HomeMy WebLinkAboutResolutions - 2007.07.19 - 28420REPORT (MISC. 107148) July 19, 2007
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE: PARKS AND RECREATION COMMISSION — AMENDMENT TO RED OAKS
GOLF COURSE LEASE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled
resolution on July 19, 2007, reports with a recommendation that the resolution be
adopted.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing report.
PLAN)NING AND BUILDING COMMITTEE
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PLANNING & BUILDING COMMITTEE VOTE:
Motion carried on a roll call vote with Woodward absent.
MISCELLANEOUS RESOLUTION 07148 June 14, 2007 S
BY: GENERAL GOVERNMENT COMMITTEE, Christine A. Long, Chairperson
IN RE: PARKS AND RECREATION COMMISSION — AMENDMENT TO RED OAKS GOLF COURSE
LEASE
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentleman:
WHEREAS, pursuant to Miscellaneous Resolution No. 04151, the County of Oakland approved
a 50-year lease ("lease") with the George W. Kuhn Drainage District for the property located in Madison
Heights for the purpose of the Red Oaks Golf Course; and
WHEREAS, the George W. Kuhn Drainage District acquired parcel number 25-12-203-007,
which is contiguous to the Red Oaks Golf Course and currently not included in the premises leased by
the County; and
WHEREAS, the Oakland County Parks and Recreation Commission, at its regular meeting of
May 2, 2007, authorized the department to approve an amendment to the lease to add parcel number
25-12-203-007 to the premises leased by the County; and
WHEREAS, the legal description of the property added is set forth in Exhibit A of the
Amendment to the Lease; and
WHEREAS, all terms and conditions set forth in the Lease remain in full force and effect.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the First Amendment to the Lease between the County of Oakland and the George W. Kuhn
Drainage District for the property at the Red Oaks Golf Course to include parcel number 25-12-203-007.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby
directs its Chairperson or his designee to execute the attached Amendment to the Red Oaks Golf Course
Lease and all other related documents between the County of Oakland and George W. Kuhn Drainage
District, which may be required to complete the transaction.
Chairperson, on behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
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GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried on a roll call vote with Hatchett, Kowall, Jacobsen and Greimel absent.
FIRST AMENDMENT TO
OAKLAND COUNTY RED OAKS GOLF COURSE
LEASE
This AGREEMENT is made on this day of
2007, by and between the DRAINAGE BOARD for the GEORGE W. KUHN
DRAINAGE DISTRICT, a Michigan statutory public corporation, established pursuant
to Chapter 20 of the Drain Code of 1956, 1956 P.A. 40, as amended, MCL 280.461 et
seq., by and through the Drainage Board for said district, whose address is 1 Public
Works Drive, Waterford Michigan (hereinafter "LESSOR"), and the COUNTY OF
OAKLAND, a Michigan Constitutional Corporation, whose address is 1200 N. Telegraph
Road, Pontiac, Michigan (hereinafter "LESSEE").
WHEREAS, the LESSOR and LESSEE entered into a Lease (lease") dated
August 24, 2004 to lease certain premises set forth in that agreement; and,
WHEREAS, the LESSOR acquired additional property contiguous to the Red
Oaks Golf Course and is desirous to add this property to the LEASED PREMISES set
forth in the Lease; and
NOW, THEREFORE, in consideration of these premises and the mutual
promises, representations, and agreements set forth in this agreement, and for other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged,
the PARTIES agree as follows:
1. LEASED PREMISES. The following parcel described as follows, is added
and is part of the Leased Premises set forth Lease dated August 24, 2004:
T1N, R1 1E, Sec 12 Ambassador Sub No 2 Outlot A
Commonly referred to as 30715 Winthrop, Madison Heights,
Michigan
Parcel No. 44-25-203-007
Subject to any easements and building restrictions of record.
2. TERMS. This Agreement will commence upon approval of the County
Board of Commissioners and Drainage Board and extend for the same
period set forth in the Lease dated August 24, 2004 and may be renewed
or extended by written agreement between the parties.
3. The PARTIES agree that this Agreement is an amendment to the Lease
dated August 24, 2004. All terms and conditions set for in the Lease
remain in full force an effect.
FOR AND IN CONSIDERATION of the mutual assurances, promises,
acknowledgments, warrants, representations, and agreements set forth in this Agreement,
and for other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the undersigned hereby execute this Agreement on behalf of the
Parties, and by doing so legally obligate and bind the Parties to the terms and conditions
of this lease.
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:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
Prepared by:
Joseph W. Colaianne
Attorney & Ins. Administrator
For the Drainage District
2
2512203015
GRIFFIN, JOSEPH G & CHRISTIN
2512203011
COUNTY OF OAKLAND
2512128034
GEORGE W KUHN DRAIN DRAINAGE 2512203020
BURGER, PAMELA M
City of
Madison
Heights
2512254043
HOLT, STEVEN T & CATHERINE S
2512254041
MCINTOSH, RICK
2512254001
HARM, EDWN L & DELORES
2512254035
CITY OF MADISON HEIGHTS
2512254002
MINISH VINCENT P
-2512254003
()LULA, JOHN
Resolution #07148 June 14, 2007
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC #07148) July 19, 2007
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: PARKS AND RECREATION COMMISSION- AMENDMENT TO RED OAKS GOLF COURSE
LEASE
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 Miscellaneous Resolution and finds:
1. MR 04151 established a 50 year lease between the County of Oakland
and the George W. Kuhn Drainage District for property located in
Madison Heights for the purpose of Red Oaks Golf Course.
2. The George W. Kuhn Drainage District added parcel # 25-12-203-007
that is contiguous with Red Oaks Golf Course.
3. The Parks and Recreation Commission desires to incorporate this
additional parcel of land into the existing agreement.
4. All terms of the agreement remain the same with the annual lease
payment of $1 per year. No budget amendment is required.
FINANCE COMMI TEE
, c
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Potter and Coulter absent.
Rutii7erflItTn , County Clerk
Resolution #07148 July 19, 2007
Moved by Long supported by Douglas the resolution (with fiscal note attached) be adopted.
Moved by Long supported by Douglas the Planning and Building Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Vote on resolution:
AYES: Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, KowaII, Long,
Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Suarez, Zack, Bullard, Burns, Crawford,
Douglas. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached) was adopted.
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 19, 2007, 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 19th day of July, 2007.