HomeMy WebLinkAboutResolutions - 2020.12.07 - 33983MISCELLANEOUS RESOLUTION #20656 December 7, 2020
BY: Commissioner Penny Luebs, Chairperson, Health, Safety and Human Services Committee
IN RE: PARKS AND RECREATION COMMISSION — RESIDENTIAL LEASE — HATT
— GROVELAND OAKS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Groveland Oaks County Park; and
WHEREAS a 1,100-square foot residential house, identified as 6000 Grange Hall Road, Holly, MI 48442,
is located on the grounds of Groveland Oaks County Park; and
WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said house
located at 6000 Grange Hall Road, Holly, MI 48442 to Robert Hatt for a period commencing January 1,
2021, through December 31, 2025; and
WHEREAS under the terms and conditions of the attached Lease Agreement, Robert Hatt will pay rent as
follows:
January 1, 2021 — December 31, 2021 $852.00
January 1, 2022 — December 31, 2022 $869.00
January 1, 2023— December 31, 2023 $886.00
January 1, 2024 — December 31, 2024 $904.00
January 1, 2025 — December 31, 2025 $922.00
each month and pay all utility costs; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement; and
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners accept and
approve the terms and conditions of the attached Lease Agreement,
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 Robert Hatt.
BE IT FURTHER RESOLVED that the rent amount received will be deposited in the Oakland County Parks
and Recreation Rental House Revenue fund line item.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or
designee to execute the attached Lease Agreement and all other related documents between the County
of Oakland and Robert Hatt, which may be required.
BE IT FURTHER RESOLVED that a budget amendment is not required as this is a lease renewal and the
revenue is budgeted in the FY 2021 — FY 2023 Adopted budgets.
Chairperson, on behalf of the Health, Safety and Human Services Committee, I move the adoption of the
foregoing resolution.
Commissioner nny Luebs, District #16
Chairperson,` alth, Safety and Human
Services Committee
HEALTH, SAFETY AND HUMAN SERVICES COMMITTEE VOTE:
Motion carried on a roll call vote with Kochenderfer absent.
MISCELLANEOUS RESOLUTION #20-XXX
IN RE: PARKS AND RECREATION COMMISSION — RESIDENTIAL LEASE — HATT
GROVELAND OAKS
To the Oakland County Parks and Recreation Commission
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of Groveland Oaks County Park; and
WHEREAS a 1,100-square foot house, identified as 6000 Grange Hall Road, Holly, MI 48442, is located
on the grounds of Groveland Oaks County Park; and
WHEREAS it is the desire of the Oakland County Parks and Recreation Commission to lease said
house located at 6000 Grange Hall Road, Holly, MI 48442 to Robert Hatt for a period commencing
January 1, 2021 through December 31, 2025; and
WHEREAS under the terms and conditions of the attached Lease Agreement Robert Hatt will pay rent as
follows:
January 1, 2021 — December 31, 2021 $852.00
January 1, 2022 — December 31, 2022 $869.00
January 1, 2023 — December 31, 2023 $886.00
January 1, 2024 — December 31, 2024 $904.00
January 1, 2025 — December 31, 2025 $922.00
each month and pay all utility costs; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement; and
WHEREAS it is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners accept and
approve the terms and conditions of the attached Lease Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission hereby
recommends the Oakland County Board of Commissioners approve and authorize the attached Lease
Agreement between the County of Oakland and Robert Hatt.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks
and Recreation Rental House Revenue fund line item.
Date:
November 4, 2020
Moved by:
Mr Vanderveen
Supported by:
Mr Kostin
AYES:
Bagley, Herzog, Jamian, Kostin,
LaFontaine, Long, McGillivray,
Nash, VanderVeen (9)
NAYS:
(0)
Motion passed
on a unanimous voice vote.
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OAICLAND COUNTY PARKS & RECREATION
COMMISSION AGENDA
NOVEMBER 49 2020 AGENDA ITEM NO. 9 C
ADMINISTRATION - BUSINESS OPERATIONS
To: Chairman McGillivray and Commission Members
From: Daniel J. Stencil, Executive Officer
Phil Gastonia, Chief of Business Operations
Submitted: November 5, 2020
Subject: Approval of Groveland Oaks Residential Lease Agreement - Renewal
INTRODUCTION AND HISTORY
In April 2009, the Oakland County Parks and Recreation Commission approved the Residential Property Lease
Policy and revised it in 2017. The purpose of the policy was to set forth procedures and guidelines to manage
residential properties located on Oakland County Parks property. The Oakland County Parks and Recreation
Executive Officer shall oversee the implementation and interpretation of this policy.
The property at Groveland Oaks located at 6000 Grange Hall Road, is 1,100 square feet, and has 3 bedrooms,
1.5 baths with a basement and was built in 1974.
The house has been occupied by Robert and Cattie Hatt for a number of years. Robert is currently a part time
employee from Oakland County Parks. We are requesting to move forward with a 5-year lease as standard
practice for all residential property leases, with the standard terms for terminating the lease early. The
attached lease agreement has been prepared and reviewed by Oakland County Corporation Counsel.
This effort ties into the Oakland County Parks and Recreation Commission's strategic plan to standardize its
business practices and enable staff to operate more efficiently.
- Residential Lease — Hatt — Groveland Oaks
- OCPRC Resolution for Residential Lease — Hatt — Groveland Oaks
- BOG Resolution for Residential Lease — Hatt - Groveland Oaks
STAFF RECOMMENDATION
Staff recommends the Commission adopt the attached resolution in support of the lease agreement, which will
be forwarded to the Oakland County Board of Commissioners for approval.
MOTION
Move to adopt the proposed resolution approving the Residential Lease with Robert Hatt for the
Groveland Oaks Residential Property located at 6000 Grange Hall Road, Holly, MI 48442 for a 5-year term
effective January 1, 2021, and forward it to the Oakland County Board of Commissioners for final
approval.
RESIDENTIAL LEASE AGREEMENT
NOTICE: MICHIGAN LAW ESTABLISHES RIGHTS AND OBLIGATIONS FOR PARTIES
TO RENTAL AGREEMENTS. THIS AGREEMENT IS REQUIRED TO COMPLY WITH
THE TRUTH IN RENTING ACT. IF YOU HAVE A QUESTION ABOUT THE
INTERPRETATION OR LEGALITY OF A PROVISION OF THIS AGREEMENT, YOU
MAY WANT TO SEEK ASSISTANCE FROM A LAWYER OR OTHER QUALIFIED
PERSON.
This Lease Agreement ("Lease") is entered into between the County of Oakland, 1200 North
Telegraph, Pontiac, MI 48341 ("Landlord"), by the through its statutory agent the Oakland
County Parks and Recreation Commission ("OCPRC") and Robert Hatt ("Tenant') according to
the terms and conditions set forth below.
Premises. Tenant leases from landlord the real property located at 6000 Grange Hall
Road, Holly, MI ("Premises"). together with any furnishings, fixtures, personal property,
and appurtenances provided by Landlord for Tenant's use.
2. Term. The term of this Lease shall be for five (5) years, beginning on January 1, 2021
and ending on December 31, 2025. References in this Lease to the term of the Lease
shall include any renewal term(s). Tenant shall receive possession of the Premises upon
execution of the Lease.
3. Tenant Monetary Oblieations.
3.1. The rental rate for the first year is set by taking the market rate and applying the
discount for performing residential duties. The rent is then increased 2% each
year. Tenant shall pay Landlord the following rent on or before the first day of
each month during the term of this Lease:
January 1, 2021 — December 31, 2021
January 1, 2022 —December 31, 2022
January 1, 2023 —December 31, 2023
January 1, 2024 — December 31, 2024
January 1, 2025 — December 31, 2025
$852.00 per month
$869.00 per month
$886.00 per month
$904.00 per month
$922.00 per month
3.2. The rent shall be paid by check or money order made payable to the "County of
Oakland" and sent to the following address: Oakland County Parks and
Recreation, 2800 Watkins Lake Road, Waterford, Michigan 48328 or another
address designated by Landlord in writing.
3.3. Tenant shall pay the first monthly installment when Tenant executes this Lease.
The first monthly installment shall be pro -rated for such month, if the Lease is
executed on another day than the first day of the month.
3.4. Tenant shall pay Landlord a late fee of $25 for each monthly installment not
received by Landlord within five days of its due dale. This increase shall be
considered additional rent and shall compensate Landlord for costs incurred
9C3 GRV Hatt Residential LEASE 2021 2025.docHatt (2021-2025)— Groveland Oaks
because of late payments. Landlord's right to collect this additional rent shall be
in addition to Landlord's right to take action under other provisions of this Lease
for Tenant's default in paying rent. Tenant shall pay all additional rent to
Landlord promptly after the due date of the delinquent installment. All rent paid
after the due date and payments to cover checks that have been returned for
insufficient funds must be paid at the place designated for payment, by cashier's
check, certified check, or money order.
3.5. During the term of this Lease, Tenant shall obtain and maintain comprehensive
personal liability or tenant's form insurance coverage in the minimum amount of
One Hundred Thousand Dollars ($100,000.00). Tenant shall also provide the
Landlord with a certificate of insurance coverage listing the County of Oakland
and its employees, officers, and elected and appointed officials as additional
insureds.
4. Use of Premises.
4.1. Tenant shall use the Premises for private residential purposes only. No persons
other than the following listed person(s) shall occupy the Premises for more than
fourteen (14) days during the term of this Lease without the prior written approval
of Landlord: Cattie Hatt
Landlord's approval shall be given by the OCPRC Executive Officer or his or her
designee.
4.2. Tenant shall not do any of the following or allow another person to do any of the
following:
4.2.1. Create any excessive noise or public nuisance;
4.2.2. Do anything to the Premises or its surroundings that may be hazardous or
that will cause Landlord's insurance to be cancelled or premiums to
increase;
4.2.3. Deface or damage any part of the Premises;
4.2.4. Change the locks or install any additional locks or bolts without
Landlord's prior written approval. Landlord's approval shall be given by
the OCPRC Executive Officer or his or her designee;
4.2.5. Place a waterbed or other heavy article on the Premises without
Landlord's prior written approval. Landlord's approval shall be given by
the OCPRC Executive Officer or his or her designee;
4.2.6. Install any equipment or appliances that, in Landlord's opinion, would
cause an unsafe conditions on or around the Premises;
4.2.7. Accumulate refuse on or around the Premises that might pose a health
hazard to Tenant or to the surrounding properties;
4.2.8. Permit any flammable liquids or explosives to be kept on or around the
Premises; and
2
9C3 GRV Hatt Residential LEASE 2021 2025.docHatt (2021-2025)— Groveland Oaks
4.2.9. Bring any animals on the Premises without Landlord's prior written
approval. Landlord's approval shall be given by the OCPRC Executive
Officer or his or her designee.
4.3. Tenant Duties.
4.3.1. To the extent permitted by law, Tenant shall secure and protect the Park
Property and facilities therein, especially during "Park Closed" hours.
This shall include contacting and coordinating with police, fire or other
agencies as may be required and the preparation of an Unusual Incident
Report as required by Landlord.
4.3.2. Tenant shall arrange for emergency repair and maintenance services for
Park Property and facilities, as needed.
4.3.3. Tenant shall make reports to the Park Supervisor or other entity as may
be required by Landlord.
4.3.4. Landlord shall install smoke -detection devices for the Premises along
with batteries to operate the devices. Tenant must regularly test the
devices to ensure that they are operational and if not notify Landlord
immediately. Tenant must never remove batteries from smoke -
detection device, except when necessary to replace the batteries.
4.3.5. The performance of "tenant duties," set forth in the Lease does not and
is not intended to create an employee/employer relationship between
Landlord and Tenant.
Use of Illegal Substances. Tenant shall not violate or knowingly allow another person to
violate federal, state, or local laws regarding the use of controlled substances or the use
of alcohol by minors in or around the Premises. When aware of a violation of this
section, Landlord will file a formal police report.
6. Condition of Premises.
6.1. Except as otherwise expressly stated herein or in an Amendment to this Lease,
Tenant acknowledges that no representations were made by Landlord about the
condition of the Premises or promises to alter or to improve the Premises before
or during the term of the Lease.
6.2. Throughout the term of the Lease, Tenant shall keep the Premises in a good and
clean condition and shall allow no waste of the Premises or any utilities.
6.3. Except for normal wear and tear, Tenants shall return the Premises to Landlord in
the same condition as they were upon commencement of this Lease, including
cleanliness.
Utilities and Services for Premises. Tenant is responsible for the costs of utilities and
services for the Premises and for establishing accounts, if they are not already
established for the term of this Lease including but not limited to the following:
(a) garbage removal; (b) water and sewer; (c) gas/propane; (d) electricity; (e) ice
removal, including salting the driveway and any walks surrounding the Premises or on
the Premises; (f) telephones; (g) cable television; (h) Tnternet; and (i) cleaning for the
9C3 GRV Hatt Residential LEASE 2021 2025.docHatt (2021-2025)— Groveland Oaks
interior of the building located on the Premises. All accounts for utilities and services
shall be in the name of Tenant.
Maintenance. Repairs, and DamaEe to Premises.
8.1. Landlord shall be responsible for snow removal and lawn/grounds services for the
Premises.
8.2. Landlord shall provide repair and maintenance for the Premises and its parking lot
or parking area, including but not limited to, building infrastructure, HVAC
system, utility infrastructure, plumbing and electrical system. Tenant shall notify
Landlord, in a timely manner and without delay, when there is a need for repairs
to the Premises.
8.3. Except for normal wear and tear to the Premises, Tenant shall be liable for any
damage to the Premises or other property of Landlord that is caused by the acts or
omissions of Tenant or Tenant's guests, including but not limited to broken glass
and lost or broken keys. If damage occurs, Landlord or its agents shall make the
necessary repairs and Tenant shall reimburse Landlord for all costs associated
with the repairs. Such reimbursement shall be paid by Tenant within thirty (30)
days of receiving an invoice from Landlord. If Landlord makes a claim and
receives payment under its property insurance for damage to the Premises, then
Tenant shall only be liable to Landlord for the amount of the deductible for the
property insurance for the Premises. Landlord shall send an invoice to Tenant for
the amount of the deductible and Tenant shall pay this amount within thirty (30)
days of receiving the invoice.
8.4. To the extent permitted by law, Landlord and Landlord's agents shall not be liable
for any damage to property or loss of property that is caused by theft or casualty
on the Premises. Landlord recommends that Tenant obtain insurance to protect
Tenant's personal property against such loss or damage.
Decorations and Alterations to Premises. Tenant shall not alter or decorate the Premises,
including but not limited to, removing any furnishings Landlord provides to Tenant,
driving nails into the woodwork, painting or using any adhesive material on the walls
without prior written approval from Landlord. Landlord's approval shall be given by the
OCPRC Executive Officer or his or her designee. Landlord's approval of a particular
decoration or alteration shall not be deemed consent to future decorations or alterations.
10. Assienment and Sublease of Premises. Tenant shall not assign or sublease the Premises
or any portion thereof.
11. Access to the Premises. Tenant shall allow Landlord and Landlord's agents reasonable
access to the Premises to inspect, repair, alter, or improve the Premises. Landlord and
Landlord"s agents shall have immediate access to the Premises in case of an emergency
or if an emergency repair to the Premises is required. Tenant shall also allow insurance
carriers and representatives, fire department inspectors, police, or local health authorities
to inspect the Premises. Tenant shall allow Landlord or Landlord's agents to show the
Premises to prospective tenants or purchasers at reasonable times during the sixty (60)
days prior to the expiration of this Lease.
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9C3 GRV Halt Residential LEASE 2021 2025.docHatt (2021-2025)— Groveland Oaks
12. Vacation or Abandonment of the Premises. If Tenant removes substantially all Tenant's
property from the Premises for a period of thirty (30) days, Landlord may immediately
enter and redecorate the Premises without abatement of rent and proceed as if Tenant
terminated this Lease. These acts by Landlord shall not affect Tenant's obligations
under this Lease. If Tenant abandons the Premises before the Lease expires, all rent for
the remainder of the term of the Lease shall immediately become due.
13. Damaee or Destruction of the Premises. If a casualty partially destroys the Premises but
they can be restored to a tenantable condition within thirty (30) days, Landlord shall
repair the Premises with reasonable dispatch; however, Landlord's obligation to repair
the Premises shall be limited to the amount of insurance proceeds actually received by
Landlord. Tenant's obligation to pay rent shall be suspended while the Premises are
untenantable. If a casualty damages the Premises to the extent that they cannot be
restored to a habitable condition within thirty (30) days, either Party may terminate this
Lease by giving the other party written notice within fifteen (15) days after the casualty.
Landlord shall not be liable for any reasonable delay or for providing housing for Tenant
during repairs.
14. Termination of Lease.
14.1. Tenant may terminate this Lease for any reason upon thirty (30) days written
notice to Landlord.
14.2. Landlord may terminate this Lease for any reason upon ninety (90) days written
notice to Tenant.
14.3. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord
in the same condition they were upon commencement of Lease, normal wear and
tear excepted. Upon termination of this Lease, Tenant shall also notify Landlord
of the move -out date, return all keys to the Premises to Landlord, and transfer all
utility and service accounts into the name of the "County of Oakland."
15. Default of Lease and Landlord's Remedies.
15.1. If Tenant defaults on any obligations under this Lease or misrepresents any
information in the application for this lease, Landlord may, on written notice to
Tenant, terminate the Lease and enter the Premises as permitted by law; Tenant
and any other occupants shall surrender the Premises to Landlord by the date
stated in the notice. If Landlord terminates the Lease, Landlord may recover
Landlord's expenses for enforcing Landlord's rights under the Lease and
applicable law, including court costs and attorney fees, from Tenant, as permitted
by statute; and rent for the rest of the term of the Lease shall immediately become
due. Tenant may not be liable for the total accelerated amount because of
Landlord's obligation to minimize damages, and either party may ask a court to
determine the actual amount owed, if any. If Tenant fails to pay rent or any other
sums when due to Landlord, Landlord serves a notice of default on Tenant as
required by law, and Tenant fails to remit the amounts due before the notice
period expires, the amount of court costs and attorney fees incurred by Landlord
in enforcing Landlord's remedies and allowed by statute shall be added to the
amount of the arrearage.
9C3 GRV Hatt Residential LEASE 2021 2025.docl latt (2021-2025)— Groveland Oaks
15.2. It is a violation of this Lease if Tenant, a member of Tenant's household, or any
other person under Tenant's control unlawfully manufactures, delivers, possesses
with intent to deliver, or possesses a controlled substance as defined by Michigan
law anywhere on the Premises or surrounding the Premises. Pursuant to
Michigan law, if Tenant violates this provision Landlord may serve a written
demand for possession for termination of this Lease giving Tenant 24 hours'
notice of the Lease termination and demand for possession. Tenant acknowledges
that an order of eviction/writ of restitution may be issued by the court
immediately after the entry of a judgment for possession. Tenant's
initials:
15.3. Hold Over. Tenant may, with Landlord's permission, continue to occupy the
Premises after the term of this Lease expires without renewing this Lease or
signing another Lease for the Premises. Such tenancy shall be on a month -to -
month basis and subject to the provisions of this Lease except that the monthly
rent shall increase by ten (10) percent from the rent for the last month of the terns
of the Lease, and Landlord may increase rent on thirty (30) days' notice to
Tenant.
16. Notices. Any notices under this Lease shall be in writing and delivered to the recipient
personally or by first class mail fully prepaid at the following locations:
Tenant: Robert Hatt
6000 Grange Hall Road
Holly, MI
Landlord: Oakland County Department of
Facilities Management Property Management
One Public Works Drive, Bldg. 95 W
Waterford, MI 48328
and
Oakland County Parks and Recreation
Executive Officer
2800 Watkins Lake Road, Bldg. 97W
Waterford, MI 48328
Unless otherwise required by law, the date of service shall be the date of hand delivery or
the mailing date.
17. Modifications. No modifications of this Lease shall be binding unless they are in writing
and signed by Landlord and Tenant.
18. Whole Aereemenl. This Lease sets forth the entire agreement between Landlord and
Tenant. There are no verbal or written agreements that are not contained in this Lease
between the parties.
19. Bindine Effect. This Lease shall bind and benefit the parties to the Lease and their heirs,
personal representatives, successors, and permitted assigns.
9C3 GRV Hatt Residential LEASE 2021 2025.docHatt (2021-2025)— Groveland Oaks
20. Severability. If any provision of this Lease is invalid, unlawful, or unenforceable to any
extent, the rest of the Lease and the application of the provision to the persons or
circumstances other than those for which it is invalid, unlawful, or unenforceable are not
affected.
21. Time of the Essence. Time shall be deemed to be of the essence in the performance of
this Lease.
22. Effective Date. This Lease is effective on the date stated in Section 2.
TENANT LANDLORD
Date Date
9C3 GRV Hatt Residential LEASE 2021 2025.docHatt (2021-2025)— Groveland Oaks
Resolution #20656
December 7, 2020
Moved by Gingell seconded by Luebs the resolutions on the amended Consent Agenda be adopted.
AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack,
Gershenson.(21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted.
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IHEREBYAFPROVETHISR S()Lt)TION
CHIEF DEFU T Y COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45 550A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Lisa Brown, 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 December 7,
2020, 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 Circuit Court at Pontiac,
Michigan this 71^ day of December, 2020.
Lisa Brown, Oakland County