HomeMy WebLinkAboutResolutions - 2021.02.18 - 34159MISCELLANEOUS RESOLUTION #21041 February 18, 2021
BY: Commissioner William Miller, Chairperson, Economic Development and Infrastructure Committee
IN RE: FACILITIES MANAGEMENT/HEALTH AND HUMAN SERVICES - APPROVAL AND
ACCEPTANCE OF AMENDMENT #1 TO SUBLEASE AGREEMENT WITH EASTER SEALS
MICHIGAN, INC AND OAKLAND COUNTY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Women. Infants and Children Supplemental Food Program (WIC) has been subleasing
space at 1010 E West Maple Road from Easter Seals Michigan (Miscellaneous Resolution #17240); and
WHEREAS due to a consistent average monthly caseload of 1,600 women and children, (Ages 0-5) there
is a need to continue the delivery of WIC services in the Walled Lake area; and
WHEREAS the Oakland County Health Department Administration has determined that the WIC program
should remain at the same location in Walled Lake; and
WHEREAS the County will continue subleasing 380 square feet of office space, with common area use of
the waiting room, copier room, kitchen and restrooms; and
WHEREAS the County shall pay rent of $1,099.89 per month or $13,198.68 per year for a gross
sublease, and it shall have no obligation for real estate taxes, common area expenses or utilities; and
WHEREAS under the sublease agreement the County will also continue to be provided the use of one (1)
multi -function printer/copier/scanner at a charge of $83.33 per month and two (2) tablets and three (3)
laptop computers at a charge of $390.87 per month; and
WHEREAS the term of the sublease shall commence on the date it is fully executed and terminate in one
year on July 15, 2021; and
WHEREAS the Departments of Health and Human Services, Facilities Management and Corporation
Counsel have reviewed and/or prepared all necessary documents related to the attached first amendment
to the sublease agreement and recommend its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached amendment #1 to the sublease agreement between the County of Oakland and
Easter Seals Michigan.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached sublease agreement and all other related documents,
which may be required between the County of Oakland and Easter Seals Michigan.
BE IT FURTHER RESOLVED a budget amendment is not required as the budget is included in the FY
2021 Local Health Department (Comprehensive) Agreement (M.R. #20459, Fund 28553-WIC, grant
project id GR0000000995).
Chairperson, on behalf of the Economic Development and Infrastructure Committee, I move the adoption of
the foregoing resolution.
Commissioner William Miller, District #14
Chairperson, Economic Development and
Infrastructure Committee
ECONOMIC DEVELOPMENT AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
FIRST AMENDMENT TO SUBLEASE AGREEMENT
THIS FIRST AMENDMENT TO SUBLEASE AGREEMENT ("First
Amendment to Sublease") is made by and between Easter Seals -Michigan, Inc. d/b/a
Easter Seals Michigan, a Michigan Non -Profit Corporation, 2399 E. Walton Blvd,
Auburn Hills, MI 48326 ("Sublessor" or "Tenant"), The County Of Oakland, a
Michigan Municipal Corporation, 1200 N. Telegraph Road, Waterford, MI 48341
("Sublessee") and Samara Property Management, L.L.C., a Michigan limited liability
company, 40700 Woodard Avenue, Suite 125, Bloomfield, Hills, MI 48034 ("Landlord").
WIT NESSETH
Sublessor and Landlord executed a Lease Agreement dated July 16, 2014
("7/16/14 Lease" — Exhibit A), a First Amendment to Lease Agreement dated May 31,
2017 (Exhibit B) and a Second Amendment to Lease dated July 2, 2020 (Exhibit C)
(collectively, Exhibits A-C are the "Lease") which are attached hereto and incorporated
herein by reference.
WHEREAS, Sublessor, Sublessee and Landlord knowingly and voluntarily desire
to enter into this First Amendment to Sublease.
Now therefore, in consideration of the mutual promises, covenants and
agreements hereinafter recited, it is mutually understood and agreed by and between the
parties hereto as follows:
1. Annroval/Incomoration/Subleased Premises/Commencement and Termination
Pate : As required in Section 8.01 of the 7/16/14 Lease, Landlord hereby formally
approves this First Amendment to Sublease allowing the Sublessor to sublease to
Sublessee all of its interest, rights, responsibilities, obligations and payment obligations
contained in the Lease to use and occupy the 380 square feet of the Leased Premises
depicted on the Floor Plan attached hereto as Exhibit D ("Subleased Premises") as
though each Provision of the Lease was fully restated herein. Sublessee knowingly,
voluntarily and unconditionally accepts and agrees to be bound by all of the same in
replacement of the Sublessor with respect to the Subleased Premises except as
specifically stated in the First Amendment to Sublease. The Commencement Date for
the First Amendment to Sublease shall be the date when the First Amendment to
Sublease is fully executed. The Termination Date for the First Amendment to Sublease
shall be July 15, 2021 (collectively "First Amendment to Sublease Term").
2. Rent/Tenm/Taxes/CAM/Utilities/Insurance: Sublessee shall pay Sublessor
$1099.89 per month (or $13,198.68 per year) in Rent at Sublessor's address above
(unless changed in writing by Sublessor to Sublessee) to sublease the Subleased Premises
from Sublessor during the First Amendment to Sublease Team. Rent shall be due and
payable on the first day of each calendar month during the First Amendment to Sublease
Term from Sublessee to Sublessor. However, if the First Amendment to Sublease shall
begin on a day other than the first day of the calendar month, or shall end on a day other
than the last day of a calendar month, Rent for such first or last fractional month shall be
adjusted to an amount equal to such proportion of the Rent as the number of lease days in
such fractional month bears to the total number of days in such month. Sublessee shall
have no obligation for the payment of Real Estate Taxes (Section 2.02 of the Lease),
Common Area Expenses (Section 5.02 of the 7/16/14 Lease) or Utilities (Section 7,01 of
the 7/16/14 Lease) to Sublessor or to Landlord. Sublessee's insurance requirements for
the Subleased Premises shall be the same as Sublessor's insurance requirements for the
Leased Premises (see Section 6.01 of the 7/16/14 Lease) except that the required
insurance may be provided via Sublessee's self-insurance.
3. Maintenance and Repair under Section 15.12 of 7/16/14 Lease: Sublessee shall
not be responsible to perform or pay for any maintenance and repair obligations for the
Subleased Premises contained in the 7/16/14 Lease. These costs are included in
Sublessee's Rent and shall be the responsibility of Sublessor. Sublessee shall have no
obligation to make or pay for any repairs, alterations, or modifications to the Subleased
Premises as required in Section 15.12 of the 7/16/14 Lease; these are the obligations of
Sublessor.
4. Painting. Flooring, and Carnetina: Sublessee shall not be responsible to perform
or pay for painting, carpeting, or flooring for the Subleased Premises. These costs are
included in Sublessee's Rent and shall be the responsibility of Sublessor.
5. Garbage and Trash: Sublessor shall provide for garbage and trash services and
receptacles for such at the Subleased Premises at no cost to Sublessee. Sublessor shall
provide for custodial services for the Subleased Premises at no cost to Sublessee
6. Indemnification: Because Sublessee is a governmental entity, it cannot indemnify
third parties. Thus, Sublessee cannot indemnify and hold harmless Landlord and
Sublessor and the first sentence of Section 6.03 of the 7/16/14 Lease does not apply to
Sublessee.
7. Security Dcoosit: Sublessee shall not provide a security deposit to Sublessor or to
Landlord as part of this First Amendment to Sublease.
8. Signs: To the extent Sublessee desires to affix a sign on or in the Subleased
Premises, Sublessee must comply with all terms and conditions of Signs and Advertising
contained in Section 4.04 of the 7/16/14 Lease.
9. Brokers: There are no brokers involved in this First Amendment to Sublease.
10. Parking: Sublessee shall have, at a minimum, 12 of Sublessor's common parking
spots at the Building. Additional parking for Sublessee may be agreed upon by
Sublessee, Sublessor and Landlord in writing.
11. No Right of First Refusal/No Option: Sublessee shall have no Right of First
Refusal (Section 15.10 of the 7/16/14 Lease) and no Option (Section 15.09 of the 7/16/14
Lease).
12. As -Is: Sublessee accepts the Subleased Premises in their current and as -is
condition with no obligation of Sublessor or Landlord to make any alternation, addition
or improvement to the Subleased Premises.
13. Use/Eauipment/Furniture: Sublessee shall use the Subleased Premises for general
office use and to perform other governmental functions of Sublessee. Sublessor shall
provide Sublessee with a mutually agreeable number of desks, chairs and desk -top
telephones at no expense to Sublessee (as selected by Sublessor). Sublessor shall also
provide Sublessee with internet service (as selected by Sublessor) to use in the Subleased
Premises during the First Amendment to Sublease Term at no charge or expense to
Sublessee, Sublessor shall provide Sublessee with 1 multi -function
printer/copier/scanner ("MFPCS") to use in the Subleased Premises during the First
Amendment to Sublease Term at a charge of $83.33 per month to be paid directly to
Sublessor on the first calendar day of each month. Ink and maintenance/repair to be
provided for the MFPCS by Sublessor. Sublessor will lease two (2) tablets and three (3)
laptop computers to Sublessee for use in Sublessee's operations at a cost of $390.87 per
month to be paid directly to Sublessor on the first calendar day of each month. The laptop
computers shall be Del 5570 with the following specifications: Core i5 processor,
windows 7 Pro (includes Win 10 Pro Licensee); 4 GB Ram; 500 GB hard drive; 15.6
screen; WiFi adapter; Sophos Antivirus software installed and maintained; Office 365
installed and maintained.; and Dell Support for three (3) years. The tablets shall have
Office 365 installed and maintained. Any maintenance, repair or damage to the
computers and/or tablets which occurs during the First Amendment to Sublease Term that
is (i) outside of normal wear and tear and (ii) is not rectified by Dell Support shall be the
sole responsibility of Sublessee. The computers and tablets shall remain the property of
Sublessor and Sublessee shall return them to Sublessor upon expiration or termination of
this First Amendment to Sublease in the same or similar conditions as the start of the
First Amendment to Sublease Term with normal wear and tear excepted. Sublessee shall
be required to pay for all other furniture, equipment and supplies needed for its
operations.
14. No Assigmnent or Sublease of First Amendment to Sublease: Sublessee shall not,
under any circumstances, be permitted to assign or sublease the First Amendment to
Sublease,
15. Termination: Sublessor or Sublessee may terminate this First Amendment to
Sublease at any time during the First Amendment to Sublease Term, for any reason, with
at least ninety (90) days advance written notice to the other party of the First Amendment
to Sublease Termination Date. All provisions of the First Amendment to Sublease shall
remain in full force until the First Amendment to Sublease Termination Date.
IN WITNESS WHEREOF, this First Amendment to Sublease was duly executed by the
parties hereto on the day and year first above written.
SUBLESSOR:
Easter Seals -Michigan, Inc. d/b/a
Easter Seals Michigan
By:
Its:
Dated:
LANDLORD
Samara Property Management, L.L.C.
By:
Its:
Dated:
7636932
SUBLESSEE
The County Of Oakland
By:
Its:
Dated:
Exhibits O
1010 W MAPLE RD WAIIED LAKE,AEI
n
9
Z muxmsr»*a FASIER SEALS LEASE
®®® COUNTY (}yc) SUBLEASE
PLAN
I 1 6 �JrL�OR
FRSTFLOOR
L I 1
9
j
Resolution #21041 February 18, 2021
Moved by Nelson seconded by Weipert the resolutions on the Consent Agenda be
adopted.
AYES: Charles, Gershenson, Hoffman, Jackson, Joliat, Kochenderfer, Kowall,
Kuhn, Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Spisz,
Weipert, Woodward, Cavell. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were
adopted.
Moved by Nelson seconded by Weipert MR #21047 be amended as follows:
Add all Commissioners as co-sponsors of the resolution.
A sufficient majority having voted in favor the amendment cart i ed.
CLL'
I HEREBY APPROVE THIS �IESQLUiIQr
CHIEF DEPUTY COUNTY EXECUTIVk
ACTING PURSUANT TO MC4 45.550A (71)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, 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 February 18, 2021, 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 18th day of February 2021.
Lisa Brown, Oakland County