HomeMy WebLinkAboutResolutions - 2021.03.11 - 34216MISCELLANEOUS RESOLUTION #21060 March 11, 2021
BY: Commissioner William Miller, Chairperson, Economic Development and Infrastructure Committee
IN RE: FACILITIES MANAGEMENT - FACILITIES PLANNING AND ENGINEERING/SHERIFF'S
OFFICE — APPROVAL OF LEASE AGREEMENT FOR EXPANDED USE OF TRAINING CENTER
BUILDING
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff's Office is currently leasing a property at 300 South Street, Brandon Township for
deputy and officer training; and
WHEREAS the current lease is for partial use of the building at the above location; and
WHEREAS the Sheriff's Office has a need for additional space at this location for more complex training
and deputy and officer development; and
WHEREAS the building is a former school now owned by BLB Enterprises; and
WHEREAS BLB Enterprises will lease the property and most of the building for $12,000.00 per month, with
the County paying for the gas and electric utilities to the building; and
WHEREAS the landlord will be responsible for maintenance and services to the premises; and
WHEREAS the term of the attached Lease Agreement is for three (3) years beginning April 1, 2021, and
ending March 31, 2024; and
WHEREAS the Lease Agreement allows for two (2) additional one-year renewal options upon written notice
to the Landlord; and
WHEREAS the Lease Agreement can be terminated by the County, for any reason, with a 90-day written
notice to the landlord; and
WHEREAS the landlord will make certain physical improvements and modifications to the flooring and
doors as detailed in the attached Lease Agreement; and
WHEREAS the Sheriffs Office, 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 Sheriffs Office and 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.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and BLB Enterprises, which may be required.
BE IT FURTHER RESOLVED that the budget is amended as follows:
GENERAL FUND #10100 FY2021 FY 2022—FY 2023
Revenue
9010101-196030-665882 Planned Use of Balance $90,000 $180,000
Total Revenue 90 000 180 000
Expenditures
4030501-110110-730562 Electrical Service $ 10,500 $ 21,000
4030501-110110-731269 Natural Gas 7,500 15,000
4030501-110110-731626 Rent 72,000 144,000
Total Expenditures 90 000 $1$q QQQ
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.
LEASE OF PROPERTY FOR SHERIFF'S OFFICE TRAINING FACILITY AT
300 SOUTH STREET. ORTONVILLE. MICHIGAN
This Lease is entered into between BLB Enterprises, LLC ("Landlord") whose address is 300
South St., Ortonville, Michigan 48462, and the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("Tenant").
The Parties agree to the following terms and conditions.
WHEREAS Tenant and Landlord executed a lease effective April 1, 2020 relating the property
commonly known as 300 South St. Ortonville, Michigan 48462 ("Original Lease"); and
WHEREAS the Original Lease expires on March 31, 2021; and
WHEREAS Landlord and Tenant desire to enter into a new Lease to continue use of the Premises,
as defined below, and change certain terms and conditions, as set forth herein.
NOW, THEREFORE, for good and valuable consideration, receipt of which is acknowledged,
the Parties agree as follows:
1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord the real
property located at 300 South St, Ortonville, Michigan 48462 with the Parcel Identification
Number 03-18-102-006 (approximately twenty-two (22) acres) and approximately 80,750
square feet of the building located thereon. The 22 acres of real property and the 80,750
square feet of the building are collectively referred to as the "Premises." The real property
comprising the Premises is illustrated in Exhibit A. Exhibit A is attached and fully
incorporated into this Lease. The 80,750 square feet of the building is illustrated in Exhibit
B. Exhibit B is attached and fully incorporated into this Lease.
2. Term and Renewal.
2.1. Term. This Lease shall begin on April 1, 2021 ("Commencement Date") and
shall end three (3) years from that date on March 31, 2024 ("Initial Term"). The
Parties acknowledge that Tenant currently has possession of the Premises and
such possession will continue without interference from Landlord.
2.2. Renewal. So long as Tenant has not been in default and is not in default on the
commencement of the Renewal Term, this Lease may be renewed, at Tenant's
sole option, for two (2) additional terms of one (1) year each upon written notice
to Landlord (each a "Renewal Term"). The written notice of the renewal term
must be delivered to Landlord prior to the expiration of the Initial Term. The
renewal of this Lease shall be contained in an amendment to this Lease, which
may be executed on behalf of Tenant by its Director of Facilities Management or
successor and the Oakland County Sheriff. The same terms and conditions
contained herein shall apply to the Renewal Term.
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3. Default/Termination.
3.1. Upon written notice, a Party may terminate this Lease for default by the other
Party pursuant to the following procedure: (a) the non -defaulting Party gives the
defaulting Party written notice specifically identifying the default(s) and (b) the
defaulting Party does not cure the default within fifteen (15) calendar days of
receiving the written notice of default or the defaulting party does not commence
to cure the default within fifteen (15) calendar days of receiving written notice of
the default and does not diligently pursue the cure to completion, if the default is
of such a nature that it cannot be cured within the fifteen (15) day period.
3.2. If either Party defaults in any of its obligations under this Lease (after expiration
of the notice and cure periods in Section 3.1) the other Party shall have all
remedies available to it under the law, in addition to the rights and remedies set
forth herein.
3.3. Tenant may terminate this Lease at any time and for any reason, including
convenience, upon ninety (90) calendar days written notice to Landlord.
3.4. Upon expiration or termination of this Lease, Tenant shall surrender the Premises
in a similar condition as when taken (reasonable wear and tear excepted) and shall
remove its personal property on or before the date of expiration or termination. If
Tenant does not remove its personal property within thirty (30) calendar days of
the date of expiration or termination, in addition to any other remedies of
Landlord, such items shall be deemed abandoned, and Landlord may cause such
items to be stored, removed or disposed of at Tenant's expense, without notice to
Tenant and without obligation to compensate Tenant. Any damage caused by the
removal of Tenant's personal property shall be repaired and paid for by Tenant
within sixty (60) days of the date of expiration or termination. If Tenant does not
repair or commence repair of such damage within sixty (60) days of the date of
expiration or termination, then Landlord may repair and restore the Premises and
Tenant shall pay the actual and reasonable costs, prior to payment, of such repair
and restoration to Landlord, within thirty (30) days of demand. Landlord shall
provide Tenant with an itemized invoice for such repair and restoration.
4. Rent and Date of Rent Pavment.
4.1. Rent Amount. From the Commencement Date until the date the Lease expires or
is terminated, Tenant shall pay Landlord, one hundred forty-four thousand dollars
and no cents ($144,000.00) annually as Rent for the Premises. This annual
amount shall be paid in twelve equal installments of twelve thousand dollars and
no cents ($12,000.00) due upon receipt of invoices from the Landlord.
4.2. Place of Pavment. Payments due under this Lease from Tenant shall be paid at
the address of Landlord set forth above or at such other place as Landlord may
designate in writing.
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4.3. Renewal Term. During each renewal term, the Rent shall be under the same
terms and conditions of the original lease.
4.4. Rent Setoff. If Landlord fails to perform or comply with any obligation or
requirement of this Lease, Tenant shall give Landlord fifteen (15) calendar days
written notice of such failure. If Landlord does not cure the failure within fifteen
(15) calendar days after receipt of such written notice (or if a cure of such failure
cannot reasonably occur within such fifteen (15) calendar days and Landlord does
not commence the cure within such fifteen (15) calendar day period and thereafter
diligently pursue performance or compliance), Tenant may upon written notice to
Landlord perform or comply with such obligation or requirement or may cause a
third -party to perform or comply with such obligation or requirement. Tenant
may deduct the costs associated with such performance or compliance from the
Rent. Upon written request, Tenant shall provide Landlord with an itemized
invoice or statement of costs associated with performance or compliance of an
obligation or requirement.
4.5. Partial Month Rent Proration. If this Lease commences, terminates, or expires
other than the first calendar day of a month, then the Rent for such month shall be
prorated upon a daily basis.
5. Security Deposit. No security deposit is required of Tenant.
6. Hold Over. In the event Tenant holds over after the termination or expiration of this Lease,
without a written amendment, Tenant shall be a Tenant -At -Sufferance at two hundred
percent (200%) of the base rent in effect at the end of the applicable term. Tenant shall also
continue to pay all other sums due hereunder. There shall be no renewal of this Lease by
operation of law.
7. Use and Occunancv of the Premises.
7.1. Tenant shall use the Premises for a law enforcement training center, for storage of
public safety equipment/vehicles, which are owned by Tenant or in Tenant's
possession because of the performance of a governmental function, and for
general office use associated with a governmental function. Tenant may perform
light maintenance of equipment/vehicles at the Premises. The public will not have
access to the Premises. Tenant shall use the Premises in the performance of
governmental functions.
7.2. In its use of the Premises, Tenant shall comply with all applicable laws, municipal
ordinances, rules, or regulations; provided that compliance with all applicable
laws, municipal ordinances, rules, codes, or regulations associated with the
building structure shall be the responsibility and at the cost of Landlord
7.3. Tenant will not permit liens to attach to the Premises. Any liens attaching to the
Premises shall be discharged by Tenant within thirty (30) days of filing.
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7.4. Tenant will use the Premises in a careful, safe, and proper manner, will not
commit waste to the Premises, will not overload the floor or structure of the
Premises, or will not subject the Premises to use that would damage the Premises.
7.5. Tenant shall keep the Premises in good and clean condition and free of trash, wear
and tear from reasonable use and damage from the elements excepted.
7.6. Except for the uses provided in this Lease, Tenant shall not use the Premises in a
manner to cause cancellation of, prevent the use of, or increase the rate of, the
insurance carried by Landlord.
7.7. Tenant's use of the Premises and its activities thereon shall comply with all
"Environmental Laws," which, for purposes of this Lease, shall mean all federal,
state and local environmental laws, including, but not limited to, the Hazardous
Materials Transportation Act, (47 USC §§ 1801 et seq.), Federal Water Pollution
Control Act (33 U.S.C. §§ 1251 et seq.) ("Clean Water Act"), the Resource
Conservation & Recovery Act (42 U.S.C. §§ 6901 et seq.) ("RCRA"), Safe
Drinking Water Act (42 U.S.C. §§ 300f-j-26), Toxic Substances Control Act (15
U.S.C. §§ 2601 et seq.), Clean Air Act (42 U.S.C. §§ 7401 et seq.), the
Comprehensive Environmental Response, Compensation and Liability Act (42
U.S.C. §§ 9601 et seq.) ("CERCLA"), the Emergency Planning and Community
Right to Know Act, 42 U.S.C. §§ 11001 et seq. (` EPCRA"), the Michigan Natural
Resources and Environmental Protection Act (MCL § 324.101 et seq.) the
administrative rules and regulations promulgated under such statutes, or any other
similar federal, state or local law or administrative rule or regulation of similar
effect, in effect and adopted as of the date of execution of this Lease and as
amended. "Hazardous Materials" shall mean any substances, compounds,
mixtures, wastes or materials that are defined to be, that are regulated as, that are
listed as or that (because of their toxicity, concentration or quantity) have
characteristics that are hazardous or toxic under any of the Environmental Laws,
or any substances, compounds, mixtures, wastes or materials that are otherwise
regulated under any of the Environmental Laws.
7.8. Tenant shall not cause or permit the release of Hazardous Materials into any
environmental media such as air, water, or land, or into or on the Premises in any
manner. If such release shall occur, Tenant shall (a) take all steps reasonably
necessary to contain and control such release and any associated contamination,
(b) clean up or otherwise remedy such release and any associated contamination,
and take any and all other actions required under, applicable Environmental Laws
and (c) notify and keep Landlord reasonably informed of such release and
response.
7.9. The terms of Section 7 shall survive the expiration or termination of this Lease.
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8. Euuiument and Furnishings. Tenant shall provide, at its own expense, furniture, and
equipment it deems necessary. Tenant, at its own expense, shall be solely responsible for the
maintenance and repair of its furniture and equipment used on the Premises.
9. Condition of Premises. Tenant has examined the Premises prior to the execution of this
Lease and TENANT accepts the Premises "AS -IS" except that: Landlord warrants and
certifies that all interior and exterior lighting fixtures will be operational on the
Commencement Date. Landlord has made no representation or warranty as to the suitability
of the Premises for Tenant's use and Tenant waives any implied warranty that the Premises
are suitable for Tenant's intended purposes.
10. Security of Premises. Landlord will provide any existing keys to the Premises for Tenant's
use. Tenant shall be responsible for securing the Premises on a day-to-day basis. Tenant
shall have the right to install a security system of its choice on and around the Premises.
Tenant will pay for all costs of installing, operating, and maintaining the security system.
The security system shall remain the property of Tenant and Tenant shall remove the security
system upon expiration or termination of this Lease, including any fence gate automation
added by Tenant. In addition to a security system and as part of securing the Premises,
Tenant, at its sole cost, may tint certain windows and cover the interior of certain windows
with plywood or aluminum sheeting (so long as Tenant removes such plywood or aluminum
upon the expiration or termination of this Lease).
11. Maintenance and Repairs of Premises.
11.1. Landlord shall be responsible to perform and pay for the maintenance and
repairs to keep the Premises in compliance with applicable laws, rules,
regulations, codes, and ordinances and in substantially the same condition which
existed on the Commencement Date, subject to normal wear and tear. Such
maintenance and repair shall include, but is not limited to, maintenance and
repairs to roof; ceiling; walls; floors; windows; heating, cooling, and ventilation
system (HVAC); septic system; septic field; well; radiant heat system; electrical
system; plumbing system; restroom fixtures; sidewalks; parking lots; exterior and
interior lighting fixtures; and light bulb replacement. Tenant must provide
Landlord with prompt written (e-mail) notice of needed maintenance or repairs.
11.2. On or before the Commencement Date, the Parties shall create a document
(in writing/video and with pictures) evidencing the current condition of the
Premises. This document shall establish the condition of the Premises on the
Commencement Date and shall form the basis for maintenance and repairs to the
Premises.
12. Alterations or Improvements.
12.1. Within six (6) months of the Commencement Date, Landlord shall make
the following improvements to the Premises at its sole cost: (1) replace the
flooring in the front office with a hard surface flooring; (2) replace the tile in the
main training/classroom area with new carpet, replace the tile in the male/female
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bathrooms with new tile; replace the flooring in the four classrooms with new
carpet; and (3) install roll -up doors in the North staff parking lot entrance area, the
North entrance to the commons area, the recess door, and the entrance to
classroom 35.
12.2. Tenant shall not make any alterations or improvements to or upon the
Premises without the prior written consent of Landlord. Except as otherwise
provided in this Lease, any alteration or improvement made to or upon the
Premises shall become an integral part of the Premises and shall become the sole
property of the Landlord immediately upon the completion, unless Landlord, at its
option, requires Tenant to remove such work upon the expiration or termination of
this Lease (in which event, Tenant shall undertake such removal and restore the
Premises to a condition similar to which existed prior to Tenant undertaking such
work). Office furniture and trade fixtures used or installed in the Premises are not
alterations or improvements and shall remain the property of Tenant.
13. Utilities. Landlord shall be responsible to obtain and maintain gas and electric services to
the Premises; provided however, that within thirty (30) days of the Commencement Date,
Tenant shall transfer the gas and electric services into its name. Tenant shall reimburse
Landlord for gas and electric services during the 30-day period upon receipt of invoice with
copies of actual bills.
14. Services. Tenant shall be responsible to obtain and pay for installing, maintaining, and
operating a telephone system, computer system, security system, and any other system
Tenant deems necessary and for all janitorial services for the Premises. All such systems
shall remain the property of Tenant, who shall remove them upon Lease termination or
expiration. Landlord shall provide or obtain the following services at and around the
Premises: (a) trash removal, (b) snow and ice removal from sidewalks, steps, and parking
areas, (c) landscaping services, and (e) grounds maintenance. Services provided by Landlord
under this Section are included in Rent and shall not be invoiced to Tenant.
15. t j ¢ Tenant may attach, install, or erect signs on the interior walls of the Premises as
necessary for Tenant's use of the Premises. Tenant may not attach, install, or erect any signs
on the exterior walls of or the area surrounding the Premises without the prior written
approval of Landlord. Tenant shall remove its signs prior to the expiration or termination of
this Lease.
16. Access. Tenant shall allow Landlord access to the Premises during regular business hours
(and at all other times in the event of an emergency) for the purposes of inspecting, posting
notices, repairing and/or maintaining the Premises; however, Landlord, and any other persons
shall be accompanied, at all times, by an agent or employee of Tenant. Tenant represents
that someone will be available to accompany Landlord on a 24/7/365 basis and Landlord
shall not be liable for delays in undertaking maintenance or other obligations of Landlord
hereunder if due to the unavailability of Tenant to accompany Landlord into the Premises.
Landlord shall not unreasonably disrupt the operations of Tenant at the Premises. Tenant
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shall also allow Landlord access to the Premises at any time in case of an emergency,
provided however, Landlord, and any other persons shall be accompanied, at all times, by an
agent or employee of Tenant.
17. Taxes. Landlord shall pay all real property taxes and special assessments on the Premises
when due. Tenant shall not be responsible to pay any real property taxes and special
assessments for the Premises.
18. Insurance.
18.1. Real Pronertv Insurance. Landlord shall cause the Premises, the
building and its improvements located there to be insured against loss or damage
during this Lease.
18.2. Liabilitv Insurance. Landlord shall purchase liability insurance only for
that portion of the Premises that is occupied by Landlord and for all common
areas of the Premises, including but not limited, to the parking lot located on the
Premises.
18.3. Personal Pronertv Insurance. Tenant shall insure its personal property
kept on the Premises at its sole cost and in the amount and manner as Tenant
deems fit.
18.4. Insurance Premium Pavments. Landlord shall be responsible to pay the
premiums for the property insurance for the Premises and the liability insurance
for the Premises.
19. Indemnification/Liability and Damage to the Premises.
19.1. Tenant shall be responsible for property damage to the Premises, including
the building or fixtures attached to the building, which is caused by the acts or
omissions of Tenant or Tenant's employees, agents, contractors or invitees;
provided, however, with respect to damage that is covered by Landlord's property
insurance policy, TENANT shall only be liable for up to ten thousand dollars
($10,000.00) per occurrence.
19.2. For purposes of this Lease, "Claims" means any loss; complaint; demand
for relief or damages; lawsuit; cause of action; proceeding; judgment; penalty;
costs; or other liability of any kind which is imposed on, incurred by, or asserted
or for which a Party may become legally or contractually obligated to pay or
defend against, whether commenced or threatened, including, but not limited to,
reimbursement for reasonable attorney fees, mediation, facilitation, arbitration
fees, witness fees, court costs, investigation expenses, litigation expenses, or
amounts paid in settlement.
19.3. Each Party shall be responsible for Claims made against that Party by a
third party and for the acts or omissions of its employees, agents or contractors
related to the performance of this Lease.
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19.4. Landlord shall indemnify and hold Tenant harmless from all Claims,
incurred by or asserted against Tenant by any person or entity, to the extent
caused from the acts or omissions of Landlord or its agents or employees.
19.5. Tenant's right to indemnification is in excess and above any insurance
rights/policies required by this Lease.
19.6. Landlord shall not be liable to Tenant or to any other person for any
damage (to person or property) caused by: (a) failure in any utility or building
system, (b) failure of any security system, (c) by the bursting or leaking of any
vessel or pipe in or about the Premises, (d) by water, snow or ice coming into the
Premises, or (e) from the acts or neglect of occupants of adjacent property or the
public. Tenant shall maintain all desired insurance covering its personal property
and Tenant, rather than Landlord, shall be responsible for the damage or theft of
its personal property.
19.7. This Lease does not and is not intended to impair, divest, delegate, or
contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty, capacity, or immunity of Tenant.
19.8. The terms and conditions of Section 19 shall survive the expiration or
termination of this Lease.
20. Destruction of Premises.
20.1. Except as otherwise provided herein, in the event the Premises are
partially damaged or destroyed by fire or other casualty, the damage to the
Premises shall be promptly repaired or rebuilt by Landlord. In the event the
Premises cannot be repaired or rebuilt within ninety (90) Calendar days after such
destruction, Tenant shall have the right to terminate this Lease and vacate the
Premises within thirty (30) Calendar days after the occurrence of such damage or
destruction. If the Premises are damaged or destroyed, Tenant may elect to
remain on the Premises or to vacate the Premises (at its sole option) until the
repairs are complete. During the time between when the Premises are damaged
and until the repairs or construction to the Premises are complete, the Rent owed
by Tenant shall be reduced in proportion to the portion of the Premises rendered
unusable (in the discretion of Tenant).
20.2. In the event (i) all or any portion of the Premises is damaged by fire or
other casualty and the time period reasonably determined by Landlord to be
required for the actual restoration or repair of the Premises will exceed ninety (90)
Calendar days from the date the casualty occurs, or (ii) the Premises is damaged
by fire or other casualty within twelve (12) months preceding the end of the Term,
or (iii) Landlord does not anticipate receiving sufficient insurance proceeds to
restore the Premises, or (iv) Landlord is required to pay any insurance proceeds
arising out of the casualty to Landlord's lender, or (v) Landlord determines in its
sole discretion that it is not economical to repair the casualty, then Landlord shall
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have the right, to be exercised by giving written notice within thirty (30) Calendar
days after the occurrence of the casualty, to terminate this Lease. Tenant will
have thirty (30) Calendar days from the date of the notice to vacate the Premises.
If Landlord elects to rebuild or repair the Premises, then the Rent owed by Tenant
shall be reduced in proportion to the portion of the Premises rendered unusable (in
the discretion of Tenant) until the Premises are repaired or rebuilt. In no event,
shall Landlord be required to repair or replace any property of Tenant.
21. Eminent Domain.
21.1. If the whole Premises or any part thereof is taken by any public authority
under the power of eminent domain, Tenant has the right to terminate the Lease
and vacate the Premises anytime between the award of taking to the public
authority and the day the public authority takes possession.
21.2. If less than the whole of the Premises is taken by any public authority
under the power of eminent domain, and Tenant elects to remain on the Premises,
the rent shall be reduced in proportion to the amount of space taken by the public
authority. Neither Party shall have any future obligation or liability under the
Lease (except as otherwise stated herein), if the Lease is terminated pursuant to
this Section.
22. Assignment. Tenant shall not assign, sublet, or in any manner transfer this Lease or any
estate or interest therein without the prior written consent of Landlord.
23. Ouiet Eniovment. Upon performance of its obligations under this Lease, Tenant shall
peacefully and quietly hold and enjoy the Premises without hindrance or interruption by
Landlord, its agents, or employees, subject to the terms of this Lease.
24. Modifications. This Lease may be modified or amended only by written agreement of
Landlord and Tenant.
25. Binding Effect. The terms and conditions of this Lease shall be binding and shall inure to
the benefit of the Parties and their respective heirs, representatives, successors and assigns.
Tenant shall not record this Lease or a memorandum of this in the Oakland County Register
of Deeds Office.
26. Severability. if a term or condition of this Lease is found by a court of competent
jurisdiction to be invalid, unenforceable, or to violate federal or state law, then the term or
condition shall be deemed severed from this Lease, all other terms and conditions shall
remain in full force and effect.
27, Waiver. No waiver of any term or condition of this Lease, whether by conduct or otherwise,
in one or more instances, shall be deemed or construed as a further continuing waiver of a
term or condition of this Lease. No remedy available to a Party for the other Party's breach
of this Lease is intended to be an exclusive remedy. A Party's exercise of any remedy for
breach of this Lease shall not be deemed or construed to be a waiver of its right to pursue
another remedy.
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28. Use of Words. The pronouns and relative words used in this Lease shall be read
interchangeably in masculine, feminine or neuter, singular or plural, as the context requires.
29. Notice. All notices required under this Lease shall be in writing. Notices shall be effective:
(a) the next Business Day, if personally delivered; (b) the third Business Day, if sent by U.S.
mail, postage prepaid, return receipt requested; (c) the next Business Day, if sent by a
nationally recognized overnight express courier with a reliable tracking system; or (d) the
next Business Day with a receipt of confirmation, if sent by e-mail or fax. Notice to
Landlord shall be sent to: 500 S. Opdyke Road, Pontiac, Michigan 48341. Notice to Tenant
shall be sent to: (1) Oakland County Facilities Management, Director, One Public Works
Drive, Building 95 West, Waterford, Michigan 48328 and (2) The Oakland County Sheriff,
Law Enforcement Complex, 1200 North Telegraph Road, Building 38 East, Pontiac,
Michigan 48341.
30. Force Maieure. Landlord shall not be in default under this Lease (and the time for Landlord
to perform shall be extended day for day) to the extent Landlord is unable to perform any of
its obligations on account of any adverse weather, strike or labor problem, energy shortage,
governmental pre-emption or prescription, national emergency or any other cause of any kind
beyond the reasonable control of Landlord, excluding the current State and National
Emergency caused by COVID-19.
31. Subordination/Estonnel. This Lease and all rights of Tenant hereunder shall be subordinate
to the lien and security title of any mortgage which may encumber the Premises. Upon
demand, Tenant shall execute and deliver to Landlord or to mortgagee any instruments,
requested by either of them, to evidence such subordination. Upon demand, Tenant will
execute and deliver to Landlord, Landlord's mortgagee, purchasers, or any other third party
designated by Landlord an estoppel certificate in the form and substance requested by
Landlord, to the extent it is factually accurate.
32. Governing Law. This Lease shall be interpreted under and governed by the laws of the
State of Michigan.
33. Entire Agreement. This Lease constitutes the entire agreement of the Parties with respect to
the Premises. All prior negotiations, agreements and understandings, either oral or written,
are merged into this Lease.
34. Authority: Tenant represents that it is authorized by all required governmental action to
enter into this Lease and the individual(s) signing this Lease on behalf of Tenant are each
authorized to bind Tenant to its terms.
IN WITNESS WHEREOF, the Parties execute this Lease.
(LANDLORD)
I:
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This Lease was acknowledged before me in Oakland County, Michigan this day of
. 2021, by , Landlord.
Notary Public, Oakland County, Michigan
Acting in Oakland County
My Commission Expires:
COUNTY OF OAKLAND (TENANT)
By:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
This Lease was acknowledged before me in Oakland County, Michigan this day of
, 2020, by David T. Woodward, Chairperson, Oakland County Board of
Commissioners,
Notary Public, Oakland County, Michigan
Acting in Oakland County
My Commission Expires:
Page 11 of 11
Final 02-12-21
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Resolution #21060
March 11, 2021
Moved by Gingell seconded by Gershenson the resolutions on the Consent Agenda be adopted.
Discussion followed.
Vote on Consent Agenda:
AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliat, 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 Spisz seconded by Weipert to amend MR #21064, MR #21065, MR #21066 and MR #21067 as
follows:
Add all Commissioners as co-sponsors of these resolutions.
A sufficient majority having voted in favor the amendment carried.
a, C'L'-'
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (T
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 March 11, 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 11th day of March, 2021.
Lisa Brown, Oakland County