HomeMy WebLinkAboutResolutions - 2014.09.18 - 21506REPORT (MISC. #14209) September 18, 2014
BY: Finance Committee, Thomas Middleton, Chairperson
IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION — WATERFORD
OAKS- ROWLAND LEASE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution, recommends the
following amendments:
Change the 2nd WHEREAS Paragraph:
WHEREAS, a 759-square foot house, identified as 2866 Watkins Lake Road, Waterford, MI
48-386 48328, is located on the grounds of Waterford Oaks County Park; and
Change the 3rd WHEREAS paragraph:
WHEREAS, it is the desire of the Oakland County Parks and Recreation Commission to
lease said house located at 2866 Watkins Lake Road, Waterford, MI 483-86 48328 to Ila Rowland
for a period commencing January 1, 2015 through December 31, 2019; and
Include after the last BE IT FURTHER RESOLVED paragraph:
Chairperson, on behalf of the Planning and Building Committee, I move the adoption
of the foregoing resolution.
Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Matis absent.
MISCELLANEOUS RESOLUTION #14209 September 4, 2014
BY: PLANNING AND BUILDING COMMITTEE, JIM RUNSTEAD, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION — WATERFORD
OAKS- ROWLAND LEASE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of Waterford Oaks County Park; and
WHEREAS, a 759-square foot house, identified as 2866 Watkins Lake Road, Waterford, MI 48386, is
located on the grounds of Waterford Oaks County Park; and
WHEREAS, it is the desire of the Oakland County Parks and Recreation Commission to lease said house
located at 2866 Watkins Lake Road, Waterford, MI 48386 to Ila Rowland for a period commencing
January 1,2015 through December 31, 2019; and
WHEREAS, under the terms and conditions of the attached Lease Agreement Ila Rowland will pay rent
as follows:
January 1, 2015 — December 31, 2015 $776.00 per month
January 1, 2016— December 31, 2016 $791.00 per month
January 1, 2017 — December 31, 2017 $807.00 per month
January 1, 2018 — December 31, 2018 $823.00 per month
January 1, 2019— December 31, 2019 $840.00 per month
each month and pay all utility costs; and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement; 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 Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Lease Agreement between the County of Oakland and Ila
Rowland.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks
and Recreation Rental House Revenue fund line item.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and Ila Rowland, which may be required.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE
Motion carried on a roll call vote.
MISCELLANEOUS RESOLUTION #14209
IN RE: RESIDENTIAL LEASE — ROWLAND — WATERFORD OAKS
To the Oakland County Parks and Recreation Commission
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of Waterford Oaks County Park; and
WHEREAS, a 759-square foot house, identified as 2866 Watkins Lake Road, Waterford, MI
48328, is located on the grounds of Waterford Oaks County Park; and
WHEREAS, it is the desire of the Oakland County Parks and Recreation Commission to lease
said house located at 2866 Watkins Lake Road, Waterford, MI 48386 to ha Rowland for a
period commencing January 1, 2015 through December 31, 2019; and
WHEREAS, under the terms and conditions of the attached Lease Agreement Ila Rowland will
pay rent as follows:
January 1, 2015— December 31, 2015 $776.00 per month
January 1, 2016— December 31, 2016 $791.00 per month
January 1, 2017— December 31, 2017 $807.00 per month
January 1, 2018 — Decernber 31, 2018 $823.00 per month
January 1, 2019 — December 31, 2019 $840.00 per month
each month and pay all utility costs; and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed
and/or prepared all necessary documents related to the attached lease agreement; 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
accept and approve the terms and conditions of the attached Lease Agreement,
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 Ila Rowland.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County
Parks and Recreation Rental House Revenue fund line item.
Date: August 6, 2014
Moved By: Mr. VanderVeen
Supported By: Mr. Scott
AYES: Baumhart, Fisher, Jamian, Kostin, Lewis,
McGillivray, Nash, Scott, VanderVeen (9)
NAYS: (0)
Motion carried on a unanimous voice vote.
RESIDENTIAL LEASE AGREEMENT
NOTICE: MICHIGAN LAW ESTABLISHES RIGHTS AND OBLIGATIONS FOR PARTIES
TO RENTAL AGREEMENTS. THIS AGREEMENT IS REQUIRED TO COMPLY WITH
THE TRUTH IN RENTING ACT. IF YOU HAVE A QUESTION ABOUT THE
INTERPRETATION OR LEGALITY OF A PROVISION OF THIS AGREEMENT, YOU
MAY WANT TO SEEK ASSISTANCE FROM A LAWYER OR OTHER QUALIFIED
PERSON.
This Lease Agreement ("Lease") is entered into between the County of Oakland, 1200 North
Telegraph, Pontiac, MI 48341 ("Landlord"), by the through its statutory agent the Oakland
County Parks and Recreation Commission ("OCPRC") and ha Rowland ("Tenant") according
to the terms and conditions set forth below.
1. Premises. Tenant leases from landlord the real property located at 2866 Watkins Lake
Road, Waterford, MI 48328 ("Premises"), together with any furnishings, fixtures,
personal property, and appurtenances provided by Landlord for Tenant's use.
2. Term. The term of this Lease shall be for five (5) years, beginning on January 1, 2015
and ending on December 31, 2019. References in this Lease to the term of the Lease
shall include any renewal term(s). Tenant shall receive possession of the Premises upon
execution of the Lease.
3. Tenant Monetary Obligations.
3.1. Tenant shall pay Landlord the following rent on or before the first day of each
month during the term of this Lease:
January 1, 2015 — December 31, 2015 $776.00 per month
January 1, 2016 — December 31, 2016 $791.00 per month
January 1, 2017 — December 31, 2017 $807.00 per month
January 1, 2018 — December 31, 2018 $823.00 per month
January 1, 2019 —December 31, 2019 $840.00 per month
3.2. The rent shall be paid by check or money order made payable to the "County of
Oakland" and sent to the following address: Oakland County Parks and
Recreation, 2800 Watkins Lake Road, Waterford, Michigan 48328 or another
address designated by Landlord in writing.
3.3. Tenant shall pay the first monthly installment when Tenant executes this Lease.
The first monthly installment shall be pro-rated for such month, if the Lease is
executed on another day than the first day of the month.
3.4. Tenant shall pay Landlord a late fee of $25 for each monthly installment not
received by Landlord within five days of its due date. This increase shall be
considered additional rent and shall compensate Landlord for costs incurred
because of late payments. Landlord's right to collect this additional rent shall be
in addition to Landlord's right to take action under other provisions of this Lease
for Tenant's default in paying rent. Tenant shall pay all additional rent to
Landlord promptly after the due date of the delinquent installment. All rent paid
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after the due date and payments to cover checks that have been returned for
insufficient funds must be paid at the place designated for payment, by cashier's
check, certified check, or money order.
3.5. During the term of this Lease, Tenant shall obtain and maintain comprehensive
personal liability or tenant's form insurance coverage in the minimum amount of
One Hundred Thousand Dollars ($100,000.00). Tenant shall also provide the
Landlord with a certificate of insurance coverage listing the County of Oakland
and its employees, officers, and elected and appointed officials as additional
insureds.
4. Use of Premises.
4.1. Tenant shall use the Premises for private residential purposes only. No persons
other than the following listed person(s) shall occupy the Premises for more than
fourteen (14) days during the term of this Lease without the prior written approval
of Landlord: N/A Landlord's approval shall be given by the OCPRC Executive
Officer or his or her designee.
4.2. Tenant shall not do any of the following or allow another person to do any of the
following:
4.2.1 Create any excessive noise or public nuisance;
4.2.2 Do anything to the Premises or its surroundings that may be hazardous or
that will cause Landlord's insurance to be cancelled or premiums to
increase;
4.2.3 Deface or damage any part of the Premises;
4.2.4 Change the locks or install any additional locks or bolts without
Landlord's prior written approval. Landlord's approval shall be given by
the OCPRC Executive Officer or his or her designee;
4.2.5 Place a waterbed or other heavy article on the Premises without
Landlord's prior written approval. Landlord's approval shall be given by
the OCPRC Executive Officer or his or her designee;
4.2.6 Install any equipment or appliances that, in Landlord's opinion, would
cause an unsafe conditions on or around the Premises;
4.2.7 Accumulate refuse on or around the Premises that might pose a health
hazard to Tenant or to the surrounding properties;
4.2.8 Permit any flammable liquids or explosives to be kept on or around the
Premises; and
4.2.9 Bring any animals on the Premises without Landlord's prior written
approval. Landlord's approval shall be given by the OCPRC Executive
Officer or his or her designee.
4.3 Tenant Duties.
4.3.1 To the extent permitted by law, Tenant shall secure and protect the Park
Property and facilities therein, especially during "Park Closed" hours. This
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shall include contacting and coordinating with police, fire or other
agencies as may be required and the preparation of an Unusual Incident
Report as required by Landlord.
4.3.2 Tenant shall arrange for emergency repair and maintenance services for
Park Property and facilities, as needed.
4.3.3 Tenant shall make reports to the Park Supervisor or other entity as may be
required by Landlord.
4.3.4 Landlord shall install smoke-detection devices for the Premises along with
batteries to operate the devices. Tenant must regularly test the devices to
ensure that they are operational and if not notify Landlord immediately.
Tenant must never remove batteries from smoke-detection device, except
when necessary to replace the batteries
5. Use of Illegal Substances. Tenant shall not violate or knowingly allow another person to
violate federal, state, or local laws regarding the use of controlled substances or the use
of alcohol by minors in or around the Premises. When aware of a violation of this
section, Landlord will file a formal police report.
6. Condition of Premises.
6.1. Except as otherwise expressly stated herein or in an Amendment to this Lease,
Tenant acknowledges that no representations were made by Landlord about the
condition of the Premises or promises to alter or to improve the Premises before
or during the term of the Lease.
6.2. Throughout the term of the Lease, Tenant shall keep the Premises in a good and
clean condition and shall allow no waste of the Premises or any utilities.
6.3. Except for normal wear and tear, Tenants shall return the Premises to Landlord in
the same condition as they were upon commencement of this Lease, including
cleanliness.
7. Utilities and Services for Premises. Tenant is responsible for the costs of utilities and
services for the Premises and for establishing accounts, if they are not already
established for the term of this Lease including but not limited to the following:
(a) garbage removal; (b) water and sewer; (c) gas/propane; (d) electricity; (e) ice
removal, including salting the driveway and any walks surrounding the Premises or on
the Premises; (f) telephones; (g) cable television; (h) Internet; and (i) cleaning for the
interior of the building located on the Premises. All accounts for utilities and services
shall be in the name of Tenant.
8. Maintenance, Repairs, and Damage to Premises.
8.1. Landlord shall be responsible for snow removal and lawn/grounds services for the
Premises.
8.2. Landlord shall provide repair and maintenance for the Premises and its parking lot
or parking area, including but not limited to, building infrastructure, HVAC
system, utility infrastructure, plumbing and electrical system. Tenant shall notify
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Landlord, in a timely manner and without delay, when there is a need for repairs
to the Premises.
8.3. Except for normal wear and tear to the Premises, Tenant shall be liable for any
damage to the Premises or other property of Landlord that is caused by the acts or
omissions of Tenant or Tenant's guests, including but not limited to broken glass
and lost or broken keys. If damage occurs, Landlord or its agents shall make the
necessary repairs and Tenant shall reimburse Landlord for all costs associated
with the repairs. Such reimbursement shall be paid by Tenant within thirty (30)
days of receiving an invoice from Landlord. If Landlord makes a claim and
receives payment under its property insurance for damage to the Premises, then
Tenant shall only be liable to Landlord for the amount of the deductible for the
property insurance for the Premises. Landlord shall send an invoice to Tenant for
the amount of the deductible and Tenant shall pay this amount within thirty (30)
days of receiving the invoice.
8.4. To the extent permitted by law, Landlord and Landlord's agents shall not be liable
for any damage to property or loss of 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.
9. Decorations and Alterations to Premises. Tenant shall not alter or decorate the Premises,
including but not limited to, removing any furnishings Landlord provides to Tenant,
driving nails into the woodwork, painting or using any adhesive material on the walls
without prior written approval from Landlord. Landlord's approval shall be given by the
OCPRC Executive Officer or his or her designee. Landlord's approval of a particular
decoration or alteration shall not be deemed consent to future decorations or alterations.
10. Assignment and Sublease of Premises. Tenant shall not assign or sublease the Premises
or any portion thereof.
11. Access to the Premises. Tenant shall allow Landlord and Landlord's agents reasonable
access to the Premises to inspect, repair, alter, or improve the Premises. Landlord and
Landlord's agents shall have immediate access to the Premises in case of an emergency
or if an emergency repair to the Premises is required. Tenant shall also allow insurance
carriers and representatives, fire department inspectors, police, or local health authorities
to inspect the Premises. Tenant shall allow Landlord or Landlord's agents to show the
Premises to prospective tenants or purchasers at reasonable times during the sixty (60)
days prior to the expiration of this Lease.
12. Vacation or Abandonment of the Premises. If Tenant removes substantially all Tenant's
property from the Premises for a period of thirty (30) days, Landlord may immediately
enter and redecorate the Premises without abatement of rent and proceed as if Tenant
terminated this Lease. These acts by Landlord shall not affect Tenant's obligations
under this Lease. If Tenant abandons the Premises before the Lease expires, all rent for
the remainder of the term of the Lease shall immediately become due.
13. Damage or Destruction of the Premises. If a casualty partially destroys the Premises but
they can be restored to a tenantable condition within thirty (30) days, Landlord shall
repair the Premises with reasonable dispatch; however, Landlord's obligation to repair
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the Premises shall be limited to the amount of insurance proceeds actually received by
Landlord. Tenant's obligation to pay rent shall be suspended while the Premises are
untenantable. If a casualty damages the Premises to the extent that they cannot be
restored to a habitable condition within thirty (30) days, 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 reasonable delay or for providing housing for Tenant
during repairs.
14. Termination of Lease.
14.1. Tenant may terminate this Lease for any reason upon thirty (30) days written
notice to Landlord.
14.2. Landlord may terminate this Lease for any reason upon ninety (90) days written
notice to Tenant.
14.3. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord
in the same condition they were upon commencement of Lease, normal wear and
tear excepted. Upon termination of this Lease, Tenant shall also notify Landlord
of the move-out date, return all keys to the Premises to Landlord, and transfer all
utility and service accounts into the name of the "County of Oakland."
15. Default of Lease and Landlord's Remedies.
16.1 If Tenant defaults on any obligations under this Lease or misrepresents any
information in the application for this lease, Landlord may, on written notice to
Tenant, terminate the Lease and enter the Premises as permitted by law; Tenant
and any other occupants shall surrender the Premises to Landlord by the date
stated in the notice. If Landlord tenainates the Lease, Landlord may recover
Landlord's expenses for enforcing Landlord's rights under the Lease and
applicable law, including court costs and attorney fees, from Tenant, as permitted
by statute; and rent for the rest of the term of the Lease shall immediately become
due. Tenant may not be liable for the total accelerated amount because of
Landlord's obligation to minimize damages, and either party may ask a court to
determine the actual amount owed, if any. If Tenant fails to pay rent or any other
sums when due to Landlord, Landlord serves a notice of default on Tenant as
required by law, and Tenant fails to remit the amounts due before the notice
period expires, the amount of court costs and attorney fees incurred by Landlord
in enforcing Landlord's remedies and allowed by statute shall be added to the
amount of the arrearage.
16.2 It is a violation of this Lease if Tenant, a member of Tenant's household, or any
other person under Tenant's control unlawfully manufactures, delivers, possesses
with intent to deliver, or possesses a controlled substance as defined by Michigan
law anywhere on the Premises or surrounding the Premises. Pursuant to
Michigan law, if Tenant violates this provision Landlord may serve a written
demand for possession for termination of this Lease giving Tenant 24 hours'
notice of the Lease termination and demand for possession. Tenant acknowledges
that an order of eviction/writ of restitution may be issued by the court
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immediately after the entry of a judgment for possession. Tenant's
initials:
16. 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 except that the monthly rent shall increase by ten (10) percent
from the rent for the last month of the term of the Lease, and Landlord may increase rent
on thirty (30) days' notice to Tenant.
17. Notices. Any notices under this Lease shall be in writing and delivered to the recipient
personally or by first class mail fully prepaid at the following locations:
Tenant: Ha Rowland
2866 Watkins Lake Road
Waterford, MI 48328
Landlord: Oakland County Department of
Facilities Management Property Management
One Public Works Drive, Bldg. 95W
Waterford, MI 48328
and
Oakland County Parks and Recreation
Executive Officer
2800 Watkins Lake Road, Bldg. 97W
Waterford, MI 48328
Unless otherwise required by law, the date of service shall be the date of hand delivery or
the mailing date.
18. Modifications. No modifications of this Lease shall be binding unless they are in writing
and signed by Landlord and Tenant.
19. Whole Agreement. This Lease sets forth the entire agreement between Landlord and
Tenant. There are no verbal or written agreements that are not contained in this Lease
between the parties.
20. Binding Effect. This Lease shall bind and benefit the parties to the Lease and their heirs,
personal representatives, successors, and permitted assigns.
21. 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.
22. Time of the Essence. Time shall be deemed to be of the essence in the performance of
this Lease.
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23. Effective Date. This Lease is effective on the date stated in Section 2.
TENANT LANDLORD
Date Date
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Resolution #14209 September 4, 2014
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #14209)
September 18, 2014
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION WATERFORD OAKS-
ROWLAND LEASE
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 County of Oakland is owner of Waterford Oaks County Park.
2. It is the desire of the Oakland County Parks and Recreation Commission to lease a 759-
square foot house, identified as 2866 Watkins Lake Road, Waterford, Michigan, to Ila
Rowland.
3. Lease period runs from January 1, 2015 through December 31, 2019.
4. Attached Lease Agreement specifies the rent to be paid Oakland County from Ila Rowland.
5. No budget amendment is required as revenues for this rental are included in the FY 2014 –
FY 2016 budget.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Matis absent.
Resolution #14209 September 18, 2014
Moved by Spisz supported by Woodward the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Runestad, Scott, Spisz, 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).
I HEREBY APPROVE THIS RESOLU'o( -
CHIEF DEPUTY COUNTY E.XEcI)-ron
ACTING PURSUANT TO MCL 45.659A (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 September 18,
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 18th day of September 2014.
- -
Lisa Brown, Oakland County