HomeMy WebLinkAboutReports - 2023.12.07 - 40855
AGENDA ITEM: Approval and Acceptance of 1st Amendment to EasterSeals Morc Lease
DEPARTMENT: Facilities Management
MEETING: Board of Commissioners
DATE: Thursday, December 7, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3624
Motion to approve the FIRST AMENDMENT to Easterseals MORC, Inc. lease and authorizes the
Chair of the Board of Commissioners to execute the attached amendment; further, no budget
amendment required.
ITEM CATEGORY SPONSORED BY
Lease Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
The County has leased 1.57 acres of land at 1105 N Telegraph Road on County Campus to Easter
Seals Morc of Michigan for approximately sixty-five (65) years; the last lease approved in
Miscellaneous Resolution #11269. The existing 8200 square foot building on the County Campus,
occupied by Easter Seals Morc, was built by Easter Seals in 1956. Easter Seals Morc desires to
demolish the existing building and construct a new building approximately 16,000 square foot
building for a state-of-the-art Autism Center. Easter Seals Morc wants to do their own grounds
maintenance, so the lease is revised with an Amendment. The Amendment also guarantees access
for the County through a second existing driveway that is part of the land lease description. The
Departments of Facilities Management and Corporation Counsel have reviewed and approved the
attached land lease. The Department of Facilities Management recommends that the Board of
Commissioners approve the attached land lease.
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
Edward Joss, Director Facilities Management-APP
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 12/7/2023
AGENDA DEADLINE: 12/07/2023 6:00 PM
ATTACHMENTS
1. 1st Amendment to Easter Seals Lease with Exhibit (Final Version)
COMMITTEE TRACKING
2023-11-29 Economic Development & Infrastructure - Recommend to Board
2023-12-07 Full Board - Adopt
Motioned by: Commissioner Charles Cavell
Seconded by: Commissioner Ajay Raman
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, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay
Raman, Ann Erickson Gault (18)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
Page 1 of 3
1st Lease Amendment (Final Version)
FIRST AMENDMENT TO EASTERSEALS MORC LEASE
This First Lease Amendment (Amendment) is made by and between the COUNTY OF
OAKLAND, a Michigan Municipal and Constitutional Corporation, 1200 N. Telegraph Road,
Pontiac, Michigan 48341, (hereinafter “Landlord”) and the EASTERSEALS MORC, INC., a
Michigan Nonprofit-Corporation, 2399 E. Walton Blvd., Auburn Hills, Michigan, 48326
(hereinafter “Tenant”).
BACKGROUND
A. For approximately 65 years, through a series of lease agreements, the Landlord has
continuously leased the real property, owned by Landlord, to Tenant and Tenant’s
predecessor, Easter Seals Michigan, to locate its administrative office.
B. On July 6, 2023, the Parties entered into a new lease with a term of 40 years, which
would allow Tenant to demolish its existing building on the real property and to
construct a new building (“Lease”). The Lease is attached as Exhibit A and
incorporated herein.
C. At this time, the Parties desire to change certain terms and provisions of the Lease.
D. In consideration of the mutual covenants contained in this Amendment, the Parties agree
to the following terms and conditions:
1ST AMENDMENT
§1. Incorporation of Background Paragraphs. The provisions contained in the
Background Section of this Amendment are incorporated herein.
§2. Landlord Services, Maintence, and Utilities. Section 9 of the Lease shall be
entirely deleted and replaced with the following language: “Landlord shall provide
the following services to Tenant: (1) trash removal for the existing and new Building
and (2) maintenance for the existing Building’s HVAC system until the existing
Building is demolished. Landlord, at its cost, shall be responsible to maintain the
entrance to the Land marked “West Entrance” on Attachment A to the Lease.
Landlord shall provide utilities for the existing Building, including electricity, steam
heat, sanitary, and water, until it is demolished. Tenant shall provide and pay for
its own utilities (electricity, gas, water, and sanitary) during construction of the new
building and for the new building constructed on the Land; such utilities shall be
placed in the name of the Tenant. Landlord shall invoice Tenant on a quarterly
basis for the above-listed services and utilities and Tenant shall pay such invoice
within thirty (30) days of receipt.”
§3. Tenant Services and Maintenance. Section 11 of the Lease shall be entirely
deleted and replaced with the following language: “Tenant shall provide the
following services: (1) snow and ice removal, including salt or brine, for the
sidewalks and parking lot on the Land and (2) grounds maintenance including lawn
and turf care and tree and shrub care for the Land. Tenant shall keep the Building
Page 2 of 3
1st Lease Amendment (Final Version)
and/or Land in good repair, reasonable wear and tear excepted, and in a clean and
healthful condition, including maintenance and repair of the parking lot and
sidewalks on the Land. Because Tenant owns the Building, any repairs or
replacements to the Building shall be at Tenant’s sole cost and expense, with
materials and workmanship of the same character, kind, and quality as the
original.”
§4. All other terms and conditions of the Lease shall continue with full force and effect,
except as modified herein.
§5. This Amendment and the terms and conditions of the Lease, attached as Exhibit A,
constitute the entire agreement and understanding between Landlord and Tenant
and supersedes any and all other prior oral or written understandings,
communications, or agreements between Landlord and Tenant.
David T. Woodward acknowledges that he has been authorized by the County of
Oakland to execute this Amendment on its behalf.
LANDLORD: COUNTY OF OAKLAND
By:
____________________________________
David T. Woodward, Chairperson
Oakland County Board of Commissioners
Date:
____________________________________
Subscribed and sworn to before me on the _____ day of ____________, 20__.
____________________________________
Notary Public,
Oakland County, Michigan
My Commission Expires: ________________
Acting in the County Oakland
____________________________________ acknowledges that they have been
authorized by the EasterSeals MORC, Inc. to execute this Amendment on its behalf.
Page 3 of 3
1st Lease Amendment (Final Version)
TENANT: EASTERSEALS MORC, INC.
By:
_____________________________________
Date:__________________________________
____
Subscribed and sworn to before me on the _____ day of ____________, 20__.
____________________________________
Notary Public
Oakland County, Michigan
My Commission Expires: ________________
Acting in the County of Oakland
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