HomeMy WebLinkAboutResolutions - 2015.04.02 - 21767MISCELLANEOUS RESOLUTION #15066 March 18, 2015
BY: PLANNING & BUILDING COMMITTEE, PHILIP WEIPERT, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/FACILITIES ADMINISTRATION — LICENSING OF
COURTHOUSE PARKING SPACES TO BILL FOX CHEVROLET
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS MR#12036 authorized the County to license parking spaces to Bill Fox
Chevrolet from March of 2012 to March of 2015 for temporary storage of new vehicles at the
Rochester Hills District Courthouse (700 Barclay Circle); and
WHEREAS this license agreement will expire on March 15, 2015; and
WHEREAS Judge Nicholson and the Court Administration at the Rochester Hills District
Courthouse approved the continued licensing of the parking spaces as originally planned; and
WHEREAS Facilities Management reviewed the existing site plan and confirmed the plan
will stay the same (see attached Exhibit A); and
WHEREAS Facilities Management developed bid specifications and requested the
assistance of the Purchasing Division to issue a request for proposals (RFP); and
WHEREAS Facilities Management had an existing determination of appropriate
insurance requirements from Risk Management based on the same use (see attached Exhibit B);
and
WHEREAS one proposal was received from Bill Fox Chevrolet; and
WHEREAS the proposal from Bill Fox Chevrolet met all Purchasing guidelines; and
WHEREAS the term of the license shall be one year and may be renewed by mutual
consent for two additional years; and
WHEREAS the license can be unconditionally terminated by either party; and
WHEREAS Bill Fox Chevrolet shall pay $1,401.00 per month for the use of the 126,
licensed parking spaces; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have
reviewed and/or prepared all necessary documents related to the attached license agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves and authorizes the attached license agreement between the
County of Oakland and Bill Fox Chevrolet.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby
directs its Chairperson or his or her designee to execute the attached license agreement and all
other related documents, 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 AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote.
License Agreement
The County of Oakland, 1200 North Telegraph, Pontiac, Michigan, 48341, hereby grants a
License for use of its property as set forth herein to:
Name of Entity or Person ("Licensee"): Bill Fox Chevrolet
Address: 725 S. Rochester Road, Rochester Hills, Michigan 48307
Contact Person: Mike Hoornaert
Telephone Number: 248-651-7000 Cell: 248-330-2004
E-Mail Address: mikeh@autobyfox.com
The Parties agree to the following terms and conditions:
1. Use of County Property. Licensee may only use the property described below for the
purposes set forth in this Agreement.
1.1. Definition and Location of Property. Property is defined as the real property illustrated
in Exhibit A, specifically 126, parking spaces for storage of vehicles in areas A and C
("Property"). Exhibit A is incorporated by referenced into this Agreement.
1.2. Use of Property. The Property shall be used for parking and storing vehicles associated
with Licensee's business operations.
1.3. Term. This Agreement shall commence on March 15, 2015 and end one year from such
date. This Agreement may be renewed for two (2) years by mutual written consent of
Licensee and the County's Director of Facilities Management or his/her successor.
1.4. Licensee Fee. Licensee shall pay the County one thousand four hundred and one dollars
($1,401.00) per month as a License Fees for use of the Property. The Licensee Fee is
due and owing on the first day of each month, in advance. Checks should be made
payable to the "County of Oakland" and sent to: Oakland County Treasurer's Office—
Cash Acctg Bldg 12E, 1200 North Telegraph Road, Pontiac, Michigan 48341-0479.
Should this Agreement commence on a day other than the first of the month, then the
License Fee for such month and the last month of the term shall be prorated upon a
daily basis based upon a thirty (30) day month.
1.5. Licensee shall not place any signs or advertisements on the Property without the prior
written consent of the County's Director of Facilities Management or his/her successor,
except that Licensee may erect signs that state "NO ENTRY" or "NO PUBLIC PARKING"
on the Property. Licensee shall be responsible for maintaining any signs it erects on the
Property in good condition.
1.6. Licensee shall keep the Property and anything stored thereon in good order and repair
and in a clean, safe, and healthful condition, including vehicles stored on the Property,
which shall be in a new and/or good condition.
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Final Version
1.7. Licensee shall not make any alternations, additions, or changes to the Property, unless
prior written approval is given by the County's Director of Facilities Management or
his/her successor.
1.8. Licensee acknowledges that it had the opportunity to inspect the Property and accepts
the Property AS IS.
1.9. The County may temporarily modify the number of spaces made available to Licensee at
any time upon thirty (30) days written notice to Licensee, if such spaces are needed for
governmental operations. The written notice shall state how long such spaces are
needed for government operations.
1.10. At the expiration or termination of this Agreement, Licensee shall leave the Property in
the same condition that Licensee found it and clean of all rubbish. Licensee shall
remove of all of its personal property within thirty (30) days of expiration or
termination of this Agreement. If Licensee does not remove its personal property
within the thirty (30) day period, the County shall dispose of it and bill Licensee for any
costs associated with the disposal.
Licensee Responsibilities, Licensee shall have the following responsibilities and
obligations:
2.1. Between November 15t and April 1 St Area C (15 parking spaces), as illustrated in Exhibit
A, shall not be used by Licensee and must be left vacant for snow storage by the
County.
2.2. Licensee shall keep the drive lane on the Property, as illustrated in Exhibit A, open and
unblocked at all times
2.3. Vehicles stored on the Property must be parked within the provided parking space lines
and must not be parked bumper-to-bumper, i.e., more than two cars parked in a lined
parking space.
2.4. When entering and existing the Property Licensee shall not use the County's public
parking lot at the District Courthouse. Licensee shall enter and exit the Property as
illustrated on A.
2.5. Licensee shall be responsible providing snow and ice removal services for the Property.
2.6. Licensee and all persons performing work on behalf of Licensee shall not in any manner
hold themselves out to be agents or employees of the County.
2.7. Licensee is responsible for and shall obtain, at its sole expense, all necessary licenses,
permits, and other governmental approvals that are necessary for use of the Property.
2.8. Licensee shall not sell or permit anyone to sell or consume alcoholic beverages on the
Property.
3. County Responsibilities. Licensee shall have the following responsibilities and obligations:
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Final Version
3.1. The County shall maintain the Property, including the parking lot and surrounding
grounds in a good and useable condition, except that Licensee shall provide snow and
ice removal services for the Property.
4. Liability/Assurances.
4.1. Damage to County Property. Licensee shall be responsible for any damage to any
County property or facilities that is caused by Licensee, its employees, agents, invitees,
volunteers, or subcontractors or any other persons on the Property because of
Licensee's use of the Property. If damage occurs, the County shall make the necessary
repairs and/or replacements or cause a third party to make the necessary repairs or
replacements, provided, however, that Licensee shall reimburse the County for all costs
associated with repairing and/or replacing the damaged property or facilities.
4.2. Damage to Licensee Property. Licensee shall be solely liable and responsible for any
property loss or damage resulting from fire, theft or other means to Licensee's personal
property located, kept, or stored on the Property during Licensee's use of the Property.
4.3. Licensee shall be solely liable and responsible for any Claims, as defined herein,
occurring at or on the Property, which arise out of Licensee's or its employees, agents,
invitees, volunteers or subcontractors use of the Property.
4.4. Licensee shall not cause or allow any person or entity to cause any hazardous material,
waste, or debris to enter or to be disposed upon any County property.
4.5. Indemnification. Licensee shall indemnify and hold harmless the County of Oakland, it
Boards, Commissions, officials, and employees from any and all Claims that are incurred
by or asserted against the County by any person or entity which are alleged to have
been caused by or found to arise from the acts, performances, errors, or omissions of
Licensee or its employees, agents volunteers, subcontractors, invitees, or any other
persons on the Property because of Licensee's use of the Property.
4.6. Definition of Claim. Claims is defined as any alleged losses, claims, complaints, demands
for relief or damages, suits, causes of action, proceedings, judgments, deficiencies,
liability, penalties, litigation, costs, and expenses, including, but not limited to,
reimbursement for reasonable attorney fees, witness fees, court costs, investigation
expenses, litigation expenses, amounts paid in settlement, and/or other amounts or
liabilities of any kind which are imposed on, incurred by, or asserted against the County,
or for which the County may become legally and/or contractually obligated to pay or
defend against, whether direct, indirect or consequential, whether based upon any
alleged violation of the federal or the state constitution, any federal or state statute,
rule, regulation, or any alleged violation of federal or state common law, whether any
such claims are brought in law or equity, tort, contract, or otherwise, and/or whether
commenced or threatened.
5. Insurance. Licensee shall obtain and maintain insurance according to the specifications
set forth in Exhibit B. Exhibit B is incorporated by reference into this Agreement.
Page 3 of 5
Final Version
6. Termination. Either Party may terminate this Agreement upon ninety (90) days written
notice to the other Party for any reason.
7. Compliance with Law. Licensee, including its employees, agents, invitees, and
subcontractors must comply with all applicable federal, state, and local laws, regulations
and ordinances, and the requirements of this Agreement.
8. No Interest in Property. Licensee shall have no title in and to the Property or any portion
thereof and has not, does not, and will not claim any such title or any easement over the
Property.
9. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of
the successors and assigns of the Parties. Notwithstanding the foregoing, Licensee shall
not assign any portion of this Agreement without the prior written consent of the Director
of Facilities Management or his/her successor.
10. Waiver. The failure of the County to insist upon strict performance of any covenants or
conditions of this Agreement or to exercise any option herein conferred in any one or
more instances shall not be construed as a waiver or relinquishment of any such
coven a nts, condition, or options, but the same chail be and remain in foil force and
effect. No covenant, term or condition of this Agreement shall be deemed to have been
waived by the County, unless such waiver is in writing by the County.
11. Amendments. This Agreement cannot be modified unless reduced to writing and signed
by both Parties.
12. Severability. If any term, covenant, or condition of this Agreement or the application
thereof to any person or circumstance is deemed to be invalid or unenforceable to any
extent, the remainder of this Agreement or the application of such term, covenant or
condition to persons or circumstances, shall not be affected thereby and each term,
covenant or condition of this Agreement shall be valid and enforceable to the fullest
extent permitted by law, unless removal of such term materially alters the basic intent of
the Parties in executing this Agreement.
13. Governing Law. This Agreement shall be governed, interpreted, and enforced by the laws
of the State of Michigan.
14. Counterparts. This Agreement may be executed in one or more counterparts, including
facsimile copies, each of which shall be deemed an original, but all of which shall together
constitute one instrument.
15. Entire Agreement. This Agreement sets forth all covenants, promises, agreements,
conditions and understandings between the Parties concerning the use of the Property
and there are no covenants, promises, agreements, conditions or understandings, either
oral or written, between the Parties other than are herein set forth.
16. Effective Date. The Effective Date of this Agreement shall be March 15, 2015.
The Parties represent that their respective signatories have the requisite authority to execute
and bind them to the duties and responsibilities contained herein.
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Final Version
APPROVED AND AUTHORIZED BY LICENSEE:
NAME:
TITLE:
DATE:
SIGNATURE
WITNESS:
NAME:
TITLE:
DATE:
SIGNATURE
APPROVED AND AUTHORIZED BY THE COUNTY:
NAME:
TITLE:
DATE:
SIGNATURE
WITNESS:
NAME:
TITLE:
DATE:
SIGNATURE
Page 5 of 5
Final Version
Resolution #15066 March 18, 2015
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MR. #15066) April 2, 2015
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: FACILITIES MANAGEMENT/FACILITIES ADMINISTRATION — LICENSING OF
COURTHOUSE PARKING SPACES TO BILL FOX CHEVROLET
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. Pursuant to Miscellaneous Resolution #12036 a lease agreement between
Oakland County and Bill Fox Chevrolet approved the use of 126 parking spaces
for the temporary storage of new vehicles at the Rochester Hills District Court,
located at 700 Barclay Circle.
2. This lease agreement expired on March 15, 2015.
3. Judge Nicholson and the Court Administration at the Rochester Hills District
Court approved the continued licensing of the parking spaces as originally
planned.
4. All necessary documents related to the license agreement have been reviewed
and/or prepared by the Departments of Facilities Management and Corporation
Counsel.
5. The license term is for one (1) year with the license fee due and owing on the
first day of the month in advance and may be renewed by mutual consent for two
additional years. The license can be unconditionally terminated by either party.
6. Should the license agreement commence on a day other than the first day of the
month, the license fee shall be prorated upon a daily basis based on a thirty (30)
day month.
7. Bid specifications were developed by Facilities Management with one request for
proposal received by the Purchasing Division from Bill Fox Chevrolet.
8. The license agreement requires Bill Fox Chevrolet to pay $1,401 per month, or
$16,812 annually, for the use of 126 licensed parking spaces.
9. The annual estimated prorated revenue for FY 2015 is $14,606.
10. The annual estimated prorated revenue will be offset by the amount budgeted in
the General Fund Non-Departmental Licenses line item for FY 2015— FY 2017.
The current budget allocation of $12,000 was based on the previous license
agreement amount of $1,000 per month.
11. The FY 2015, FY 2016 and FY 2017 budgets are amended as follows:
GENERAL FUND 10100 FY2015 FY2016 - FY2017
9010101-196030-631106 Licenses $2,206 $ 4,812
9010101-196030-665882 Planned Use of Balance (S2,206) ($4,812)
$ -0-
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FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #15066 April 2, 2015
Moved by Spisz supported by Gershenson the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Fleming, Gershenson, Gingen, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (19)
NAYES: 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).
(1--- 3
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 2, 2015,
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 2nd day of April 2015.
444r.,"
Lisa Brown, Oakland County