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Home My WebLink AboutResolutions - 2018.09.27 - 23798MISCELLANEOUS RESOLUTION #18332 September 27, 2018 BY; Commissioner Phillip Weiped, Chairperson, Planning arm Building Committee IN RE: PARKS AND RECREATION COMMISSION - RESIDENTIAL LEASE AMENDMENT - OAKLAND URBAN GROWERS - WATERFORD OAKS 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 1,392 square-foot house, identified as 1580 Scott Lake Road, Waterford, MI 48328, is located on the grounds of Waterford Oaks County Park; and WHEREAS Oakland County Parks and Recreation Commission (OCPRC) staff, with the assistance of Corporation Counsel, negotiated a lease in compliance with the OCPRC residential lease policy; and WHEREAS the lease is for the house located at 1580 Scott Lake Road, Waterford, MI 48328 for a period commencing October 1, 2017 through December 31, 2027; and WHEREAS the Oakland County Board of Commissioners, at its September 6, 2017 meeting, approved and authorized the lease agreement between the County of Oakland and the Oakland Urban Growers; and WHEREAS the lease requires Oakland Urban Growers to pay monthly rent, along with all utility costs; and WHEREAS the monthly rent amounts were based on a market analysis from the Oakland County Property Manager; and WHEREAS the Oakland Urban Growers subsequently requested deferment of their monthly lease payments to a later point in the lease; and WHEREAS the Oakland County Parks and Recreation Commission directed staff to amend the lease with specific criteria; and WHEREAS the Oakland County Parks and Recreation Commission, with the assistance of Corporation Counsel, negotiated a lease amendment with Oakland Urban Growers; and WHEREAS the lease amendment includes the following terms and conditions: Rent Deferral. Section 3.1 of the Residential Lease is entirely deleted and replaced with the following section: 1.1 Tenant Monetary Obligations. Tenant shall pay Landlord the following rent on or before the first day of each month during the term of this Lease: Date Range October 1, 2017 - April 30, 2018 May 1, 2018 - December 31, 2018 January 1, 2019 - December 31, 2019 January 1, 2020 - December 31, 2020 January 1, 2021 April 30, 2021 May 1,2021 December 31, 2021 January 1, 2022 - December 31, 2022 January 1, 2023 - December 31, 2023 January 1, 2024 - April 30, 2024 May 1, 2024 - December 31, 2024 January 1, 2025 - December 31, 2025 January 1, 2026 - December 31, 2026 January 1, 2027 - December 31, 2027 Monthly Rent $1,350.00 $ 0 $ 0 $ 0 $ 0 $2,866.00 $2,922.00 $2,982.00 $2,502.00 $1,520.00 $1,551.00 $1,582.00 $1,613.00 If Lease is Extended: January 1, 2028 - December 31, 2028 $1,646.00 January 1, 2029 - December 31, 2029 $1,679.00 January 1, 2030 - December 31, 2030 $1,712.00 January 1,2031 - December 31, 2031 $1,746.00 PLANNING AND BUILDING COMMITTEE Motion carried on a roll call vote with Tietz absent and Dwyer voting no. January 1, 2032 — December 31, 2032 January 1, 2033 — December 31, 2033 January 1, 2034 — December 31, 2034 January 1, 2035 — December 31, 2035 January 1, 2036 — December 31, 2036 $1,781.00 $1,817.00 $1,853.00 $1,890.00 $1,928.00; and WHEREAS the Oakland County Parks and Recreation Commission approved the attached lease amendment and directed that it be forwarded to the Oakland County Board of Commissioners for review and approval; and WHEREAS the Oakland County Parks and Recreation Commission recommends the Oakland County Board of Commissioners approve and authorize the attached Residential lease amendment between the County of Oakland and Oakland Urban Growers. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and approves the attached Residential lease amendment between the County of Oakland and Oakland Urban Growers. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Board's Chairperson, or his designee, to execute the Residential lease amendment between the County of Oakland and Oakland Urban Growers. Chairperson, on behalf of the Planning and Building Committe l, I move the adoption e foregoing resolution. Commissioner Philip Weipert, District #8 Chairperson, Planning and Building Committee FIRST AMENDMENT TO THE RESIDENTIAL LEASE WITH OAKLAND URBAN GROWERS This First Amendment (1st Amendment) is entered this day of , 20 , between the County of Oaldand ("Landlord"), by and through the Oakland County Parks and Recreation Commission ("OCPRC"), located at 2800 Watkins Lake Road, Waterford, MI 48328 and the Oakland Urban Growers ("Tenant"), located at [INTEREST ADDRESS]. BACKGROUND A. The Parties entered into a lease for the residential dwelling located at 1580 Scott Lake Road, Waterford, MI 48328 on October 1, 2017 ("Residential Lease"). On this same day, the Parties, entered into a lease for the Waterford Oaks Greenhouse Complex located at the same address ("Greenhouse Lease"). B. Tenant has made significant capital improvements to the Waterford Oaks Greenhouse Complex and is requesting a deferral of the rent owed under the Residential Lease through April 30, 2021. C. Landlord agrees to this deferral of rent as set forth below. D. In consideration of the mutual covenants and benefits contained herein, the Parties agree as follows: 1st AMENDMENT . Rent Deferral. Section 3.1 of the Residential Lease is entirely deleted and replaced with the following section: 1.1. Tenant Monetary Obligations. Tenant shall pay Landlord the following rent on or before the first day of each month during the term of this Lease: Monthly Rent $1,350.00 $ 0 $ $ 0 $ 0 $ 2,866.00 $ 2,922.00 $ 2,982.00 $ 2,502.00 $ 1,520.00 $ 1,551.00 $ 1,582.00 $ 1,613.00 Date Range October I, 2017 —April 30, 2018 May 1,2018 — December 31, 2018 January 1, 2019 — December 31, 2019 January 1, 2020 — December 31, 2020 January 1, 2021 — April 30, 2021 May 1,2021 December 31, 2021 January 1, 2022 — December 31, 2022 January I, 2023 — December 31, 2023 January 1, 2024— April 30, 2024 May 1, 2024 -- December 31, 2024 January 1, 2025 — December 31, 2025 January 1, 2026 — December 31, 2026 January 1, 2027 — December 31, 2027 Continued on next page Page 1 of 3 1st Amendment 08-03-18 Draft If Lease is Extended: January 1, 2028 —December 31, 2028 January 1, 2029 —December 31, 2029 January 1, 2030 —December 31, 2030 January 1, 2031 — December 31, 2031 January 1, 2032 — December 31, 2032 January 1, 2033 — December 31, 2033 January 1, 2034 —December 31, 2034 January 1, 2035 —December 31, 2035 January 1, 2036 — December 31, 2036 $ 1,646.00 $ 1,679.00 $ 1,712.00 $ 1,746.00 $ 1,781.00 $ 1,817.00 $ 1,853.00 $ 1,890.00 $ 1,928.00 §1. Payment of Past Utilities. Within fourteen (14) calendar days of full execution of this 1 st Amendment, Tenant shall pay Landlord all past due utilities charges for the Premises, in the amount of four hundred dollars and seventy-nine cents ($400.79). If Tenant does not pay such utility charges within the fourteen (14) day period, Landlord may immediately terminate the Residential Lease, as set forth herein. §2. Continuation of Agreement Terms and Conditions. All other terms and conditions of the Residential Lease shall continue with full force and effect, except as specifically modified herein. §3. Entire Agreement. The Residential Lease and the 1 st Amendment constitute the entire agreement and understanding between Landlord and Tenant and supersede all other prior oral or written understandings, communications, or agreements between the Parties. THE COUNTY OF OAKLAND: IN WITNESS WHEREOF, Michael J. Gingell acknowledges that he has been authorized to sign this Amendment. Michael J. Gingell, Chairperson, Date Oakland County Board of Commissioners WITNESS; By: Date OAKLAND URBAN GROWERS: IN WITNESS WHEREOF, acknowledges that she/he has been authorized to sign this Amendment. Page 2 of 3 l st Amendment 08-0348 Draft By: Date WITNESS: By: Date Page 3 of 3 l't Amendment 08-9348 Draft Resolution #18332 September 27, 2018 The Chairperson referred the resolution to the Finance Committee. There were no objections.