HomeMy WebLinkAboutResolutions - 2001.11.29 - 26566PLANINaN & BUILDII•7!Q_COMMITTEE
November 29, 2001
REPORT (MISC. #01309)
BY: PLANNING & BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
RE: PARKS AND RECREATION COMMISSION — RED OAKS WATERPARK LEASE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above referenced resolution on
November 13, 2001, recommends the resolution be adopted.
Chairperson, on behalf of the Planning & Building Committee, I move the acceptance of the
foregoing report.
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Webster and Gregory absent.
FISCAL REPORT (MISC . #01309) November 29, 2001
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION - RED OAKS WATERPARK LEASE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Finance Committee having reviewed the above referenced resolution, reports the following:
1. The Oakland County Parks and Recreation Commission authorized the department to
enter into a 50-year lease for the property at Red Oaks Waterpark to allow for the
addition of new water features.
2. The cost is estimated at $3.3 million for this endeavor.
3. Funding is available in the Parks and Recreation Commission Capital Improvement
Projects Budget.
4. The construction, operational, and maintenance of the facility will be paid for by fees and
charges and Parks millage revenue.
5. There are no fiscal implications, therefore, no budget amendments are necessary.
Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report.
FINANCTE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOLUTION /01309 November 29, 2001
BY: GENERAL GOVERNMENT COMMITTEE, William Patterson, Chairperson
IN RE: PARKS AND RECREATION COMMISSION — RED OAKS WATERPARK LEASE
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentleman:
WHEREAS, the Oakland County Parks and Recreation Commission, at its regular meeting of
November 7, 2001, authorized the department to enter into a lease for the property at the Red Oaks
Waterpark to allow for the addition of new water features; and
WHEREAS, the Oakland County Parks and Recreation Commission is committing $3.3 million in
funds for this endeavor; and
WHEREAS, the residents of Oakland County are the benefactors; and
WHEREAS, the funding for this project is allocated from the Oakland County Parks and
Recreation Commission Capital Improvement Projects Budget; and
WHEREAS, the construction, operational, and maintenance costs of this facility will be paid for
by fees and charges and Parks millage revenues; and
WHEREAS, said lease, which was developed by Oakland County Drain Commissioner staff and
counsel, Park staff, and Oakland County Corporation Counsel, is for a period of 50 years; and
WHEREAS, said lease, which will be between the County of Oakland and the George W. Kuhn
Drain, is for mutual promises only, with no exchange of funds.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the lease agreement between the County of Oakland and the George W. Kuhn Drain for the
property at the Red Oaks Waterpark to allow for the addition of new water features.
Mr. Chairperson, on behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Webster and McPherson absent.
COMMERCIAL LEASE AGREEMENT
This LEASE is made on this day of , 2001, by
and between the DRAINAGE BOARD for the GEORGE W. KUHN DRAINAGE
DISTRICT, 1 Public Works Drive, Waterford Michigan (hereinafter "LESSOR"), and the
COUNTY OF OAKLAND, 1200 N. Telegraph Road, Pontiac, Michigan (hereinafter
"LESSEE").
1. LEASED PREMISES. For and in consideration of the mutual promises contained
herein, LESSOR leases to LESSEE real property in the City of Madison Heights,
Michigan (hereinafter "PREMISES") as described in Exhibit A, subject to all
easements and other conditions set forth herein.
2. TERMS. This lease shall commence on , 2001 and extend for 50 years,
terminating on , 2051, and may be renewed or extended by
written agreement between the parties.
3. "WATERPARK FACILITIES." LESSEE, by and through its PARKS AND
RECREATION COMMISSION, may use the PREMISES for maintenance and
construction of "waterpark facilities" known as Red Oaks County Waterpark.
Such "waterpark facilities" consist of the existing facilities and the expansion of
the waterpark facilities as referenced in "Exhibit B" and as reviewed and
approved by the staff of the Oakland County Drain Commissioner. LESSEE, by
and through its Parks and Recreation Commission, shall be solely responsible for
the expenses of construction, maintenance, and up keep of any "waterparks
facilities" installed upon the PREMISES.
(a) LESSEE agrees that any future expansion of the "waterpark facilities"
on the Premises shall be reviewed and approved in writing by the
LESSOR prior to installation., Any terms related thereto shall be
provided for in an additional agreement between the parties.
(b) Except as otherwise provided in this lease, after construction of any
"waterpark facilities", LESSEE shall be responsible for all future
maintenance, repairs, replacement or other activity in relation to the
"waterpark facilities", including lawn maintenance in the PREMISES,
and any expenses of any type in connection therewith or arising
therefrom, shall be the sole responsibility of LESSEE.
(c) LESSEE shall secure required approvals from any federal, state or
municipal agencies, utility companies, that may be required for the
construction, maintenance, repair, alteration or demolition of any
"waterpark facilities." In the event of an emergency shut down or
removal of "waterpark facilities" this provision will be automatically
waived by LESSOR.
(d) LESSEE shall comply with all easements on the property, whether
recorded, prescriptive or of other origin. LESSOR shall provide
LESSEE and the Parks and Recreation Commission with copies of all
recorded easements effecting said property. (See Exhibit C). In
addition, LESSOR shall provide LESSEE with a written statement
describing any other prescriptive or unrecorded easements Lessor
believes will effect LESSEE'S use of the Premises. LESSEE shall not
interfere with or impair the rights of any easement holder, and shall
use or employ necessary safeguards to prevent any such interference or
impairment.
4. LESSOR'S RESERVATION OF RIGHTS.
(a) LESSEE understands and agrees that the primary and paramount
purpose of the Premises leased herein are for the drain, sewer, and
pollution control facilities that are operated and maintained by
LESSOR. Accordingly, LESSEE covenants and agrees that its
operations of the waterpark shall not damage, impair or interfere with
the operations of the drain, sewer and pollution control facilities that
exist now or in the future. LESSOR reserves the right to inspect the
PREMISES from time to time in order to assure compliance with the
covenants and conditions of this lease. LESSOR shall have access at
all times to any part of the Premises, including any portions of the
property occupied by the "waterpark facilities."
2
(b) In the event that the operations of the "waterpark facilities" disrupt,
interfere or cause damage to the drain, sewer or pollution control
facilities or their operations, LESSEE agrees to immediately cease its
waterpark operations and abate the interference or disruption to drain,
sewer or the pollution control facilities. LESSEE further agrees to
assume liability for any damages to the drain, sewer or pollution
control facilities, or costs to the LESSOR resulting from LESSEE'S
waterpark operations.
(c) LESSEE further understands and agrees that the LESSOR'S
paramount responsibility is to operate and maintain the drain, sewer
and pollution control facilities, and to serve and protect the public
interest. Accordingly, in the event of an emergency, as determined by
the Oakland County Drain Commissioner, the Drain Commissioner
will hand deliver to LESSEE a "Notice of Emergency" specifying
which "waterpark facilities" are disrupting, interfering, or damaging
drain, sewer, or pollution control facilities operated by the Drain
Commissioner for the George Kuhn Drainage District. The LESSEE
will immediately remove or discontinue use of any such "waterpark
facilities" so identified by the Oakland County Drain Commissioner. If
LESSEE fails to comply with the "Notice of Emergency" delivered by
the Drain Commissioner, then the Drain Commissioner may
immediately remove or cause the use to be discontinued of any or all
"waterpark facilities" equipment or supplies on the Premises identified
in the "Notice of Emergency." LESSEE shall be responsible for all
costs for removal of said improvements. LESSOR shall not be liable to
LESSEE for loss revenue or other damages resulting from an
emergency repairs to the drain, sewer or pollution control facilities.
Costs for replacing or restoring "waterpark facilities" shall be shared
equally between LESSOR and LESSEE.
(d) In the event that LESSOR is required to comply with any
administrative permit, rule and/or regulation issued or promulgated by
the United States Government or State of Michigan, or agency thereof,
or any court order, to improve, repair, or construct additional drain or
sewer facilities within the Premises; or conduct any other activities
related to its operations and maintenance of the drain, sewer or
pollution control facilities, and where such action results in the
removal of all or a portion of the "waterpark facilities", the LESSOR
and LESSEE agree to share equally in the replacement or restoration
costs necessary to restore the PREMISES and "waterpark facilities."
Upon at least ninety (90) days written notice by LESSOR to LESSEE,
LESSEE shall remove any necessary "waterpark facilities." If
LESSEE fails to remove facilities within ninety (90) days, LESSOR
may remove them. The costs for removal of all or a portion of the
"waterpark facilities," shall be the responsibility of the LESSEE.
Under no circumstances shall LESSOR be liable to LESSEE for loss
revenue or other damages resulting from future improvements to the
drain, sewer or pollution control facilities.
5. ENVIRONMENTAL NOTICE AND DUE CARE RESPONSIBILITIES.
LESSEE acknowledges that LESSOR has informed LESSEE that the property
may be a "facility," as that term is defined in M.C.L. 324.20101 et seq., and has
provided LESSEE with information that LESSOR has concerning existing
contamination on the property. Nothing herein shall be construed as to require
LESSEE to undertake any such response action at the Premises. LESSEE shall
comply with the applicable due care provisions of MCL 324.20107a(1).
6. LESSEE'S DEFAULT. LESSEE shall be deemed to be in default, if it fails to
fulfill any provision of this lease.
7. SUBLEASE OR ASSIGNEMENT. This lease may not be assigned nor may
LESSEE sublease the Premises without prior written consent of the LESSOR,
which consent shall not be unreasonably withheld.
8. TAXES OR SPECIAL ASSESSEMENTS. Any real or personal taxes, or special
assessments, shall be the responsibility of the LESSEE.
4
9. GOVERNING LAW. This Lease is made and entered into in the State of
Michigan and shall in all respects be interpreted, enforced and governed under the
laws of the State of Michigan. The language of all parts of this Lease is intended
to and, in all cases, shall be construed as a whole according to its fair meaning,
and not construed strictly for or against any party.
10. CAPTIONS. The section headings or titles and/or all section numbers contained
in this Lease are intended for the convenience of the reader and not intended to
have any substantive meaning and are not to be interpreted as part of this Lease.
11. ENTIRE CONTRACT; SEVERABILITY.
(a) This Lease, consisting of a total of six (6) pages, sets forth the entire
agreement between the LESSOR and LESSEE and fully supersedes
any and all prior agreements or understandings between them in any
way related to the subject matter hereof
(b) It is further understood and agreed that the terms and conditions herein
are contractual and are not a mere recital and that there are no other
agreements, understandings, contracts, or representations between the
LESSOR and LESSEE in any way related to the subject matter hereof,
except as expressly stated herein.
(c) This Contract shall not be changed or supplemented orally and may be
amended only as otherwise provided herein. If any provision(s) of the
lease or application thereof to any extent found to be invalid or
unenforceable, the remainder of this lease shall not be affected
thereby, and each provision of this lease shall be valid and enforceable
to the fullest extent of the law. This lease may be modified or amended
only by written agreement of LESSOR and LESSEE.
(d) The terms and conditions of this lease shall be binding and inure to the
benefit of the parties and their respective heirs, representatives,
successors and assigns.
FOR AND IN CONSIDERATION of the mutual assurances, promises,
acknowledgments, warrants, representations, and agreements set forth in this lease, and
5
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 Parties, and by
doing so legally obligate and bind the Parties to the terms and conditions of this lease.
HENRY GRAHAM DRAINAGE DISTRICT
And GEORGE W. KUHN DRAINAGE DISTRICT ("LESSOR")
By:
John P. McCulloch,
Oakland County Drain Commissioner and Chairperson
Drainage Board for the George W. Kuhn Drainage District
COUNTY OF OAKLAND ("LESSEE")
By:
Thomas A. Law, Chairperson
Oakland County Board of Commissioners
I•1:\TEMPFILE\ lnumber\2001\2001-0900 thru 2001-0999\2001-0923 Henry Graham Drain Easement-LicenseUnd Draft Waterpark
Lease.doc
6
Resolution #01309 November 29, 2001
Moved by Patterson supported by Brian the Planning and Building
Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Patterson supported by Webster the Finance Committee Fiscal
Report be aacepted.
A sufficient majority having voted therefore, the fiscal report was
accepted.
Moved by Patterson supported by Brian the resolution be adopted.
AYES: Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson,
Moffitt, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Webster, Appel,
Brian, Buckley, Causey-Mitchell, Coleman, Crawford. (21)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was
adopted.
"'VALI
atterson. County Executive Date
...-:;1-114 *Cur _ E FOREGOING RESOLUTIO
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 November 29, 2001 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 291h dayOkf Novemblr, 2001.
G( William Caddell, County Clerk