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HomeMy WebLinkAboutResolutions - 1999.03.17 - 25792LL Planning & Building Committee Vote: Motion carried on unanimous roll call vote with Suarez absent Miscellaneous Resolution #99064 March 18, 1999 BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - LEASE WITH OAKLAND SCHOOLS FOR CLASSROOMS IN DONELSON ELEMENTARY SCHOOL, 1200 W. HURON, WATERFORD, MICHIGAN 48341 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS, over the next two year period, Oakland County will be engaged in the training of approximately 2500 police officers within CLEMIS (Courts and Law Enforcement Management Information System); and WHEREAS, classroom training for approximately 500 police officers and Computer Aided Dispatchers needs to be completed prior to July 1, 1999 to meet Phase I scheduling; and WHEREAS, sufficient classroom training facilities are not currently available in county facilities and it is necessary to lease space for training purposes in order to maintain the training schedule; and WHEREAS, the Department of Facilities Management has negotiated a lease agreement with Oakland Schools for the use of four (4)classrooms, of which three (3) will be used for training, containing approximately 3100 square feet, at the former Donelson Elementary School located at 1200 W. Huron Street, Waterford, Michigan; and WHEREAS, the County of Oakland and Oakland Schools have agreed to a lease agreement for nine (9) months with an option to extend the lease on a month to month basis for an additional six (6) months at a monthly rental rate of $3,616.67; and WHEREAS, the monthly rental rate includes all utilities, maintenance, custodial services and parking; and WHEREAS, the Department of Facilities Management and Corporation Counsel have reviewed the proposed lease. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the new lease with Oakland Schools at the former Donelson Elementary School, 1200 W. Huron Street, Waterford, Michigan for a period of nine (9) months with the option of monthly extension's for an additional six (6) months. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby direct it's Chairperson to execute the lease agreement at 1200 W. Huron Street, Waterfcrd, Michigan between Oakland Schools and the County of Oakland. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE SUBLEASE between OAKLAND SCHOOLS and COUNTY OF OAKLAND This SUBLEASE is entered into and effective as of the 1st day of March, 1999 (but executed between the parties on , 1999), between the OAKLAND SCHOOLS, 2100 Pontiac Lake Road, Waterford, Michigan 48327 (hereinafter "Sublessor") and the COUNTY OF OAKLAND, a Michigan Municipal and Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341 (hereinafter "Sublessee"). WHEREAS, sublessor has leased office space at the Done!son Elementary School, 1200 W. Huron Street, Waterford, Michigan ("Building") from the Waterford School District, 6020 Pontiac Lake Road, Waterford, Michigan 48327; and, WHEREAS, Sublessor has permission from the Waterford School District to sublease a portion of the Donelson Elementary School to third parties which include the County of Oakland; and, WHEREAS, in order to provide a location for office/training space for Oakland County ("Premises"), Sublessor has agreed to sublease space and facilities necessary to accommodate those purposes; NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Sublessor and Sublessee hereby agree to the following: I SUBLEASED PREMISES Sublessor leases to Sublessee, and Sublessee leases from Sublessor, office/training space ("Premises"), consisting of four (4) classrooms containing approximately 3100 square feet located on the second floor of the Done!son Elementary School, 1200 W. Huron Street, Waterford, Michigan. II TERM and RENT The term of this agreement shall be for nine (9) months beginning March 1, 1999, and ending November 30, 1999. The monthly rental rate of $ 3,616.67 shall be payable on the first day of each month. The rental rate is calculated on the basis of 3100 square feet of office space at the rate of $ 14.00 per square foot per year. 1 In addition, Sublessor will make available and provide to Sublessee additional classroom space on the first floor of the "Building" in order to accommodate handicapped persons for training as required by the Americans with Disabilities Act, Michigan Handicappers Civil Rights Act, Barrier Free Design, or any other state, federal, or local requirement pertaining to or addressing access to the subleased facilities. These facilities will be provided to Sublessee at no additional cost to the monthly rent stated above. In the event Sublessee holds over after the expiration of the Original Term of this Lease without a written agreement between Sublessor and Sublessee to further extend the term of the Lease, it is agreed between the parties that the same shall be construed to be a tenancy from month-to-month on the same terms and conditions herein specified. Under no circumstances shall Sublessee holdover for more than an additional six (6) months. Should the actual Term of this Lease commence 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, or any fractional part of a month thereof. III SUBLESSEE'S RESPONSIBILITIES Sublessee covenants with Sublessor to: a. Pay Rent in accordance with the terms of this Sublease; b. Take good care of the Premises, its fixtures and appurtenances; c. Not make any additions, alterations or improvements in or to the Premises without the prior written permission of Sublessor. d. Not accumulate waste or refuse on the Premises. e. Comply with all applicable state, federal, and local laws and regulations, except that Sublessee shall not be responsible for any modifications or improvements necessary to bring the premises or the subleased facilities into compliance with any requirements pursuant to but not limited to the Americans with Disabilities Act, Michigan Handicappers Civil Rights Act, Barrier Free Design, or any other state, federal, or local requirement pertaining to or addressing access to the subleased facilities. f. Not assign or sublease the Premises, in whole or in part, without the written permission of Sublessor. IV SUBLESSOR'S RESPONSIBILITIES Sublessor covenants with Sublessee to: a. Provide Sublessee with quiet enjoyment of the Premises, however, Sublessor shall not be liable to Sublessee for any damage or injury to any property of Sublessee' on the Premises or in the Building. b. Not to interfere with Sublessee's custodial service or utilities during business hours of 8:30 a.m. to 5:00 p.m. 2 V UTILITIES AND SERVICES The Sublessor will pay all charges made against said leased premises for gas, water, heat and electricity during the term of this lease or any holdover, as the same shall become due and payable. Custodial services for the Premises are included in the monthly rent and shall be provided by OAKLAND SCHOOLS during the term of this lease or any holdover. Custodial services will be provided Monday through Friday. Any additional custodial requirements of Sublessee shall be the obligation and expense of Sublessee. Sublessee shall notify Sublessor that additional custodial services are being secured. VI USE AND ACCESS Sublessee shall use and occupy the Premises as office space and training space for employees and invitees of Sublessee. Sublessor represents that the Premises may lawfully be used for that purpose. Sublessee has the right to use and enjoy all common areas, including but not limited to motor vehicle parking areas, restrooms, lunchroom, common corridors, elevators, and the like. The Sublessee shall be granted immediate and unlimited access to agreed upon lease space at all dates and times of this lease. To achieve this end, the Sublessee will be granted limited access to the building security system. It is the responsibility of the Sublessee to abide by all necessary security precautions to maintain the security of the Building and Premises. VII BUILD OUT The Parties agree that the Sublessee will install the electrical service necessary to accommodate the use of computers in the Premises, and in the additional class room space provided on the first floor. VIII TERMINATION This agreement shall terminate upon thirty (30) days written notice by either party of this agreement to the other. 3 IX DAMAGE OR DESTRUCTION BY FIRE OR OTHER CASUALTY In the event of fire or other damage to the Leased Premises, the Parties, including agents of Sublessee or Sublessor, agree to mutually waive their rights of subrogation and recovery against each other, their agents, their corporate officers, directors, and employees, and Boards. If the Building or premises is damaged by fire or other cause so as to be unfit for use and occupancy, then the Sublessee shall have the right to elect to terminate this Sublease, or, if the Sublease is not terminated, then the rent shall be abated until the Premises are repaired. In the event of any loss or damage to the Building, the Premises, and/or any contents, each party shall look first to any insurance in its favor before making any claim against the other party. X INSURANCE Sublessor shall maintain commercial general liability insurance with respect to the Premises, at its own expense, in the minimum amount of One Million and 00/100 Dollars ($1,000,000.00) combined single limit coverage per occurrence. Sublessor shall provide Sublessee with an appropriate Certificate of Insurance evidencing such insurance coverage as aforesaid. Sublessee shall maintain commercial general liability insurance or self- insurance with respect to the Premises, at its own expense, in the minimum amount of One Million and 00/100 Dollars $1,000,000.00) combined single limit coverage per occurrence for claims arising out of the use of the leased premises caused by the negligence of the Sublessee, its employees or agents. In addition to the foregoing, Sublessee shall also maintain a policy of fire and casualty insurance covering Sublessee's contents therein or self-insurance. Sublessee and Sublessor mutually agree to have their property insurance companies endorse their respective policies and issue policy endorsements evidencing the mutual waiving of the right of subrogation against the opposing party for losses which are covered under the policy of fire/property insurance. Sublessee will supply Sublessor with a Letter of Self Insurance. XI CONDITION OF PREMISES UPON SURRENDER BY SUBLESSEE Sublessor agrees that upon surrender of the premises by Sublessee, Sublessor will accept all alterations made by Sublessee with Sublessor's consent during the course of and prior to the termination of this Lease. With the exception of the alterations mentioned in the previous sentence, Sublessee agrees to remove it's property and to vacate and surrender the premises in as good a condition as when originally occupied, with the exception of normal use, and normal wear and tear. 4 XII THIRD PARTY BENEFICIARIES It is the intention of the Parties hereto, that this Agreement is not made for the benefit of any third party. XIII CAPTIONS AND HEADINGS The captions and section numbers appearing in this SUBLEASE are inserted only as a matter of such convenience and are not intended to define, limit, construe or describe the scope or intent of such provision. XIV SEVERABILITY If any provision of this SUBLEASE is held invalid or unenforceable, such provision shall be deemed deleted from this SUBLEASE and/or shall be replaced by a valid and enforceable provision which so far as possible achieves the same objectives as the severed provision was intended to achieve. The remaining provisions of this agreement shall continue in full force and affect. XV GOVERNING LAW AND COMPLIANCE This SUBLEASE shall be construed in accordance with the laws of the State of Michigan. Any action, suit or proceeding arising from this agreement may only be instituted in the Courts of the State of Michigan. XVI ENTIRE AGREEMENT This SUBLEASE shall constitute the entire agreement of the parties hereto; all prior agreements between the parties whether written or oral, are merged herein and shall be of no force and effect. This SUBLEASE is not based on any prior or contemporaneous agreement, representation, warranty, or other statement not expressly set forth in this Agreement. This SUBLEASE may be amended or modified only by an instrument of equal formality signed by the duly authorized officers of the respective parties. XVII MISCELLANEOUS The County of Oakland is a separate legal entity, not related to or affiliated with Oakland Schools. This Agreement is merely an office space sublease agreement and creates no employment or agency rights between the County of Oakland and Oakland Schools. Oakland Schools assumes no liability or responsibility for the County of Oakland, and the County of Oakland assumes no liability or responsibility for the Oakland Schools. 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 signed this SUBLEASE the day and year set forth above. 5 .. ' WITNESSES: OAKLAND SCHOOLS BY: WITNESSES: COUNTY OF OAKLAND, a Michigan Constitutional Corporation BY: John P. McCulloch, Chairperson Oakland County Board of Commissioners DASDATATAC-MGMTIP&ER1999.P&B N3-09-99.P&BZONLSON5.L.SE 6 FISCAL NOTE (Misc. #99064) March 18, 1999 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - LEASE WITH OAKLAND SCHOOLS FOR CLASSROOMS IN DONELSON ELEMENTARY SCHOOL, 1200 W. HURON, WATERFORD MMEMMN 48341 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County will be engaged in the training of approximately 2500 police officers within CLEMIS (Courts and Law Enforcement Management Information System). 2. Sufficient classroom training facilities are not currently available in County facilities, therefore; it is necessary to lease space for training purposes. 3. The Department of Facilities Management has negotiated a lease agreement with Oakland Schools for the use of four (4) classrooms, of which three (3) will be used for training (approximately 3100 square feet) at the former Donelson Elementary School. 4. The lease agreement is for nine (9) months with an option to extend the lease on a month to month basis for an additional six (6) months at a monthly rental rate of $3,616.67. 5. The monthly lease rate includes all utilities, maintenance, custodial services and parking. 6. The Department of Facilities Management along with Corporation Counsel has reviewed all the necessary agreements and documents. 7. The cost for this lease is covered in the Information Technology budget, therefore, no budget amendments are required. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #99064 March 18, 1999 Moved by Palmer supported by Amos the resolution be adopted. AYES: McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Devine, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. I HEREf3 Jot" AO L., brooks P • ' arson. County Executive HE FORESOING RfSOLyTION Vd-V(5- Date STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 March 18, 1999 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand ad affixed the seal of the County of Oakland at Pontiac, Michigan this Wth dOS, of March/11999. G. William Caddell, County Clerk