HomeMy WebLinkAboutResolutions - 2006.07.20 - 28151June 15, 2006
MISCELLANEOUS RESOLUTION # 06127
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF
LEASE WITH AGREEMENT WITH THE CITY OF SOUTHFIELD, PART OF THE SOUTHFIELD
HEALTH CENTER PROPERTY, PART OF PARCEL NOS. 24-13-426-001 and 24-13-404-013.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of the Southfield Health Center property located
at 27725 Greenfield Road in the City of Southfield consisting of 28.43-acres; and
WHEREAS, the County has leased approximately 25-acres of the Southfield Health Center
property to the City of Southfield for recreational purposes (Catalpa Park) since 1978; and
WHEREAS, the City of Southfield has requested that the lease of 25-acres of the Health Center
property be extended; and
WHEREAS, pursuant to the authorization of the Oakland County Board of Commissioners
Planning and Building Committee the Departments of Facilities Management and Corporation Counsel
have negotiated the terms of the attached Lease agreement with the City of Southfield; and
WHEREAS, pursuant to the terms and conditions of said Lease agreement the County will
continue to lease approximately 25-acres of land to the City for recreational purposes from May 5, 2005
until November 30, 2006 for the sum of one dollar per year.
WHEREAS, the Departments of Facilities and Corporation Counsel have reviewed and/or prepared
all necessary documents related to the attached Lease agreement and recommend its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Lease agreement between the County of Oakland and the City of
Southfield.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs
it's Chairperson or his designee to execute the attached Lease agreement and all other related documents
which may be required between the County of Oakland and the City of Southfield.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on a unanimous roll call vote
, 2006 between the
LEASE
Catalpa Park, City of Southfield
THIS LEASE, made and entered into this 9-4h day of
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." In this
Lease, either the Lessor or the Lessee may also be referred to individually as a "Party" or jointly
as the "Parties";
WHEREAS, the County of Oakland and the City of Southfield entered into a lease of
approximately 25 acres of real property located at the intersection of Catalpa Drive and
Greenfield Road in the City of Southfield (Premises) on May 4, 1983 for an initial term of five
(5) years which was subsequently renewed and extended until May 5, 2005; and
WHEREAS, the County of Oakland and the City of Southfield desire to extend the lease
of the Premises the following described for an additional eighteen month term commencing at
12:00 A.M. on May 6, 2005 and terminating on November 30, 2006.
Legal Description of Premises Approximately 25-Acres
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, Oalcland County Records, and also Part of "Woodlands Park Sub.", a subdivision
of the W1/2 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 comer 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 125634
RECEIVED
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MAY 2 2 2006
OAKLAND COUNTY
FACILITIES MANAGEMENT
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 comer 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°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 more or less and otherwise known as Tax Parcels 24-13-404-013 and
24-13-426-001 City of Southfield Tax Rolls.
Subject to the following terms and conditions;
1. During the term of this lease the Premises and any and all improvements thereon
shall only be used by the LESSEE for recreational activities.
2. During the term of this lease, LESSEE shall have the right to prepare the Premises
and facilities for such recreational purposes as are appropriate for the location, given the size of
the land, the surrounding neighborhood, and the close proximity of the Premises to the south
office of the Oakland County Health Department. To this end, the Lessee will be allowed to
construct on the Premises bleachers, stands for refreshments, sanitary facilities and any other
facilities necessary to make the Premises useable for recreational purposes. Any such
improvements shall be constructed in accordance with the City of Southfield zoning ordinance
and building code. No permanent structures shall be erected on the Premises without the prior
written consent of the LESSOR.
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
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buildings or recreational structures on the Premises herein described shall be at the sole expense
and responsibility of the LESSEE, and that said buildings and structures shall all be removed by
the LESSEE upon the termination of this Lease. In the event that LESSEE fails to remove the
structures it erected on the property prior to the termination of this Lease, then LESSOR has the
option of removing any remaining structure at the sole expense of LESSEE. If LESSOR
determines that it wants any structures to remain on the property after termination of this lease,
then LESSOR shall notify LESSEE sixty (60) days prior to the termination of this Lease. Any
structure that LESSOR determines it wants to remain on the property shall become the sole
property of LESSOR.
5. LESSEE shall not damage or deface the Premises and shall not cause anything to
be done whereby said Premises shall in any matmer be marred or defaced, and at the expiration
or cancellation of the Lease, LESSEE shall surrender the premises 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. LESSEE will acquire no rights to the use of
LESSOR'S parking lot at the Health Department's south office in conjunction with the granting
of this Lease.
7. LESSEE agrees to comply with all applicable state, city or county ordinances
covering the described premises.
8. Lessee shall be solely responsible for the upkeep and maintenance of the leased
premises.
9. LESSEE agrees to indemnify, hold harmless, defend and pay all expenses
including attorney fees and judgements against the LESSOR, its elected officials, officers,
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employees and/or agents, from and against any and all claims which are imposed upon, incurred
by, or asserted against LESSOR and/or any of LESSOR'S elected officials, officers, employees
and/or agents, which are based upon, result from, arise from, or are in any way related to an
alleged or proven error, mistake, negligence, nuisance, injury, omissions, or intentional actions
on the part of LESSEE or any of LESSEE'S elected officials, officers, employees or agents,
relating to the operation, maintenance, or any use of the above described property by LESSEE, or
any of LESSEE'S elected officials, officers, employees, agents, guests, invitees, trespassers, or
the public at large.
10. LESSEE will procure and provide the following insurance or Certificate of S elf-
Insurance as satisfies the requirements of LESSOR'S Risk Manager:
$3,000,000 Combined Single Limit Commercial General Liability Broad Form
Endorsement/or the following as minimum requirements:
Broad form property damage
Premises/Operations
Independent Contractors
(Blanket) Broad form Contractual
Personal Injury - delete contractual exclusion "A"
Additional Insureds - the County of Oakland, County Agents and
employees and elected and appointed officials of Oakland County;
Workers' Compensation as required by law $500,000 Employer's Liability;
$1,000,000 Combined Single Limit Automobile Liability, including hired and leased
vehicles, and owned and non-owned autos No Fault coverage as required by law; and
General Certificates of Insurance
a. All Certificates of Insurance and duplicate policies of any outside vendor or contractor shall
contain the following clauses:
1) "The insurance company(s) issuing the policy or policies shall have no recourse
against the LESSOR for payment of any premiums or for assessments under any form
of policy."
2) "Any and all deductibles in the above-described insurance policies shall be assumed
by and be for the account of, and at sole risk of, the contractor."
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All Certificates are to provide thirty (30) days notice of material change or cancellation.
Certificates of Insurance or Self-Insurance and insurance binders must be provided within
ten (10) working days after execution of this lease to the LESSOR'S Risk Management
Office. Insurance carriers and Certificates of Self-Insurance are subject to the approval of
LESSOR'S Risk Manager.
11. This Lease may be canceled or terminated by either party for any reason or no
reason, by giving a three (3) month written notice to the other party.
IN WITNESS WHEREOF, Bill Bullard, Jr., the Chairman of the Board of
Commissioners of Oakland County, Brenda L. Lawrence, Mayor of the City of Southfield, and
Nancy L.M. Banks, Clerk 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:
Bill Bullard, Jr., Chairman
Oakland County Board of Commissioners
Brenda L. Lawrence, Mayor
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
On this day of . 2006, personally appeared Bill
Bullard, Jr., Chairman of the Oakland County Board of Commissioners and as such he affixed
his signature to the foregoing Lease in Oakland County, and that said instrument was signed and
sealed on behalf of said County of Oakland, by authority of its Miscellaneous Resolution No.
, dated . 2006 and acknowledged said instrument to be the free act and deed
of the County of Oakland.
Michael D. Hughson
Notary Public, Oakland County
Michigan. Acting in Oakland County
My Commission expires: 5/5/2008.
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Notary Public,
Oakland County, Michigan
My Commission expires:
Acting in Oaldand County di- 0
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
On this ____"n 0y of . 2006, personally appeared Brenda L.
Lawrence, Mayor of the City of Sout ield .11, as such she affixed her signature to the foregoing
Lease in Oakland County, and that said instrument was signed and sealed on behalf of said City
of Southfield, by authority of its City Council Resolution No. e -)c-J-c6, dated MtO 2006
and acknowledged said instrument to be the free act and deed of the City of Southfield.
BONNIE A. RUFFINS
Notary Public, Wayne County, MI
Acting in Oaklano County
Commission Expires 09/21/2
On this day of pi tA, . 2006, personally appeared Nancy L.M. Banks,
Clerk of the City of Southfield and as such she affixed her signature to the foregoing Lease in
Oakland County, and that said instrument was signed and sealed on behalf of said City of
Southfield, by authority of its City Council Resolution No. e, -qq-0(9, dated na_AA. 2006
and acknowledged said instrument to be the free act and deed of the City of Southfield.
ZazA
RAI, OLEG
Notary Public, NOTARY PUBLIC OMLANO CA, Mt
illy =MESON EXPIRES Mr 31, MS Oakland County, Michigan
My Commission expires: I, 0700?
/
Acting in Oakland County
MH4/24/06.
\ TEMPFILE\ lnumber \ 2003 \ 2003-04.00 dim 2003-0499 \ 2003-0407 South Oakland Health Certer - Catalpa Park
Purchase or Lease - City of Southfield \ Final Catalpa L-P.doe
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Resolution #06127 June 15, 2006
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (M.R. #06127) July 20, 2006
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF
LEASE WITH AGREEMENT WITH THE CITY OF SOUTHFIELD, PART OF THE
SOUTHFIELD HEALTH CENTER PROPERTY, PART OF PARCEL NOS, 24-13-426-001
AND 24 -13 -404 -013
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 resolution approves and authorizes a Lease agreement
between Oakland County and the City of Southfield for
approximately 25 acres of land of the Southfield Health
Center property located at 27725 Greenfield Road,
Southfield, Michigan.
2. Under terms of the agreement, the County will continue to
lease approximately 25 acres of land of the Southfield
Health Center property to the City of Southfield for
recreational purposes from May 5, 2005 until November 30,
2006 for the sum of $1 per year.
3. The City will continue to be responsible for the
maintenance and operation of its recreational facilities.
4. The lease may be terminated by either party with three
months notice.
5. No General Fund/General Purpose amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEECOMMITTEE
Motion carried unanimously on a roll call vote with Palmer absent.
7/7-y le,L
Resolution #06127 July 20, 2006
Moved by Moss supported by Jamian the resolutions (with fiscal notes attached) on the Consent Agenda,
be adopted (with accompanying reports being accepted).
AYES: Coleman, Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII,
Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson,
Woodward, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda, were adopted (with accompanying reports being accepted).
I MY APPROVE I FORMA RESOUITION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 July 20, 2006, 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 20th day of July, 2006.
RuttriajnytcV, CVO nty Clerk