HomeMy WebLinkAboutResolutions - 1995.08.03 - 24376REPORT (Misc. #95206) August 3, 1995
BY: Health and Human Services Committee, Shelley G. Taub, Chairperson
IN RE: Oakland County Community Mental Health Board - Authorization for Lease
Agreement for OBRA II Residential Program
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Health and Human Services Committee, having reviewed the above-
refPrnc-pd rpqn]litinn on August 3, 1995, reports with the recommendation that the
resolution be adopted.
Chairperson, on behalf of the Health and Human Services Committee, I move
the acceptance of the foregoing report.
HEALTH AND HUMAN SERVICES COMMITTEE
MISCELLANEOUS RESOLUTION #95206 August 3, 1995
BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON
RE: OAKLAND COUNTY COMMUNITY MENTAL HEALTH BOARD AUThUM.LZAT1UN FOR LEASE
AGREEMENT FOR OBRA II RESIDENTIAL PROGRAM
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRPERSON, LADIES, AND GENTLEMEN:
WHEREAS the Oakland County Board of Commissioners has approved and accepted
responsibility of a Full Management Board in the provisions and treatment of
mental health services; and
WHEREAS the State Department of Mental Health previously authorized funding
for a new OBRA residential program which is in the amount of $55,550 for start-up
costs and $73,744 for operating costs in FY 1994/95 and $294,977 for annual
full-year operating costs; and
WHEREAS due to the increased demand in the housing market, it has been
difficult acquiring suitable property for the program; and
WHEREAS it these funds are not spent in this fiscal year and consumers
placed in this program by November 1, 1995, this funding will be rescinded by the
State and all funds must be returned to the State; and
WHEREAS property has been located at 275 Lesdale Street, Troy, Michigan
48098, an offer to purchase has been made, and an investor has been selected to
purchase this property for lease back to Oakland County; and
WHEREAS the investor will be seeking a lease commitment from Oakland County
Community Mental Health within the funding amount allocated by the Department of
Mental Health and will be ready for execution prior to the August Community
Mental Health Board meeting; and
WHEREAS the Oakland County Community Mental Health Services Board has
approved the OBRA II residential program and the attached lease agreement.
NOW THEREFORE BE IT RESOLVED that the Board directs its Chairperson to
approve the Lease Agreement with OBRA residential program.
BE IT FURTHER RESOLVED that the Board directs its Chairperson to execute
the Lease Agreement, a copy of which is attached hereto.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move
the adoption of the foregoing resolution.
July 25, 1995
SPECIALIZED RESIDENTIAL SERVICES
LEASE AGREEMENT
This lease is made this fifteenth day of July 1995 by and between Leslie London and
Justin London, the Lessor, hereinafter designated as the "Lessor", and the Oakland County
Community Mental Health Services Board by and through the County of Oakland, hereinafter
designated as the "Lessee"; and
Whereas, the Lessor is the owner who holds good title to premises located in the City of
Troy, (legal:) Lot 89 of Troyhurst Subdivision, of which the common address is 275 Lesdale
Street, Troy, Michigan 48098, hereinafter referred to as the "Premises"; and
Whereas, the Lessor and Lessee are desirous of entering into a lease for the entire
Premises of 2,100 square feet plus garage, under the following terms and conditions:
1. Term of Lease
1.1 The term of the Lease shall be for two (2) years and shall commence on the first
day of September, 1995. During the term of said Lease, the Lessee shall pay to the Lessor the
total sum of $46,320.00 Dollars, payable in monthly installments of $1,930.00 Dollars per month
in advance of the first day of each and every month, beginning with the first day of September,
1995. Said rent shall be paid to the Lessor in such place as the Lessor shall designate in writing.
Upon expiration of initial lease terms, and succeeding option term of two (2) years, both parties
agree to renegotiate the lease rate at an amount agreeable to both parties and supported by a
FMV appraisal of the premises.
2. Taxes
2.1 Lessor shall pay all state, county and local municipality property taxes.
2.2 Beginning with the first calendar year following the base year of this lease and
every year thereafter, Lessee shall pay to Lessor any increase in property taxes which exceed
the amount incurred by Lessor for the base year. At the election of Lessee and upon
presentment to Lessee of a paid tax receipt, the Lessee may pay any increase in property taxes
in one lump sum, or pro-rate the increase over a twelve (12) month period, It is also agreed that
and understood by the Lessor that any decrease in property taxes below the amount incurred by
Lessor for the base year shall be passed on to the Lessee and pro-rated as a decrease in the
monthly payment.
3. Subordination to Mortgage
3.1 The Lessor reserves the right to subordinate this Lease to the lien of any mortgage
or mortgages now of hereafter placed upon the Lessor's interest in the said Premises including
the land and buildings of which the said Premises are a part. The Lessee covenants and
understands that this lease is and shall be subject and subordinate to the lien of any current or
future mortgage. Lessee agrees that this section shall be self operating and no further instrument
of subordination need be required by any mortgagee,
4. Use of Premises
4.1 It is understood and agreed between Lessor and Lessee that during the term of
this lease the premises will be used by Community Mental Health as a Licensed Residential
Facility and for no other purpose or purposes without the written consent of Lessor.
4.2 It is further understood and agreed between Lessor and Lessee that at Lessee's
option and without requiring the written consent of Lessor, that Lessee may either sublet the
premises to third parties who will provide on site services to residents, or may contract with third
parties for the provision of on site services to residents.
5. Eminent Domain
5.1 If the whole or any part of the Premises hereby leased shall be taken by any public
authority under the power of eminent domain, then the term of the Lease of the portion of the
premises taken shall cease from the date of the possession of the part required for any public
purpose, and the rent shall be paid up to that day, and as of that day the Lessee shall have the
sole right and option to either cancel this lease and declare the same null and void, or to continue
in the possession of the remainder of the premises under the terms herein provided; except that
the rent shall be reduced in proportion to the amount of the Premises taken. All damages
awarded for such taking shall belong to and be the property of the Lessor whether such damages
shall be awarded as compensation for diminution in value to the leasehold or the fee of the
Premises herein leased; provided, however, that the Lessor shall not be entitled to any portion
of the award made to the Lessee for any losses it may have sustained.
6. Conformance to Laws and Ordinances
6.1 Lessor warrants that the Lessor holds good title to the Premises and further
warrants that there are no zoning or other deed restrictions that would interfere with the intended
use of the Premises by the Lessee, throughout the term of this Lease. The Lessor further
warrants that the Premises shall meet all statutory requirements or other standards established
by the State of Michigan which are necessary for approval of the premises as a foster care facility
to the extent required of the Lessor as contained in Section 8 of this Lease. In the event the
warranties as set forth in this section are breached, then Lessee may terminate its interest in this
Lease by thirty (30) days written notice to Lessor.
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7. Holding Over and Option to Renew
7.1 It is hereby agreed that in the event the Lessee holds over after the termination
of this Lease, that thereafter the tenancy shall be from month-to-month in the absence of a written
agreement to the contrary; the monthly rent shall remain at $1,930.00; all other terms and
conditions of this lease shall remain in effect.
7.2 The Lessor hereby grants to the Lessee the option to extend this Lease for an
additional two (2) year period (hereinafter referred to as the "Second Term"), said Second Term
to commence on such date as the Original Term ends, and at a rate mutually agreeable to the
parties. All remaining provisions of the Original Term shall continue without modification during
the second Term. The Lessee shall notify the Lessor in writing of its intention to exercise this
option, at least ninety (90) days before the expiration of the Original Term of this Lease.
8. Maintenance, Expenses and Repairs
8.1 The Lessee shall pay the following utilities, service charges and incidental
expenses charged against the Premises during the term of this lease: electrical utility charges;
replacement of bulbs for all light fixtures; cleaning services and supplies; water; septic and sewer
utility charges, if any, including charges for pumping the septic system, annually if applicable; fuel
and/or utility charges for heat; insect and/or rodent control; rubbish removal; grounds
maintenance, e.g., grass cutting, leaf raking, litter removal and snow and ice removal; however,
Lessor shall pay for tree trimming and/or tree removal.
8.2 The Lessor, after receiving written notice from the Lessee and having a reasonable
opportunity thereafter to obtain the necessary workmen, agrees to keep the premises in good
order and repair, except when damage is caused by a resident of the facility or negligence of the
Lessee or Lessee's agent(s), for purpose of this section, premises includes the following: the
chimney, gutters, downspout, porch, steps, decks, patio, driveway, sidewalks, roof and all walls
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of the premises including the doors, garage doors, garage door opener, door frames, window
glass, window casing, window frames, windows or any of the appliances or appurtenances of said
doors and/or window casings, window frames and windows or any attachments thereto or
attachments to said building or Premises used in connection therewith. If after receiving written
notice and a reasonable opportunity to repair the Premises as required Lessor fails to do so, the
Lessee may make the necessary repairs and deduct same from the next ensuing rent payments.
Lessee has the right to make emergency repairs and charge the cost of same to the Lessor, such
charges not to exceed five hundred dollars ($500.00) per occurrence.
8.3 Lessor also agrees to install and/or furnish, repair or replace as necessary (and
as required for the rental of single family residential dwellings pursuant to state and local
ordinances), except for repairs required when damage is caused by a resident of the facility or
negligence of the Lessee or Lessee's agent(s) 1) the furnace, with a capacity to maintain a
temperature of 72 degrees fahrenheit, and a minimum 30% of relative humidity in winter; 2) air
conditioning system, if any; 3) hot water heater servicing bathroom(s), kitchen and laundry area;
4) electric service for lights and all other electrical equipment; 5) sewer system, water system,
water well and septic system where required and pay all charges/fees, if any, for installation:
6) any equipment required by the Fire Inspector(s) for fire prevention and safety as required for
single-family residential rental dwellings pursuant to state or local ordinances; 7) Outside lighting;
8) damage done by insects, rodents or other animals, 9) damage done by nature or other causes
to landscaping.
9. Buildout Provisions
9.1 The provisions of Attachments A, B and C to this Lease shall apply to all new
construction developed for the purpose of rental under the terms of this Lease.
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9,2 The Lessee and the Lessor agree to cooperate in order to expedite the buildout
of the Premises so as to comply with any State, Federal or Local regulations required of a
Licensed Residential Facility. As to items required to be done or furnished under Sections 8.2
and 8.3, Lessor agrees to complete or furnish those within sixty (60) days. If after one hundred
and twenty (120) days from the date of this Lease the Premises do not meet all State, Federal
or Local requirements for a Licensed Residential Facility because of any failure or negligence on
the part of Lessor, then at Lessee's option this lease may be terminated upon thirty (30) days
written notice to Lessor. Lessor further agrees to provide Lessee with any written permission
necessary for Lessee to perform any modifications or alterations to the premises in order to
comply with any State, Federal or local regulations for operation of a Licensed Residential Facility.
10. Contingency Provisions
10.1 Lessor acknowledges and covenants that Lessor understands that this lease is
contingent upon continued funding and licensing from the State of Michigan and in the event
funding or licensing is terminated or reduced for any reason, and the continued operation of the
premises for a foster care facility is not economically or regulatory feasible, the Lessee at its sole
option may cancel this Lease with thirty (30) days prior written notice to Lessor. If this Lease is
canceled pursuant to this provision then Lessor assumes payments for any utilities, service
charges or incidental expenses as they become due and payable against the premises
immediately upon Lessee's vacation of the premises.
11. Condition of Premises Upon Surrender By Lessee
11.1 Lessee further agrees that it will deliver up the Premises at the expiration of the
term of this Lease (or at any time during the term of this lease that surrender of the premises
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becomes necessary) in like condition as when taken, reasonable use and wear and tear and
damage by the elements and casualty, including fire, excepted.
11.2 All alterations, additions or improvements made to the premises by either Lessor
or Lessee, except fixtures common to a Licensed Residential Facility installed at the expense of
the Lessee and which may be removed at the sole option of Lessee, shall be the property of the
Lessor and shall remain upon and be surrendered with the Premises. All furniture and household
items shall remain the property of, and shall be removed by, Lessee. Lessor agrees that upon
surrender of the premises by Lessee, Lessor will accept all alterations made by Lessee with
Lessor's approval during the course of and prior to the termination of this Lease. The Lessee will
not make any alterations, additions, or improvements to said Premises without the Lessor's written
consent.
12. Access by Lessor For Inspecting, Repairing and Emergencies
12.1 Lessee hereby acknowledges that during the term of this Lease Lessor shall have
access to the Premises for the purposes of inspecting, repairing and/or maintaining said
Premises. if circumstances so require, Lessor may ask in writing for a set of keys from Lessee,
but Lessor agrees to use said keys to access the Premises only during normal working hours or
during emergencies, and only to conduct necessary business in such a manner as not to disrupt
the usual and normal routine of the persons residing at the Premises. Lessee shall allow Lessor
access to the Premises in the event of an emergency and Lessee agrees to provide Lessor with
a written notice indicating the name(s), address and telephone number of Lessee's
representative(s) who will provide Lessor with access to the Premises in an emergency situation.
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13. Insurance
13.1 Lessor agrees to carry liability insurance pertaining to the structure and premises
located at 275 Lesdafe, Troy, Michigan 48098, as well as, for Lessor's operations connected to
that premises, in the amount of One Million ($1,000,000.00) dollars per loss. Lessor understands
that Lessee is self-insured and will provide Lessor with a Certificate of Self-Insurance.
13.2 In the event of fire or other damage to the Premises the Parties including agents
of Lessee or Lessor, and any Sublessee(s) agree to mutually waive their rights of subrogation and
recovery against each other, their agents, their corporate officers directors and employees.
Lessor agrees to submit to Lessee at the commencement of this Lease a written Waiver of
Subrogation from any insurance carrier, as well as Lessor's own written Waiver of Subrogation.
The Lessor agrees to maintain casualty (property) insurance on an all risk of loss basis, with
replacement basis coverage on the building and personal property owned by the Lessor in the
building. Lessor agrees to obtain and maintain loss of rental income insurance for the full term
of this Lease. Lessor agrees to provide Lessee with a Certificate of Insurance for rental, casualty
and liability insurance. Lessee shall be named as a Certificate holder on all policies and the
certificate shall provide thirty (30) days notice to Lessee of material change or cancellation. All
Certificates must be sent to Lessee at the address herein stated.
14. Damage or Destruction By Fire or Other Casualty
14.1 (a) Lessee shall notify Lessor of any damage to the Premises by fire or other
casualty. If the Premises shall be damaged by fire or other casualty, the damage (including
damage to Lessee's alterations) shall be repaired with due diligence by and at the expense of
Lessor to a condition substantially equivalent to that which existed immediately prior to such
damage. From the date that Lessor receives actual notice of the occurrence of a casualty until
the date on which Lessor shall have substantially completed the repairs in accordance with the
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provisions of this Section, Fixed Rent shall be abated in the proportion which the area of the part
of the Premises which is not usable by Lessee bears to the total area of the Premises.
(b) Anything in Subsection (a) of this Section 14.1 to the contrary
notwithstanding, if (i) the Premises are damaged or, are rendered untenantabie, in each case to
the extent of fifty (50%) percent or more thereof, or (ii) if the Building shall be damaged by fire
or other casualty to the extent of fifty (50%) percent or more of its replacement costs, then at the
option of either Lessor or Lessee and upon notice delivered to either party not more than one
hundred and twenty (120) days following the damage, this Lease may be terminated. If an
election to terminate this Lease is exercised, then this lease shall expire upon the 30th day after
such notice is given and Lessee shall vacate the premises and surrender the same to Lessor in
accordance with the applicable provisions of this Lease.
14.2 Lessor shall not be liable for delays occasioned by adjustment of losses from
insurance carriers so long as Lessor shall proceed in good faith.
15. Default
15.1 In the event of a default by either the Lessor or the Lessee, the Party alleging the
default shall mail to the other Party's last known address details of the alleged default and allow
thirty (30) days to correct same.
16. Quiet Enjoyment
16.1 The Lessor covenants that upon payment of all of the rents and performance of
all the covenants contained herein, the Lessee shall have and maintain quiet and peaceful
enjoyment of the Premises for the term of this Lease.
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17. Rights to be Cumulative
17.1 It is agreed that each and every one of the rights, remedies and benefits provided
by this Lease shall be cumulative, and shall be exclusive of any other said rights, remedies and
benefits allowed by law. One or more waivers of any covenant or condition by the Lessor shall
not be construed as a waiver of a further breach of the same covenant or condition.
18. Addresses for Written Notice
18.1 Whenever under this Lease a provision is made for notice of any kind it shall be
deemed sufficient notice and service thereof if such notice to the Lessee is in writing addressed
to the Community Mental Health Services Board CIO Oakland County at 1200 North Telegraph
Road, Pontiac, Michigan 48341-0047 and deposited in the mail with postage prepaid; and if such
notice to the Lessor is necessary it shall be done in writing and addressed to the Lessor at the
following address: Leslie London, 8689 Orchard Lake Road, Suite 162, West Bloomfield, Michigan
48322. Lessor shall notify the Lessee within thirty (30) days of any change of address.
19. Compliance With Laws, Ordinances, Etc.
19.1 Lessor agrees to comply fully and be responsible for the cost of any renovations,
improvements, structural changes or other modifications necessitated or required by local
municipality, or state building and construction code or other local or state regulations necessary
to bring the Premises into compliance as a single-family residential rental dwelling. Lessor agrees
to complete such changes or modifications within one hundred twenty (120) days of the execution
of this Lease provided that if there are changes or amendments to any of the afore-stated local
or state requirements, then Lessor shall have up to an additional thirty (30) days (unless the
requirements state a lessor time frame) in which to comply with the amended requirements. If
Lessor shall fail to comply within the one hundred twenty (120) day requirement or any
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amendment time requirement, then Lessee shall have the right to quit the Premises upon thirty
(30) days written notice.
19.2 Lessee agrees to be fully responsible for any renovations, improvements, structural
changes or other modifications required to operate the Premises as an Adult Licensed Residential
Facility. Lessee agrees to comply with any amendments or modifications to those requirements
within the time frame required or within a reasonable time after the requirements or amendments
have been inactive.
20. Governing Law
20.1 This Lease shall be interpreted under and governed by the laws of the State of
Michigan.
21. Assignment of Lease
21.1 The Lessee shall have the right to assign this lease agreement to its successors
and assigns with Lessor's consent, which shall not be unreasonably withheld or delayed.
22. Taking of Lessor's Interest by Execution
22.1 The Lessor agrees that if the estate created hereby shall be taken in execution,
or by other process of law, or if the assignment shall be made of the premises for the benefit of
creditors, then and in such event this Lease may be canceled by Lessee with a 30 day written
notice to Lessor.
23. Miscellaneous
23.1 It is agreed that in this Lease the word "hel' shall be used as synonymous with the
words "she", "it", and "they", and the word "his" is synonymous with "her", "its", and "their".
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23.2 The covenants, conditions and agreements made and entered into by the Parties
hereto are declared binding on their respective heirs, successors, representatives and assigns.
IN WITNESS WHEREOF, the Parties have hereunto set their hands the day and year first above
written.
WITNESSED BY: LESSOR:
By:
IN WITNESS WHEREOF, LARRY P. CRAKE, Chairperson of the Oakland County Board of
Commissioners, on behalf of the COUNTY OF OAKLAND, a Michigan Constitutional and Muni-
cipal Corporation, hereby accepts and binds the COUNTY OF OAKLAND to the terms and condi-
tions of this lease on this day of , 199 .
COUNTY OF OAKLAND, a Michigan Consti-
WITNESSED BY: tulional and Municipal Corporation as LESSEE
By:
LARRY P. CRAKE, Chairperson
12
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FISCAL NOTE (Misc. #95206)
BY: FINANCE AND PERSONNEL COMMITTEE, JOHN P. MCCULLOCH, CHAIRPERSON
IN RE: OAKLAND COUNTY COMMUNITY MENTAL HEALTH BOARD AUTHORIZATION FOR LEASE
AGREEMENT FOR OBRA II RESIDENTIAL PROGRAM - MISCELLANEOUS RESOLUTION #95=X
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-G the Finance and Personnel Committee has reviewed
Miscellaneous Resolution #95206 and finds that funds are available in the FY
1994/1995 Community Mental Health Budget to cover this program, no budget
amendments are required.
FINANCE AND RERSONNEL COMMITTEE
Resolution #95206 August 3, 1995
Moved by Palmer supported by Taub the Health and Human Services Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Taub the resolution be adopted.
Moved by Moffitt supported by Pernick the resolution be amended by
rewording the NOW THEREFORE BE IT RESOLVED paragraph to read:
"NOW THEREFORE BE IT RESOLVED that the Board of Commissioners
authorizes its Chairperson to approve a Lease Agreement with OBRA
residential program."
Also, reword the BE IT FURTHER RESOLVED paragraph to read:
IF!,E IT FURTHER RESOLVED that the Board of Commissioners
authorizes its Chairperson to execute a Lease Agreement in form
substantially similar to the attached draft."
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: Jensen, Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson,
Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub, Wolf, Amos,
Crake, Devine, Dingeldey, Douglas, Garfield, Huntoon, Jacobs. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Alien, 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 August 3, 1995 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 3rd day Shopugust'-.4.995.--- __
D. Alien, County Clerk