responsibilities set forth in Exhibit B.:
Janitorial (custodial services are not required on observed District Court holidays)
Carpet Cleaning / Shampooing — accidents/spots M-F
Carpet Cleaning / Shampooing — general/overall Semi-annual
Carpet-Vacuuming Bi-weekly
Spot Clean M-F
(furniture, walls, carpeting, partition glass, wall switch plates, door hardware, etc.)
Empty, Clean, and Reline Waste Containers with Plastic Liners M-F
Empty Recycled Paper Bins Weekly
Dumpster Weekly minimum
Clean and Refill Paper Towel/Soap Dispensers M-F
Dust Mop / Damp Mop Floor with Geinticidal Disinfectant M-F
Hard Surface Stripping and Waxing (Floors) — general/overall Annual
Empty / Clean Interior of Refrigerators with Germicidal Disinfectant As needed
Wash / Scrub Sinks and Fixtures with Germicidal Disinfectant M-F
Clean / Disinfect Phones Weekly
Dust/Wash Vertical Surfaces Weekly
(furniture, equipment, hand rails, window ledges, kick plates, Venetian blinds, partition glass, wall switch
plates, door hardware, etc.)
Desk / Counter / Chair Mats Cleaning Weekly
Vacuum Upholstered Chairs Monthly
Air Vent / Grill Cleaning Qrtiy,
Window Cleaning — interior Qrtly.
Window Cleaning — exterior Semi-annual
Provide / Clean Floor Mats Weekly
Respond to Complaints Two hours
Comply with District Court Standards for, and Provision of Supplies Daily
(restroom and break room paper products, tissue, hand soap / sanitizer, personal hygiene products, etc.)
Pest Control
As needed Rodents, Insects
Preventative Services
Additional Services
U.S. Department of Agriculture Certification
integrated Pest Management Practices
Respond to Complaints
Two hours
Mechanical / HVA C
Mechanical / HVAC inspections / Coil Cleaning / Belts / System Mods
Air Filter Changes
Day-to-Day Maintenance Supplies
Seasonal Start-up/Inspection
OSHA Safety Testing
Michigan Boiler Inspections / Certifications
13
52-1 LEASE-FINALDOC
Monthly
Qrtly.
M-F
Semi-annual
Annual
Per code
Testing of Water Treatment
Testing / Certification (back flow preventers — lawn irrigation, etc.)
Remote Control of Al] Room Temperatures
Respond to High / Low Temperature Complaints
Electrical
Lamp / Ballast Replacement
Clean Fixtures / Lenses
Misc. PM and Testing
Respond to Complaints
Security / Life Safety
Fire Extinguisher Inspections / Tagging
Door / Window Inspections (closing securely, locked from outside, etc.)
Panel and Alarm Testing
Monitor Building Alarms
Respond to Complaints
Qrtly.
Qrtly.
Daily
Two hours
As needed
Semi-annual
Monthly
Two hours
Monthly / Annual
Weekly
Monthly
Daily
Two hours
Building Envelope / Roof/ Pavement
Inspection of Building Envelope / Roof Spring/Fall/After storms
(coping, flashing, mortar joints, caulking joints, wall surfaces inside and out, etc..)
Building Envelope / Roof Repairs As needed Pavement Repairs (crack seal, re-striping, leveling, curb/sidewalk/ lot) As needed
Leaks / Respond to Complaints Two hours
Grounds
General Clean Up
Seasonal Opening / Winterization of Irrigation System
Weeding
Mulching
Tree & Shrub Feeding / Trimming
Fertilizing
Mowing / Edging / Removal of Clippings
Flower / Other Planting
Emptying of External Trash Cans / Smoking Urns, etc.
Parking Lot Sweeps
Walkway Sweeps
Bed Work
Bi-weekiy
Semi-annual
Weekly
Annual and as needed
As needed
Four times/year
Weekly
Annually
Bi-weekly
Bi-weekly
B i-weekly
Bi-monthly
(maintain a neat appearance, cultivate soil areas, provide soil hydration and weed control, trim soil edged
beds)
Other Procedures As needed
(chemical turf weed controls, irrigation system repairs/maintenance, aerating, power raking, leaf removal,
soil conditioning, pest control, late season mowings)
Snow Removal / Salting As needed (keep entrances, walks, and lots clear of snow and ice to minimize risk of accidents / injuries; snow
plowing required when snow fall exceeds 1.5 inches)
14
52-1 LEASE-FINALDOC
Respond to Complaints Two hours
Sig-,nage — Internal
As needed
Painting & Decorating Rotating / five years
Material Safety Data Sheets On-going
15
52-1 LEASE-FINALDOC
Resolution #13141 May 22, 2013
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC #13141) June 13, 2013
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF LEASE FOR 52-1
NOVI DISTRICT COURT
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 Authorizes the seven-year lease with the Landlord, Hannawa
Holdings, LLC for the building located at 48150 Grand River Avenue, Novi,
Michigan that provides courthouse facilities for the 52-1 District Court.
2. The Department of Facilities Management has negotiated terms and conditions
of the new lease with the Landlord, Hannawa Holdings, LLC.
3. The lease agreement provides the Court to continue to occupy the existing
courthouse for a seven-year term.
4. The term of the new lease is from July 1,2013 until June 30, 2020. Rent for said
term will be $31,000 per month or $372,000 annually, a decrease of $121,241
per year from the current amount. The decrease in rent reflects a rent concession
of 7% and the fact that the County will assume responsibility for the day-to-day
building maintenance / custodial / grounds services that will improve the quality
and timeliness of such services.
5. On July 1, 2020 which is the eighth anniversary of the date of the
commencement of the lease, annual rent shall increase by 1% from the previous
year's annual rent.
6. The decrease for rent will be included in the FY 2014 — FY 2016 County
Executive Recommended budget.
7. The following budget amendment is recommended to the FY 2013 budget:
General Fund (#10100)
Expenditures
3020201-121020-731626 Rent
9010101-148050-775754 Maintenance Dept. Charges
FY 2013
$ (30,433)
30,433
0
FIN4NCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #13141 June 13, 2013
Moved by Taub supported by McGillivray the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles,
Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (18)
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).
- -41-"— -
I HEREBY A; PROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (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 June 13, 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 13th day of June, 2013.
Lisa Brown, Oakland County