HomeMy WebLinkAboutResolutions - 2014.04.30 - 21317MISCELLANEOUS RESOLUTION #14100 April 30, 2014
BY: Planning and Building Committee, Jim Runestad, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL OF LEASE
AGREEMENT TO ALLOW OAKNET FIBER OPTIC HUB TO REMAIN IN THE WEST
OAKLAND OFFICE BUILDING IN WALLED LAKE, MICHIGAN, UNTIL IT CAN BE MOVED
INTO THE OUTDOOR FIBER OPTIC HUB EASEMENT AND APPROVAL OF EASEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, pursuant to Miscellaneous Resolution #14035, the Planning and Building
Committee approved the sale of the West Oakland Office Building (WOOB) property at 1010
East West Maple, Walled Lake, MI, to Samara Property Management LLC; and
WHEREAS the County operates a critical OakNet fiber optic hub at WOOB to assist with
the provision of public safety services (police, fire, EMS, etc.) in Oakland County; and
WHEREAS the hub will be relocated to an easement in the southeast corner of the
parking lot by the summer of 2014 pursuant to the document attached as Exhibit A (Easement);
and
WHEREAS the sale of WOOS occurred April 15 th, 2014, and thus the County will need
to continue to use the 90 sq. ft. of office space where the hub is currently located until it is
moved to the parking lot; and
WHEREAS the Departments of Facilities Management and Corporation Counsel
negotiated the attached four month Lease (attached as Exhibit B) with Samara Property
Management to allow for the continued use of the space; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have
prepared and reviewed the Lease and Easement and the Department of Facilities Management
recommends approval of the Lease and Easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the Lease and Easement between the County and Samara Property
Management LLC for the West Oakland Office Building (WOOB) property at 1010 East West
Maple, Walled Lake, MI.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs it
Chairperson or his designee to execute the attached Lease and Easement and all other related
documents between the County and Samara Property Management LLC, which may be required.
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.
Motion for Rule IX.E. Direct Referral to Finance carried on a voice vote.
Exhibit A
GRANT OF EASEMENT
FOR FIBER OPTIC/HUB/HUT
THIS EASEMENT is granted this day of 20 by
Samara Property Management, LLC, a Michigan Limited Liability Company, whose address is
40700 Woodward Avenue, Suite 250, Bloomfield Hills, Michigan 48304("Grantor") to the County
of Oakland, a Michigan Constitutional Corporation, whose address is 1200 N. Telegraph Road,
Pontiac, Michigan 48341, ("Grantee").
Description of Easement: The real property, upon which the Easement is located, is in
the Township of Commerce, Oakland County Michigan with a parcel number of 17-34-
277-044 ("Property'') and is described in Exhibit A. The description and depiction of the
Easement is set forth in Exhibit A ("Easement"). Exhibit A is incorporated by reference
into this Agreement.
2. Purpose/Access: The purpose of this Easement is to permit the construction, operation,
maintenance, replacement and removal of a structure to house a fiber optic hub (herein
after "fiber optic hut/hub"), to provide Grantee with access (ingress and egress) to fiber
optic hub/hut, and to provide utilities for the operation of the fiber optic hut/hub. The
operation of the fiber optic hut/hub is needed to assist with the provision of public safety
services (police, fire, EMS, etc.) in Oakland County. Under no circumstances can the
Easement be used for any other purpose than stated herein.
3. Grant of Easement: Grantor hereby grants and conveys to Grantee a permanent
easement located as described and depicted in Exhibit A for the purposes set forth in
Paragraph 2.
4, Consideration: The consideration for this Easement is one dollar ($1.00) and other
good and valuable consideration paid to Grantor from Grantee, which receipt is
acknowledged. There is no other fee or cost owed to Grantor for this Easement
because this Easement benefits Grantee, which is a governmental entity, and assists
with providing public safety services to the residents of Oakland County, Michigan. This
conveyance is exempt from real estate transfer tax per MCL.207.505(a),(f) and State
real estate transfer tax per 207.526(a),(f).
5. Permits: Grantee shall obtain any required permits, if applicable, from other municipal or
governmental agencies.
6. Abandonment/Termination: In the event that Grantee, its representatives, successors
and assigns do not use the Easement for a period of twelve (12) consecutive months for
the purposes described herein, the Easement shall be considered abandoned and the
Page 1 of 1
FINAL EASEMENT
Exhibit A
7. Easement shall automatically terminate and be extinguished. If the Easement is
terminated and/or extinguished, then Grantee shall abandon the fiber optic hub/hut and
other related improvements in place or upon written request of Grantor (within six (6)
months of the termination of the Easement), remove the fiber optic hut/hub at Grantee's
expense.
8. Damage to and Restoration of Property: Grantee, at its sole cost, shall restore any
portion of the Property which is damaged or disturbed by Grantee's exercise of rights
under this Easement within thirty (30) calendar days from the date of damage or in a
timely manner from the date of damage if restoration is not possible within thirty (30)
calendar days. Such property shall be restored to its immediate prior condition. Any
damage or claim of damage (including but not limited to environmental damage), to
person or property, including property of Grantor, resulting from the use of the Easement
by Grantee or the construction, operation, maintenance, and/or replacement of the fiber
optic hub/hut by Grantee shall be the sole responsibility of Grantee.
9. Duty to Inspect and Maintain: Grantee shall inspect and maintain the fiber optic hub/hut
in a safe condition and shall promptly repair any defects.
10. Easement Runs with Land: This Easement shall run with the Property.
11. Interest in Realty: This Easement and all covenants contained herein shall be binding
upon and inure to the benefit of Grantor and Grantee, their, representatives, successors
and assigns.
Page 2 of 2
FINAL EASEMENT
Exhibit A
Grantor:
By:
Its:
STATE OF MICHIGAN
)SS
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this day of
201 , by on behalf of
the Grantor.
Notary Public
County, Michigan
My Commission expires:
Acting in Oakland, County
Grantee: County of Oakland, a
Michigan Constitutional Corporation
BY:
Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
STATE OF MICHIGAN
)SS
COUNTY OF OAKLAND
The foregoing instrument was acknowledged before me this day of
201 , by Michael J. Gingell, Chairperson, Oakland County Board of Commissioners on behalf
of Grantee
Notary Public
Oakland County, Michigan
My Commission expires:
Acting in Oakland County
Drafted by & Return to:
Jody S. Hall, Assistant Corporation Counsel
Oakland County Corporation Counsel
1200 North Telegraph Road, Department 419
Pontiac, Michigan 48341
Page 3 of 3
FINAL EASEMENT
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•EXHIBIT A
PROPERTY DESCRIPTION
THE LAND SITUATED IN THE COUNTY OF OAKLAND, CITY OF WALLED LAKE. STATE
OF MICHIGAN, IS DESCRIBED AS FOLLOWS;
PART OF LOT 46, OF SUPERVISOR'S PLAT NO. 4, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN LIBER 54A OF PLATS, PAGES 79 AND 79A, OAKLAND
COUNTY RECORDS, DESCRIBED AS: BEGINNING AT A POINT ON THE NORTH LINE
OF SAID LOT SOU11-1 82 DEGREES 52 MINUTES 20 SECONDS WEST, 435.25 FEET
FROM THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 82 DECREES 52
MINUTES 20 SECONDS WEST, 325.00 FEET; THENCE SOUTH 07 DEGREES 07
MINUTES 40 SECONDS EAST, 220.01 FEET; THENCE NORM 82 DEGREES 52
MINUTES 20 SECONDS EAST, 325.00 FEET; THENCE NORTH 07 DEGREES 07
MINUTES 40 SECONDS WEST, 220.01 FEET (220.00 FEET PER TITLE COMMITMENT)
TO THE POINT OF BEGINNING.
TAX ITEM NO. 17-34-277-044
EASEMENT DESCRIPTION
EASEMENT FOR FIBER COMMUNICATION FACILITIES DESCRIBED AS FOLLOWS:
PART OF LOT 46, OF SUPERVISORS PLAT NO. 4, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN LIBER 54A OF PLATS, PAGES 79 AND 79A, OAKLAND
COUNTY RECORDS, DESCRIBED AS: COMMENCING AT A POINT ON THE NORTH LINE
OF SAID LOT SOUTH 52 DEGREES 52 MINUTES 20 SECONDS WEST. 435.25 FEET
FROM THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 07 DEGREES 07
MINUTES 40 SECONDS EAST, 199.11 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 07 DEGREES 07 MINUTES 40 SECONDS EAST, 20.90 FEET;
THENCE SOUTH 82 DEGREES 52 MINUTES 20 SECONDS WEST, 36.31 FEET;
THENCE NORTH 07 DEGREES 07 MINUTES 40 SECONDS WEST, 20.90 FEET;
THENCE NORTH 82 DEGREES 52 MINUTES 20 SECONDS EAST, 36.31 FEET TO THE
POINT OF BEGINNING.
EASEMENT FOR FIBER COA9MUNICA770N
PART OF THE NE 1/4 OF SECTION 34
7-02-N., R.-08-E.
017Y OF WAILED L4KE,
OAKLAND COUNTY, MICHIGAN
Exhibit B
LEASE AGREEMENT
This Lease Agreement ("Lease") is entered into on April 15, 2014, ("Effective Date") between the
County of Oakland, 1200 North Telegraph, Pontiac, MI 48341 ("Tenant") and Samara Property
Management, LLC, a Michigan limited liability company, 40700 Woodward Ave, Suite 250, Bloomfield
Hills, MI 48304, ("Landlord") according to the terms and conditions set forth below.
1. Premises. Tenant leases from Landlord approximately ninety (90) square feet in the building
located at 1010 E West Maple Road, Walled Lake Michigan, which space is depicted in the
diagram attached as Exhibit A (collectively the "Premises"). Exhibit A is incorporated by
reference into this Agreement.
2. Term. The term of this Lease shall commence on the Effective Date and shall end months four
(4) from such date.
3. Tenant Monetary Obligations. Given that Tenant will use the Premises for public safety
purposes, Tenant shall pay Landlord one dollar ($1.00) for the use of the Premises.
4. Use of Premises.
4.1. Tenant shall use the Premises for the location, operation and maintenance of
equipment/personal property that assists in the operation of its fiber optic network. This
fiber optic network is the medium over which certain governmental services, including
public safety services, are provided to the residents of Oakland County.
4.2. Tenant shall not do any of the following or allow another persons to do any of the
following: (1) create any excessive noise or public nuisance; (2) deface or damage any
part of the Premises; (3) except for the locks on the Premises occupied by Tenant, change
the locks or install any additional locks or bolts without Landlord's prior written consent;
(4) accumulate refuse on or around the Premises that might pose a health hazard; and (5)
permit any flammable liquids or explosives to be kept on or around the Premises; and
5. Condition of Premises. Tenant shall keep the Premises in a good condition and shall not cause
waste or allow waste of the Premises. Tenant shall return the Premises to the Landlord in the
same condition as they were upon commencement of this Lease, including cleanliness, normal
wear and tear excepted. At the expiration of the Lease, Tenant shall remove any of its fixtures or
personal property at the Premises, and shall repair any damage caused to the Premises as a result
of such removal.
6. Maintenance, Repairs, and Damage to Premises. During the term of this Lease, Landlord shall
not have any obligation to make any repairs or perform any maintenance to the Premises. Upon
prior written permission from Landlord, which shall not be unreasonably withheld, Tenant (at its
sole cost) may make any repairs or perform any maintenance to the Premises to allow for the
proper operation of Tenant's equipment/property located on the Premises. Tenant shall be liable
for any damages, costs or expenses, including without limitation, reasonable attorney fees that
Landlord may incur with respect to the Premises or as a result of any injury to any person or
property caused by the acts or omissions of Tenant or Tenant's agents, or arising from the
occupancy of the Premises by Tenant.
7. Alterations or Improvements to Premises. Tenant shall not alter or improve the Premises without
prior written consent from Landlord, which shall not be unreasonably withheld. Landlord's
1
Fiber Hub Lease--Final
Exhibit B
consent to a particular alteration or improvement shall not be deemed consent to future alterations
or improvements.
8. Assignment and Sublease of Premises. Tenant shall not assign or sublease the Premises or any
portion thereof.
9. Access to the Premises. Tenant shall have 24 hours per day/7 days per week access to the
Premises. Upon reasonable notice, Tenant shall allow Landlord and Landlord's agents reasonable
access to the Premises to inspect the Premises. Tenant shall also allow insurance carriers and
representatives, fire department inspectors, police, or local health authorities to inspect the
Premises. Given the nature of the equipment/property located on the Premises, on all occasions, a
representative of Tenant must accompany Landlord or its agents when they have access to the
Premises.
10. Property Loss or Damage. Landlord and Landlord's agents shall not be liable for any damage to
Tenant property or loss of Tenant property that is caused by theft or casualty on the Premises.
Landlord recommends that Tenant obtain insurance to protect Tenant's personal property against
such loss or damage.
11. Damage or Destruction of the Premises. If a casualty partially destroys the Premises, either Party
may terminate this Lease by giving the other party written notice within fifteen (15) days after the
casualty. Landlord shall not be liable for any delay or for providing replacement premises for
Tenant during repairs.
12. Utilities for Premises. Landlord shall provide gas and electricity to the Premises for the operation
of Tenant's equipment/property. Landlord shall also provide heat and air conditioning for the
Premises. The Parties acknowledge that heat and air conditioning are required for the operation
of Tenant's equipment/property. Tenant shall be responsible for the costs associated with the
provision of gas and electricity to operate Tenant's equipment/property located on the Premises.
13. Termination of Lease. Tenant may terminate this Lease for any reason upon thirty (30) days
written notice to Landlord. Upon termination of this Lease, Tenant shall surrender possession of
the Premises to the Landlord in the condition they were in when they were delivered to Tenant,
except for normal wear and tear. Upon termination of this Lease, Tenant shall also notify the
Landlord of the move-out date, return all keys to the Premises to Landlord.
14. Hold Over. Tenant may, with Landlord's permission, continue to occupy the Premises after the
term of this Lease expires without renewing this Lease or signing another Lease for the Premises.
Such tenancy shall be on a month-to-month basis and subject to the provisions of this Lease.
15. Notices. Any notices under this Lease shall be in writing and delivered to the recipient
personally, first class mail or by a nationally recognized express courier service at the following
locations, or such other location as either Landlord or Tenant may hereafter specify by written
notice to the other:
Landlord: Samara Property Management, LLC
Attention: Omar Ammori
40700 Woodward Ave
Ste 250
Bloomfield Hills, MI 48304
Fax: (248) 865-0901
2
Fiber Hub Lease—Final
Exhibit B
Tenant: Oakland County Department of
Facilities Management, Property Management
One Public Works Drive, Bldg. 95W
Waterford, MI 48328
Unless otherwise required by law, the date of service shall be the date of delivery.
16. Modifications. No modifications of this Lease shall be binding unless they are in writing and
signed by Landlord and Tenant.
17. Whole Agreement. This Lease sets forth the entire agreement between the Parties. There are no
other verbal or written agreements that are not contained in this Lease between the Parties.
18. Binding Effect. This Lease shall bind and benefit the parties to the Lease and their heirs, personal
representatives, successors, and permitted assigns.
19. Severability. If any provision of this Lease is invalid, unlawful, or unenforceable to any extent,
the rest of the Lease and the application of the provision to the persons or circumstances other
than those for which it is invalid, unlawful, or unenforceable are not affected.
20. Time of the Essence. Time shall be deemed to be of the essence in the performance of this Lease.
21. Effective Date. This Lease is effective on the date stated in the first paragraph.
LANDLORD: SAMARA PROPERTY MANAGEMENT, LLC
Date Witness Date
TENANT: COUNTY OF OAKLAND
Date Witness Date
3
Fiber Hub Lease--Final
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FISCAL NOTE (MISC . #14100) April 24, 2014
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL OF LEASE
AGREEMENT TO ALLOW OAKN ET FIBER OPTIC HUB TO REMAIN IN THE WEST
OAKLAND OFFICE BUILDING IN WALLED LAKE, MICHIGAN, UNTIL IT CAN BE MOVED
INTO THE OUTDOOR FIBER OPTIC HUB EASEMENT AND APPROVAL OF EASEMENT
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 the Lease and Easement between the County of
Oakland and Samara Property Management, LLC for the County's fiber optic hub
that serves the City of Walled Lake and the surrounding communities by
providing access to public safety and OakNet applications and voice services.
2, Miscellaneous Resolution #14035 approved the sale of the West Oakland Office
Building property at 1010 East West Maple, Walled Lake, MI to Samara Property
Management, LLC.
3. The County will continue to use 00 sq. ft. in the building located at 1010 East
Maple Road, Walled Lake, MI where the fiber optic hub is currently located until it
can be relocated to the southeast corner of the parking lot by the summer of
2014 pursuant to the approval of the Easement.
4. The consideration for the Easement is one dollar ($1.00) and permits the
County's access to provide utilities and operations of the fiber optic hub as
outlined in Exhibit A (Easement).
5. The County is responsible for costs of the utilities to operate the fiber optic hub
located on the premises.
6. Additionally, the Departments of Facilities Management and Corporation Counsel
have negotiated a four month Lease with Samara Property Management, LLC to
operate the fiber hub for one dollar ($1.00) for continued use of existing space
until the relocation in the summer of 2014 as defined in Exhibit B (Lease
Agreement).
7. There are sufficient funds available in the FY 2014 Facilities Maintenance and
Operations Fund (#63100) for the utilities and operations of the hub and
therefore no budget amendment is required.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Taub and Crawford absent.
Resolution #14100 April 30, 2014
Moved by Taub supported by Quarles the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
AYES: Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton,
Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Dwyer. (19)
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).
fr
HEREBY APPROVE 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 April 30, 2014,
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 30th day of April 2014.
Lisa Brown, Oakland County