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HomeMy WebLinkAboutResolutions - 2017.01.26 - 22756MISCELLANEOUS RESOLUTION #17019 January 26, 2017 BY: Planning and Building Committee, Philip J. Weipert, Chairperson IN RE: FACILITIES MANAGEMENT/PARKS AND RECREATION COMMISSION — HIGHLAND OAKS- PODINA LEASE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland is the owner of Highland Oaks County Park; and WHEREAS, a 927-square foot house, identified as 6555 North Milford Road, Holly, Michigan 48442, is located on the grounds of Highland Oaks County Park; and WHEREAS, it is the desire of the Oakland County Parks and Recreation Commission to lease said house located at 6555 North Milford Road, Holly, Michigan 48442 to John and Carolyn Podina for a period commencing March 1, 2017 through December 31, 2021; and WHEREAS, under the terms and conditions of the attached Lease Agreement John and Carolyn Podina will pay rent as follows: March 1, 2017— December 31, 2017 $657.00 per month January 1, 2018 — December 31, 2018 $670.00 per month January 1, 2019 — December 31, 2019 $683.00 per month January 1, 2020 — December 31, 2020 $696.00 per month January 1, 2021 — December 31, 2021 $709.00 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 John and Carolyn Podina. 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 John and Carolyn Podina, which may be required. Chairperson, on behalf of the Planning and Building Cmsittee, I move the adoption of the foregoing resolution. ommissioner Philip J. Weipert, District #8 hairperson, Planning and Building Committee PLANNING AND BUILDING COMMITTEE Motion carried unanimously on a roll call vote with Dwyer and McGillivray absent. MISCELLANEOUS RESOLUTION IN RE: PARKS AND RECREATION RESIDENTIAL LEASE—PODINA--HIGHLAND OAKS To the Oakland County Parks and Recreation Commission Chairperson, Ladies and Gentlemen: WHEREAS, the County of Oakland is the owner of Highland Oaks County Park; and WHEREAS, a 927-square foot house, identified as 6655 North Milford Road, Holly, Michigan 48442, is located on the grounds of Highland Oaks County Park; and • WHEREAS, it is the desire of the Oakland County Parks and Recreation Commission to lease said house located at 6555 North Milford Road, Holly, Michigan 48442 to John and Carolyn Podina for a period commencing March 1, 2017 through December 31, 2021; and WHEREAS, under the terms and conditions of the attached Lease Agreement John and Carolyn Podina will pay rent as follows: March 1, 2017 December 31, 2017 $657.00 per month January 1, 2018 December 31, 2018 $670,00 per month January 1, 2019 December 31, 2019 $683,00 per month January 1, 2020— December 31, 2020 $696.00 per month January 1,2021 — December 31, 2021 $709.00 per month each month and pay all utility costs; 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 John and Carolyn Podina. 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: December 6, 2016 Moved by: Mr. Fowkes Ayes: Baumhart, Fisher, Fawkes, Kostin, Long, McGillivray, Potts, Scott, VanderVeen (9) Nays: (0) Motion passes 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 on March 1, 2017, between the County of Oakland, 1200 North Telegraph, Pontiac, MI 48341 ("Landlord") and John and Carolyn Podina, 6555 North Milford Road, Holly, Michigan 48442 ("Tenant") according to the terms and conditions set forth below. 1, Premises, Tenant leases from Landlord the residential dwelling located at 6555 North Milford Road, Holly, Michigan 48442 and the portion of the barn located at 6555 North Milford Road, Holly, Michigan 48442, which is depicted in Exhibit A ("Premises), together with any furnishings, fixtures, personal property, and appurtenances furnished by Landlord for Tenant's use. Exhibit A is incorporated into this Lease. 2, Term. The term of this Lease shall be for five (5) years, beginning on March 1, 2017 and ending on December 31, 2022. 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: March 1,2017 — December 31, 2017 $657.00 per month January 1, 2018 — December 31, 2018 $670,00 per month January 1, 2019— December 31, 2019 $683,00 per month January 1, 2020 — December 31, 2020 $696.00 per month January 1, 2021 — December 31, 2021 $709,00 per month 3,2, The rent shall be paid by check or money order made payable to the Landlord 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. 1 Residential LEASE REVISED 11 14 16 J HALL Podina Highland Oaks.doe 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. The Tenant shall pay all additional rent to 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. 3.5. During the term of this Lease, the Tenant shall procure and maintain comprehensive personal liability or tenant's form insurance coverage in the minimum amount of One Hundred Thousand Dollars ($100,000.00), The 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. The 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 the Landlord. 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 consent; 4.2.5 Place a waterbed or other heavy article on the Premises without Landlord's prior written consent; 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 Tenant's neighbors; 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 consent. 2 Residential LEASE REVISED 11 14 16 J HALL Podina Highland Oaks.doc 4.3 Tenant Duties. 4.3.1 To the extent permitted by law, the 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 the Landlord. 4.3,2 The Tenant shall arrange for emergency repair and maintenance services for Park Property and facilities as needed. 4.3.3 The Tenant shall make reports to the Park Supervisor or other entity as may be required by the Landlord. - 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. Tenant acknowledges that no representations about the condition of the Premises or promises to alter or to improve the Premises before or during the teim of the Lease have been made except as stated in the Lease, 6.2. Tenants shall return the Premises to the Landlord in the same condition as they were upon commencement of this Lease, including cleanliness, normal wear and tear excepted. 7. Maintenance, Repairs, and Damage to Premises. 7.1. Throughout the term of the Lease, Tenant shall maintain the Premises in good condition and shall allow no waste of the Premises or any utilities, Tenant shall be jointly and severallY liable for any damage to the Premises or to Landlord's other property that is caused by the acts or omissions of Tenant or Tenant's guests, Tenant shall pay, on Landlord's demand, to replace any broken window glass on the Premises or any lost or broken keys. 7.2. Landlord shall be responsible for snow removal and lawn services for the Premises. 7.3. Landlord shall provide repair and maintenance for the Premises. Tenant shall notify Landlord when there is a need for repairs to the Premises. 7.4. 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. 8. Decorations and Alterations to Premises, Other than hanging decorations on the walls with nails or other materials approved by landlord, Tenant shall not alter or decorate the Premises without prior written consent from Landlord. Landlord's consent to a particular decoration or alteration shall not be deemed consent to future decorations or 3 Residential LEASE REVISED 11 14 16 J HALL Podina Highland Oaks.doc alterations, Tenant shall not remove any furnishings Landlord furnishes to Tenant, drive nails into the woodwork, or use any adhesive material on the walls without prior written consent from Landlord. 9. Assignment and Sublease of Premises, Tenant shall not assign or sublease the Premises or any portion thereof. 10. 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, Tenant shall also allow insurance carriers and representatives, fire department inspectors, police, or local health authorities to inspect the Premises to the extent permitted by law, Tenant shall allow Landlord or Landlord's agents to show the Premises to prospective Tenants at reasonable times during the sixty (60) days before the term of the Lease expires and to prospective purchasers on reasonable notice to Tenant, 11, Vacation or Abandonment of the Premises. If Tenant removes substantially all Tenant's property from the Premises, Landlord may immediately enter and redecorate the Premises without abatement of rent; and these acts 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. 12, Property Loss or Damage. 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. 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 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. 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; (c) ice removal, including salting the driveway and any walks surrounding the Premises or on the Premises; (f) telephones; (g) cable television; and (h) Internet, All accounts for utilities and services shall be in the name of the Tenant, 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. 4 Residential LEASE REVISED 11 14 16 Jr HALL Podina Highland Oaks,doc 15,3, Upon termination of this Lease, Tenant shall surrender possession of the Premises to the Landlord in the condition they were in when they were delivered to Tenant, except for normal wear and tear. Upon termination of this Lease, Tenant shall also notify the 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 pennitted 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' 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: John and Carolyn Podina 6555 North Milford Road Holly, MI 48442 5 Residential LEASE REVISED 11 14 16 J HALL Podina Highland Oaks.doc 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. 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. TENANT LANDLORD Date Date 6 Residential LEASE REVISED 11 14 16 .1 HALL Podina Highland Oaks.doc Locaflon Map Highland Oaks 6555 Milford Rd. Highland, MI 48422 Highland Oaks Parcels Parcel: 11-03-200-015 264 Acres Parcel:11-03-400-014 13.4 Acres I Parcel: 11-03-400-015 _1 10 Acres Parcel: 11-03-400-016 ' '10 Acres 0 30 60 Feet 11111 Highlandp_a_ks,.County. Park 6555 Milford ParceIVIIr031-2001015 26Cres.r-, Legend Highland Oaks CountyPark nn• Road Centerline Site Location I-I Tax Pacel Lines Hjghland Oaks Renta Home 6555 lford Rd, Highand, IA 48422 SKI I OF 1 OAKLAND COUNTY PARKS Oakland County Parks and Recreation 2200 Watkins Lake Road Waterford, Mil 248-258-0902 www.DestiretionOaklend.corn Resolution #17019 January 26, 2017 The Chairperson referred the resolution to the Finance Committee. There were no objections.