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HomeMy WebLinkAboutResolutions - 2000.05.04 - 26153REPORT (Misc . #00073) BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON RE: MR#00073, DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR LEASE SPACE FOR COMMUNITY CORRECTIONS INSTEP PROGRAM AT 5640 WILLIAMS LAKE ROAD, WATERFORD, MI 48329 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: The Planning and Building Committee, having reviewed MR#00073, reports with the recommendation that the resolution be amended as follows: Second WHEREAS paragraph, line 1, change "1,105" to --1,100--; Third WHEREAS paragraph, line 2, change "lease" to --sublease--; Fourth WHEREAS paragraph, line 1, change "lease" to --sublease--; same line, change "April 1, 2000" to --May 4, 2000--; Sixth WHEREAS paragraph, line 1, change "lease" to --sublease--; In the NOW THEREFORE BE IT RESOLVED paragraph line 2, change "lease" to --sublease--; In the BE IT FURTHER RESOLVED paragraph, line 2, change "lease" to --sublease--. The committee further recommends that the attached revised lease be substituted for the lease which was forwarded to the Board on April 6, 2000. Chairperson, on behalf of the Planning and Building Committee, I move the acceptance of the foregoing Report. April 6, 2000 REPORT (Misc . #00073) BY: PLANNING AND BUILDING COMMITTEE — CHARLES E. PALMER, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR LEASE SPACE FOR COMMUNITY CORRECTIONS INSTEP PROGRAM AT 5640 WILLIAMS LAKE ROAD, WATERFORD, MI 48329 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS CHAIRPERSON, LADIES AND GENTLEMEN: The Planning and Building Committee, having reviewed the above-referenced resolution, reports with the recommendation that adoption of the resolution is contingent upon approval by Waterford Township. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Planning and Building Committee Action: There were no objections. 7, • April 6, 2000 MISCELLANEOUS RESOLUTION # 00073 BY: PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER, CHAIRPERSON In RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR LEASE SPACE FOR COMMUNITY CORRECTIONS INSTEP PROGRAM AT 5640 WILLIAMS LAKE ROAD, WATERFORD, MI 48329 TO OAKLAND COUNTY BOARD OF COMMISSIONERS CHAIRPERSON, LADIES, AND GENTLEMEN: WHEREAS, the Charter Township of Waterford, Michigan presently provides office space for Community Corrections Instep Program in the Four Towns Church in Waterford Township; and WHEREAS, the Charter Township of Waterford has identified office space of 1,105 square feet that is available at 5640 Williams Lake Road, Waterford, Michigan and would satisfy the needs of the Community Corrections Instep Program; and WHEREAS, the County of Oakland and the Charter Township of Waterford have agreed to a new lease agreement for a period of three (3) years at a rate of $1.00 per year with an option to extend the lease for an additional three (3) year period; and WHEREAS, the effective date of said lease shall be April 1, 2000 or such subsequent date as directed by the Board; 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 between the Charter Township of Waterford and the County of Oakland. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes the new lease agreement at 5640 Williams Lake Road, Waterford, Michigan between the Charter Township of Waterford and the County of Oakland for a period of three (3) years with the option to extend the lease for an additional three (3) 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 5640 Williams Lake Road, Waterford, Michigan 48329 between the Charter Township of Waterford and the County of Oakland. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. NG AND BUILDING-COMMITTEE Planning and Building Committee Vote: Motion carried unanimously on a roll call vote. LEASE This Lease is made and entered into as of this day of , 2000, by and between the Charter Township of Waterford, a Municipal Corporation, whose address is 5200 Civic Center Drive, Waterford, Michigan 48329 (hereinafter referred to as "LANDLORD"), and the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereinafter referred to as "TENANT"). 1. Leased Premises. LANDLORD, in consideration of rent to be paid, and the covenants to be performed by TENANT, does hereby lease unto TENANT, and TENANT hereby rents from LANDLORD for use by TENANT, those certain premises located at 5640 Williams Lake Road, Waterford, MI 48329, one thousand and thirty (1,030)square feet of space(hereinafter referred to as the "Premises"). 2. Term. The term of this Lease shall commence upon April 1, 2000 and shall end on the date three (3) years after such commencement date (hereinafter referred to as the "Original Term"). 3. Rent. From the commencement date of this Lease until the date three(3) years after such commencement date, TENANT agrees to pay to LANDLORD, as fixed annual rent hereunder, the sum of One Dollar and 00/100 ($1.00) per year, which sum shall be payable by TENANT to LANDLORD on or before the first day of each lease year. 4. Option to Extend for Second Term. LANDLORD hereby grants to TENANT the option to extend the Original Term of this Lease for an additional three(3) year period (hereinafter referred to as the "Second Term"), said Second Term to commence on such date as the Original Term ends, and said Second Term shall end on the date three(3) years after the Second Term commenced. All of the provisions of this Lease herein provided shall continue without modification during a Second Term. TENANT shall notify LANDLORD in writing of its exercise of this option at least ninety (90) calendar days before the expiration of the Original Term of -this,Lease. A new Lease agreement for a Second Term shall be unnecessary on such extension, this agreement constituting a present demise for.both the Original Term and any Second Term. 5. Ownership. LANDLORD warrants that it will remain the sole owner of the Premises at all times during the TENANT'S occupancy of the Premises, and shall not transfer ownership of same, without the consent of the County Executive and the Chairman of the Oakland County Board of Commissioners, which shall not be unreasonably withheld. 6. Place of Payment. Payments due under this Lease from TENANT to LANDLORD shall be paid at the address of LANDLORD set forth above, or at such other place as LANDLORD may designate in writing. 7. Use and Occupancy. The Premises shall not be used in violation of any law, municipal ordinance of regulation. 8. Equipment and Furnishings. LANDLORD shall provide, at its own expense, all telephone systems and equipment necessary in connection with its use and occupancy of the Premises. LANDLORD shall be solely responsible for the maintenance and repair of all such property at its own expense. TENANT shall pay monthly charges for the use of the telephone system. TENANT shall provide the furniture it deems necessary in connection with its use and occupancy of the Premises. 9. Care of Premises. TENANT shall keep the Premises in good repair, wear and tear from reasonable use and damage by the elements excepted. 10. Compliance with Law. 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. 11. 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 LANDLORD, unless LANDLORD shall elect not to rebuild. 12. Insurance. LANDLORD shall maintain comprehensive general liability insurance with respect to the Premises, at its own expense, in at least the amount of One Million Dollars ($1,000,000). 13. Indemnification. LANDLORD shall at all times save, defend, indemnify-and hold 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 LANDLORD, its agents or employees. 14. Repairs. LANDLORD shall maintain and keep in good repair the roof, ceilings, walls, floors, foundations, 2 electrical systems, plumbing, sidewalks, parking areas, exterior glass, heating and cooling systems at the Premises and septic system if applicable. 15. Alterations or Improvements. TENANT shall not make alterations or improvements whatsoever to or upon the Premises without the prior written consent of LANDLORD. Any alterations or improvements made upon the Premises shall become an integral part of the Premises and shall become the sole property of LANDLORD immediately upon the completion thereof, unless otherwise agreed to in writing by the parties hereto. 16. Security. LANDLORD agrees to provide lighting for the 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. 17. Sig s. TENANT may attach, install or erect such signs on the interior walls of the Premises as may be necessary in connection with the conduct of TENANT'S usual business at the Premises. 18. Assignment. TENANT will not assign, sublet or in any manner transfer this Lease or any estate or interest therein without the prior written consent of LANDLORD. 19. Utilities. LANDLORD shall be solely responsible for and promptly pay all charges for water, gas, heat, electricity, sewer, and any other utility used or furnished to the TENANT. 20. Parking. LANDLORD agrees to provide sufficient parking. 21. axes. From and after the commencement date of this Lease, LANDLORD agrees to pay all real estate taxes assessed or imposed against the Premises directly to the taxing authority prior to the date on which any penalty for the nonpayment of such taxes attaches. 22. Services. LANDLORD agrees to provide, at its own expense, and shall be responsible for all maintenance, custodial, and operational services. In addition to the maintenance of mechanical and electrical systems are such incidental items as heating/cooling adjustments, light bulb replacements, leaky faucet and clogged drain repairs, etc. LANDLORD is also responsible, at its own expense, for trash removal, snow and ice removal from sidewalks, steps and parking areas, complete parking lot maintenance, lawn care services, and complete janitorial services. 23. Ouiet Enjoyment. Upon payment by TENANT of the rents herein provided, and upon the observance and performance of all 3 of the terms, conditions and covenants required of TENANT hereunder, TENANT shall peacefully and quietly hold and enjoy the Premises for any term of this Lease without hindrance or interruption by LANDLORD or any person legitimately by, through or under LANDLORD, subject, nevertheless, to the terms and conditions of this Lease. 24. Liens. TENANT covenants and agrees that it will not permit any liens or encumbrances of any kind or nature whatsoever to attach to the Premises, by leasehold improvements at the Premises or TENANT'S interest in this Lease by reason of any act or omission of TENANT. 25. Modifications. This Lease may be modified or amended only by the written agreement of LANDLORD and TENANT. 26. Governing Law. This Lease shall be interpreted under and governed by the laws of the State of Michigan. 27. Severability. If any provisions of this Lease, or the application thereof, to any extent becomes invalid or unenforceable, the remainder of this Lease, or the application of such provision to the parties or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 28. Entire Agreement. This Lease and the Exhibits attached hereto constitute the entire agreement of the parties hereto with respect to the Premises, and all prior negotiations, agreements and understandings, either oral or written, are hereby merged herein. 29. Binding Effect. The terms and conditions of this Lease shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. 30. Use of Words. The pronouns and relative words herein used shall be read interchangeably in masculine, feminine or neuter, singular or plural, as the respective case may be. 31. Notice:- Any notice or other communication required or desired to be given hereunder 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 chartes 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 by mail shall be deemed given two (2) daysafter the same is deposited in a regularly maintained receptacle for the deposit 4 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 notice thereof in the manner hereinbefore provided for the giving of notices. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. WITNESSES: (LANDLORD) By: COUNTY OF OAKLAND, a Michigan Constitutional Corporation (TENANT) By: 1. Chairperson Oakland County Board of Commissioners STATE OF MICHIGAN ) ) ss COUNTY OF OAKLAND. ) ‘ The foregoing instrument was.acknowledged before me this day of , 2000, by ELAINE G. McCRACKEN 5 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 , Chairperson of the Board of Commissioners of the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, on behalf of the Corporation. • ELAINE-G. McCRACKEN 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 L. BROOKS PATTERSON, County Executive of the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, on behalf of the Corporation. Notary Public, Oakland County, Michigan My Commission Expires: 6 Resolution #00073 April 6, 2000 The Chairperson referred the resolution to the Planning and Building Committee. There were no objections. FISCAL NOTE (Misc. #00073) May 4, 2000 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR LEASE SPACE FOR COMMUNITY CORRECTIONS INSTEP PROGRAM AT 5640 WILLIAMS LAKE ROAD, WATERFORD, MI 48329 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. The Charter Township of Waterford has identified office space of 1,105 square feet available for sub-lease to Oakland County for the Community Corrections Instep Program. 2. The sub-lease agreement is for a period of three (3) years at the rate of $1 per year with an option to extend the lease for an additional three (3) year period. The effective date of the sub-lease is April 1, 2000 or such subsequent date as directed by the Board. 3. The County is responsible for remodeling costs, which will be provided by grant funds already accepted from the Juvenile Accountability Incentive Block Grant. 4. No additional appropriation is required. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Palmer and Douglas absent. ( cLake-°1-fir4-0 --di 7777 c2Doo SUB-LEASE This Sub-Lease is made and entered into as of this day of , 2000, by and between the Charter Township of Waterford, a Municipal Corporation, whose address is 5200 Civic Center Drive, Waterford, Michigan 48329 ("SUBLESSOR"), and the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341 ("SUBLESSEE"). Sublessor shall be referred to as "TOWNSHIP" and Sublessee as the "COUNTY". 1. Sub-Leased Premises. TOWNSHIP, in consideration of rent to be paid, and the covenants to be performed by COUNTY, does hereby Sub-Lease unto COUNTY, and COUNTY hereby rents from TOWNSHIP for use by COUNTY, those certain premises located at 5640 Williams Lake Road, Waterford, MI 48329, one thousand one hundred (1,100) square feet of space (hereinafter referred to as the "Premises"). 2. Term. The term of this Sub-Lease shall commence upon and shall end on the date three (3) years after such commencement date (hereinafter referred to as the "Original Term"). 3. Rent:Contingency. From the commencement date of this Sub-Lease until the date three (3) years after such commencement date, COUNTY agrees to pay to the TOWNSHIP, as fixed annual rent hereunder, the sum of One Dollar and 00/100 ($1.00) per year, which sum shall be payable by COUNTY to TOWNSHIP on or before the first day of each Sub-Lease year. However, it is agreed that the effectiveness of this Sub-Lease is contingent upon the COUNTY installing a "HVAC" roof mounted heating and cooling system for the Sub-Leased Premises prior to taking occupancy. 4. Option to extend Sub-Lease. The TOWNSHIP hereby grants the COUNTY the option to extend the Original Term of this Sub-Lease for an additional three (3) year period, subject to being negotiated by the parties. The COUNTY shall notify the TOWNSHIP in writing of its exercise of this option at least ninety (90) calendar days before the expiration of the Original Term of this Sub-Lease. The terms and conditions for a second lease term shall be negotiated at the time the COUNTY notifies the TOWNSHIP of its right to exercise the option to extend. 5. Premises Interest. TOWNSHIP agrees that in the event it acquires title of the Premises during the COUNTY'S occupancy of the Premises, it shall not transfer ownership of same, without the consent of the County Executive and the Chairman of the Oakland County Board of Commissioners, which shall not be unreasonably withheld. The Township shall attach hereto written consent of the owner of the property, Community Activity Incorporated to the Sub-Leasing of this property to the COUNTY, and to the COUNTY'S Installation of the HVAC roof-mounted Heating and Cooling System. 6. Place of Payment. Payments due under this Sub-Lease from COUNTY to TOWNSHIP shall be paid at the address of TOWNSHIP set forth above, or at such other place as TOWNSHIP may designate in writing. 7. Use of Occupancy. The Premises shall not be used in violation of any law, municipal ordinance of regulation. 8. Equipment and Furnishings. TOWNSHIP shall provide, at its own expense, all telephone systems and equipment necessary in connection with its use and occupancy of the Premises. COUNTY shall be solely responsible for the maintenance and repair of all such property at its own expense. COUNTY shall pay monthly charges for the use of the telephone system. COUNTY shall provide the furniture it deems necessary in connection with its use and occupancy of the Premises. 9. Care of Premises. COUNTY shall keep the Premises in good repair, wear and tear from reasonable use and damage by the elements excepted. 10. Compliance with Law. TOWNSHIP 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. The COUNTY acknowledges that it has fully inspected the Premises and common areas, and is satisfied with the conditions thereof. 11. Destruction of Premises. In the event the Premises are partially or totally damages or destroyed by fire or other casualty, the damage to the Premises shall be promptly repaired or rebuilt by TOWNSHIP, unless TOWNSHIP shall elect not to rebuild. 12. Insurance. TOWNSHIP shall maintain Commercial General Liability insurance in the minimum amount of $1,000,000 combined Single Limit per occurrence, including Contractual Liability coverage recognizing this contract. The COUNTY shall maintain Commercial General Liability insurance and/or self-insurance on its use and occupancy of the Sub-Leased premised in the same amount. It is hereby understood and agreed between the undersigned, with regard to the premises and/or contents, that to the extent that a loss is covered by insurance, the parties agree that TOWNSHIP shall not be liable to COUNTY and COUNTY shall not be liable to TOWNSHIP for any loss resulting directly or indirectly from losses such as but not necessarily limited to fire, explosion, smoke damage, vehicle damage, aircraft damage, riot and civil commotion, vandalism and malicious mischief. 13. Mutual Responsibility. Each party shall be responsible for its own acts and the acts of its employees and agents, and the defense to those acts. Nothing in this Sub-Lease shall be construed to permit or require either party to indemnify the other against any possible loss or claim arising from the contract. - 2 14. Repairs. TOWNSHIP shall maintain and keep in good repair the roof, ceilings, walls, floors, foundations, electrical systems, plumbing, sidewalks, parking areas, exterior glass, heating and cooling systems at the Premises and septic system is applicable. However, any damage to the Premises caused from abuse by the COUNTY or its employees or invitees shall be repaired solely at the COUNTY'S expense. 15. Alteration or Improvements. COUNTY shall not make alterations or improvements whatsoever to or upon the Premises without the prior written consent of TOWNSHIP and owner. Any alterations, improvements or fixtures attached to or made upon the Premises shall become an integral part of the Premises and shall become the sole property of TOWNSHIP and owner immediately upon the completion thereof, unless otherwise agreed to in writing by the parties hereto. 16. Security. TOWNSHIP agrees to provide lighting for the 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. 17. Signs. COUNTY may attach, install or erect such signs on the interior walls of the Premises, as may be necessary in connection with the conduct of COUNTY'S usual business at the Premises. 18. Assignment COUNTY will not assign, sublet or in any manner transfer this Sub-Lease or any estate or interest therein without the prior written consent of TOWNSHIP and the owner. 19. Utilities. TOWNSHIP shall be solely responsible for and promptly pay all charges for water, gas, heat, electricity, sewer, and any other utility used or furnished to the COUNTY. The COUNTY agrees to use and consume such utilities only as are reasonably necessary, without waste or excess use. 20. Parking. TOWNSHIP agrees to provide sufficient parking. 21. Taxes. From and after the commencement date of this Sub-Lease, TOWNSHIP agrees to pay all real estate taxes assessed or imposed against the Premises directly to the taxing authority prior to the date on which any penalty for the nonpayment of such taxes attaches. 22. Services. TOWNSHIP agrees to provide, at its own expense, and shall be responsible for all maintenance, custodial, and operational services for the common areas, such as entrances, hallways, restroom facilities, parking lot and the like. The COUNTY shall provide, at its own expense, any janitorial or custodial services desired or required for the cleaning and upkeep of its Sub-Leased Premises. In additional to the maintenance of mechanical and electrical systems, TOWNSHIP shall also be responsible for such incidental items as heating/cooling adjustments, light bulb replacements, leaky faucets and clogged drain repairs etc. TOWNSHIP is also responsible, at its own expense, for trash removal, snow and ice removal from 3 sidewalks, steps and parking areas, complete parking lot maintenance and lawn care services. 23. Quiet Enjoyment. Upon payment by COUNTY of the rents herein provided, and upon the observance and performance of all of the terms, conditions and covenants required of COUNTY hereunder, COUNTY shall peacefully and quietly hold and enjoy the Premises for any term of this Sub-Lease without hindrance or interruption by TOWNSHIP or any person legitimately by, through or under TOWNSHIP, subject, nevertheless, to the terms and conditions of this Sub-Lease. 24. Liens. COUNTY covenants and agrees that it will not permit any liens or encumbrances of any kind or nature whatsoever to attach to the Premises, by Sub- Leasehold improvements at the Premises or COUNTY'S interest in this Sub-Lease by reason of any act or omission of COUNTY. 25. Modifications. This Sub-Lease may be modified or amended only by the written agreement of TOWNSHIP and COUNTY and owner. 26. Governing Law. This Sub-Lease shall be interpreted under and governed by the law of the State of Michigan. 27. Severability. If any provisions of this Sub-Lease, or the application thereof, to any extent becomes invalid or unenforceable, the remainder of this Sub- Lease, or the application of such provisions to the parties or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Sub-Lease shall be valid and enforceable to the fullest extent permitted by law. 28. Entire Agreement. This Sub-Lease and the Exhibits attached hereto constitute the entire agreement of the parties hereto with respect to the Premises, and all prior negotiations, agreements and understandings, either oral or written, are hereby merged herein. 29. Binding Effect The terms and conditions of this Sub-Lease shall be binding and shall inure to the benefit of the parties hereto and there respective heirs, representatives, successors and assigns. 30. Use of Words. The pronouns and relative words herein used shall be read interchangeably in ,masculine, feminine or neuter, singular or plural, as the respective case may be. 31. Notice. Any notice or other communication required or desired to be given hereunder 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 4 on the date on which the same is actually serves, and any notice which is sent 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 Sub-Lease by giving the other party notice thereof in the manner hereinbefore provided for the giving of notices. 32. Additional First Floor Space. TOWNSHIP agrees that it shall provide space on the first floor on an "as needed" basis to accommodate special COUNTY'S needs with regard to handicap accessibility upon reasonable prior notice. 33. Common Areas. The term "Common Areas" shall include, without limitation, facilities, service corridors, pedestrian sidewalks, stairways, hallways, bathroom area, decorative walls, landscaped and planting area and facilities which may be furnished by TOWNSHIP in or near the building which are outside of the Sub-Lease Premises, and designated from time to time by TOWNSHIP as Common Areas. COUNTY shall have access to all parking areas, access roads, driveways, loading areas, retaining walls, lighting and COUNTY'S invitees shall have the right during the term of this Sub-Lease to use the Common Areas. TOWNSHIP shall at its sole cost and expense, operate and maintain the Common Areas. IN WITNESS WHEREOF, the parties hereto have executed this Sub-Lease as of the date and year first above written. WITNESSES: (TOWNSHIP) By: COUNTY OF OAKLAND, a Michigan Constitutional Corporation (COUNTY) By: Chairperson Oakland County Board of Commissioners STATE OF MICHIGAN § COUNTY OF OAKLAND On this day of , 2000, before me the subscriber, a Notary Public in and for said County, personally appeared: , to 5 me known to be the same described in and who executed the within instrument, and who have acknowledged the same to be their free act and deed. Notary Public County of Oakland, State of Michigan My commission expires 6 Oakland County Department of Facilities Management Property Management Unit One Public Works Drive Waterford, Michigan 48328 (248) 858-5380 Fax (248) 452-2250 Inter-Office Memorandum Date: 4/4/2000 To: Mr. Charles Palmer, Chairman Oakland County Board of Commissioners Planning and Building Committee 4 PI From: Michael D. Hughson ,/Z// Property Management Specialist Re: Sublease of New Office Space Community Corrections, In Step Program 5640 Williams Lake Rd., Waterford, Mi. 48329 Waterford C. A. I. Building The Department of Facilities Management has received a request from the Department of Community Corrections to locate office space for its In Step Program in the Waterford Township area. Therefore, in accordance with the Board of Commissioners Rules and procedures for the sale, lease and/or purchase of property, the Departments of Facilities Management and Community Corrections are requesting committee approval of the attached sublease agreement for office space at the above property. The property is owned by Community Activities, Incorporated and is leased to The Charter Township of Waterford for community programs. The building is located at the above address in Waterford Township. The office space under consideration is located on the second floor of the building and contains 1,100-sf. The proposed rental rate is $1.00 per year which is inclusive of building maintenance, custodial service, snow removal, trash removal, heat and all utility cost except telephone service. The County will be responsible for all of the office build out expenses including installation of a roof top air conditioning unit. The build out and air conditioning expense will be offset by a grant obtained by the department of Community Corrections from the Juvenile Accountability Incentive Block Grant program and will result in no actual cost to the County. The proposed term of the lease is for 3 years with an option to extend the lease for an additional 3-year period. The proposed commencement date of the lease is May 4, 2000. Sublessor/Landlord: Charter Township of Waterford 5200 Civic Center Drive Waterford, Mi. 48329 Given the lack of available office space on the County Complex and the willingness of Waterford Township to participate in this program it is the recommendation of the Department of Facilities Management that the Planning and Building Committee grant its approval of the Sublease agreement. The proposed sublease agreement is attached and I have prepared a resolution for Board of Commissioners consideration. Cc: D. Ross APR-05-2000 15:07 °MOEN Asthma. O. haw loglervivor 1107 /*dim as* o*. Illake.Thisever , Nit?. MAIN 'haulm Past g. DriAturlies &Us Olbos, Jose A Sae% Wafts S I LUER LK LAW CENTER WATEMDD A ClIAM TOWN8iliP COO Civic Coster Drive Waterford, Michigan 48329-3773 TSiephoos: (2418) 614-3111 • Fs= t3411) 674-4097 12486742949 P.02 Onrailimaor. IllUILDING Ss 124004ZENING Douglas W. Bradley, Pi Diellaat brat A. Csiton : Awn Director 0.1604 Robert A. Meriaidty Ass*. Director ot tnginessial MEMORANDUM Apri 5,2000 To: Katherine lanes -- Township Supervisor From Douglas W. Bradley - Building and Engineering Director Re: Barrier. Free Conapliance Existing CAL Building 5640 Williams Lake Road, Waterford Township I have recently inspected the existing C.A.1. building, located at 5640 Williams Lake Road, Wading the =maces, walkways, stairs, hallways, toilet rooms and elevator for compliance with the Michigan Barrier Free Requirements. Be advised that under thc proons of * 408.30427b - BARRIER FREE DESIGN REQUIREMENTS FOR EXISTING BUILDINGS, At 0230 of the Public Acts of 1972 ) as Amended (State Construction code Act of 1972), the facilities at the existing C.A.I. building arc not currently in violation of the Michigan Barrier Fire Requirements. cc: R. Cartuni Paiks & Rec. P. Donlin -.Attorney file Gt William Caddell, County lèi Resolution #00073 May 4, 2000 Moved by Palmer supported by Amos the two Planning and Building Committee Reports be accepted. A sufficient majority having voted therefor, the reports were accepted. Moved by Palmer supported by Amos the resolution be adopted. Moved by Palmer supported by Amos the resolution be amended to coincide with the recommendations in the two Planning and Building Committee Reports. A sufficient majority having voted therefor, the amendments carried. Vote on resolution, as amended: AYES: McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Colasanti, Coleman, Dingeldey, Galloway, Garfield, Gregory, Jensen, Law. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. I HERAEiell4; THE FOREGOING RESOLUTION; S7/01.0 Date L. Brooks PaAison. County Executive 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 4, 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 4th day o; May, 2000.