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HomeMy WebLinkAboutResolutions - 2016.06.16 - 22413MISCELLANEOUS RESOLUTION #16156. June 16, 2016 BY: General Government Committee, Christine Long, Chairperson IN RE: BOARD OF COMMISSIONERS — OAKLAND COUNTY ZOOLOGICAL AUTHORITY INTERLOCAL AGREEMENT TO REIMBURSE ELECTION EXPENSES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS in accordance with Public Act 49 of 2008, the Oakland County Board of Commissioners adopted Miscellaneous Resolution #08090, which established the Oakland County Zoological Authority and adopted its Articles of Incorporation; and WHEREAS the Zoological Authority ("Authority') is provided with a mechanism for providing public funding for zoological services for the students, residents, and visitors to Oakland County; and WHEREAS the Authority has approved a resolution to utilize the property tax provisions of Public Act 49 of 2008, to place before the electors of Oakland County at the Primary Election on August 2, 2016, the proposition of renewing the 0.1 millage rate (10 cents per $1,000 taxable value) on real and personal property for ten (10) years, being years 2018 through 2027, to support zoological services to benefit the residents of Oakland County; and WHEREAS Article V. Section 10 of the Oakland County Zoological Authority's Articles of Incorporation provide that, "Prior to any election proposing a tax levy in support of the Authority, the Authority shall enter into a contract with the County of Oakland requiring the Authority to reimburse the County of Oakland and the local government units within Oakland County for all costs incurred in connection with the election"; and WHEREAS the attached Interlocal Agreement requiring the Oakland County Zoological Authority to fully reimburse the County of Oakland for all election costs incurred in connection with the zoo millage proposition on the August 2, 2016, Primary Ballot was approved by the Authority on May 9, 2016; and WHEREAS Corporation Counsel has reviewed the attached Interlocal Agreement and recommends approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the adoption of the Interlocal Agreement, attached hereto, which provides that the Oakland County Zoological Authority is to reimburse the County of Oakland and the local government units within Oakland County for all election costs incurred in connection with the proposed millage on the Primary Election of August 2, 2016. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board of Commissioners to sign the attached Interlocal Agreement, BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this adopted resolution to the Oakland County Zoological Authority Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNMENT COMMITTEE a GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote. AGREEMENT FOR REIMBURSEMENT OF ELECTION COSTS BETWEEN OAKLAND COUNTY AND OAKLAND COUNTY ZOOLOGICAL AUTHORITY ThisReimbursement-of--Election Costs Agreement (the "Agreement") is made between Oakland County, a Constitutional and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and the Oakland County Zoological Authority, a public corporate body, ("Authority"). In this Agreement the County shall be represented by the Oakland County Clerk, in her official capacity as a Michigan Constitutional Officer. The County and the Authority may also be referred to jointly as "Parties". PURPOSE OF AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967 PA 7, MCL 124.501, et seq., and the Zoological Authorities Act, 2008 PA 49, MCL 123.1161, et seq., the County and the Authority enter into this Agreement for the purpose of reimbursing the County for the actual costs it incurs relative to an election approving an Authority sponsored tax proposal. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1. DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, within or without quotation marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows. 1.1. Agreement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, or addendum. 1.2. Authority means the Oakland County Zoological Authority, a Zoological Authority under Public Act 49 of 2008 and an Authority under Section 6 of Article IX of the state constitution of 1963, including, but not limited to, its Council, Board, any and all of its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons' successors. 1.3. County means Oakland County, a Municipal and Constitutional Corporation including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons' successors. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. Municipalities mean the fifty-two cities or townships in Oakland County that conduct local elections. Page 1 ELECTION REMIBURSEMENT- INTERLOCAL AGREEMENT 2. COUNTY RESPONSIBILITIES. 2.1. The County shall place on all County-wide ballots a tax proposal presented to the County Clerk, by the Authority at least eighty-four (84)-days prior to an election and meeting all other requirements of Michigan Election law. 2.2. The County shall provide the Authority with an itemized list of the actual costs the County incurs in an election where a majority of the electors in the county approve an Authority tax proposal. The itemized list of costs shall be provided to the Authority no later than ninety (90) days after the date of the election. 2.3. On behalf of County Municipalities, County shall provide the Authority with an itemized list of the actual costs the Municipalities incur that are exclusively attributable to the election if a majority of the electors in the county approve an Authority tax proposal, In the event that the Authority tax proposal is not held in conjunction with a regularly scheduled election in a municipality within Oakland County, and the voters approve the Authority tax proposal, County shall also provide the Authority with an itemized list of the actual costs the Municipalities incur in conducting the election. 3. AUTHORITY RESPONSIBILITIES. 3.1. Pursuant to MCL 168.646a, no later than eighty-four (84) days prior to each election in which the Authority wishes to have a tax proposal appear on the ballot, the Authority shall provide the County with a resolution of the Authority Board containing the language to be placed on the ballot. 4. DURATION OF INTERLOCAL AGREEMENT. 4.1 The Agreement and any amendments hereto shall be effective when executed by both Parties with concurrent resolutions passed by the governing bodies of each Party. The approval and terms of this Agreement and any amendments hereto shall be entered in the official minutes of the governing bodies of each Party. An executed copy of this Agreement and any amendments shall be filed by the County Clerk with the Secretary of State. 4.2 Unless extended by mutual, written agreement by both Parties, this Agreement shall remain in effect for one (1) year from the date the Agreement is completely executed by all Parties or until the Authority reimburses the County as provided herein, whichever event occurs first. 5. PAYMENTS. 5.1. The County shall prepare and forward to the Authority an itemized invoice for the actual costs the County incurs pursuant to this Agreement. The Authority agrees to pay the full amount of the actual costs shown on any such invoice within thirty (30) calendar days after the date shown on any such invoice. 5,2. The Authority shall reimburse the Municipalities directly for the costs properly provided to it by County herein on behalf of the Municipalities in accordance with MCL 123.1181. Page 2 BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT 6. ASSURANCES. 6.1. Each Party shall be responsible for its own acts and the acts of its employees, and agents, the costs associated with those acts, and the defense of those acts. 6.2. This Agreement does not create any direct or indirect obligation or right to be indemnified (i.e., contractually, legally, equitably or by implication) nor any right to be subrogated to any rights in this Agreement. 6.3. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. 6.4. Each Party shall comply with all federal, state, and local ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement. 7. LIMITATION OF LIABLITY. In no event shall either Party be liable to the other Party or any other person, for any consequential, incidental, direct, indirect, special, and punitive or other damages arising out of this Agreement. 8. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. 9. DELEGATION OR ASSIGNMENT. Neither Party shall delegate or assign any obligations or rights under the Agreement without the prior written consent of the other Party. 10. FORCE MAJEURE. Notwithstanding any other term or provision of this Contract, neither Party shall be liable to the other for any failure of performance hereunder if such failure is due to any cause beyond the reasonable control of that Party and that Party cannot reasonably accommodate or mitigate the effects of any such cause. Such cause shall include, without limitation, acts of God, fire, explosion, vandalism, any law, order, regulation, direction, action, or request of the United States government or of any other govermnent, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor difficulties. Reasonable notice shall be given to the affected Party of any such event. 11. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (I) the date of actual receipt; (2) the next business day when notice is sent express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. 11.1. If Notice is sent to the County, it shall be addressed and sent to: Oakland County Clerk, 1200 North Telegraph Road, Pontiac, Michigan, 48341 and Chairperson of the Oakland County Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341. 11.2. If Notice is sent to the Authority, it shall be addressed to: Chairperson, Oakland County Zoological Authority, C/O Director, Oakland County Board of Commissioners, 1200 North Telegraph, Pontiac, Michigan 48341. Page 3 BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT 11.3. Either Party may change the address and/or individual to which Notice is sent by notifying the other Party in writing of the change. 12. GOVERNING LAW/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim arising under or related to this Agreement shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. 13. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding between the Parties. This Agreement supersedes all other oral or written agreements between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. IN WITNESS WHEREOF, Jeff Hauswirth, Chairperson, Oakland County Zoological Authority, hereby acknowledges that he has been authorized by a resolution of the Oakland County Zoological Authority, a certified copy of which is attached, to execute this Agreement on behalf of the Authority and hereby accepts and binds the Authority to the terms and conditions of this Agreement. EXECUTED: DATE: Jeff Hauswirth, Chairperson, Oakland County Zoological Authority WITNESSED: DATE: IN WITNESS WHEREOF Michael J. Gingell, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Agreement on behalf of Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. EXECIII ED: DATE: Michael J. Gingell, Chairperson Oakland County Board of Commissioners WITNESSED: DATE: Page 4 BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT • IN WITNESS WHEREOF, Lisa Brown, in her official capacity as the Oakland County Clerk, a Michigan Constitutional Office, hereby concurs and accepts the terms and conditions of this Agreement. EXECUTED: DATE: Lisa Brown, Clerk/Register of Deeds County of Oakland WITNESSED: DATE: 2016-0348ElectionReimbursementZoo.doc Page 5 BALLOT LAYOUT AND PROGRAMMING SERVICES - INTERLOCAL AGREEMENT Resolution #16156 June 16, 2016 The Chairperson referred the resolution to the Finance Committee, There were no objections, PLANNING AND BUILDING COMMITTEE VOTE: MISCELLANEOUS RESOLUTION #16157 June 16, 2016 BY: Planning and Building Committee, Philip Weipert, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION — WATERFORD OAKS - LOWE 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 1,432-square foot house, identified as 2930 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 2930 Watkins Lake Road, Waterford, MI 48328 to Brad Lowe for a period commencing May 15, 2016 through December 31, 2021; and WHEREAS under the terms and conditions of the attached Lease Agreement Brad Lowe will pay rent as follows: May 15, 2016— December 31, 2016 $914.00 January 1, 2017 — December 31, 2017 $932.00 January 1, 2018 — December 31, 2018 $951.00 January 1, 2019 — December 31, 2019 $970.00 January 1, 2020 — December 31, 2020 $989.00 January 1,2021 — December 31, 2021 $1,009.00 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 Brad Lowe. 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 Brad Lowe, which may be required. Chairperson, on behalf of the Planning and Building CommOeL5\1 movE the adoption of the foregoing resolution. Motion carried unanimously on a roll call vote with Dwyer absent. 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 Brad Lowe, 2930 Watkins Lake Road, Waterford, MI 48328 ("Tenant") according to the terms and conditions set forth below. 1. Premises. Tenant leases from landlord the real property located at 2930 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 5 years, beginning on May 15, 2016 and ending on December 31, 2021. 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: May 15, 2016 7 December 31, 2016 $914.00 January 1, 2017 — December 31, 2017 $932.00 January 1, 2018 — December 31, 2018 $951.00 January 1, 2019 — December 31, 2019 $970.00 January 1, 2020 — December 31, 2020 $989.00 January 1, 2021 — December 31, 2021 $1,009.00 4. The rent shall be paid by check or money order made payable 4.1. 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. 4.2. 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. 4.3. 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 1 WO Res Lease AGMT Brad Lowe.doc Landlord promptly after the due date of the delinquent installment. All rent paid 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. 4,4. 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. 5. Use of Premises. 5.1. 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: None Landlord's approval shall be given by the OCPRC Executive Officer or his or her designee. 5.2. 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. 2 WO Res Lease AGMT Brad Lowe.doc 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 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 6. 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. 7. Condition of Premises. 7.1. 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. 7.2. 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. 7.3. 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. 8. 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; (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. 9, Maintenance, Repairs, and Damage to Premises. 9.1. Landlord shall be responsible for snow removal and lawn/grounds services for the Premises. 3 WO Res Lease AGMT Brad Lowe.doc 92. 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 Landlord, in a timely manner and without delay, when there is a need for repairs to the Premises, 9.3. 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. 9.4. 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. 10. 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. 11. Assignment and Sublease of Premises. Tenant shall not assign or sublease the Premises or any portion thereof. 12. 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. 13. 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. 4 WO Res Lease AGMT Brad Lowe.doe 14. 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 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. 15. Termination of Lease. 15.1. Tenant may terminate this Lease for any reason upon thirty (30) days Written notice to Landlord. 15.2. Landlord may terminate this Lease for any reason upon ninety (90) days written notice to Tenant. 15.3. 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." 16. 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 terminates 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' WO Res Lease AGMT Brad Lowe.doc 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 immediately after the entry of a judgment for possession. Tenant's initials: 17. 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. 18. 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: Brad Lowe 2930 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 Oaldand 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. 19. Modifications. No modifications of this Lease shall be binding unless they are in writing and signed by Landlord and Tenant. 20. 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. 21. Binding Effect. This Lease shall bind and benefit the parties to the Lease and their heirs, personal representatives, successors, and permitted assigns, 22. 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, 23. Time of the Essence. Time shall be deemed to be of the essence in the performance of this Lease. 24. Effective Date. This Lease is effective on the date stated in Section 2. 6 WO Res Lease AGMT Brad Lowe.doc TENANT LANDLORD Date Date 7 WO Res Lease AGMT Brad Lowe.doc Burnind' Bush Apostolic Ministry -,42.9_LA,YWatkial—ZELIFEd Parcel 31241-11-61017 3 6 Acres Waterfordjpaks Countykpark 2800 Watkins Parcel #3-13-300-201G A Location Map Legend Waterford Oaks CountyPark Road Centerline * Site Location Tax Pace] Lines Site Map of 2930 Watkins Lake Rd At Waterford Oaks CAKLAND COUNTY PARKS Oakland County Parks end Recreation zsoo Watkins Lake Road Waterford, MI 24S-852-C906 urem.DestinationOakland.com Resolution #16157 June 16, 2016 The Chairperson referred the resolution to the Finance Committee. There were no objections.