HomeMy WebLinkAboutResolutions - 2021.09.29 - 34878September 29, 2021
MISCELLANEOUS RESOLUTION #21-364
Sponsored By: Gwen Markham
IN RE: Lease Agreement Amendment #2 with HD Development of Maryland (Home Depot USA)
Chairperson and Members of the Board:
WHEREAS the Department of Information Technology requests approval of the attached Amendment #2 to
the Lease Agreement with HD Development of Maryland (Home Depot) for continued use of the property and
installation of additional equipment related to the operation and maintenance of the County Public Safety
Communications System; and
WHEREAS the Oakland County Board of Commissioners approved a lease through Miscellaneous Resolution
404017 and approved a lease amendment through Miscellaneous Resolution #04303 for the County to locate a
communications tower on property owned by Home Depot on Avon Road in Rochester Hills; and
WHEREAS the Departments of Information Technology and Corporation Counsel drafted, reviewed, and
approved the attached amendment #2 with Home Depot authorizing continued use of the property and
installation of additional equipment; and
WHEREAS the term of the Lease Agreement will be extended until December 31, 2028, and the additional
fiber easement will allow for redundant connectivity to the communications tower.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
attached amendment #2 and directs its Chairperson to execute the amendment and all other documents related to
the amendment which may be required.
BE IT FURTHER RESOLVED that all agreements, contracts, and amendments associated with the Public
Safety Communication System be kept by Radio Communications in the Department of Information
Technology.
BE IT FURTHER RESOLVED a budget amendment is not required at this time.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Gwen Markham.
JWL� Date: October 05, 2021
Hilarie Chambers, Deputy County Executive II
Date: October 07. 2021
Lisa Brown, County Clerk / Register of Deeds
COM-NIITTEE TRACKING
2021-09-15 Finance - Recommend to Board
2021-09-29 Full Board
VOTE 'TRACKING
Motioned by Commissioner Yolanda Smith Charles seconded by Commissioner Penny Luebs to adopt the
attached Contract - IT Related: Lease Agreement Amendment #2 with HD Development of Maryland (Home
Depot USA).
Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall,
Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia
Gershenson, William Miller 11I, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary
McGillivray, Robert Hoffman (20)
No: None (0)
Abstain: None (0)
Absent: (0)
The Motion Passed.
ATTACHMENTS
l . Home Depot -Rochester Hills, Ml--Lease Amendment #2 (Final Version 08-28-21)
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 September 29, 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 on Wednesday, September 29, 2021.
Lisa Brown, Oakland County Clerk /Register of'Deeds
AMENDMENT 2
LEASE AGREEMENT
Amendment 2 to the Lease Agreement ("Amendment") is entered into this day of
, 2021, by the County of Oakland, a municipal and constitutional corporation, located at
1200 North Telegraph Road, Pontiac, MI 48341, acting by and through its Department of Information
Technology ("County") and HD Development of Maryland, Inc., a Maryland Corporation, c/o Home
Depot U.S.A., Inc., located at 2455 Paces Ferry Road, NW, Atlanta, GA 30339-4024 ("Landlord").
INTRODUCTION
A. The Landlord and the County entered into a Lease on February 5, 2004 and Amendment #1 on
November 24, 2004 (collectively the Agreement'').
B. The parties now wish to amend that Agreement to supplement Exhibit B to the Agreement to
include an additional non-exclusive easement for utilities and so that Exhibit C to the Agreement
is changed to reflect such additional utility easement area.
C. The parties now wish to amend the Agreement so that Paragraph 1 Leased Site to the Agreement
is changed.
D. The parties now wish to amend that Agreement so that Paragraph 3.1 Term to the Agreement is
changed.
E. Inconsideration of the mutual covenants contained in this Amendment, the Parties agree to amend
the Agreement as follows:
1. Exhibit B to this Amendment shall supplement Exhibit B to the Agreement to include an
additional non-exclusive easement for utilities. Exhibit C to this Amendment shall supplement
Exhibit C to the Agreement.
2. The last of three (3) Renewal Terms is scheduled to expire on December 31, 2023. Paragraph 3.1
Term to Agreement shall include a fourth (0) Renewal Tenn of 5 years from January 1, 2024
through and including December 31, 2028, which fourth (4m) Renewal Tenn is hereby exercised
by County.
3. County may install one (1) conduit and fiber communication line therein via minimally invasive,
trenchless directional boring methods (the "Fiber installation") in that certain area depicted on
Exhibit C to this Amendment as "Proposed Variable Width Fiber Easement" (the "Fiber Easement
Area"), subject to the following conditions and obligations:
A. Notwithstanding anything in this Amendment to the contrary, in no event does the
Fiber Easement Area include any paved portion of the Landlord's parcel. Fiber
Installation shall be limited to the portion of the Fiber Easement Area that is outside of
the continuous concrete curbing that defines the parking area on Landlord's parcel (the
"Curb"):
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B. County acknowledges and agrees that a block retaining wall ("Retaining Wall") is
located within a portion of the Fiber Easement Area. The Fiber Installation shall be
completed either: (i) in front of the Retaining Wall (i.e., between the Curb and the base
of the Retaining Wall); or (ii) behind the Retaining Wall provided that the Fiber
Installation in and around the Retaining Wall shall be at a depth that is below the base
elevation of the Retaining Wall.
C. Prior to commencing the Fiber Installation, County shall complete the 811 utility
locate process pursuant to applicable laws and requirements;
D, Any ground that is disturbed by County must be repaired and covered with sod and
any removed or damaged trees, plants or shrubs must be replaced in the same location
with a new tree, plant, or shrub (as applicable) that is the same species and size (for
trees - diameter at breast height); and
E. Once the Fiber Installation is commenced, County shall complete the same within two
(2) weeks.
County may operate and maintain the conduit and fiber communication lines installed in the Fiber
Easement Area subject to the terms of the Agreement and the obligations set forth in subsections
A through D above.
4. Paragraph 9.1 Maintenance of Tower and Site shall be amended to include County's obligation to
trim, mow and control weeds on the Land, including, without limitation, that portion of the Site
that are enclosed by a fence.
5. Any and all other terms and conditions set forth in the Agreement shall remain in full force and
effect and shall not be modified, diminished, or otherwise changed or altered by this Amendment
except as otherwise expressly provided for in this Amendment.
6. This Amendment may be executed in multiple counterparts, each of which shall be deemed an
original, but all of which shall constitute one Amendment binding on all parties..PDF, scanned,
and electronically transmitted signatures may be used in place of original signatures on this
Amendment.
[SIGNATURES ON FOLLOWING PAGES]
[REMAINDER OF PAGE INTENTIONALLY LEFT BLAND]
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executes this Amendment 2 Lease Agreement on behalf of the Landlord and
hereby accepts and binds the Landlord to the terms and conditions hereof on this day of
2021.
HD Development of Maryland, Inc.,
a Maryland Corporation
By:
Printed Name:
its:
Date:
Signed and sworn to before me in the County of Cobb, State of Georgia the day of
.2021.
Notary Public, State of Georgia, Cobb County,
My Commission Expires:
Acting in the County of Cobb
[signatures continue on following page]
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David T. Woodward executes this Amendment on behalf ofthe County and hereby accepts and binds
the County to the terms and conditions hereof on this day of 200
David T. Woodward, Chairperson
Oakland County Board of Commissioners
Date:
Signed and sworn to before me in the County of
Michigan, on the day of 200
Notary Public, State of Michigan, Oakland County,
My Commission Expires:
Acting in the County of Oakland
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EXHIBIT B
ADDITIONAL UTILITY EASEMENT
225 WEST AVON RD., ROCHESTER HILLS, MI 48307
70-15 22-226-007
HD DEVELOPMENT OF MARYLAND, INC.
LEGAL DESCRIPTION OF A PROPOSED VARIABLE WIDTH EASEMENT LOCATED
IN THE NORTHEAST 1/4 OF SECTION 22, TOWN 3 NORTH,
RANGE 11 EAST, CITY OF ROCHESTER HILLS, OA KLAND COUNTY, MICHIGAN
Commencing at the Northeast corner of Section 22, Town 3 North, Range 11 East, City of
Rochester Hills, Oakland County, Michigan; thence along the North line of said Section 22 and
the centerline of Avon Road (120 feet wide), N 89'05'58" W 1045.11 feet; thence S 00'54'02"
W 60.00 feet to the south right-of-way line of said Avon Road and the POINT OF
BEGINNING;
thence S 00'59'59" W 19.71 feet;
thence S 12'53'59" W 31.50 feet;
thence S 07'07'37" W 19.61 feet;
thence S 01'21' 16" W 208.74 feet;
thence S 05'51'22" W 31.40 feet;
thence S 01'21'l6" W 261.09 feet;
thence N 88'52'24" W 10.77 feet;
thence N 01'06'38" E 571.07 feet:
thence S 89'05'58" E 23.82 feet to the POINT OF BEGINNING. Being apart of
the Southwest 1/4 of Section 36, Town 4 North, Range 10 East, City of
Rochester Hills, Oakland County, Michigan, and containing 0.18 acres
(7,91 L I sq. ft.) of land, more or less. Subject to easements and
restrictions of record, if any.
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EXHBIT C
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