HomeMy WebLinkAboutResolutions - 2000.05.18 - 26150MAY 18, 2000
MISCELLANEOUS RESOLUTION #00122
BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON
In RE: DEPARTMENT OF• FACILITIES MANAGEMENT — REQUEST FOR LEASE SPACE FOR
COMMUNITY CORRECTIONS AT 2300 DIXIE HIGHWAY, WATERFORD, MI 48328
TO: OAKLAND COUNTY BOARD OF COMMISSIONERS
CHAIRPERSON, LADIES, AND GENTLEMEN:
WHEREAS, the County of Oakland presently provides office space for Community Corrections in the
County Executive Building, Oakland Pointe Building and the West VVing Extension of the Courthouse; and
WHEREAS, Community Corrections is desirous of consolidating its staff and programs at one
location; and
WHEREAS, other County departments located in the Executive Office Building, the Oakland Pointe
Building and the West Wing Extension of the Courthouse require additional office space; and
WHEREAS, the Department of Facilities Management has identified office space of 9,751 square feet
which is available at 2300 Dixie Highway, Waterford, Michigan 48328 that would satisfy the needs of
Community Corrections; and
WHEREAS, the County of Oakland and 2300 Dixie Highway, L.L.C. have agreed to a new lease
agreement for a period of five (5) years at a rate of $17.90 per square foot per year with an option to extend
the lease for an additional five (5) year period; and
WHEREAS, the effective date of said lease shall be July 1, 2000 or upon issuance of a certificate of
occupancy by Waterford Township; and
WHEREAS, the Department of Facilities Management along with Corporation Counsel have reviewed
all the necessary agreements and documents.
WHEREAS, the County Executive recommends this new lease agreement at 2300 Dixie Highway,
Waterford, Michigan 48328 between 2300 Dixie Highway, L.L.C. and the County of Oakland.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes
the new lease agreement at 2300 Dixie Highway, Waterford, Michigan 48328 between 2300 Dixie Highway,
L.L.C. and the County of Oakland for a period of five (5) years with the option to extend the lease for an
additional five (5) year period.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs
its Chairperson or its designee to execute the lease agreement at 2300 Dixie Highway, Waterford, Michigan
48328 between 2300 Dixie Highway, L.L.C. 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
Planning & Bldg. Committee Vote:
Motion carried unanimously on a roll call vote with Amos, Schmid and Sever
absent.
LEASE
This Lease is made and entered into on the day of , 2000, by
2300 DDCEE HIGHWAY LLC, a Michigan Limited Liability Company, 2300 Dixie Highway, Suite
100, Waterford, Michigan 48328 ("LANDLORD"), and the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("TENANT").
1. Leased Premises. In consideration of the Rent to be paid and the covenants to be
performed by the TENANT, the LANDLORD leases to the TENANT and the TENANT rents from
the LANDLORD portions of the office building located at 2300 Dixie Highway, Waterford,
Michigan 48328, containing 9751 square feet ("Premises").
2. Term. The Term of this Lease shall commence 60 days from the date this Lease is
executed or when a Certificate of Occupancy is issued, whichever is later. The Term of this Lease
shall end five (5) years after the commencement date. This Lease may be renewed for an additional
five (5) year Term by written agreement between the LANDLORD and the TENANT. The
TENANT must provide the LANDLORD with notice of its desire to renew this Lease 180 days
before the expiration of the initial Term. The Rent for the additional five (5) year Term will be
determined at the time the Lease is renewed. The TENTANT shall have occupancy of the Premises
60 days from the date this Lease is executed, or when a Certificate of Occupancy is issued,
whichever is later.
3. Rent. From the date this Lease commences until the Lease expires or is terminated,
the TENANT agrees to pay the LANDLORD $17.90 per square foot. This sum includes all utilities
(except for electric costs incurred by the TENANT in its suite at the Premises), maintenance,
custodial service, snow removal, lawn maintenance, trash removal, and taxes for the Premises.
4. Partial Month Rent Proration. Should the Term of this Lease commence on a day
other than the first calendar day of a month, then the Rent for such month and the last month of the
Term shall be prorated upon a daily basis based upon a thirty (30) day calendar month.
5. Place and Date of Payment. Payments due under this Lease from the TENANT to
the LANDLORD shall be paid at the address of the LANDLORD set forth above, or at such other
place as LANDLORD may designate in writing. The Rent due under Paragraph 3 of this Lease shall
be paid on a monthly basis. The monthly rental payment shall be paid on the first calendar day of
each month or another date agreed to by both Parties. The Rent shall be paid without any deduction
or set off.
6. Hold Over. In the event the TENANT holds over after the expiration of the original
Term of this Lease without a written agreement between the LANDLORD and the TENANT, the
hold over shall be construed to be a tenancy from month-to-month on the same terms and conditions
contained in this Lease, except that the Rent to be paid by the TENANT to the LANDLORD shall
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be equal to 120% of the Rent contained in Paragraph 3 of this Lease.
7. Build-Out. Certain portions of the Premises are being remodeled by the
LANDLORD. The TENTANT shall incur no expense or pay no fee or cost in relation to the
remodeling.
8. Use and Occupancy. The Premises shall not be used in violation of any law,
municipal ordinance, or regulation. Upon expiration or termination of this Lease, the TENANT shall
surrender the Premises in the same condition when taken, and shall remove its personal property.
9. Equipment and Furnishings. The TENANT shall provide, at its own expense, all
computer and telephone systems, furniture and equipment it deems necessary. The TENANT, at its
own expense, shall be solely responsible for the maintenance and repair of all computer and
telephone systems, furniture and equipment.
10. Taxes. All taxes are included in the rental payments due under Paragraph 3 of this
Lease, except for any taxes assessed on the TENANTs personal property. The TENANT will be
responsible for any increase of real property tax with respect to the Premises during the year 2002
and for the remaining years of the LEASE. The LANDLORD will be responsible for any increase
of real property tax with respect to the Premises that occurs during years 2000 and 2001.
11. Maintenance and Repairs. The LANDLORD shall maintain and keep the Premises
in good repair, including, but not limited to, the roof, ceilings, walls, floors, foundations, electrical
systems, plumbing, sidewalks, parking areas, exterior glass, heating and cooling systems, and the
replacement of light bulbs. If any repairs to the Premises are required (except for normal wear and
tear), as a result of the TENANT's actions, its employees, agents, customers, licensees or invitees,
the TENANT shall be responsible for making such repairs.
12. Utilities and Services.
a. Utilities. The LANDLORD shall be solely responsible for and promptly pay all
utilities, including water, gas, heat, electricity (except as described in the next sentence),
sewer service and any other utility used or furnished to the TENANT. The TENANT shall
be responsible for electric costs incurred in its suite at the Premises. The LANDLORD shall
be responsible for electric costs incurred outside the TENANTs suite at the Premises such
at electricity used in the parking lot and common areas of the Premises.
b. Services. The TENANT agrees to pay all costs associated with maintaining and
operating its telephone system, computer system and any other system the TENANT installs
in the Premises. The LANDLORD agrees to provide, at its own expense, custodial services
(including, but not limited to, cleaning the Premises and providing paper towels, toilet paper,
and soap) trash removal, snow and ice removal from sidewalks, steps and parking areas,
complete parking lot maintenance and lawn care services.
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13. Compliance with Laws. The LANDLORD agrees, at its own expense, to promptly
comply with all applicable federal, state and municipal laws and regulations affecting the Premises,
including any barrier-free requirements. If the LANDLORD fails to comply with such laws and
regulations, the TENANT may give the LANDLORD written notice of its intent to terminate the
Lease one hundred fifty (150) days after the LANDLORD'S receipt of the written notice. If the
LANDLORD complies with the laws and regulations within the one hundred fifty (150) day period,
the TENANT shall not have the right to terminate the Lease.
14. Destruction of Premises. In the event, the Premises are partially or totally damaged
or destroyed by fire or other casualty, the damage to the Premises shall be promptly repaired or
rebuilt by the LANDLORD. In the event the Premises cannot be repaired or rebuilt within one
hundred eighty (180) days after such destruction, the TENANT shall have the right to terminate this
Lease and vacate the Premises upon written notice to the LANDLORD, after the expiration of such
one hundred eighty (180) day period. If more than thirty-five percent (35%) of the Premises are
damaged or destroyed by a casualty, the LANDLORD may elect to either repair or rebuild the
Premises, or to terminate this Lease by giving written notice to the TENANT within ninety (90) days
after the occurrence of such damage or destruction. If the LANDLORD elects not to rebuild or
repair the Premises, then the Rent owed by the TENANT shall be reduced in proportion to the
fraction of the Premises rendered unusable (in the discretion of the TENANT) until the Premises are
repaired or rebuilt. In no event shall the LANDLORD be required to repair or reri ace any property
of the TENANT.
15. Insurance. The TENANT is self-insured. The LANDLORD agrees to provide the
following insurance or similar insurance:
a. Commercial General Liability Insurance in the minimum amount of
$1,000,000 Combined Single Limit per occurrence, including Contractual Liability
coverage recognizing this contract.
b. Workers' Compensation as required by statute. Employers Liability
(coverage B) in the minimum amount of $500,000 per occurrence.
c. All Insurance Certificates are to provide 30 days notice of material change or
cancellation. Certificates of Insurance and insurance binders must be provided no
less than ten (10) working days before commencement of this Lease.
d. Mutual Waiver of Subrogation. With regard to the premises and/or contents,
to the extent that a loss is coveted by insurance, the LANDLORD agrees that the
TENANT (his agents and/or employees) shall not be liable to the LANDLORD and
the LANDLORD shall not be liable to the TENANT for any loss resulting directly
or indirectly from fire, explosion, smoke damage, vehicle damage, aircraft damage,
riot and civil commotion, vandalism and malicious mischief, or other similar event.
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16. Indemnification. The LANDLORD shall save, defend, indemnify and hold the
TENANT harmless from and against any and all loss, cost, liability, damage, expense (including,
without limitation, reasonable attorneys' fees), penalties, fines and claims whatsoever in connection
with loss of life, personal injury and/or damage to property arising from any negligent or willful acts
or omissions of the LANDLORD, its agents or employees.
17. Alterations or Improvements. The TENANT shall not make any alterations or
improvements to or upon the Premises without the prior written consent of the LANDLORD. Any
alterations or improvements made to or upon the Premises shall become an integral part of the
Premises and shall become the sole property of the LANDLORD immediately upon the completion,
unless agreed to in writing by the Parties.
18. Security. The TENANT acknowledges that during this Lease, the LANDLORD has
the right to have keys for access to the Premises upon written request by the LANDLORD. The
LANDLORD shall use the keys only for inspecting, repairing and/or maintaining the Premises. The
LANDLORD agrees to provide lighting for the interior and exterior of the Premises, including
parking areas directly adjacent to the Premises, in an adequate manner consistent with other similar
office buildings in the metropolitan Detroit area.
19. Access. The LANDLORD will provide keys and a key pad and code for the
TENANT's employees, agents, or independent contractors to enter the Premises. The TENANT
shall allow the LANDLORD access to the Premises during regular business hours for the purposes
of inspecting, repairing and/or maintaining the Premises. The LANDLORD shall use its best efforts
not to disrupt the usual operations of the TENANT at the Premises. The TENANT shall also allow
the LANDLORD access to the Premises at any time in case of an emergency.
20. Signs. The TENANT may attach, install or erect signs on the interior walls of the
Premises as necessary for the TENANTS business at the Premises. The TENANT may not attach,
install or erect any signs on the exterior walls of, or the area surrounding, the Premises without the
prior written approval of the LANDLORD and the Township of Waterford as to the form, content,
material, lighting and structure thereof.
21. Assignment. The TENANT shall not assign, sublet or in any manner transfer this
Lease or any estate or interest therein without the prior written consent of the LANDLORD.
22. Parking. The LANDLORD agrees to provide sufficient parking to satisfy the
requirements of the TENANT which is a minimum of 65 parking spaces. The TENANT may use
additional parking spaces, if available.
23. Eminent Domain. If the whole Premises is taken by any public authority under the
power of eminent domain, then this Lease shall be terminated on the day the public authority takes
possession of the whole Premises. If less than the whole, but more than thirty-five percent (35%)
of the Premises are taken by any public authority under the power of eminent domain, then either
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Party may terminate this Lease upon thirty (30) days written notice to the other Party. In the event
neither Party elects to terminate this Lease, the Lease shall terminate on the date the public authority
takes possession of the Premises. Neither Party shall have any future liability or obligation under
the Lease if it is terminated under this Paragraph.
24. Quiet Enjoyment. Upon performance of its obligations under this Lease, the
TENANT shall peacefully and quietly hold and enjoy the Premises for the Term of this Lease
without hindrance or interruption by the LANDLORD, its agents or employees, subject to the terms
of this Lease.
25. Modifications. This Lease may be modified or amended only by written agreement
of the LANDLORD and the TENANT.
26. Governing Law. This Lease shall be interpreted under and governed by the laws of
the State of Michigan.
27. Severability. If a term, condition, or provision of this Lease is found, by a court of
competent jurisdiction, to be invalid, unenforceable, or to violate or contravene federal or state law,
then the term, condition, or provision shall be deemed severed from this Lease; all other terms,
conditions and provisions shall remain in full force and effect.
28. Waiver. No waiver of any term, provision or condition of this Lease, whether by
conduct or otherwise, in one or more instances, shall be deemed or construed as a further continuing
waiver of a term, provision or condition of this Lease. No remedy available to a Party for the other
Party's breach of this Lease is intended to be an exclusive remedy. A Party's exercise of any remedy
for breach of this Lease shall not be deemed or construed to be a waiver of its right to pursue another
remedy.
29. Entire Agreement This Lease constitutes the entire agreement of the Parties with
respect to the Premises, and all prior negotiations, agreements and understandings, either oral or
written, are merged herein.
30. Binding Effect The terms and conditions of this Lease shall be binding and shall
inure to the benefit of the Parties and their respective heirs, lepresentatives, successors and assigns.
31. Use of Words. The pronouns and relative words used in this Lease shall be read
interchangeably in masculine, feminine or neuter, singular or plural, as the context requires.
32. Notice. Any notice or other communication required or desired to be given shall be
deemed to have been sufficiently given for all purposes if delivered personally to the Party to whom
the same is directed, or if sent by registered or certified mail, postage and charges prepaid, addressed
to the address of such Party as set forth above. Any notice which is served personally shall be
deemed to be given on the date on which the same is actually served, and any notice which is sent
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by mail shall be deemed given two (2) days after the same is deposited in a regularly maintained
receptacle for the deposit of United States mail, addressed as provided in the immediately preceding
sentence. Any Party may change its address for purposes of this Lease by giving the other Party
written notice of the address change.
33. Reservation of Rights. This Lease does not and is not intended to impair, divest,
delegate, or contravene any constitutional, statutory, and/or other legal night, privilege, power,
obligation, duty, capacity, or immunity of the TENANT.
34. Default. If the TENANT defaults in any of its obligations under this Lease, the
LANDLORD shall have all remedies available to it under the law.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day
and year above written.
WITNESSES: 2300 DIXIE HIGHWAY, LLC (LANDLORD)
By:
Manager
COUNTY OF OAKLAND (TENANT)
By:
JOHN P. McCULLOCH, Chairperson
Oaldand County Board of Commissioners
STATE OF MICHIGAN )
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) SS.
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this day of
2000, by , Manager of 2300 DIXIE HIGHWAY, LLC.
Notary Public, Oakland County, Michigan
My Commission Expires:
STATE OF MICHIGAN )
) SS.
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this day of
2000, by JOHN P. McCULLOCH, Chairperson of the Board of Commissioners of the COUNTY
OF OAKLAND, a Michigan Constitutional Corporation, on behalf of the Corporation.
Notary Public, Oakland County, Michigan
My Commission Expires:
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FISCAL NOTE (Misc. #00122) May 18, 2000
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR LEASE SPACE
FOR COMMUNITY CORRECTIONS AT 2300 DIXIE HIGHWAY, WATERFORD, MI 48328
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule II-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The Community Corrections Division is desirous of
consolidating its staff and programs at one location from
space currently being occupied in three different
locations; the County Executive Office Building, Oakland
Pointe Building, and West Wing Extension of the Courthouse.
2. Office Space of 9,751 square feet has been identified and
is available for lease from 2300 Dixie Highway L.L.C. for
the Community Corrections Division.
3. The new lease agreement, which will be effective July 1,
2000 or upon issuance of a certificate of occupancy, is for
a period of five (5) years at the rate of $17.90 per square
foot with an option to extend the lease for an additional
five (5) year period.
4. The annual lease cost is $174,543 and the cost for the
remainder of FY 2000 is $43,636.
5. Electrical Services costs are the responsibility of the
County and are estimated to be $12,200 on an annual basis
and $3,050 for the remainder of FY 2000.
6. Funding for FY 2001 and FY 2002 for rent and electrical
services costs will be incorporated in the FY 2001/FY 2002
County Executive Recommended Budget for the Community
Corrections Division.
7. Funding for the remainder of FY 2000 for rent and
electrical services costs is available in the Contingency
account for transfer to the Community Corrections Division
as follows:
General Fund
2-90-290000-25000-2564 Contingency $(46,686)
2-17-402200-70320-3476 Commun.Corrections/Rent 43,636
2-17-402200-70320-2716 Commun.Corr./Electrical 3,050
$ -0-
FINANCE COMMITTEE
•1-%!L- &.0-0-r-1&
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Obrecht absent.
%HEREr
Brook
E FOREGOING RESOLU
Resolution #00122 May 18, 2000
Moved by Palmer supported by Jensen the resolution be adopted.
AYES: Law, McCulloch, McPherson, Melton, Millard, Moffitt, Palmer, Schmid,
Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Dingeldey,
Douglas, Galloway, Garfield, Gregory, Jensen. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
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 May 18, 2000 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 1,X11 day'of May, 2000.
G. William Caddell, County Clerk