HomeMy WebLinkAboutResolutions - 2021.07.22 - 34720MISCELLANEOUS RESOLUTION!' #21291 July 22, 2021
BY: Commissioner William Miller, Chairperson, Economic Development and Infrastructure Committee
IN RE: FACILITIES MANAGEMENT AND WATER RESOURCES COMMISSIONER — RENEWAL
LEASE WITH D'AN-CO PROPERTIES, LLC FOR USE OF BUILDING AND STORAGE YARD
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Water Resources Commissioner presently provides water system and
sanitary sewer system operations and maintenance to numerous communities in southern Oakland
County; and
WHEREAS at the present time, the County does not own a suitable facility in southern Oakland County to
accommodate the material storage needs of the Water Resources Commissioner's Water Unit; and
WHEREAS pursuant to M.R. #12161 and M.R. #16180, the County entered into a lease with D'AN-CO
Properties, LLC for use of the property located at 30750 W. Eight Mile Road, Farmington Hills, Michigan
("Property') to meet these material storage needs; and
WHEREAS the existing lease expires June 30, 2021; and
WHEREAS the term of this lease shall begin on July 1, 2021, and shall end on June 30, 2026; and
WHEREAS the rental rate the first year will be $3,800.00 per month or $45,600 per year with annual
increases per month as follows: year two $3,850.00, year three $3,900.00, year four $3,950.00, and year
five $4,000,00; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared the attached lease and all other necessary documents and found no issues.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached lease with D'ANCO Properties, LLC.
BE IT FURTHER RESOLVED that the Board of Commissioners directs its Chairperson to execute the lease
and all other documents related to the lease, which may be required.
BE IT FURTHER RESOLVED that a budget amendment is not required as there is sufficient funding to
cover the expenditure for FY 2021 through FY 2024.
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 on a roll call vote with Miller and Cavell absent.
FINANCE COMMITTEE VOTE:
Motion carried on a roll call vote with Cavell and Long absent.
LEASE
This Lease is made and entered into on the day of 2021, by
D'AN-CO Properties, LLC, 25543 Ranchwood, Farmington Hills, Michigan 48335
("LANDLORD"), and the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, 1200
North Telegraph Road, Pontiac, Michigan 48341 ("TENANT"),
1. Leased Premises. In consideration of the Rent to be paid and the covenants to be
performed by the TENANT, the LANDLORD leases to the TENANT and the TENANT leases from
the LANDLORD the following: (1) a portion of the industrial warehouse building and industrial site
located at 30750 Fight Mile Road, Farmington Hills, Michigan, consisting of approximately Two
Thousand Eight Hundred and Eighty (2,880) square feet of the industrial warehouse building
(`Building") marked as "WRC Storage" on Attachment A; (2) approximately One Thousand Six
Hundred (1,600) square feet of vacant land at the industrial site marked as "Equipment Storage" on
Attachment A; (3) approximately Twenty -Six Thousand and Sixty (26,060) square feet of vacant
land marked as "Material Storage" on Attachment A; and (4) approximately Eight Hundred square
feet (800) of vacant land marled as "WRC Pipe Storage" on Attachment A; collectively these
properties constitute the "Premises" that are leased by TENANT. This Lease includes the right to
use an ingress and egress driveway easement directly West of 30750 Eight Mile Road, Farmington
I -lilts, Michigan for access to the rear of the Building and the rear of the Premises and includes the
non-exclusive right use the parking lot in the front and in the rear of the Building in common with
other tenants or occupants of the Building. Attachment A is incorporated into this Lease.
2. Term and Commencement Date, The Term of this Lease shall begin on July 1, 2021
and shall expire on June 30, 2026. The TENANT shall have possession of the Premises on the
Effective Date. Failure of the LANDLORD to provide TENANT with possession on that dale shall
be deemed a Default under the terms of this Lease.
3. Termination. Notwithstanding any other provision of this Lease, TENANT shall
have the absolute right to cancel or terminate this Lease, for any reason, upon ninety (90) days
written notice to the LANDLORD with no penalty whatsoever to TENANT.
4. Rent. From the date this Lease commences until the Lease expires or is terminated,
the TENANT agrees to pay the LANDLORD the following rent schedule for the next five years as
"Rent".
7/1/2021 to 6/30/2022 - $3,800,00 per month
7/1/2022 to 6/30/2023 - $3,850.00 per month
7/1/2023 to 6/30/2024 - $3.900.00 per month
7/1/2024 to 6/30/2025 - $3,950.00 per month
7/1/2025 to 6/30/2026 - $4,000.00 per month
This sum includes all utilities, structural maintenance, site maintenance, all snow removal,
lawn maintenance, trash removal, parking lot maintenance, use ofLANDLORD's forklift, taxes (real
and personal) and special assessments for the Premises. TENANT shall provide custodial services
for the Building, if any are needed. In the event the LANDLORD fails to perform any service,
maintenance or repair of the Premises as required in this Lease, the TENANT shall give the
LANDLORD written notice that such service, maintenance, or repair has not been performed or
provided. If the LANDLORD does not perform or provide such service, maintenance, or repair
within ten (10) business days from LANDLORD'S receipt of such notice, the TENANT may elect to
perform or provide such service, maintenance or repair and the TENANT may deduct any costs for
performing the service, maintenance or repair from the Rent owed to the LANDLORD.
Notwithstanding the foregoing, if the LANDLORD cannot reasonably perform such service,
maintenance, or repair within said 10-day period, then LANDLORD shall have additional time to
perform such service, maintenance, or repair, provided the LANDLORD has commenced a cure
within the initial 10-day period and is diligently pursuing the same to completion. In an emergency
situation, the 'TENANT may perform or provide the service, maintenance, or repair without prior
notice to the LANDLORD and still may deduct the costs pursuant to this Paragraph. Upon request,
the TENANT shall provide the LANDLORD with an itemized invoice or statement for the costs
associated with performing or providing the services, maintenance, or repair.
5. Partial Month Rent Proration. Should the Term of this Lease commence on a day
other than the first calendar day of a month, then the Rent for such month and the last month of the
Term shall be prorated upon a daily basis based upon a thirty (30) day calendar month.
6. Place and Date of Pavment. Payments due under this Lease from the TENANT to the
LANDLORD shall be paid at the address of the LANDLORD set forth above, or at such other place
as LANDLORD may designate in writing. The monthly rental payment shall be paid on the first
calendar day of each month or another date agreed to by both Parties. Except as otherwise provided
herein, the Rent shall be paid without any deduction or set off.
7. Hold Over. In the event the TENANT holds over after the expiration of the original
Term of this Lease without a written agreement between the LANDLORD and the TENANT: (i)
TENANT shall be deemed a tenant -at -will; (ii) TENANT shall pay 150%of the Rent last prevailing
hereunder; (iii) there shall be no renewal or extension of this Lease by operation of law; and (iv) the
tenancy -at -will may be terminated by either party hereto upon 30 days' prior written notice given by
the terminating party to the non -terminating party.
8. Use and Occunancv. The Premises shall not be used in violation of any law,
municipal ordinance, or regulation. The Premises will be used to store motorized vehicles and
equipment and materials used in the construction, maintenance, and operation of water and sewer
mains, including sand, fill dirt, gravel, piping, fire hydrants, and the like. Some light maintenance of
vehicles will be performed on the Premises. Upon expiration or termination of this Lease, the
TENANT shall surrender the Premises in the same condition as when taken (reasonable wear and
tear excepted), and shall remove its personal property, vehicles, trade fixtures and equipment.
9. Eouinment and Furnishings. The TENANT shall provide, at its own expense,
furniture, and equipment it deems necessary. The TENANT, at its own expense, shall be solely
responsible for the maintenance and repair of all furniture and equipment used on the Premises.
TENANT may use LANDLORD'S forklift that is located on the Premises. If LANDLORD's
employees or agents are at the Premises, they shall operate the forklift as directed by TENANT. If
LANDLORD's employees or agents are not at the Premises or do not know how to operate the
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forklift, TENANT's employees may operate the forklift. The cost for the use of the forklift and time
for LANDLORD's employees and agents is included in the Rent.
10. Taxes. All taxes (real and personal) and any special assessments are included in the
Rent due under Paragraph five (5) of this Lease.
11. Maintenance and Repairs. The LANDLORD shall maintain and keep the Premises in
good repair, including, but not limited to, the roof, ceilings, walls, floors, foundations, electrical
systems, plumbing, sidewalks, parking areas, exterior glass, heating and cooling systems, and the
replacement of light bulbs. If any repairs to the Premises are required (except for normal wear and
tear), as a result of the TENANT'S actions, or the actions of its employees, agents, customers,
licensees or invitees, the TENANT shall be responsible for making such repairs, unless such repairs
are covered by insurance as required by the insurance provisions of this Lease.
12. Utilities and Services.
a. Utilities. The LANDLORD shall be solely responsible for and promptly pay
all utilities including charges for water, gas, heat, electricity, sewer service and any other
utilities used by TENANT on the Premises. LANDLORD agrees to provide security lighting
for the exterior and interior of the Premises at no charge to TENANT.
b. Services. The TENANT agrees to pay all costs associated with maintaining
and operating its telephone system, computer system and any other system the TENANT
installs in the Premises. The LANDLORD agrees to provide, at its own expense, trash
removal, snow and ice removal from sidewalks, steps and parking areas, complete parking
lot maintenance and lawn care services in a manner determined by LANDLORD in its sole
discretion.
13. Comnliance with Laws. The LANDLORD agrees, at its own expense, to promptly
comply with all applicable federal, state, and municipal laws and regulations affecting the Premises,
including any barrier -free requirements. If the LANDLORD fails to comply with such laws and
regulations, the TENANTmay give the LANDLORD written notice of its intent to terminate the
Lease ninety (90) days after the LANDLORD'S receipt of the written notice. If the LANDLORD
complies with the laws and regulations within the ninety (90) day period, then TENANT'S notice
will be deemed withdrawn.
14. Destruction of Premises.
a. 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 the
LANDLORD. In the event the Premises cannot be repaired or rebuilt within ninety (90)
days after such destruction, the TENANT shall have the right to terminate this Lease and
vacate the Premises within ninety (90) days after the occurrence of such damage or
destruction. During the time the Premises are being repaired, the Rent owed by the TENANT
shall be reduced in proportion to the percentage of the Premises rendered unusable (in the
discretion of the TENANT) until the Premises are repaired or rebuilt. if the TENANT is
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required to vacate the Premises during any period of repair the Rent shall be entirely abated
for that time. If more than thirty-five percent (35%) of the Premises are damaged or
destroyed by fire or other casualty, the TENANT may elect to remain on the Premises or to
vacate the Premises.
b. In the event that more than thirty-five (35%) percent of the Premises are
damaged or destroyed by fire or other casualty, the LANDLORD may elect to either repair
or rebuild the Premises, or to terminate this Lease by giving written notice to the TENANT
within ninety (90) days after the occurrence of such damage or destruction. TENANT will
have ninety (90) days from the date of the notice to vacate the Premises. If the LANDLORD
elects to rebuild or repair the Premises, then the Rent owed by the TENANT shall be reduced
in proportion to the percentage of the Premises rendered unusable during the time of repair
(in the discretion of the TENANT) until the Premises are repaired or rebuilt. In no event
shall the LANDLORD be required to repair or replace any property of the TENANT. If the
TENANT is required to vacate the Premises during any period of repair, the Rent shall be
entirely abated for that time.
15. Insurance. The TENANT is self -insured. The LANDLORD agrees to provide the
following insurance or similar insurance:
a. Commercial General Liability Insurance in the minimum amount of
$1,000,000 Combined Single Limit per occurrence, including Contractual Liability coverage
recognizing this contract.
b. Workers' Compensation as required by statute. Employers Liability
(coverage B) in the minimum amount of $500,000 per occurrence.
C. All Insurance Certificates are to provide 30 days notice of material change or
cancellation. Certificates of Insurance and insurance binders must be provided ten (10)
working days before commencement of this Lease.
d. Mutual Waiver of Subrogation. With regard to the premises and/or contents,
to the extent that a loss is covered by insurance, the LANDLORD agrees that the TENANT
(his agents and/or employees) shall not be liable to the LANDLORD and the LANDLORD
shall not be liable to the TENANT for any loss resulting directly or indirectly from fire,
explosion, smoke damage, vehicle damage, aircraft damage, riot and civil commotion,
vandalism and malicious mischief, or other similar event.
16. Indemnification. The LANDLORD shall save, defend, indemnify, and hold the
TENANT harmless from and against any and all loss, cost, liability, damage, expense (including,
without limitation, reasonable attorneys' fees), penalties, fines and claims whatsoever in connection
with loss of life, personal injury and/or damage to property arising from any negligent or willful acts
or omissions of the LANDLORD, its agents or employees.
17. Alterations or Improvements. The TENANT shall not make any alterations or
improvements to or upon the Premises without the prior written consent of the LANDLORD. Any
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alterations or improvements made to or upon the Premises shall become an integral part of the
Premises and shall become the sole property ofthe LANDLORD immediately upon the completion,
unless agreed to in writing by the Parties. Office furniture and trade fixtures used or installed in the
Premises shall not be deemed to be alterations and shall remain the property of the TENANT.
19. Care of Premises. TENANT shall keep the Premises in good repair, wear and tear
from reasonable use and damage from the elements excepted.
19. Access by TENANT. The LANDLORD will provide keys for the TENANT'S
employees, agents, or independent contractors to enterthe Premises. TENANT shall have the right to
install a security system of its choice on the Premises. TENANT will pay the cost of installing,
operating, and maintaining the security system. TENANT shall have the right to remove the security
system upon expiration or termination of this Lease.
20. Access by LANDLORD. The TENANT acknowledges that during this Lease, the
LANDLORD has the right to have access to the Premises upon written request to the TENANT.
The TENANT shall allow the LANDLORD access to the Premises during regular business hours for
the purposes of inspecting, repairing and/or maintaining the Premises when accompanied by an
agent or employee of TENANT. The LANDLORD shall use its best efforts not to disrupt the usual
operations of the TENANT at the Premises. The TENANT shall also allow the LANDLORD access
to the Premises at any time in case of an emergency.
21. M. The TENANT may attach, install, or erect signs on the interior walls of the
Premises as necessary for the TENANT'S business at the Premises. The TENANT may attach,
install, or erect signs on the exterior walls of the Premises, or the area surrounding the Premises,
with the written approval of the LANDLORD as to the form, content, material, lighting, and
structure thereof, and in conformance with City regulations.
22. Assienment. The TENANT shall not assign, sublet or in any manner transfer this
Lease or any estate or interest therein without the prior written consent of the LANDLORD.
23. Parking. The LANDLORD agrees to provide sufficient non-exclusive parking to
satisfy the requirements of the TENANT, provided that such parking shall be in common with other
tenants and occupants at the Building and LANDLORD shall not be required to provide more
parking spaces than are required by the applicable zoning ordinance.
24. Eminent Domain. If the whole Premises are taken by any public authority under the
power of eminent domain, then this Lease shall be terminated on the day the public authority takes
possession of the whole Premises. If less than the whole Premises are taken by any public authority
under the power of eminent domain, then the TENANT in its sole discretion may elect to terminate
this Lease upon thirty (30) days written notice to LANDLORD. In the event TENANT elects to
remain on the Premises after a partial taking of the Premises the Rent shall be reduced in proportion
to the percentage of the Premises taken. Neither Party shall have any future liability or obligation
under the Lease if it is terminated pursuant to this Paragraph. LANDLORD shall be entitled to any
and all payment, income, rent or award, which may be paid or made in connection with such a taking
or conveyance.
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25. Events of Default.
a. Bankruntcy of Tenant. It shall be a default by TENANT under this Lease
("Default" or "Event of Default") if TENANT makes an assignment for the benefit of
creditors, or files a voluntary petition under any state or federal bankruptcy (including the
United States Bankruptcy Code) or insolvency law, or an involuntary petition is filed against
TENANT under any state or federal bankruptcy (including the United States Bankruptcy
Code) or insolvency law that is not dismissed within 90 days after filing, or whenever a
receiver of TENANT, or of, or for, the property of TENANT shall be appointed, or
TENANT admits it is insolvent or is not able to pay its debts as they mature.
b. Default Provisions. In addition to any Default arising under Section 25(a)
above, each of the following shall constitute a Default: (i) if TENANT fails to pay Rent or
any other payment when due hereunder within five days: (ii) if TENANT fails, whether by
action or inaction, to timely comply with, or satisfy, any or all of the obligations imposed on
TENANT under this Lease (other than the obligation to pay Rent) for a period of 30 days
after LANDLORD'S delivery to TENANT of written notice of such default under this
Section 25(b)(ii); provided, however, that if the default cannot, by its nature, be cured within
such 30 day period, but TENANT commences and diligently pursues a cure of such default
promptly within the initial 30 day cure period, then LANDLORD shall not exercise its
remedies under Section 25 unless such default remains uncured for more than 60 days after
the initial delivery of LANDLORD'S original default notice; and, at LANDLORD'S
election, (iii) if TENANT vacates or abandons the Premises during the Term.
26. Riehts and Remedies.
a. Landlord's Cure Riehts Upon Default of Tenant. If a Default occurs, then
LANDLORD may (but shall not be obligated to) cure or remedy the Default for the account
of, and at the expense of, TENANT, but without waiving such Default.
b. Landlord's Remedies. In the event of any Default by TENANT under this
Lease, LANDLORD, at its option, may, in addition to any and all other rights and remedies
provided in this Lease or otherwise at law or in equity do or perform any or all of the
following:
i. Terminate this Lease and/or TENANT'S right of possession of the
Premises by any lawful means, in which case TENANT shall immediately surrender
possession to LANDLORD. In such event, LANDLORD shall be entitled to recover from
TENANT all of: (A) the unpaid Rent that is accrued and unpaid as of the date on which this
Lease is terminated; and (B) any other amount necessary to compensate LANDLORD for all
the detriment proximately caused by the TENANT'S failure to perform its obligations under
this Lease or which, in the ordinary course of events, would be likely to result therefrom,
including but not limited to, the cost of recovering possession of the Premises, expenses of
reletting, including renovation and alteration of the Premises, reasonable attomeys' fees, and
that portion of any leasing commission paid by LANDLORD in connection with this Lease
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applicable to the unexpired Term (as of the date on which this Lease is terminated).
ii. Continue the Lease and either (A) continue TENANT'S right to
possession or (B) terminate TENANT'S right to possession and in the case of either (A) or
(B), recover the Rent as it becomes due. Acts of maintenance, efforts to relet, and/or the
appointment of a receiver to protect the LANDLORD'S interests shall not constitute a
termination of the TENANT'S right to possession; or
iii. Pursue any other remedy now or hereafter available underthe laws of
the state in which the Premises are located.
Any and all personal property of TENANT that may be removed from the Premises by LANDLORD
pursuant to the authority of this Lease or of law may be handled, removed, or stored by
LANDLORD at the sole risk, cost, and expense of TENANT, and in no event or circumstance shall
LANDLORD be responsible for the value, preservation, or safekeeping thereof. TENANT shall pay
to LANDLORD, upon demand, any and all expenses incurred in such removal and all storage
charges for such property of TENANT, so long as the same shall be in LANDLORD'S possession or
under LANDLORD'S control. Any such property of TENANT not removed from the Premises as of
the Expiration Date or any other earlier date on which this Lease is terminated shall be conclusively
presumed to have been conveyed by TENANT to LANDLORD under this Lease as in a bill of sale,
without further payment or credit by LANDLORD to TENANT. Neither expiration or termination
of this Lease nor the termination of TENANT'S right to possession shall relieve TENANT from its
liability under the indemnity provisions of this Lease.
c. Additional Riuhts of Landlord. All sums advanced by LANDLORD or Agent
on account of TENANT underthis Section, or pursuant to any other provision of this Lease, and all
Rent, if delinquent or not paid by TENANT and received by LANDLORD when due hereunder,
shall bear interest at the rate of 5% per annum above the "prime" rate (on a per annum basis) of
interest publicly announced as such, from time to time, by Comerica Bank, or its successor ("Default
Interest"), from the due date thereof until paid, and such interest shall be and constitute additional
rent and be due and payable upon LANDLORD'S submission of an invoice therefor. The various
rights, remedies and elections of LANDLORD reserved, expressed, or contained herein are
cumulative and no one of them shall be deemed to be exclusive of the others or of such other rights,
remedies, options, or elections as are now or may hereafter be conferred upon LANDLORD by law.
27. Broker. LANDLORD and TENANT each represent and warrant to the other that it
has had no dealings with any person, firm, broker, or finder in connection with this Lease, and that
no party is entitled to any commission or tinder's fee in connection herewith.
28. Subordination and Attornment. This Lease is and shall be subject and subordinate at
all times to any mortgage that may now exist or hereafter be placed upon, and encumber, any or all
of the Premises. TENANT shall execute and deliver, within ten (10) days of LANDLORD'S
request, and in the form reasonably requested by LANDLORD (or its lender), any documents
evidencing the subordination of this Lease. TENANT hereby covenants and agrees that TENANT
shall attorn to any successor to LANDLORD.
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29. Est000el Certificate. TENANT agrees, ftom time to time and within 10 days after
request by LANDLORD, to deliver to LANDLORD an estoppel certificate stating such matters
pertaining to this Lease as may be reasonably requested by LANDLORD.
30. Ouiet Eniovment. Upon performance of its obligations under this Lease, the
TENANT shall peacefully and quietly hold and enjoy the Premises for the Term of this Lease
without hindrance or interruption by the LANDLORD, its agents or employees, subject to the terms
of this Lease.
31. Modifications. This Lease may be modified or amended only by written agreement
of the LANDLORD and the TENANT.
32. Remedies not Exclusive. It is agreed that each and every right and benefit provided
by this Lease shall be cumulative, and shall not be exclusive of any other right, remedy and/or
benefit allowed by law or in equity to either party.
33. Gender. The gender of any word contained in this Lease shall not affectthe meaning
of this Lease, and whenever herein the singular number is used, the same shall include the plural,
and any gender shall be deemed to include the masculine, feminine, or neuter genders.
34. Common Areas. The term "Common Areas" shall include, facilities, service
corridors, pedestrian sidewalks, stairways, hallways, bathroom area, landscaped areas, parking areas,
access roads, driveways, loading areas, lighting and facilities which may be furnished by
LANDLORD in or near the building which are outside of the Premises, and designated from time to
time by LANDLORD as Common Areas. TENANT and its invitees shall have right to access the
common areas during the term of this Lease. LANDLORD shall at its sole cost and expense, operate
and maintain the common areas in a manner determined by LANDLORD in its sole discretion.
35. Security Deposit. LANDLORD acknowledges that no security deposit is being
required of TENANT.
36. Governine Law. This Lease shall be interpreted under and governed by the laws of
the State of Michigan.
37. Severability. If a term, condition, or provision of this Lease is found by a court of
competent jUri sdiction to be invalid, unenforceable, orto violate or contravene federal or state law,
then the term, condition, or provision shall be deemed severed from this Lease; all other terms,
conditions and provisions shall remain in full force and effect.
38. Waiver. No waiver of any term, provision, 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, provision or condition of this Lease. No remedy available to a Party for the other
Party's breach of this Lease is intended to bean 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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39. Entire Agreement. This Lease constitutes the entire agreement of the Parties with respect
to the Premises, and all prior negotiations, agreements, and understandings, either oral or written,
are merged herein.
40. BindinR 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.
41. 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.
42. Notice. Any notice or other communication required or desired to be given shall be
deemed to have been sufficiently given for all purposes if delivered personally to the Party to whom
the same is directed, or if sent by registered or certified mail, return receipt requested, postage and
charges prepaid, addressed to the address of such Party as set forth above. Any notice which is
served personally shall be deemed to be given on the date on which the same is actually served, and
any notice which is sent by mail shall be deemed given three (3) days after the same is deposited
with the United States mail, addressed as provided in the immediately preceding sentence. Any
Party may change its address for purposes of this Lease by giving the other Party written notice of
the address change.
43. Reservation of Rights. 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 the TENANT.
N WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year above
written.
WITNESSES: D'AN-CO PROPERTIES, LLC
STATE OF MICHIGAN )
) SS.
COUNTY OF OAKLAND )
this
By: Robert D'Angelo, Member
The foregoing instrument was acknowledged before me in Oakland County, Michigan
clay 2021, by ROBERT D'ANGELO, Member.
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WITNESSES:
STATE OF MICHIGAN )
) SS.
COUNTY OF OAKLAND )
Notary Public,
Acting in Oakland County, Michigan
My Commission Expires:
OAKLAND COUNTY
By: David T. Woodward, Chairperson
Oakland County Board of Commissioners
The foregoing instrument was acknowledged before me in Oakland County, Michigan
this day of 2021, by David T. Woodward, Chairperson of the Board of
Commissioners of the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, on
behalf of the Corporation.
Notary Public,
Acting in Oakland County, Michigan
My Commission Expires:
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OAKLAND COUNTY
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Resolution #21291 July 22, 2021
Moved by Gingell seconded by Powell the resolutions on the Consent Agenda be adopted.
AYES: Gershenson, Gingell, Hoffman, Jackson, Joliat, KOchenderfer, Kowall, Kuhn, Long,
Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward, Cavell,
Charles. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted.
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I HEREBY APPROVETHIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
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 July 22, 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 22"c day of July, 2021. `/���
Lisa Brown, Oakland County