HomeMy WebLinkAboutResolutions - 2014.07.16 - 21396MISCELLANEOUS 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 PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland isthe owner of Springfield Oaks County Park; and
WHEREAS, a building, identified as Building E at 12461 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 12461 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
Motion carried unanimously on a roll call vote with Woodward absent.
l<LANDCOUNTYPARKS
OAKLAND COUNTY PARKS & RECREATION
COMMISSION AGENDA
MAY 7, 2 014
AGENDA ITEM NO. 9 IF
INTERNAL SERVICES
To: Chairman Fisher and Commission Members
From: Phil Castonia, 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 [ease 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.
ATTACHMENTS
- 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 #1-0AKLAND 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 Eat 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
48360, 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, Us 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 IF 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:
Supported by:
Date:
AYES:
NAYS:
Mrs. Long
Mr. Kostin
May 7, 2014
Saumhart, Fisher, Jamian, Kostin, Lewis, Long,
McGillivray, Nash, Scott, VanderVeen (10)
(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 (1 st 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
1st Lease Amendment
(03-14-14)
acknowledges that s/he has been authorized IN WITNESS WHEREOF,
by the County of Oakland to execute this 1 st Amendment.
LANDLORD: COUNTY OF OAKLAND
By:
Date:
WITNESS:
By:
Date:
Subscribed and sworn to before me on the day of
Notary Public,
Oaldand County, Michigan
My Commission Expires:
Acting in the County Oaldand
Page 2 of 4
1St Lease Amendment
(03-14-14)
IN WITNESS WHEREOF, hereby that s/he has been
authorized by the Oakland County 4-H Fair Association to execute this 1 st Amendment,
TENANT: OAKLAND COUNTY 4-H FAIR
ASSOCIATION
By:
Date:
WITNESS:
BY:
Date:
Subscribed and sworn to before me on the day of
Notary Public
Oakland County, Michigan
My Commission Expires:
Acting in the County of Oakland
Page 3 of 4
lst 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.
FISCAL NOTE (MISC. #141,42) July 16, 2014
BY: FINANCE COMMITTEE, TOM MIDDLETON, 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 PARK
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
named Miscellaneous Resolution and finds:
1. The County of Oakland is the owner of Springfield Oaks County Park and the
building identified as Building E at 12451 Andersonville Road, Davisburg,
Michigan 48350, is located on the grounds of Springfield Oaks Count Park.
2. The Oakland County Parks and Recreation Commission approved a lease of
Building E to the Oakland County 4-H Fair Association, a non-profit organization,
for a period commencing March 26, 2009 through September 30, 2014 at its
February 11, 2009 meeting.
3. The Oakland County Parks and Recreation Commission and the Department of
Facilities Management recommend that the Oakland County Board of
Commissioners accept and approve the terms and conditions of the attached
Lease Amendment #1 to extend the lease to December 31, 2016.
4. A budget amendment is not required.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Middleton absent.
Resolution #14142 July 26, 2014
Moved by Weipert supported by Jackson the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Mats, McGillivray,
Middleton, Scott, Spisz, Taub, VVeipert, 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).
7,- I
I 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 July 16, 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 l6 of July 2014.
Lisa Brown, Oakland County