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Home My WebLink AboutResolutions - 2014.06.11 - 21375MISCELLANEOUS RESOLUTION #14142 June 11,2014 BY: PLANNING AND BUILDING COMMITTEE, JIM RUNESTAD, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT / OAKLAND COUNTY PARKS AND RECREATION COMMISSION - LEASE AMENDMENT #1-OAKLAND COUNTY 4-H FAIR ASSOCIATION — SPRINGFIELD OAKS COUNTY PAM( To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland is the owner of Springfield Oaks County Park; and WHEREAS, a building, identified as Building E at 12451 Andersonville Road, Davisburg, Michigan 48360, is located on the grounds of Springfield Oaks County Park; and WHEREAS, the Oakland County Parks and Recreation Commission approved a lease of said building (Building E) located at 12451 Andersonville Road, Davisburg, Michigan 48350, to the Oakland County 4-H Fair Association for a period commencing March 26, 2009 through September 30,2014 at the February 11,2009 meeting; and WHEREAS M.R. #09051 was adopted by the Oakland County Board of Commissioners on March 26, 2009 approving the Lease Agreement for Building E/Administration Building at 12451 Andersonville Road, Davisburg, Michigan between the County of Oakland and Oakland County 4-H Fair Association, a non-profit organization, for a term ending September 30, 2010 and authorizing four (1) automatic one-year renewals through September 30, 2014; 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 Amendment #1. NOW THEREFORE BE IT RESOLVED, that the Oakland County Board of Commissioners approves and authorizes Amendment #1 to the Lease Agreement between the County of Oakland and the Oakland County 4-H Fair Association, a non-profit organization, for the building (Building E) located at 12451 Andersonville Road, Davisburg, Michigan 48350, for the term ending September 30, 2016 and directs its Chairperson or designee to execute said lease 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 AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote with Woodward absent. gAICANDCOUNTYPARKS OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA MAY 7, 2014 AGENDA ITEM NO. 9 INTERNAL SERVICES To: Chairman Fisher and Commission Members From: Phil Gastonia, Business Development Representative Submitted: May 8, 2014 Subject: Oakland County 4-H Fair Association - Amendment #1 INTRODUCTION AND HISTORY The Oakland County Parks and Recreation Commission approved the original lease at their February 11, 2009 meeting. Staff had executed the lease of Building E at Springfield Oaks County Park to the Oakland County 4-H Fair Association for use as office and meeting space on March 26, 2009. The lease was drafted with the assistance of Corporation Counsel. The current lease expires September 30, 2014. Both Parties desire to amend the Lease to extend it to December 31, 2016, so the Lease will terminate on the same date as the Oakland County Fair Cooperative Agreement between the Parties, STAFF RECOMMENDATION Staff recommends adopting the attached resolution in support of the lease amendment, which will be forwarded to the Oakland County Board of Commissioners for final approval. ATrACHM E NTS Original Signed Lease Agreement with the Oakland County 4-H Association from 2009 - Lease Amendment #1 -Oakland County 4-H Fair Association; Springfield Oaks County Park - Resolution for LeaseAmendment-Oakland County 4-H Fair Association; Springfield Oaks County Park MOTION Move to adopt the proposed resolution approving lease amendment #1 with the Oakland County 4-H Fair Association for Building E at Springfield Oaks County , Park, located at 12451 Andersonville Road, Davisburg, MI 48350 and forward it to the Oakland County Board of Commissioners for final approval. MISCELLANEOUS RESOLUTION IN RE: LEASE AMENDMENT #1-OAKLAND COUNTY 4-H FAIR ASSOCIATION — SPRINGFIELD OAKS COUNTY PARK To the Oakland County Parks and Recreation Commission Chairperson and Commissioners: WHEREAS, the County of Oakland isthe owner of Springfield Oaks County Park; And WHEREAS, a building, identified as Building E at 12451 .Andersonville Road, Davisburg, Michigan 48350, is located on the grounds of Springfield Oaks County Park; and WHEREAS, the Oakland County Parks and Recreation Commission approved a Lease of said building (Building E) located at 12451 Andersonville Road, Davisburg, Michigan 43350, to the Oakland County 4-H Fair Association for a period commencing March 26, 2009 through September 30,2014 at the February 11, 2009 meeting; 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 Amendment #1. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission hereby recommends the Oakland County Board of Commissioners approve and authorize the attached Lease Agreement between the County of Oakland and the Oakland County 4-H Fair Association. BE 11 FURTHER RESOLVED that the Oakland County Parks and Recreation Commission hereby requests the Board of Commissioners direct its Chairperson or designee to execute said lease on behalf of the County of Oakland. Moved by: Mrs. Long Supported by: Mr. Kostin Date: May 7, 2014 AYES: Baumhart, Fisher, Jamian, Kostin, Lewis, Long, McGillivray, Nash, Scott, VanderVeen (10) NAYS: (0) Motion carried on a unanimous voice vote, FIRST AMENDMENT TO BUILDING LEASE BETWEEN THE COUNTY OF OAKLAND AND THE 4-H FAIR ASSOCIATION This First Lease Amendment (1st Amendment) is entered into this day of , 20 , (Effective Date) between the County of Oakland, a municipal and Constitutional Corporation located at 1200 North Telegraph Road, Pontiac, MI 48341 (Landlord), by and through its statutory agent, the Oakland County Parks and Recreation Commission (OCPRC) and the 4-H Fair Association, a non-profit organization, 12451 Andersonville Road, Davisburg, MI 48350 (Tenant). BACKGROUND A. The Parties entered into a lease dated March 26, 2009 (Lease). This document is attached as Exhibit A. B. The Lease expires on September 30, 2014. C. The Parties desire to amend the Lease to extend it to December 31, 2016, so the Lease will terminate on the same date as the Oakland County Fair Cooperative Agreement between the Parties. D. In consideration of the mutual covenants contained herein, the Parties agree to amend the Lease as follows: 1st AMENDMENT §1. Term. Section 2 of the Lease is entirely deleted and replaced with the following language: "On the Effective Date, this Lease is renewed and extended and will end on December 31, 2016. §2. All other terms and conditions of the Lease shall continue with full force and effect, except as modified herein. §3. This 1 st Amendment and the terms and conditions of the Lease, attached as Exhibit A and incorporated by reference, constitute the entire agreement and understanding between Landlord and Tenant and supersedes any and all other prior oral or written understandings, communications, or agreements between Landlord and Tenant. Page 1 of 4 1 st Lease Amendment (03-14-14) IN WITNESS WHEREOF, acknowledges that s/he has been authorized by the County of Oaldand to execute this 1st Amendment. LANDLORD: COUNTY OF OAKLAND By: Date: WITNESS: By: Date: Subscribed and sworn to before me on the day of , 20 Notary Public, Oakland County, Michigan My Commission Expires: _ Acting in the County Oakland Page 2 of 4 1st Lease Amendment (03-14-14) IN WITNESS WHEREOF, hereby that s/he has been authorized by the Oaldand County 4-H Fair Association to execute this 1 st Amendment. TENANT: OAKLAND COUNTY 4-Fl FAIR ASSOCIATION By: Date: WITNESS: BY: Date: Subscribed and sworn to before me on the day of , 20 Notary Public Oakland County, Michigan My Commission Expires: Acting in the County of Oakland Page 3 of 4 i st Lease Amendment (03-14-14) Exhibit B Building E — Springfield Oaks County Park Page 4 of 4 1 st Lease Amendment (03-14-14) Resolution #14142 June 11,2014 The Chairperson referred the resolution to the Finance Committee. There were no objections.