HomeMy WebLinkAboutResolutions - 1998.05.07 - 25448FINANCE REPORT (Misc. #98091) May 7, 1998
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: MR #98091 - DEPARTMENT OF FACILITIES MANAGEMENT - LEASE RENEWAL WITH THE
CITY OF SOUTHFIELD FOR 25+ ACRES LOCATED AT THE CORNER OF CATALPA AND GREENFIELD
ROADS, CITY OF SOUTHFIELD
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Finance Committee, having reviewed the above referenced resolution,
reports with a recommendation that the resolution be adopted with authorization
for the administration to negotiate an extension of the lease for an additional
5 years.
Chairperson, on behalf of the Finance Committee, I move acceptance of the
foregoing report.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried on a roll call vote with Jensen, Palmer, Taub and Amos voting no.
MISCELLANEOUS RESOLUTION #98091 April 23, 1998
BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON
In RE: DEPARTMENT OF FACILITIES MANAGEMENT
LEASE RENEWAL WITH THE CITY OF SOUTHFIELD FOR 25+ ACRES LOCATED AT
THE CORNER OF CATALPA AND GREEN FIELD ROADS, CITY OF SOUTHFIELD
TO: OAKLAND COUNTY BOARD OF COMMISSIONERS,
MR. CHAIRPERSON, LADIES, AND GENTLEMEN:
WHEREAS, the County of Oakland owns 29+ acres of land in the City of Southfield
located at the corner of Catalpa and Greenfield Roads, identified as Tax Sidwell Numbers 24-13-
404-013, 24-13-426-001; and
WHEREAS, the County of Oakland maintains offices for the Oakland County Health
Department on a portion of this property which consists of approximately 4.62 acres; and
WHEREAS, the County of Oakland has been leasing the remaining portion of this land
(25+ acres) to the City of Southfield since 1965 for organized sports - baseball, softball, soccer,
etc.; and
WHEREAS, the present lease between the County of Oakland and the City of Southfield
will expire on May 6, 1998; and
WHEREAS, the City of Southfield is desirous to extend the term of the lease for a period
of five (5) years; and
WHEREAS, the Department of Facilities Management and Corporation Counsel have
prepared a lease agreement which has been accepted by the City of Southfield; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
recommends and approves the Lease Agreement Extension between Oakland County and the City
of Southfield for a period of five (5) years commencing on May 6, 1998 and ending on May 5, 2003
for the sum of one dollar ($1.00) per year; and
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
authorizes its chairperson or its designee to execute the Declaration of Lease Agreement in the
form attached hereto on the behalf of the County of Oakland.
Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption
of the foregoing resolution.
/FA :AEA A.-4(
ftANNING AND :TIDING COMMITTEE
Committee Vote:
Motion carried unanimously on a roll call vote.
DECLARATION OF LEASE
THIS LEASE, made and entered into this day of May, 1998 between the
COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address Is 1200 North
Telegraph Road, Pontiac, Michigan, 48341, hereinafter referred to as the "LESSOR", and the
CITY OF SOUTHFIELD, a Michigan Municipal Corporation, whose address Is 26000 Evergreen
Road, Southfield, Michigan, 48076, hereinafter referred to as the "LESSEE";
WHEREAS, the County of Oakland and the City of Southfield entered Into a lease of 15
approximately acres of real property located at the intersection of Catalpa and Greenfield in
Southfield Township on May 4, 1983 for a term of five (5) years which was subsequently
renewed until May 6, 1998; and
WHEREAS, the County of Oakland and the City of Southfield desire to extend the lease;
the Lessor hereby leases to the Lessee for a period of five (5) years, commencing
May 6, 1998, the following described lands, to-wit;
A parcel of land being Part of "Oakland Gardens Sub.", a subdivision of the E 1/2 of SE
1/4 of Section 13, TIN, R10E, City of Southfield, Oakland County, Michigan, as
recorded in Liber 34, Page 8 of Plats, Oakland County Records, and also Part of
"Woodlands Park Sub.", a subdivision of the WI/2 of SE 1/4 of Section 13, TIN, R10E,
City of Southfield, Oakland County, Michigan, as recorded in Liber 37, Page 40 of
Plats, Oakland County Records. Further described as beginning SE corner of lot 84
"Oakland Gardens Sub." also being the intersection of the north right of way line of San
Quentin Avenue and the West right of way line of Greenfield Road; thence S 89
degrees 55' 00" W along said San Quentin Avenue North right of way line 1256.34 ft.
to a point; thence N 1 degree 03' 47" W 5.0 ft. to a point; thence S 89 degrees 55'
00" W 330.04 ft. to the SW corner of Lot 219 "Woodlands Park Sub."; thence N 1
degree 03' 47" W 773.09 ft. along the westerly lot lines of Lots 219 through 231
inclusive and the westerly lot line of the E 1/2 of Lot 133 of "Woodlands Park Sub."
to a point, said point also being the southerly right of way line of Catalpa Drive; thence
N 89 degrees 19' 00" E 330.00 ft. along the southerly right of way line of Catalpa
Drive to a point; thence N 88 degrees 13' 00" E 596.0 ft. to a point along the
southerly right of way line of Catalpa Drive; thence S 1 degree 03' 00" E 305.00 ft.
to a point; thence N 88 degrees 13' 00" E 660.46 ft. to a point on the westerly right
of way line on Greenfield Road. Said point also being 305.00 ft. South of the NE
corner of Lot 44 "Oakland Gardens Sub."; thence S 1 degree 03' 00" E 513.78 ft. to
the point of beginning. Containing approximately 24.96 acres and otherwise known
as Part of Tax Parcels 24-13-404-013 and 24-13-426-001 City of Southfield Tax Rolls.
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Subject to the following conditions;
1. Such lands and any and all improvements thereon shall be used by the
Lessee to accommodate only recreational activities.
2. Lessee shall have the right to prepare such land and facilities to make the
land presentable for recreational purposes as are appropriate, and to construct on said
lands, bleachers, stands for refreshments, sanitary facilities and any other necessary
facilities to make the land presentable, as outlined on Master Plan dated May 1978,
said structures and improvements to be not of a permanent nature and any major
changes to the original Master Plan must have Oakland County Board of
Commissioner's approval.
3. The Lessee agrees to Pay to the Lessor as rental under this lease, the
sum of One ($1.00) Dollar per year for each year this lease is in effect, payable when
this Lease Is executed and a like amount each year thereafter.
4. Lessee agrees that the erection, maintenance and operation of any and
all buildings on the premises herein described shall be the sole responsibility of the
Lessee and that said buildings and structures shall all be removed by the Lessee upon
the termination of this Lease. All buildings and structures which have not been
removed upon termination of this Lease shall become the sole property of the Lessor.
In the event that Lessor determines that said structures are not in consonance with
Lessors plans then in that event Lessor may remove said structures at the sole expense
of Lessee. Providing, that if Lessor determines that it does not want said buildings or
structures it shall notify the Lessee and Lessee shall be given reasonable opportunity
to remove said structures or buildings.
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5. Lessee shall not mar or in any manner deface the property or premises
and shall not cause anything to be done whereby said premises or property shall in any
manner be marred or defaced, and at the expiration or cancellation of the Lease, Lessee
shall surrender the premises and property In a decent, safe and sanitary condition.
6. Lessee must provide suitable off-street parking and said parking must be
made available for the Intended users of the property.
7. Lessee agrees to comply with all applicable state, city or county
ordinances covering the described premises.
8. Lessee has the right to sublet the described premises providing the
consideration does not exceed One ($1.00) Dollar per year, and the sublease has the
written approval of the Lessor.
9. The Lessee agrees to indemnify and hold harmless the Lessor from any
liability for damages to any person or property in,on, or about said leased premises
from any cause whatsoever, except for the negligent or tortious acts or errors of lessor,
lessor's employees or agents; and Lessee will procure and maintain broad form
commercial general liability insurance coverage in the minimum amount of One Million
($1,000,000) Dollars per occurrence combined single limit, including, contractual
liability coverage which recognizes this contract. Lessee shall name the County of
Oakland as an additional insured during the term of this agreement. Lessee shall also
maintain workers compensation coverage that meets the statutory requirements and
also have Coverage B Employers Liability in the minimum amount of Five Hundred
Thousand ($500,000) Dollars per occurrence. Lessee shall deliver said Certificates of
Insurance to the Lessor upon demand.
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By:
Donald F. Fracassi, Mayor
10. If the Lessee desires to extend this Lease for any period of time during
the term of this contract, then he shall give written notice of such desire to the Lessor
at least thirty (30) days before the expiration of this Lease.
11. This Lease may be canceled or terminated by either party by giving a six
(6) month written notice to the other party. In no event shall the cancellation be
effective before September 1st of any year.
IN WITNESS WHEREOF, John P. McCulloch, the Chairman of the Board
of Commissioners of Oakland County and Donald F. Fracassi, Mayor of the City of
Southfield, have executed this Lease on behalf of the County of Oakland and the City
of Southfield respectively.
COUNTY OF OAKLAND, A Michigan CITY OF SOUTHFIELD, A Michigan
Constitutional Corporation Municipal Corporation
By:
John P. McCulloch, Chairman
Oakland County Board of Commissioners
WITNESSES: WITNESSES:
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STATE OF MICHIGAN)
) ss
COUNTY OF OAKLAND)
On this day of . 1998, personally appeared
John P. McCulloch and he did say that he is the Chairman of the Oakland County Board
of Commissioners and as such he affixed his signature to the foregoing Lease, and that
said instrument was signed and sealed on behalf of said County of Oakland, by
authority of its Miscellaneous Resolution No. , dated . 1998, and
acknowledged said instrument to be the free act and deed of the County of Oakland.
My commission expires:
Notary Public, Oakland County
Michigan
N:\WPDOCSTREBOARDTB-B.ATT
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Resolution #98091 April 23, 1998
The Chairperson referred the resolution to the Finance Committee. There
were no objections.
May 7, 1998
WITH THE CITY OF
GREENFIELD ROADS,
FISCAL NOTE (M.R. #98091)
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - LEASE RENEWAL
SOUTHFIELD FOR 25+ ACRES LOCATED AT THE CORNER OF CATALPA AND
CITY OF SOUTHFIELD
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance COMMittee
has reviewed the above referenced resolution and finds:
1. The resolution authorizes a lease agreement between Oakland County
and the City of Southfield for a period of 5 years for the property
currently used by the City of Southfield on the corner of Catalpa
and Greenfield Roads, City of Southfield.
2. Rent in the amount of one dollar ($1.00) per year shall be charged
upon commencement of the lease May 6, 1998 and ending on May 5, 2003
3. There is no significant financial impact and no budget amendments
are required.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE;
Motion carried unanimously on a roll call vote.
Resolution 498091 May 7, 1998
Moved by Palmer supported by Gregory the Finance Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Gregory the resolution be adopted.
AYES: McPherson, Millard, Moffitt, Obrecht, Palmer, Powers, Schmid, Taub,
Wolf, Amos, Coleman, Devine, Dingeldey, Douglas, Garfield, Gregory, Huntoon,
Jacobs, Johnson, Kingzett, McCulloch. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
pqE I THE Fe. EGOING RESOLUTION
___4Migas401$ Sib
L. Broo s Patters* County Executive Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, 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 May 7, 1998 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 7th day o May 199 .
4'3
LynA D. Allen, County Clerk
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