HomeMy WebLinkAboutResolutions - 2008.11.20 - 9568MISCELLANEOUS RESOLUTION # 08259 November 20, 2008
BY: Planning and Building Committee, Sue Ann Douglas, Chairperson
IN RE DEPARTMENTS OF FACILITIES MANAGEMENT AND EMERGENCY RESPONSE AND
PREPAREDNESS - APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT FOR EMERGENCY
RESPONSE AND PREPAREDNESS STORAGE FACILITY, 5764 TEREX AVE., CLARKSTON,
MICHIGAN
To the Oakland County Board of Commtssioners
Chairperson, Ladies and Gentlemen:
WHEREAS. the Oakland County Emergency Response and Preparedness Department is in
Possession of various pieces of specialized search and rescue equipment and vehicles; and
WHEREAS, at the present time no adequate County owned facility exists on or off the Oakland
County Service Center, which would accommodate storage and provide for routine maintenance of said
equipment: and
WHEREAS, the County Administration has negotiated the terms of the attached month to month
lease agreement at a rental rate of $2,520.00 per month for use cf an industrial building located at 5764
Terex Ave., Clarkston, MI with Mr. David Brower, landlord; and
WHEREAS, the rent for the leased premises will be paid for from monies from the FY06 Urban
Area Security Initiative Grant, and;
WHEREAS. it is the recommendation of that the Oakland County Board of Commissioners accept
and approve the terms and conditions of the attached Lease Agreement, and.
WHEREAS, the County Administration and Facilities Management have reviewed and/or
prepared all necessary documents related to the attached lease agreement, and;
WHEREAS, the Departments of Corporation Counsel and Risk Management have reviewed and
signed off on the Lease Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Lease Agreement for use of 5764 Terex Ave., Clarkston, Michigan
between the County of Oakland and David Blower.
BE IT FURTHER RESOLVED that this resolution was directly referred to the Finance Committee
from the Planning and Building Committee pursuant to Board Rule IX.E.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs
it's Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and David Blower, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLONING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Gingell, Gershenson and Woodward absent.
LEASE
This Lease is made and entered into on the 1st day of December, 2008, by David Blower,
("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 rents from the
LANDLORD 3600 square feet of a warehouse building located in an industrial park at 5764
Terex Ave., Springfield Township, Michigan ("Premises").
2) Term and Commencement Date. The Term of this Lease shall begin on the Commencement
Date, which is December 1, 2008, and shall run on a month to month basis from that date.
The TENANT shall have possession of the Premises on the Commencement Date. Failure of
the LANDLORD to provide TENANT with possession on that date shall be deemed a
Default under the terms of this Lease.
3) Termination. The TENANT shall have the right to cancel this Lease upon thirty (30) days
written notice to the LANDLORD with no penalty.
4) Rent. From the date this Lease commences until the Lease is terminated, the TENANT
agrees to pay the LANDLORD $2,520.00 per month. This sum includes all structural
maintenance, site maintenance, snow removal, lawn maintenance, trash removal, taxes, and
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 Payment. Payments due under this Lease from the TENANT to the
LANDLORD shall he paid at the address of the LANDLORD set forth above, or at such
other place as LANDLORD may designate in writing. The Rent due under Paragraph 4 of
this Lease shall be paid on a monthly basis. The monthly rental payment shall be paid on the
first calendar day of each month or another date agreed to by both Parties. The Rent shall be
paid without any deduction or set off.
7) Use and Occupancy. 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 other
equipment. Some maintenance of these 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.
8) Maintenance and Repairs. The LANDLORD shall maintain and keep the Premises in good
repair, including, but not limited to, common areas, the roof, ceilings, walls, floors,
foundations, electrical systems, plumbing, sidewalks, parking areas, exterior glass, heating
and cooling systems, and the replacement of light bulbs. The LANDLORD agrees that all
repairs will be made without delay.
9) Utilities and Services.
a) Utilities. The LANDLORD shall be solely responsible for all utilities necessary to
maintain the exterior, including parking lots and common areas, in a safe and secure
manner.
b) Services. 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.
10) Compliance 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
11) Insurance: The TENANT is self-insured. The LANDLORD agrees to, at its own expense, to
maintain insurance according to the minimum specifications during the entire term of this
lease.
a) Commercial General Liability with the following as minimum requirements:
$3,000,000 — General Aggregate Limit other than Products/Completed Operations
$3,000,000 — Products/Completed Operations Aggregate Limit
$3,000,000 — Personal & Advertising Injury Limit
$3,000,000 — Each Occurrence Limit
$ 500,000 - Fire Damage (Any One Fire)
$ 10,000 — Medical Payments — Any One Person
The insurance policy shall contain the following coverage(s);
•. Occurrence Form
• Broad Form Property Damage
• Products & Completed Operations
• Premises/Operations
• Independent Contractors
• (Blanket) Broad Form Contractual — Specifically Naming this Contract
• Personal injury - Delete Contractual Exclusion
• Per Location General Aggregate Limit
• Written Waiver of Subrogation naming the TENANT
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(1)
(2)
The total limits of genera! liability coverage required herein may be satisfied with a
combination of a Primary General Liability (and) Umbrella/Excess policy having not less
than S3,000,000 in per occurrence limits, specifically listing the Primary General Liability
Policy as underlying insurance.
b) LANDLORD Owned Premises, Personal Property and TENANT Alterations and
Improvements and Betterments: LANDLORD shall be responsible for, at its own
expense, to maintain insurance providing special form fire and extended coverage
insurance on all real property including leased premises, owned personal property, and
any TENANT Alterations or Improvements made to the leased premises in which
ownership has transferred to the LANDLORD per lease agreement. The LANDLORD
agrees to waive all rights, including any insurance company subrogation rights, against
the TENANT (his agents and/or employees) for any damage or loss of such property.
c) Waiver of Subrogation. With regard to the leased premises, owned personal property
and/or equipment of the LANDLORD, the LANDLORD agrees that the TENANT (his
agents and/or employees) shall not be liable to the LANDLORD 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 With regard to personal property and/or equipment owned by the TENANT, the
TENANT agrees that 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.
12. General Insurance Provisions:
All certificates of insurance and policies of the LANDLORD shall be endorsed to contain
the
following provisions and/or clauses:
All policies of insurance shall be on a primary, non-contributory basis with any
other insurance and/or self-insurance carried by the Tenant.
The insurance company(s) issuing the policy or policies shall have no recourse
against the Tenant for payment of any premiums or for assessments under any
form of policy.
(3) Any and all deductibles in the above-described insurance policies shall be
assumed by, and be for the amount of and at sole risk of, the LANDLORD.
(4) Commercial General Liability insurance policy shall be endorsed to name the
TENANT (agents and employees) as additional insured and shall specifically
include the liability assumed hereunder by LANDLORD.
(5) All certificates are to provide thirty (30) days written notice of material change,
non-renewal or cancellation. Certificates of insurance must be provided no less
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than ten (10) working days before occupancy or use of the leased premises.
(6) All certificates of insurance shall bear evidence of all required endorsements and
clauses
13. 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.
14. 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
alterations or improvements 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 agreed to in writing by the Parties.
15. Care of Premises. The TENANT shall keep the Premises in good repair, wear and tear
from reasonable use and damage from the elements excepted.
16. Security. The LANDLORD agrees to provide lighting for the interior and exterior of the
Premises, including parking areas directly adjacent to the Premises, in an adequate
manner consistent with other similar office buildings in the metropolitan Detroit area.
The LANDLORD will provide keys for the TENANT'S employees, agents, or
independent contractors to enter the Premises, LANDLORD shall install an electronic
security system on the Premises that is monitored by a third party. LANDLORD shall pay
the cost of installing, operating, and maintaining the security system.
17, Access. 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.
18. Signs. The TENANT may attach, install or erect signs on the interior walls of the
Premises as necessary for the TENANTS business at the Premises. The 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 the LANDLORD and the Township of
Springfield as to the form, content, material, lighting and structure thereof
19. Assignment. 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.
20, Parking. The LANDLORD agrees to provide sufficient parking to satisfy the
requirements of the TENANT,
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21. Quiet Enjoyment. 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.
22. Modifications. This Lease may be modified or amended only by written agreement of the
LANDLORD and the TENANT.
23. 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
arid/or benefit allowed by law or in equity to either party,
24. 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, insure, and maintain the common areas.
25. Security Deposit. LANDLORD acknowledges that no security deposit is being required
of TENANT.
26. Governing Law. This Lease shall be interpreted under and governed by the laws of the
State of Michigan.
27, 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.
28. 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,
29. 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.
30. 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.
31. Notice. Any notice or other communication required or desired to be given shall be
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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, 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 two (2) days
after the same is deposited in a regularly maintained receptacle for the deposit of 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.
32. 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.
33. Default. If the either party defaults in any of its obligations under this Lease, either party
shall have all remedies available to it under the law,
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year above
written.
WITNESSES: DAVID BLOWER (LANDLORD)
By:
COUNTY OF OAKLAND (TENANT)
By:
Michael D. Hughson Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
STATE OF MICHIGAN )
) S S.
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before rue in Oakland County, Michigan this
day of , 2008, by David Blower, Landlord.
Notary Public, Oakland County, Michigan
Acting in Oakland County
My Commission Expires:
7
STATE OF MICHIGAN )
)SS.
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me in Oakland County, Michigan this
day of , 2008, by Bill Bullard, Jr., Chairperson of the Board of Commissioners
of the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, on behalf of the
Corporation.
Michael D. Hughson
Notary Public, Oakland County, Michigan
Acting in Oakland County
My Commission Expires: 515/2014
5764 Terex
Clarkston, Mi 48346
10/21/2008
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South Elevation
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Restrooms and heating units
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FISCAL NOTE (mISC. #08259) November 20, 2008
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT AND EMERGENCY RESPONSE AND
PREPAREDNESS - APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT FOR EMERGENCY
RESPONSE AND PREPAREDNESS STORAGE FACILITY 5764 TEREX AVE., CLARKSTON,
MICHIGAN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee, has
reviewed the above referenced resolution, and finds:
1. The resolUtion approves and authorizes a Lease Agreement between
the County of Oakland and David Blower, (Landlord) for the lease
of approximately 3600 square feet of a warehouse building located
in an industrial park at 5764 Terex Ave., Springfield Township,
Michigan.
2. Currently no adequate County owned facility exists on or off
campus which would accommodate storage and provide routine
maintenance of specialized search and rescue equipment and
vehicles.
3. The lease agreement begins on December 1, 2008, and shall run On a
month to month basis from that date. The cost of the lease is
82,520 per month. This sum is inclusive of all building and site
maintenance, 5floW removal, lawn maintenance, trash removal, tanes,
and utilities.
4. Funding for the leased premises will be paid from monies from the
FY06 Urban Area Security Initiative Grant (UASI) Grant.
5. No budget amendment is recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanmously on a roll call vote with Kowall,
Crawford, Potter and Rogers absent.
November 20, 2008 Resolution #08259
Moved by Potter supported by Nash the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted (with accompanying reports being accepted).
AYES: Burns, Clark. Coleman, Coulter, Crawford, Douglas, Gershenson, Gingel!, Gosselin,
Gregory, Greimel, Hatchett, Jacobsen, Kowall, Long, Middleton, Nash, Potter, Potts, Scott,
Spector, Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted ;n favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE FOREGOING RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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
November 20, 2008, 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 County of Oakland at
Pontiac, Michigan this 20th day of November, 2008.
gat
Ruth Johnson, County Clerk