HomeMy WebLinkAboutResolutions - 2013.11.13 - 21098MISCELLANEOUS RESOLUTION # 13283 October 30, 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 CONSOLIDATED
SCHOOLS 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 all
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 CONSOLIDATED
SCHOOLS
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.
FISCAL NOTE ..(MISC. #13283) November 13, 2013BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/DEPARTMENT OF CORPORATION COUNSEL
- FIRST AMENDMENT TO THE LEASE WITH WALLED LAKE CONSOLIDATED SCHOOLS FOR THE
WOMEN, INFANTS, & CHILDRENS PROGRAM OF THE HEALTH & HUMAN SERVICES
DEPARTMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule Xll-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The resolution approves and authorizes an amendment to the lease agreement originally
approved per M.R. #11257 between the County of Oakland and the Walled Lake
Consolidated School District for the lease of 720 square feet of office space and common
areas located at 615 North Pontiac Trail, Walled Lake, Michigan.
2. The lease agreement is for a 12-month term, which shall commence July 1, 2013,
terminating on June 30, 2014. The agreement may be extended on a year-to-year basis
upon mutual written agreement of the parties.
3. The cost of the lease is $720 per month, or $8,640 annually, and includes all building
maintenance, custodial services, and utilities.
4. The County of Oakland has the right to cancel this lease for any reason upon one hundred
twenty (120) days advance written notice to Walled Lake Consolidated School District with no
penalty.
5. Expenses from this agreement are included in the FY 2013 and FY 2014 Budgets. No
budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #13283 November 13, 2013
Moved by Crawford supported by Jackson (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, Runestad, Scott, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (19)
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).
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 November 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 atPontiac, Michigan this 13,h day of November 2013.
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL45.559A (7)
Lisa Brown, Oakland County