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HomeMy WebLinkAboutResolutions - 2013.10.30 - 21090MISCELLANEOUS RESOLUTION# 13283 October30, 2013 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/DEPARTMENT OF CORPORATION COUNSEL - FIRST AMENDMENT TO THE LEASE WITH WALLED LAKE CONSOLIDATEDSCHOOLS FOR THE WOMEN, INFANTS, & CHILDREN'S PROGRAM OF THE HEALTH & HUMAN SERVICES DEPARTMENT To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, via MR #11257, approved the lease of approximately 720 square feet of office space from Walled Lake Consolidated Schools (WLCS) in the Walled Lake Community High School building for the Women, Infants, & Childrens Program (WIC) of the Health & Human Services Department; and WHEREAS the original lease stated the County was to pay rent to the WLCS of $720 per month for the leased space and that the lease was renewable annually with the mutual consent of both parties; and WHEREAS County Administration supports the continued presence of the WIC program in the southwest region of the County and supports continuing the lease of space from WLCS; and WHEREAS the Department of Facilities Management, with the assistance of Corporation Counsel, negotiated the terms and conditions of a first amendment to the lease attached hereto; and WHEREAS the first amendment to the lease allows the lease to automatically renew for successive one (1) year terms commencing on July 1 and ending on June 30 of the immediately following year with no change in rent; and WHEREAS the lease can be terminated at any time for any reason by either party with one hundred twenty (120) days advanced written notice to the other party; and WHEREAS the Department of Facilities Management and Corporation Counsel have reviewed and/or prepared all necessary documents related to the first amendment to the lease and recommend its approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and accepts the terms and conditions of the attached first amendment to the lease for 720 square feet of space in the in the Walled Lake Community High School building. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or his/her designee to execute the attached first amendment to the lease and ail other related documents between the County and WLCS which may be required for the continued lease of such space. 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. FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "First Amendment") is entered into as of July 1, 2013 (the "Effective Date") and is attached to and made part of the Lease Agreement dated , 2011 (the "Lease") by and between WALLED LAKE CONSOLIDATED SCHOOLS, a Michigan general powers school district, whose address is 850 Ladd Road, Building D, Walled Lake, Michigan 48390 (the "Landlord"), and THE COUNTY OF OAKLAND, a Michigan municipal corporation, whose address is 1200 N. Telegraph Road, Waterford, Michigan 48341 (the "Tenant"). RECITALS WHEREAS, the Lease provides that the Landlord and Tenant may extend the Lease Term for subsequent one (1) year terms, provided the Landlord and Tenant mutually agree in writing on an annual basis; and WHEREAS, the Landlord and Tenant desire to amend the Lease regarding the procedure necessary to renew/extend the Lease Term for subsequent years. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: A. THE FOLLOWING PARAGRAPH WITHIN THE LEASE IS HEREBY AMENDEDAND RESTATED IN ITS ENTIRETY AS FOLLOWS, AS IF THE SAME HAD BEENORIGINALLY INCORPORATED THEREIN: 35. Unless otherwise terminated by Landlord or Tenant in accordance with Paragraph 36 of this Lease, this Lease shall automatically renew for successive one (1) year terms (each a "Renewal Term") commencing on July 1 and ending on June 30 of the immediately following year. B. THE LEASE IS HEREBY RATIFIED AND REAFFIRMED, AND SHALL CONTINUE IN FULL FORCE AND EFFECT IN ACCORDANCE WITH THE PROVISIONS THEREOF EXCEPT AS MODIFIED BY THIS FIRST AMENDMENT. IN THE EVENT OF A CONFLICT BETWEEN THIS FIRST AMENDMENT AND THE LEASE, THIS FIRST AMENDMENT SHALL CONTROL. C. This First Amendment may be executed in counterparts and facsimile signatures shall have the same force and effect as original signatures. Signatures on Following Page WHEREAS, the Landlord and Tenant have executed this First Amendment to Lease Agreement by their respective authorized designated representatives as of the Effective Date. LANDLORD: WALLED LAKE CONSOLIDATEDSCHOOLS By: Its: TENANT: THE COUNTY OF OAKLAND By: Its: 9724065.1 21925/098778 2 Resolution #13283 October 30, 2013 The Chairperson referred the resolution to the Finance Committee. There were no objections.