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HomeMy WebLinkAboutResolutions - 1996.10.24 - 24900C9_QAD Committee t REPORT (Misc. f96230) BY: Public Services Committee, Shelley Taub, Chairperson RE: Department of Facilities Management, Real Estate Section-Lease Agreement for Board of Commissioners/Community Mental Health Specialized Residential Group Home at 5030 Bordman Road, Addison Township TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS, Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above-referenced resolution on October 1, 1996, reports with the recommendation that the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. MISCELLANEOUS RESOLUTION #96230 October 10, 1996 BY: PLANNING AND BUILDING COMMITTEE - CHARLES PALMER, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT, REAL ESTATE SECTION LEASE AGREEMENT FOR BOARD OF COMMISSIONERS - COMMUNITY MENTAL HEALTH SPECIALIZED RESIDENTIAL GROUP HOME AT 5030 BORDMAN ROAD, ADDISON TOWNSHIP TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS CHAIRPERSON, LADIES, AND GENTLEMEN: WHEREAS, the Oakland County Community Mental Health Board approved an intent to lease resolution for the property at 5030 Bordman Road, Addison Township, Dryden, Michigan; and WHEREAS, Oakland County Community Mental Health desires to proceed on procurement of this property through a lease for use in specialized residential programming; and WHEREAS, Oakland County Community Mental Health intends to use this facility as a short term (under 30 days length of stay), six (6) bed, crisis home for adults with mental illness in northern Oakland County; and WHEREAS, Oakland County Community Mental Health has requested and received an independent appraisal for this property; and WHEREAS, the terms of the lease include commencement on the date of owner provision of certificate of occupancy and an end of May 31, 2001; and WHEREAS, the lease terms further include payment of monthly lease amount of $1,800 for a total first term payment sum of $108,000; and WHEREAS, Thomas and Sharon Crisan, owners, have agreed to make specific property improvements to be detailed in the lease; and WHEREAS, this lease agreement has been reviewed by Corporation Counsel and Facilities Management; and WHEREAS, the Oakland County Community Mental Health Board has approved and recommends this lease agreement between the County of Oakland and Thomas and Sharon Crisan, owners of 5030 Bordman Road, Addison Township; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the acceptance of this lease agreement in the amount of $1,800.00 monthly for a term to expire May 31, 2001; and BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its chairperson or designee to execute the attached lease agreement. PLANNING AND BUILDING COMMITTEE SPECIALIZED RESIDENTIAL SERVICES LEASE AGREEMENT This SPECIALIZED RESIDENTIAL SERVICES LEASE AGREEMENT (hereafter this "Lease") is made by and between Thomas G. Crisan and Sharon M. Crisan (husband and wife), whose address is 5030 Bordman Rd, Addison Twp. Michigan, hereafter, jointly and severally, the "Landlord, and the County of Oakland, a Michigan Municipal and Constitutional Corporation, by and through its agent, the Oakland County Community Mental Health Services Board, whose address is 1200 N. Telegraph, Pontiac, Mich. 48341, hereafter the "Tenant". 1 LEASED PREMISES The Landlord has full legal title and ownership of a "Parcel" located in the Township of Addison in Oakland County, Michigan of which the common address is 5030 Bordman Rd, (Sidwell # 05-02-100-001) and upon which there is an approximately 1800 square foot house plus garage, being more fully described as the: Part of the N.W. fractional 1/4 of Section 2, Town 5 North, Range 11 East, described as follows: Beginning at the Northwest corner of said Section 2; thence S. 89° 57' E., along the north line of said Section 2, 951.00 feet; thence S. 1° 4950" W., 986.27 feet; thence N. 89°16' 48° W., 939.60 feet to the west line of said Section 2; thence North, along said line, 974.82 feet to the point of beginning, and containing 21.275 acres, more or less, excepting rights conveyed to the County of Oakland by right-of-way recorded January 25, 1935, in Liber 43, Page 519, Misc. records. which entire parcel of land, together with the entire house and garage, and any and all other improvements, tenements, hereditaments, structures, fixtures, and appurtenances thereunto belonging or in anyway appertaining. thereto shall hereafter be referred to in its entirety as the "Parcel". The Landlord has and by this Lease does hereby agree to lease to the Tenant a portion of this Parcel for Tenant's use, in accord with the terms of this Lease, that portion of the Parcel hereafter described be defined as the "Leased Premises" to wit: A portion of the above described "Parcel" of land located in and being a part of the Northwest 1/4 of Section 2, Town 5 North, Range 11 East, Addison Township, Oakland County, Michigan, and being more particularly described as follows: Beginning at the Northwest Corner of said Section 2; thence South 89 degrees 57 minutes 00 seconds East 288.00 feet along the North line of Section 2; thence South 00 degrees 34 minutes 38 seconds West 191.21 feet; thence South 15 degrees 31 • minutes 24 seconds East 129.75 feet; thence South 04 degrees 32 minutes 27 seconds West 92.00 feet; thence South 50 degrees 1 • Draft .0? 11 minutes 33 seconds West 50.08 feet; thence North 89 degrees 57 minutes 00 seconds West 273.50 feet to the West line of Section 2; thence North 00 degrees 12 minutes 05 seconds West 440.00 feet to the point of beginning, containing 3.007 acres of land. Subject to the rights of the public in Bordman Road and Rochester Road. Also subject to any easements and/or rights of way, recorded or otherwise. Also excepting rights conveyed to the County of Oakland by Right of Way recorded January 25, 1935, in Liber 43, Page 519 of Miscellaneous Records. Said above described 3.007 acre parcel being Pt. of a 22.40 acre parcel of land described as the NW 1/4 of the NW fractional 1/4 of Section 2, Addison Township, Oakland County, Michigan, excepting therefrom the South 12 acres, and also excepting the East 10 acres of the balance containing 22.40 ac. + or - and being Tax Parcel 05-02-100-001 on the Township of Addison Tax Rolls. which entire parcel of land, together with the entire house and garage, and any and all other improvements, tenements, hereditaments, structures, fixtures, and appurtenances thereunto belonging or in anyway appertaining. thereto shall hereafter be referred to in its entirety the "Leased Premises" and as pictured in the attached "Certificate Of Service" attched and incoporated heterto as "Attachment A." 2 DURATION OF LEASE 2.1 Subject to the Landlords completion of all of the following express Landlord obligations and/or conditions contained in Sections 2.1.1 below, the initial term (hereafter the "First Term") of the Lease shall commence and be effective beginning on the day that this Lease is executed and notarized by and for the Tenant on the last page of this Lease, and shall end, unless the Tenant exercises its Option for a "Second Term" or its Option to Purchase, as herein described, at 11:59:59 P.M. on the 30th day of June, 2001. 2.1.1 Landlord agrees to undertake and complete any and all renovations, modifications and repairs to the Leased Premises, as provided for in this Lease, within thirty calendar (30) days after the commencement and effective date of this Lease. Landlord also agrees to provide Tenant with a copy of an unconditional "Certificate of Occupancy" for all anticipated residential purposes from the local building authority at the completion of any all renovations, modifications and repairs to the Leased Premises, as provided for in this Lease, within thirty calendar (30) days after the commencement and effective date of this Lease. 2.1.2 The date upon which the Landlord completes the final Landlord obligation and/or condition contained in Sections 2.1.1, shall be hereafter defined and referred to as the "Occupancy Date". Draft .0? Notwithstanding any other term or condition in this Lease, under no circumstances shall the Tenant be required to pay to the Landlord any monthly Rent or any other amount to the Landlord under this Lease, for any calendar month or any part of any calendar month prior to the Occupancy Date. 2.1.3 In the event that the Landlord fails to complete any of the Landlord's obligations and/or the conditions contained in Sections 2.1.1, on or before the expiration of the time periods provided therein, the Tenant, in its sole discretion, shall have the absolute right to either: 2.1.3.1 Cancel this Lease in its entirety, by sending a written notice of same to the Landlord within thirty (30) calendar after the expiration of the time allowed herein for the Landlord to complete his obligations and/or the conditions in Sections 2.1.1 without incurring any penalty or obligation to pay any rent or other amount of any kind to the Landlord, QR 2.1.3.2 Grant the Landlord an one additional period of time, not to exceed an additional thirty (30) calendar days, to complete all of the Landlord's obligations and/or the conditions in Sections 2.1.1. If the Landlord still cannot complete his obligations and/or the conditions in Sections 2.1.1 on or before the end of this additional period of time granted by the Tenant, then this Lease shall be deemed canceled in its entirety without any further Tenant notice or obligation to the Landlord of any kind. 2.2 The Landlord hereby grants to the Tenant the option to extend this Lease for an additional five (5) year period (hereinafter referred to as the "Second Term"). The Second Term shall commence immediately upon such date and time as the First Term ends, and shall, except as otherwise provided herein, continue without interruption until 11:59:59 P.M. on 30th day of June, 2006. Except for the amount of rent, all remaining provisions of this Lease during the First Term shall continue without modification during the Second Term. The Tenant shall notify the Landlord in writing of its intention to exercise this option at least sixty (60) days before the expiration of the First Term of this Lease. 3 RENT 3.1 Except as otherwise provided in this Lease, during the First Term of this Lease, the Tenant shall pay to the Landlord the monthly total rent of ONE THOUSAND, EIGHT HUNDRED and 00/100 ($1800.00) Dollars, for each and every full calendar month that this Lease is in effect after the Occupancy Date, which monthly amount shall be due and payable on or before the 1st day of each and every forthcoming calendar month. Said rent shall be paid to the Landlord in such place as the Landlord shall designate in writing. 3.2 Except as otherwise provided in this Lease, during any Second Term of this Lease, the Tenant shall pay to the Landlord the monthly total rent of ONE THOUSAND, EIGHT HUNDRED and 00/100 ($1800.00) Dollars, multiplied by • Draft .04 the "CPI Fraction", as herein defined, (but in any event, not less than $1800.00) for each and every full calendar month that this Lease is in effect during any Second Term, which monthly amount shall be due and payable on or before the 1st day of each and every forthcoming calendar month during any Second Term of this Lease. 3.2.1 For the purposes of this Lease, the term "CPI Fraction" shall mean a fraction, the numerator of which is the Consumer Price Index, as hereinafter defined, for the month of May, 2001, and the denominator of which is the Consumer Price Index for the month of June, 1996. The Landlord and Tenant agree that notwithstanding any change in the actual CPI Fraction, or its calculation, as described herein, the total monthly Rent to be Landlord during any Second Term of this Lease, shall in no event be less than the $1800.00 amount payable to the Landlord during the First Term of this Lease. 3.2.2 For the purposes of this Lease, the term Consumer Price Index shall mean the revised Consumer Price Index of the Bureau of Labor Statistics, United States Department of Labor, for the Detroit North Central Region for all Urban Consumers, or the comparable substitute index in the event the Consumers Price Index is no longer published. 3.3 Should any term of this Lease commence or end on a day other than the first day of a calendar month, then the rental for such month and the last month of the term hereof shall be prorated upon a daily basis based upon a thirty (30) day calendar month. 3.4 It is hereby agreed that in the event the Tenant holds over after the termination of this Lease, the tenancy shall be from month-to-month in the absence of a written agreement to the contrary. Tenant may holdover for a period not to exceed 120 days, and the monthly rent shall remain at $1800.00 per month or prorated on a daily basis. All other terms and conditions of this Lease shall remain in effect and without modification during the holdover period. 4 TAXES 4.1 Landlord shall be solely liable for and pay all state, county and local municipality Property taxes. 4.2 Beginning with the first calendar year following the commencement of this Lease and every year thereafter, Tenant shall pay to Landlord any increase in property taxes which exceed the amount incurred by Landlord for the calendar year in which this Lease became effective. At the election of Tenant and upon presentment to Tenant of a paid tax receipt, the Tenant may pay any increase in property taxes in one lump sum, or prorate the increase over a twelve (12) month period. It is also agreed and understood by the Landlord that any decrease in property taxes below the amount incurred by Landlord for the base year shall be passed on to the Tenant and prorated as a decrease in the monthly Rent payment as otherwise provided for herein. • Draft .02 5 SUBORDINATION TO MORTGAGE The Landlord reserves the right to subordinate this Lease to the lien of any mortgage or mortgages now or hereafter placed upon the Landlord's interest in the said Leased Premises including the land and buildings of which the said Leased Premises are a part. The Tenant covenants and understands that this Lease is and shall be subject and subordinate to the lien of any current or future mortgage. Tenant agrees that this Section shall be self operating and no instrument of subordination need be required by any mortgagee. 6 USE OF THE LEASED PREMISES 6.1 It is understood and agreed between Landlord and Tenant that during the term of this Lease the Leased Premises will be used by Community Mental Health as a Licensed Group Home or Residential Foster Care Facility and for no other purpose or purposes without the written consent of Landlord. 6.2 It is further understood and agreed between Landlord and Tenant that at Tenant's option and without requiring the written consent of Landlord, that Tenant may either sublet the Leased Premises to third parties who will provide on site services to residents, or may contract with third parties for the provision of onsite services to residents. 7 EMINENT DOMAIN If the whole or any part of the Leased 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 Leased 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 Tenant 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 Leased Premises under the terms herein provided; except that the rent shall be reduced in proportion to the amount of the Leased Premises taken. All damages awarded for such taking shall belong to and be the property of the Landlord whether such damages shall be awarded as compensation for diminution in value to the leasehold or the fee of the Leased Premises herein leased; provided, however, that the Landlord shall not be entitled to any portion of the award made to the Tenant for any losses it may have sustained. 8 COMPLIANCE WITH LAWS AND ORDINANCES 8.1 Landlord warrants that the Landlord holds good title to the Leased Premises and further warrants that there are no zoning, building code, or deed restrictions that would interfere with the intended use of the Leased Premises by the Tenant, throughout the term of this Lease. 8.2 Landlord agrees that during the term of this Lease, or the term of any option(s) exercised under this Lease, Landlord will comply with all rules, regulations and laws now in effect or which may be enacted during the continuance of this Lease (whether civil or criminal), by State, Federal, or local governments and that a 5 • Draft .G violation of this provision by Landlord shall be grounds for immediate termination of this Lease. 9 REMODELING. MAINTENANCE. AND REPAIRS 9.1 Except as otherwise provided for in this Lease, the Landlord, prior to the Occupancy Date, and at his sole cost and expense, agrees to complete the remodelings, repairs, conditions, and/or improvements to the Leased Premises: 9.1.1 Landlord agrees to attain a Certificate of Occupancy and electric Certificate of Approval from the local building authority after completing all remodeling work. 9.1.2 To repair, expand and otherwise ensure proper on-site sewage disposal system is in place as per Department of Public Health requirements for an approved DSS AFC licensed small group home. The cost for this repair or improvement will be the landlord's responsibility. 9.1.3 Install wolmanized wood handrails at the front porch steps as per Building Code requirements. 9.1.4 Install a proper temperature release valve at the existing hot water heater as per mechanical code requirements. 9.1.5 Any other remodeling as indicated by local building code inspector in order to bring home into current compliance with all applicable building codes for the intended purposes of this Lease. 9.1.6 Replace the existing dryer vent hose (plastic) with a metal type, non- flammable vent hose. 9.1.7 To install a 1 3/4" thick, solid core door with HD closer and non-locking vs. Egress door hardware in place of the existing door to the mechanical room. Trim, stain and finish to match existing. 9.1.8 Install GFI grounded outlets at main bath, kitchen, laundry and garage areas as per NEC requirements. 9.1.9 To replace all exterior door hardware with lever type, non-locking vs. Egress door hardware (keyed alike). 9.1.10 Install non-slip additive (Skid-Tek, e.g.) At outside porches, steps, etc. 9.1.11 To construct 24'x24' garage complete with gable roof, 1 passage door, 1 large overhead door with electric, remote control opener, concrete floor and standard framing with vinyl siding, completely wired for lights and outlets to construction industry standards. 9.1.12 To install a 4 ft. high cyclone fence with 2-3 ft. wide passage gate around house per industry standards - - approx. 400 linear ft. 6 9.1.13 To install an air conditioning system capable of cooling home to a mean temp. of 72 degrees required in the hottest summer months. 9.1.14 Several fuses and wires non-compatible at box. Repair as necessary. 9.1.15 Ground wire to plumbing not acceptable at main panel. Repair as necessary. 9.1.16 The main bathroom does not have properly wired outlets (reverse polarity). GFIC install. 9.1.17 The hallway light switch is defective and must be replaced. 9.1.18 Two outlets in kitchen not operating; one right of range and other at ceiling above sink. Repair as necessary and add GFIC where required. 9.1.19 Replace worn electric cord at clothes dryer. In poor condition. 9.1.20 Three prong outlet for clothes washer is not properly grounded. Repair or replace plug. 9.1.21 Replace hot water heater, (aging and worn), with rapid recovery, high efficiency type. 9.1.22 Additional insulation needed at boiler pipe in sound end of attic. 9.1.23 Provide Certificate of Approval for boiler operation from certified DOL boiler inspector. 9.1.24 Bathrooms need exhaust fans (vented to outside) for venting moisture in winter months (install per code). 9.1.25 Repair tub faucet in main bathroom ( drips). 9.1.26 The kitchen sink shows signs of drain leaks. Repair/replace as necessary. 9.1.27 Boiler, hot water heater needs to be enclosed in one hour rated room separated from house with labeled door with self closer on it. Drywall with 5/8", type X, both sides painted and finished. 9.1.28 Flooring support system shows signs of extensive dry rotting. Repair and shore up as necessary to ensure structural integrity. 9.1.29 Add vapor barrier to entire crawl space area. Take measures to assure moisture does not occur in crawlspace, e.g. divert ground water, etc. 9.1.30 Repair/replace loose floor tiles in laundry room (add over underlayment). • Draft .02 9.1.31 Adjust, align interior doors for proper closure and fit. NW bedroom door warped. Pocket door in 3/4 bath not working. Replace and rework bathroom as necessary. 9.1.32 Adjust, repair windows for easy open/close operation (painted shut). Repair broken glass. 9.1.33 Add attic insulation for recommended R-value. Screen gable vents vs. Insect infiltration. 9.1.34 Add downspout extensions to divert water away from building. 9.1.35 Install a hardwired, in-line, smoke detector system with battery backup throughout the house per code requirements and DMH certification rules. 9.1.36 Repair bathroom ceiling (main tub bath) for drywall finish and paint. Remove existing drop tile ceiling. 9.1.37 Other remodeling as required by DSS, AFC licensing inspector, subject to their review of the home and DSS physical plant licensing rules. 9.1.38 Fence to be located per attached drawing with two, full swing, three foot wide latching gates to be located at front and rear of home. The four foot high fence shall be constructed of not less than 12 gage hot dipped galvanized chain link fencing supported by capped galvanized post and supported by top rails 10' on center. All post to be plum and true set into concrete footings not less the 36" deep. Fencing to be strapped to rails and post every two feet. 9.1.39 Drive way to be constructed from Bordman Rd., South to entrance of new garage. The drive will be constructed by removing top soil and other material to a depth at which permeable soil is reached or in lieu of, (in the case of excessive depths of clay), a sub strait of two feet of sand with ten inches of 22x compacted aggregate will be used. In any case, a minimum of 6" of 22x compacted aggregate shall be smooth grated at a minimum width of twelve feet along the length with flairs on either end to meet road and garage. Road and garage flairs shall be twenty-two feet wide, meeting flush with apron of road and garage. 9.2 Except as otherwise provided for in this Lease, the Landlord, at his sole cost and expense, before the Occupancy Date or anytime thereafter during any Term of this Lease, 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. 9.2.1 The furnace, with a capacity to maintain a temperature of 72 degrees Fahrenheit, and a minimum 30% of relative humidity in winter. 9.2.2 Air conditioning system, if any. • Draft .G2. 9.2.3 Hot water heater servicing bathroom(s), kitchen and laundry area. 9.2.4 Electric service for lights and all other electrical equipment. 9.2.5 Sewer system, water system, water well and septic system where required and pay all charges/fees. 9.2.6 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. 9.2.7 Outside lighting. 9.2.8 Damage done by insects, rodents or other animals. 9.2.9 Damage done by nature or other causes to landscaping. 9.2.10 Items that affect the health, safety, and welfare of the occupants shall be repaired or replaced immediately by the Landlord. If Landlord fails to do so then Tenant may repair or replace those items immediately and deduct the cost from the ensuing rent payments. 9.3 Except as otherwise provided for in this Lease, the Tenant, at his sole cost and expense, agrees to complete the following remodelings, repairs, conditions, and/or improvements to the Leased Premises: 9.3.1 Those additional acts, beyond those responsibilities of the Landlord to obtain and maintain a valid Certificate of Occupancy for the Leased Premises, which may be necessary to assure compliance with those special additional DSS AFC licensing requirements pertaining to the homes physical plant under small group home rules. 9.3.2 Install fire extinguishers (3) as required for fire safety purposed. One in basement, one near kitchen area and one in bedroom corridor area. Minimum 5 lb., 2A-10BC rating. 9.3.3 Make wheelchair accommodations as necessary, ramping to front and/or near exits; widening doorways; adding grab bars and space in bathrooms; ramping interior to access both levels of home. 9.4 The Tenant shall pay the following utilities, service charges and incidental expenses charged against the Leased 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, Landlord shall pay for tree trimming and/or tree removal. 9.5 The Landlord, after receiving written notice from the Tenant and having a reasonable opportunity thereafter to obtain the necessary workmen, agrees to keep the Leased Premises in good order and repair. For purposes of this Section, "Leased Premises", as defined in this Lease, shall also include the following; chimney, gutter, downspouts, porches, steps, decks, patio, driveway, sidewalks, roof and all walls of the Leased Premises including the doors, garage doors, garage door opener, door frames, windows, or any attachments thereto, or attachments to said building or Leased Premises used in connection therewith. If after receiving written notice and a reasonable opportunity to repair the Leased Premises as required Landlord fails to do so, the Tenant may make the necessary repairs and deduct the cost for the repairs from the next ensuing rent payments. Tenant has the right to make emergency repairs and charge the cost of the repairs to the Landlord, such charges not to exceed five hundred dollars ($500.00) per occurrence. 10 LANDLORD REMODELING TO COMPLY WITH REGULATORY RFqIIIRFMFNTR 10.1 Prior to and during any Term of this Lease, the Landlord agrees to comply fully and be responsible for the cost of any renovations, improvements, repairs, 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 Leased Premises into compliance as a single- family residential dwelling or to comply with any Landlord maintenance obligation under this Lease. 10.2 Landlord agrees to obtain and maintain continuously throughout any Term of this Lease, and to provide Tenant with a copy of same upon request, a current Certificate of Occupancy from the local building authority at the completion of any Landlord renovations, improvements, repairs, structural changes or other modifications to the Leased Premises required under this Lease. If Landlord fails to provide a Certificate of Occupancy then at Tenants sole discretion and option, the Tenant, upon fifteen (15) calendar days written notice to the Landlord, may cancel this Lease in its entirety, vacate the Leased Premises, or pursuant to the Lease exercise its right to make the necessary repairs and deduct the cost of the repairs from the next month's Rent, and/or abate the rental payments until Landlord presents to Tenant the required Certificate of Occupancy. 10.3 Tenant agrees to be fully responsible for any renovations, improvements, structural changes or other modifications required to operate the Leased Premises as an Licensed Adult Foster Care Facility. 10.4 The Tenant and the Landlord agree to cooperate in order to expedite the remodeling of the Leased Premises to comply with any State, Federal or Local regulations (including Building Codes), required of a Licensed Adult Foster Care Facility. Landlord further consents to Tenant performing any modifications or alterations to the Leased Premises in order to comply with any State, Federal or Local regulations, now in effect or which may be enacted, for operation or licensing of a Licensed Adult Foster Care Facility. 10 . Draft .G9 10.5 The Tenant will contact Landlord for Landlord's written consent prior to undertaking any non-regulatory alterations, additions, or improvements to said Leased Premises. 11 CONTINGENCY PROVISIONS Landlord acknowledges and covenants that Landlord understands that this Lease is contingent upon continued funding and licensing from the State of Michigan and in the event that the future levels of State funding or State licensing is terminated or reduced for any reason, and/or the continued operation of the Leased Premises for a foster care facility is not, in the sole discretion of the Tenant, feasible economically or due to regulatory issues, any Tenant perceived environmental hazards or concerns which may effect the Leased Premises, the Tenant at its sole option may cancel this Lease with thirty (30) days prior written notice to Landlord. If this Lease is canceled pursuant to this provision then Landlord assumes payments for any utilities, service charges or incidental expenses as they become due and payable against the Leased Premises immediately upon Tenant's vacation of the Leased Premises. 12 CONDITION OF LEASED PREMISES UPON SURRENDER BY TENANT 12.1 Tenant further agrees that it will deliver up the Leased Premises at the expiration of the term of this Lease (or at any time during the term of this Lease that surrender of the Leased Premises becomes necessary) in like condition as when taken, inclusive of any alterations made by Tenant with Landlord's consent during the course of and prior to the termination of this Lease, reasonable use and wear and tear and damage by the elements and casualty, including fire, excepted. To this end the parties will conduct both a pre-move in inspection and an exit inspection, at which times inventory checklists will be completed and used as a basis for determining physical plant condition. 12.2 All alterations, additions or improvements made to the Leased Premises by either Landlord or Tenant (except fixtures common to a Licensed Adult Foster Care Facility installed at the expense of the Tenant and which may be removed at the sole option of Tenant), shall be the property of the Landlord and shall remain upon and be surrendered with the Leased Premises. All furniture and household items shall remain the property of, and shall be removed by Tenant. Landlord will accept all alterations made by Tenant with Landlord's consent during the course of and up to the termination of this Lease. 13 ACCESS BY LANDLORD FOR INSPECTING. REPAIRING AND EMERGENCIES Tenant hereby acknowledges that during the term of this Lease the Landlord shall have access to the Leased Premises for the purposes of inspecting, repairing and/or maintaining said Leased Premises. If circumstances so require, Landlord may ask in writing for a set of keys from Tenant, but agrees to use said keys to access the Leased 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 Leased Premises. Tenant shall allow Landlord access to the Leased Premises in the event of an emergency and Tenant agrees to provide Landlord with a written notice indicating the name(s), address(s), and telephone number(s) of 11 this Lease. Notwithstanding any other term or condition in this Lease, the Tenant shall have no obligation to pay the Landlord any Rent or any other amount during or for any period in which the Leased Premises shall be either unlicensable and/or uninhabitable for any reason during any Term of this Lease. 15.3 Landlord shall not be liable for delays, of up to 90 calendar days, so occasioned by adjustment of losses from insurance carriers so long as Landlord shall proceed in good faith. 16 DEFAULT In the event of a default by either the Landlord or the Tenant, 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. 17 QUIET ENJOYMENT The Landlord covenants that upon payment of all of the rents and performance of all the covenants contained herein, the Tenant shall have and maintain quiet and peaceful enjoyment of the Leased Premises for the term of this Lease. 18 RIGHTS TO BE CUMULATIVE 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 Landlord shall not be construed as a waiver of a further breach of the same covenant or condition. 19 ADDRESSES FOR WRITTEN NOTICE 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 Tenant is in writing addressed to the Chairperson, Oakland County Board of Commissioners, County of Oakland, 1200 N. Telegraph Rd., Pontiac, Michigan 48341-0047 and deposited in the mail with postage prepaid; and if such notice to the Landlord is necessary it shall be done in writing and addressed to the Landlord at the following address: Thomas and Sharon Crisan, do Sean and Joann Crisan, 2270 Flanders, Rochester, Michigan. Landlord shall notify the Tenant within thirty (30) days of any change of address. 20 GOVERNING LAW This Lease shall be interpreted under and governed by the laws of the State of Michigan. 21 II,NANT LEASE ASSIGNMENT / TRANSFER / DELEGATION. The Landlord agrees that, notwithstanding any other provision in this Lease, the Tenant, in its sole discretion, can elect to transfer, assign and/or delegate any and/or all Tenant obligations and/or any and all rights and/or other Landlord obligations under this Lease 13 Draft 1, • • to any successor Community Mental Health Organization or Community Mental Health Authority as provided for in the Michigan Mental Health Code (MCL 330.1001, et seq). Further, the Landlord agrees that the Tenant can transfer, assign and/or delegate any and/or all Tenant obligations and/or any and all rights and/or other Landlord obligations under this Lease to any successor provider of mental health residential services, including the State or any other State designated or approved agency. The Landlord agrees that, as the result of any Tenant organizational, operational or structural change, as permitted by law, the Tenant shall have the unilateral and absolute right to transfer, assign and/or delegate any Tenant duty, liability or responsibility under this Lease to any other entity or governmental unit as necessary to continue the provision of residential services to any Recipient of mental health services pursuant to this Lease. The Tenant shall notify the Landlord of any such transfer, assignment and/or delegation of any Tenant duty, liability or obligation under this Lease to any third person. The Landlord agrees that any such Tenant assignment or delegation shall not otherwise effect, alter, eliminate, or minimize the Landlord's performance of Landlord obligations under this Lease. The Landlord agrees that, immediately upon the effective date of any such Tenant transfer, assignment and/or delegation of any part of or all of this Lease to any third person, and thereafter, the Tenant shall have no further liability or obligation to the Landlord or any other person for any post-transfer, post-assignment, or post- delegation event, occurrence, transaction, or circumstance either arising under, or in any way related to, any part of this Lease that has been transferred, assigned and/or delegated to any third person. The Landlord agrees that it shall look exclusively to any such designated third person for any post-transfer, post-assignment or post-delegation Landlord right or remedy under this Lease. The Landlord further agrees, upon request, the Landlord will execute any additional documents or agreements, including the entering into a new or amended agreement or agreements with any Tenant designated- third person, for the purpose of giving full and legally binding effect to the complete termination, transfer, assignment and/or delegation of any continuing Tenant duty, liability, obligation and/or responsibility under this Lease to any third person. The Parties agree that except as provided for in this section, the remaining terms of this Lease shall survive any Tenant transfer, assignment and/or delegation of any Tenant duty, liability, obligation and/or responsibility under this Lease to any third party. 22 TAKING OF LANDLORD'S INTEREST BY EXECUTION The Landlord 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 Leased Premises for the benefit of creditors, then and in such event, and at the sole discretion of the Tenant, this Lease may be canceled by Tenant upon a 30 day written notice to Landlord. 23 MISCELLANEOUS 23.1 It is agreed that in this Lease the word "he" shall be used as synonymous with the words "she", "it", "they", and the word "his" is synonymous with "her", "its", and "their". 14 - --Draft .G.2. • 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. 23.3 The Parties agree that there shall be no modification, rescission, waiver, release or amendment of any provision of this Lease, except by an express written amendment to this Lease signed for the Landlord and for the Tenant by the same person, or his successors, who originally attested to this Lease below. 23.4 This Lease sets forth the entire agreement between the Parties concerning the subject matter hereof. In entering into this Lease, the Parties acknowledge that they have not relied upon any prior or contemporaneous agreement, representation, warranty, or other statement by any Party and/or their agents that are not expressly set forth in this Lease, and that any and all such possible, perceived or prior agreements, representations, understandings, statements, negotiations, understandings and undertakings, whether written or oral, in any way concerning or related to the subject matter hereof are fully and completely superseded by this Lease. For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations, and agreements set forth in this Lease, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Lease on behalf of the Landlord and the Tenant, and by doing so legally obligate and bind the Landlord and the Tenant to the terms and conditions of this Lease. 15 Draft .G2 FOR THE LANDLORD: • BY: BY: DATE: THOMAS G. CRISAN appeared in person before me on this date and executed this Lease on behalf of himself and has taken all actions and secured any and all necessary approvals and authorizations to fully and completely obligate and bind the himself as Landlord to the terms and conditions of this Lease. Subscribed and sworn to before me on the day of ,1996. Notary Public, County, Michigan. My Commission Expires: DATE: SHARON M. CRISAN appeared in person before me on this date and executed this Lease on behalf of herself and has taken all actions and secured any and all necessary approvals and authorizations to fully and completely obligate and bind the herself as Landlord to the terms and conditions of this Lease. Subscribed and sworn to before me on the day of ,1996. Notary Public, County, Michigan. My Commission Expires: FOR THE COUNTY OF OAKLAND: BY: DATE: John McCulloch, Chairperson Oakland County Board of Commissioners John McCulloch, Chairperson, Oakland County Board of Commissioners appeared in person before me on this date and executed this Lease on behalf of the County of Oakland and acknowledged to me under oath that: John McCulloch has taken all actions and secured any and all necessary approvals and authorizations to fully and completely obligate and bind the Tenant to the terms and conditions of this Lease. Subscribed and sworn to before me on the day of ,1996. Notary Public, Oakland County, Michigan. My Commission Expires: 16 (66' WIdal :wormy isszre OfdAll 21711 Li° 4,6.76'04 • • mrs. • 3104' nvmodiorizlIN. A P aa 414 him% • mom • sir P. Mt :10421 .41104. NorE) 3E714" IRON 8AR3 Id" LONG MTN CAPS STAMPID OC(K, 14097) AT POINTS MARKED 1744 3 OF ill/(MkIk eHEROEHT * J. icons • LAND sunvEY,h NO, 1 4 v97 1. 77 - ..... LAND ', I hereby cortlfy Mot how turvOyed //us porce(f) of lend doserlifd and fifinfated hereon: Me sold stow), was pfefermed tflollw ',roe of closure of Al 7.826 end Mot I he fufv vith 0%4 tet 'V 7 HAVAII449 INIART POO A 77-4 e A:4445 A1T " .111.0.n••• 111 ••n••n••n • r I . . Raw/Adding — 5030 liordmon _ Oh Addison Coun0 Oakland Linde Mark Stankov, Director Slats Hi Zip Cods 48428 CERTIFICATE OF SURVEY prop mows G. CRISAN .teustrato jos op., J1740 poi NOV. A, 1$,Q •MIC011010 *CALI • 250" smut . C 'CALCULATE° DOIMM SW AUL DeSCRIPTIONI t A !serail of lend loosted in sod bolng a part of the N.w. fractionel 114 of Section 2. Town 5 North, Rang, 11 Cast, Addison Township. Oakland County. allohigan, and being more porficulorly described as followsi Commencing at the Northwest cornea of said Reaflon 21 +hence, South 89 (Iwo's 57 minutes Cast 971.00 Swat 'long the North lino of said Section 28 thence South 01 d•greo 49 min• . otos 50 seconds West 986.27 feet (rocorded1 Routh 0(3 degrees 10 minutes 02 seconds Moat 582.51 feet (siffaavrog): theno. North 82 dogrees 16 minutes 48 soconds West 939.60 foot ( ded) )(oh a9i4egroms ,211 minutes 53 seconds West 939.60 feet imoasmred) to the • Meet line of said Soction 2; theme* North (recorded) North 00 degrees 17 minutes OS sec- - .:'41/nd9 Welt A6199 %,40,4 filitekeei,-01. 934.02 feet along said Most line of heffon 2 to the 411.'4 4.. 0111i14. of . 01104•111 hi . • itint11#10144,0Si4orliiik 6i len*. Excepting rights conveyed to the County of Oakland by right.of nwor recorded Jenuory 25, , 1950. In Libor 43, Page 519 01 Misc. records. . Wes Bearings rolste to description of record for dell:looted parcel. IJNY id0' 400' NORTH V4 COIL SEC. 2. T. 5N, IL !IL II/2' IRON W/ CAP • 11043 ) PS. NM. iN IF MAPLE - LNL- 37.04' PS. NAL iiur MAPLE - MAW. -30,37 PX.NNL II Ir MAPLE. N.W. - 4436 PS. NM. 11 )0" MAPLE - ME. - MOO WEST 1/4 COIL MC. 2. T. att. 6.11 E. (3/4" stow WI ROO& CAP) PS. 1425.1 TM • 17623 IN 20" MAPLE - LE- 33-10' PS. MALI TM • 17623 IN RP ELM - SE.- 31.34' PS. NAIL 6 TAO • 17423 PI Nr OAK- WEST - 27.63' SMALL- PS. NAL IN 26" OAK - 43.36 ALUMMAA POLE MAN ROCHESTER ROAD ( 66 WIDE) west One Section 2 33.001. N. 89' 57' 00" W. 273.50' w FE Nt4 , rloas g ;3•; 2 ep1V4 ":1N4 g4:khbi- oizaza h1111 .-L4e14 6 1 0 hereby certify that I have surveyed the parcel(s) of land described and delineated hereon; that the unadjusted field observations of said Survey were • performed with an error of closure of I In and that I have fully complied with the requirements of Section 3, Act 132. PA. I970. Al.if 4/ DONALD H. KING PROFESSIONAL SURVEYOR MICHIGAN LICENSE NO. 30085 )(y Nculf ot . rng.; A ui \.* *Pk 13 ex \ ETC":7RY F HOUSE 3.007 acres 33' utes • /977-,qc/./Ale"/77 g 3.007-ACRE PARCEL A parcel of land located in and being a part of the Northwest 1/4 of Section 2, Town 5 North, Range 11 East, Addison Township. Oakland County, Michigan, and being more particularly described as follows: Beginning at the Northwest Corner of said Section 2; thence South 89 degrees 57 minutes 00 seconds East 288.00 feet along the North line of Section 2; thence South 00 degrees 34 minutes 38 seconds West 191 21 feet; thence ed South 15 degrees 31 minutes 24 seconds East 129.75 feet; thence South 04 degrees 32 minutes 27 seconds West 92.00 feet; thence South 50 degrees 11 minutes 33 seconds West 50.08 feet; thence North 89 degrees 57 minutes Cl) 00 seconds West 273.50 feet to the West line of Section 2; thence North 00 degrees 12 minutes 05 seconds West g 440.00 feet to the point of beginning, containing 3.007 acres of land. Subject to the rights of the public in Bordman Road and Rochester Road. Also subject to any easements and/or rights of way, recorded or otherwise. Also excepting rights conveyed to the County of Oakland by Right of Way recorded January 25, 1935, in Liber 43, Page 519 of Miscellaneous Records. CC p NOTE: Bearings relate to Description of record for Parent Parcel. Cl) BORDMAN ROAD ( 66' WIDE) S. 89' 57 0 0"E. (118M) 2 . Mrth line Section 2 111 RAWLES ROMEO, MICHIGAN 48085 (810) 752-2700 CLIENT Mr. MARC STANKOV, HRO, Inc. OAKLAND COUNTY CMH DRAWN BY: RG CHK.0 BY: D.H.K. LEGEND: R RECORDED .• MEASURED C CALCULA 1 ED SIC = SET IRON Fl = FOUND IRON ROD FP = FOUND PIPE FM = FOUND MONUMENT FILE No. crv ,nry 9ory FISCAL NOTE (M.R. #96230) BY: FINANCE AND PERSONNEL COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: FACILITIES MANAGEMENT, REAL ESTATE SECTION - LEASE AGREEMENT FOR BOARD OF COMMISSIONERS - COMMUNITY MENTAL HEALTH SPECIALIZED RESIDENTIAL GROUP HOME AT 5030 BORDMAN ROAD, ADDISON TOWNSHIP TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-F of this Board, the Finance and Personnel Committee has reviewed the above referenced resolution and finds: 1. The resolution requests authorization and acceptance of a lease for a specialized residential program home located at Bordman Road in Addison Township for use as a short term crisis home. 2. The agreement with Thomas and Sharon Crisan, owners, is for a period of five years, commencing on the date of owner provision of certificate of occupancy and ending on May 31, 2001 at an annual rate of $21,600. 3. This cost has been incorporated in the 1996/1997 Community Mental Health State Spending Plan. FINANCE AND PERSONNEL COMMITTEE Resolution #96230 October 24, 1996 Moved by Palmer supported by Dingeldey the Public Services Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Discussion followed. Moved by Palmer supported by Dingeldey the resolution be adopted. AYES: Johnson, Palmer, Schmid, Taub, Amos, Dingeldey, Douglas, Holbert. (8) NAYS: Jacobs, Jensen, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Pernick, Powers, Quarles, Wolf, Crake, Devine, Garfield, Huntoon. (17) A sufficient majority not having voted therefor, the resolution failed.