HomeMy WebLinkAboutResolutions - 2023.07.20 - 40340
AGENDA ITEM: Approval of Office Space Lease For Oakland County Medical Control Authority
DEPARTMENT: Facilities Management
MEETING: Board of Commissioners
DATE: Thursday, July 20, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3131 _ 23-117
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Lease Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
Oakland County Medical Control Authority (OCMCA) serves as the authority for the Emergency
Medical Services System for Oakland County. OCMCA has been allowed to use County campus
office space since 1995 under a $1.00 lease agreement for space in Building 36 East. The lease
has expired and OCMCA would like to stay at the same location on campus. A new lease of 5
years has been agreed to with the inclusion of a 90 day termination clause in case another county
department wants to use the space.
Under Public Act 368 of 1978 the OCMCA serves as the medical control authority for the Oakland
County Emergency Medical Services System. OCMCA organizes and participates in efforts to
maintain and enhance a quality emergency medical services system in Oakland County and
develop and update protocols for the provision of emergency medical services in Oakland County.
POLICY ANALYSIS
Facilities Management is requesting approval of a lease renewal with the Oakland County Medical
Control Authority (OCMCA) for space in Building 36 E. The lease is for portions of the Pontiac
Health Center (on campus) for rooms 19, 20, and 20A in the basement and rooms 200, 201, 202,
203, 204, 205, 206, and 207 on the first floor. The lease has been in place since 1995 under a $1
lease agreement. The new lease will be for 5 years with a termination clause that requires the
County a 90-day termination clause for any reason and a 30-day termination notice for the tenant.
The County will provide building maintenance, custodial, grounds, trash removal, snow and ice
removal from sidewalks and parking lot, and utilities services.
Under Public Act 368 of 1978 the OCMCA serves as the medical control authority for the Oakland
County Emergency Medical Services System. OCMCA organizes and participates in efforts to
maintain and enhance a quality emergency medical services system in Oakland County and
develop and update protocols for the provision of emergency medical services in the County.
Corporation Counsel and Facilities Management have reviewed and approved the lease. On
approval of the BOC, the Chair is authorized to execute the lease and all related documents. A
budget amendment is not required.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Paul Zachos, Property Management Specialist
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 7/20/2023
David Woodward, Board of Commissioners Approved - 7/20/2023
Hilarie Chambers, Executive's Office Approved - 7/28/2023
Lisa Brown, Clerk/Register of Deeds Final Approval - 7/31/2023
AGENDA DEADLINE: 08/02/2023 8:35 PM
ATTACHMENTS
1. Medical Control Authority Lease Renewal (final version)
2. MCA Lease - Exhibit A-Diagram (final version)
3. MCA Lease - Exhibit B--Insurance Requirements- (final version)
COMMITTEE TRACKING
2023-07-12 Economic Development & Infrastructure - Recommend to Board
2023-07-20 Full Board - Adopt
Motioned by: Commissioner Robert Hoffman
Seconded by: Commissioner Angela Powell
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia
Gershenson, Janet Jackson, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray, William Miller III, Yolanda Smith Charles (3)
Passed
July 20, 2023
RESOLUTION #2023-3131 _ 23-117
Sponsored By: Yolanda Smith Charles
Facilities Management - Approval of Office Space Lease For Oakland County Medical Control
Authority
Chair and Members of the Board:
WHEREAS the Oakland County Medical Control Authority (OCMCA) has a current Lease with
Oakland County for Building 36 East, approved by MR #21290 that expired June 21, 2023, and
OCMCA desires to continue the Lease; and
WHEREAS under the terms and conditions of the attached Lease, the County will provide building
maintenance, custodial, grounds, trash removal, snow and ice removal from sidewalks and parking
lot, and utilities services; and
WHEREAS given OCMCA’s role in the delivery of emergency medical services in Oakland County,
OCMCA will pay $1.00 per year for the Lease; and
WHEREAS the Lease will be for 5 years and will have no renewals, and the County may terminate
with a 90-day notice for any reason; and
WHEREAS Oakland County Corporation Counsel and the Department of Facilities Management have
reviewed the attached Lease; and
WHEREAS the Department of Facilities Management recommend the Oakland County Board of
Commissioners approve and authorize the execution of the attached Lease.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves
the attached Lease and authorizes the Chair to execute the Lease and all other related documents
with the Oakland County Medical Control Authority.
BE IT FURTHER RESOLVED that a budget amendment is not required at this time.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith
Charles.
Date: July 20, 2023
David Woodward, Commissioner
Date: July 28, 2023
Hilarie Chambers, Deputy County Executive II
Date: July 31, 2023
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2023-07-12 Economic Development & Infrastructure - Recommend to Board
2023-07-20 Full Board - Adopt
Motioned by Commissioner Robert Hoffman seconded by Commissioner Angela Powell to adopt the
attached Lease: Approval of Office Space Lease For Oakland County Medical Control Authority .
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson,
Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia
Gershenson, Janet Jackson, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray, William Miller III, Yolanda Smith Charles (3)
Passed
ATTACHMENTS
1. Medical Control Authority Lease Renewal (final version)
2. MCA Lease - Exhibit A-Diagram (final version)
3. MCA Lease - Exhibit B--Insurance Requirements- (final version)
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
20, 2023, 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 Thursday, July 20, 2023.
Lisa Brown, Oakland County Clerk / Register of Deeds
OAKLAND COUNTY MEDICAL CONTROL AUTHORITY
LEASE OF PONTIAC HEALTH CENTER
This Lease is made and entered into on the June 22, 2023, by OAKLAND COUNTY
MEDICAL CONTROL AUTHORITY, 1200 North Telegraph, Pontiac, Michigan 48341,
("Tenant"), and the COUNTY OF OAKLAND, a Michigan Constitutional Corporation,
1200 North Telegraph Road, Pontiac, Michigan 48341 ("Landlord").
INTRODUCTION
A. Tenant has been located on Landlord property since November 1995.
B. Tenant serves as the medical control authority for the Oakland County Emergency
Medical Services System pursuant of Public Act 368 of 1978.
C. Tenant organizes and participates in efforts to maintain and enhance a quality
emergency medical services system in Oakland County and develops and updates
protocols for the provision of emergency medical services in Oakland County.
D. The existing lease terminated on June 21, 2023 and the Parties desire to enter into
a new lease for five years.
E. In consideration of the mutual covenants contained in this Lease, the Parties agree
to the following terms and conditions:
AGREEMENT
1.Leased Premises. Landlord leases to Tenant portions of the Pontiac Health Center, 1200
North Telegraph Road, Building 36 East, Pontiac, Michigan 48341, specifically rooms
19, 20, and 20A in the basement and rooms 200, 201, 202, 203, 204, 205, 206, and 207
on the first floor (“Premises). The Premises are further depicted in Exhibit A. Exhibit A
is incorporated by reference into this Agreement. Tenant shall have exclusive use of
Premises and access to the Common Areas. A portion of the Premises leased to Tenant
includes a training room, specifically room 20 in the basement. All equipment and the
projector in the training room were purchased by Tenant and shall remain the property of
Tenant after the expiration or termination of this Lease. The training room shall be open
to Landlord for use at any time Tenant is not using the training room. Prior to using the
training room, Landlord shall contact Tenant to determine whether Tenant will be using
the training room.
2.Term and Commencement Date. The Term of this Lease shall begin on June 22, 2023
(“Commencement Date”) and shall end on June 30, 2028 (“Term”). Tenant shall have
possession of the Premises on the Commencement Date.
3.Termination.
Lease – Final Version
2
3.1. Tenant may terminate this Lease, for any reason, upon thirty (30) days notice to
Landlord.
3.2. Landlord may terminate this Lease upon ninety (90) days notice to Tenant, for
any reason.
4.Condition Upon Surrender. Upon expiration or termination of this Lease, Tenant shall
surrender the Premises in the same condition as it was on the Commencement Date when
taken (reasonable wear and tear excepted) and in a clean condition (free of rubbish and
garbage). Tenant shall remove all its personal property from the Premises upon
expiration or termination of this Lease.
5.Rent. Tenant shall pay Landlord the sum of one dollar ($1.00) ("Rent") annually during
the term of this Lease. This sum includes all utilities, structural maintenance, site
maintenance, common area maintenance, snow removal, lawn maintenance, and trash
removal for the Premises.
6.Hold Over. In the event Tenant holds over after the expiration of the original Term of
this Lease without a written agreement between Landlord and Tenant, the hold over shall
be construed to be a tenancy from month-to-month on the same terms and conditions
contained in this Lease, for a period not to exceed six ninety (90) days.
7.Alterations or Improvements.
7.1. Tenant shall be responsible for all costs associated with maintaining the intercom
system that was installed (pursuant to the lease dated June 22, 2011 between
Landlord and Tenant) at the Premises for Tenant’s use. Upon termination or
expiration of this Lease, Landlord shall remove the intercom system and Tenant
shall be responsible for all costs associated with removing the intercom system.
Landlord shall invoice the Tenant for the costs of removing the intercom system
and Tenant shall promptly pay such invoice.
7.2. Tenant shall not make any alterations or improvements to or upon the Premises
without the prior written consent of Landlord’s Director of Facilities
Management. Any alterations or improvements made to or upon the Premises
shall be performed by Landlord.
7.3. Any remodeling, renovation, improvements, or other modifications to the
Premises requested by Tenant will be at Tenant’s sole expense, unless otherwise
agreed by the Parties in writing.
7.4. Any alterations or improvements made to or upon the Premises shall become an
integral part of the Premises and shall become the sole property of Landlord
immediately upon completion unless Landlord notifies Tenant, prior to
construction, that the alterations or improvements shall be removed by Tenant at
the conclusion or termination of the Lease at Tenant's sole expense.
Lease – Final Version
3
8.Use and Occupancy. During the term of this lease the Premises shall be used for general
office use, training and other obligations and duties Tenant must perform pursuant to
State law and for no other purposes.
9.Equipment 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 all furniture and equipment used on the Premises.
10.Maintenance and Repairs. Landlord shall maintain and keep the Premises in good
repair, including, but not limited to, the roof, ceilings, walls, floors, foundations,
electrical and plumbing systems, sidewalks, common areas, 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 Tenant's actions or
the actions of its employees, agents, customers, licensees, or invitees, then Landlord will
make sure repairs and Tenant shall be responsible for all costs associated with such
repairs.
11.Utilities and Services.
11.1. Tenant agrees to pay all costs associated with maintaining and operating its
computer system (including access to the Internet) and any other system Tenant
installs in the Premises, except that Tenant may use Landlord’s cable and/or fiber
to connect to the Internet.
11.2. Tenant may use Landlord’s telephone system. Tenant shall pay Landlord for use
of the telephone system. Landlord shall send an invoice to Tenant on a monthly
basis for use of the telephone system. Tenant shall pay this invoice within thirty
(30) days.
11.3. Landlord agrees to provide, at its own expense, trash removal, snow and ice
removal from sidewalks, steps and parking areas, complete parking lot and
building maintenance, custodial services for common areas and lawn care
services. Landlord shall keep the common areas in a safe and secure manner.
11.4. The term "Common Areas" shall include lunchroom area, 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
11.5. Except as otherwise provided in this Lease, Landlord shall be solely responsible
for and promptly pay all utilities for the Premises.
12.Care of Premises. Tenant shall keep the Premises in good repair, wear and tear from
reasonable use and damage from the elements excepted.
Lease – Final Version
4
13.Security. Landlord agrees to provide lighting for the interior and exterior of the
Premises including common areas and parking areas directly adjacent to the Premises, in
an adequate manner. Landlord will provide identification cards for Tenant's employees,
agents, or independent contractors to enter the Premises. Tenant’s employees, agents, or
independent contractors may be subject to security or background checks, at Landlord’s
sole discretion.
14.Signs. With the prior written approval of Landlord’s Director of Facilities Management
or his or her successor, Tenant may request that Landlord attach, install, or erect signs on
the interior and exterior walls of the Premises as necessary for Tenant's business at the
Premises.
15.Parking. Landlord shall provide Tenant with parking spaces for Tenant's use.
16.Assignment and Subletting. 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’s
Director of Facilities Management or his or her successor.
17.Access. Landlord shall have twenty-four (24) hour access to the Premises for the purpose
of inspecting, repairing, and maintaining the Premises.
18.Security Deposit. No security deposit is being required of Tenant.
19.Insurance. Tenant shall obtain and maintain insurance according to the specifications
set forth in Exhibit B during the term of this Lease. Exhibit B is incorporated by
reference into this Agreement.
20.Indemnification.
20.1. Tenant shall indemnify and hold harmless Landlord from any and all Claims
against Landlord arising out of Tenant’s (or its employees’, officers, invitees’,
agents’, or subcontractors’) use of the Premises or failure to comply with this
Lease.
20.2. For purposes of this Lease “Claims” means all losses, complaints, demands for
relief, damages, lawsuits, causes of action, proceedings, judgments, deficiencies,
penalties, costs, and expenses arising under or relating to this Lease, including,
but not limited to, reimbursement for reasonable attorney fees, witness fees, court
costs, investigations, litigation expenses, amounts paid in settlement, and/or any
other amount for which Landlord becomes legally and/or contractually obligated
to pay a third party, whether direct, indirect, or consequential, whether based upon
any alleged violation of the constitution (federal or state), any statute, rule,
regulation, or the common law, whether in law or equity, tort, contract, or
otherwise, and/or whether commenced or threatened.
20.3. Section 20 and the duties and obligations contained herein shall survive the
expiration or termination of this Lease.
Lease – Final Version
5
21.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 Landlord.
22.Compliance with Laws. 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 Landlord fails to comply with such laws and
regulations, Tenant may give Landlord written notice of its intent to terminate the Lease
sixty (60) days after Landlord's receipt of the written notice. If Landlord complies with
the laws and regulations within the sixty (60) day period, then Tenant's notice shall be
deemed withdrawn.
23.Destruction of Premises.
23.1. In the event, the Premises are partially or entirely damaged or destroyed as a
result of Tenant’s actions or the actions of its employees, agents, customers,
licensees, or invitees. Landlord shall repair the damage or destruction; however,
Tenant shall be responsible for all costs associated with repairing damage or
destruction of the Premises, unless such damage or destruction is covered and
paid for by Landlord’s insurance, in which case Tenant shall reimburse Landlord
for any deductible it must pay in connection with the damage or destruction.
23.2. In the event that more than thirty-five (35%) percent of the Premises are damaged
or destroyed by fire or other casualty, Landlord may elect to either repair or
rebuild the Premises, or to terminate this Lease by giving written notice to 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. In no event shall Landlord be required to repair or replace any property
of Tenant.
23.3. In the event, the Premises are partially damaged or destroyed by fire or other
casualty and such event is not addressed by Sections 23.1 or 23.2, Landlord shall
use its best effort to promptly repair or rebuild the Premises. In the event the
Premises cannot be repaired or rebuilt within one hundred eighty (180) days after
such destruction, 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.
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, but more than
thirty-five percent (35%) of the Premises are taken by any public authority under the
power of eminent domain, then either Party may terminate this Lease upon thirty (30)
days written notice to the other Party. In the event neither Party elects to terminate this
Lease, the Lease shall terminate on the date the public authority takes possession of the
Premises. Neither Party shall have any future liability or obligation under the Lease if it
is terminated under this Paragraph.
Lease – Final Version
6
25.Quiet Enjoyment. Upon performance of its obligations under this Lease, Tenant shall
peacefully and quietly hold and enjoy the Premises for the Term of this Lease without
hindrance or interruption by Landlord, its agents or employees, subject to the terms of
this Lease.
26.Modifications. This Lease may be modified or amended only by written agreement of
Landlord and Tenant.
27.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 or
benefit allowed by law or in equity to either Party.
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.Governing Law. This Lease shall be interpreted under and governed by the laws of the
State of Michigan.
30.Severability. If a term, condition, or provision of this Lease is found, by a court of
competent jurisdiction, to be invalid, unenforceable, or to 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.
31.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 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.
32.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.
33.Notice. All notices, requests, demands, and other communications required by this Lease
shall be in writing and shall be deemed given if personally delivered or mailed, certified mail,
return receipt requested, to the following addresses:
To Landlord: Oakland County Board of Commissioners
1200 North Telegraph
Pontiac, MI 48341
and
Property Management Specialist
Oakland County Department of Facilities Management
1 Public Work Drive
Waterford, MI 48328
Lease – Final Version
7
To Tenant: Bonnie Kincaid, Ph.D.
Oakland County Medical Control Authority,
Executive Director
Pontiac Health Center
1200 North Telegraph Road
Pontiac, MI 48341
34.Default. If Tenant defaults in any of its obligations under this Lease, Landlord shall have
all remedies available to it under the law.
35.Execution in Counterparts. This Lease may be executed in several counterparts, each
of which shall be an original and all of which shall constitute but one and the same
instrument.
36.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.
Lease – Final Version
8
Oakland County Medical Control Authority
Tenant
______________________________ By: ____________________________________
Witness Bonnie Kincaid, Ph.D.
Oakland County Medical Control Authority\
Executive Director
Signed and sworn to before me in Oakland County, Michigan, on ______ day of _________, 2023.
__________________________________
Notary Public, State of Michigan,
Oakland County
My Commission expires: ________________
Acting in the County of Oakland
Landlord, County of Oakland
______________________________ By: ____________________________________
Witness David T. Woodward, Chairperson
Oakland County Board of Commissioners
Signed and sworn to before me in Oakland County, Michigan, on ______ day of _________, 2023.
__________________________________
Notary Public, State of Michigan,
Oakland County
My Commission expires: ________________
Acting in the County of Oakland
FIRST FLOOR PLANSCALE: NO SCALEWORK ORDER ORSHEET TITLE
PROJECT TITLESHEET NUMBEROF2DRAWING FILEAPPROVEDCHECKEDDRAWNJBFIRST FLOOR PLAN
DATEDATEDATE028 - PONTIAC HEALTH CENTER PROJECT NUMBEROPERATION NUMBERCOST CENTER/AS-BUILTREVISION CONSTRUCTIONPRELIMINARYISSUED FORBIDDINGDATEDATENORTHLOGIN NAME: warnerjDRAWING LOCATION: J:\FacMgmt\FacEng\BASEPLANACD\Baseplan - Update\028 Pontiac Health Center\028 - 1.DWG Jul 14, 2011 - 2:40pm
028 - 1.DWGX-REF FILE NAMES AND LOCATIONS: 7/14/11028 - PONTIAC HEALTH CENTER028214LEGEND FOR BUILDING COMMON AREASMEAWAETCUMWMECHANICAL EQUIPMENTELECTRICAL EQUIPMENTCUSTODIAL EQUIPMENTTELEPHONE EQUIPMENTMENS RESTROOMUNISEX RESTROOMWOMENS RESTROOMAIR SHAFTAREA WAY215213212211208209210205204207206203200202201139A-5-UA-1-UA-7-UA-9-UA-8-UC-1-U132131152143144151124123122A122BA-10-UA-11-U127126C-6-U121119125A-12-U118120102101105104BC-8-U104A104104CA-13-U108C-9-U110109111112114113115116C-5-U117C-10-U141142C-4-UC-3-U149150148147146C-12-UA-9B-UC-13-UOUTSIDEOUTSIDEA-4-U142AC-15-UC-14-U153EXHIBIT A
BASEMENT FLOOR PLANSCALE: 1/8" = 1'-0"WORK ORDER ORSHEET TITLE
PROJECT TITLESHEET NUMBEROF2DRAWING FILEAPPROVEDCHECKEDDRAWNJBBASEMENT FLOOR PLAN
DATEDATEDATE028 - PONTIAC HEALTH CENTER PROJECT NUMBEROPERATION NUMBERCOST CENTER/AS-BUILTREVISION CONSTRUCTIONPRELIMINARYISSUED FORBIDDINGDATEDATENORTHLOGIN NAME: warnerjDRAWING LOCATION: J:\FacMgmt\FacEng\BASEPLANACD\Baseplan - Update\028 Pontiac Health Center\028 - b.DWG Jul 14, 2011 - 2:46pm
028 - b.DWGX-REF FILE NAMES AND LOCATIONS: 7/14/11028 - PONTIAC HEALTH CENTER028161813121110782017TELEPHONE EQUIPMENTCUSTODIAL EQUIPMENTELECTRICAL EQUIPMENTMECHANICAL EQUIPMENTSPACE ALLOCATION FOR BLDG EQUIPMENTTAREA WAYAWCEAIR SHAFTWOMENS RESTROOMUNISEX RESTROOMMENS RESTROOMMAMEWU19612A-2-LC-2-LC-3-LC-4-LC-5-LC-6-LA-1-L11B20AEXHIBIT A
EXHIBIT B
INSURANCE REQUIREMENTS
1. Insurance Coverages. Tenant, at its own expense, shall procure and maintain during the life of the
Lease, including any renewals or extensions thereof, all insurance as set forth below, protecting Landlord
against all Claims, as defined in this Lease, which may arise out of the occupancy or use of the Premises.
a. Commercial General Liability – Occurrence Form including: a) Premises and Operations; b) Products
and Completed Operations; c) Personal and Advertising Injury; d) Broad Form Property Damage; e)
Independent Contractors; e) Broad Form Contractual Liability, including coverage for obligations assumed
in this lease, with minimum limits of no less than:
• General Aggregate $2,000,000
• Products – Completed Operations Aggregate $1,000,000
• Personal and Advertising Injury $1,000,000
• Each Occurrence $1,000,000
b. Commercial Automobile Liability covering bodily injury and property damage arising out of the use of
any hired or non-owned automobile:
• Combined Single Limit (CSL) Each Accident $1,000,000
c. Worker’s Compensation and Employer’s Liability as required by any applicable Federal or State Law:
• Worker’s Compensation Statutory
• Employer’s Liability
Each Accident $100,000
Disease – Each Employee $100,000
Disease – Policy Limit $500,000
2. General Insurance Terms, Conditions and Provisions. The aforementioned insurance shall be
endorsed, as applicable, and shall contain the following terms, conditions and or/endorsements. All
certificates of insurance shall provide evidence of and compliance with all required terms, conditions,
and/or endorsements.
a. All policies of insurance shall be on a primary, non-contributory basis with any other insurance and/or
self-insurance carried by Landlord;
b. The insurance company(s) issuing the policy(s) shall have no recourse against Landlord for
subrogation, premiums, deductibles, or assessments under any form of policy ;
c. Any and all deductibles or self-insured retentions shall be assumed by and be at the sole risk of
Tenant;
d. All insurance policies shall be endorsed to provide a written waiver of subrogation in favor of
Landlord;
d. All insurance policies, with the exception of Worker’s Compensation, shall be endorsed to name
Landlord as Additional Insured;
e. Tenant shall maintain, at their sole cost and expense, special form property insurance covering all
personal property owned by Tenant. Tenant agrees to hold harmless and waive, and cause their
insurance carrier to waive, all rights against Landlord for any and all loss or damage to personal
property owned by the Tenant;
f. Certificates of insurance must be provided no less than ten (10) working days before occupancy or use
of the Premises;
g. All insurance carriers shall be licensed and approved to do business in the State of Michigan and shall
have and maintain a minimum A.M. Best’s rating of A:VII.