HomeMy WebLinkAboutResolutions - 2008.10.02 - 9602PLANNING AND BUILDING COMMITTE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #08199 Seotembe - 18, 2008
MISCELLANEOUS RESOLUTION #08199 September 18, 2008
BY: Planning and Building Comm5i-tee Sue Ann Douglas Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF LEASE
AMENDMENT I WITH 2300 DIXIE HIGHWAY, LLC FOR USE OF PROPERTY AT 2300 DIXIE
HIGHWAY, WATERFORD, MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Department of Community Corrections is presently housed in leased
office space at 2330 Dixie Hwy., Waterord, Michigan; and
WHEREAS, at the present time no adequate County owned facility exists, which would
accommodate the office space recuirements or daily functions of the Community Corrections
Department; and •
WHEREAS, the Department of Facilities Management am 2300 -Dixie Highway, LLC
have negotiated the terms and conditions of the attached Lease Amendment 1 Agreement,
which will allow the Department of Community Corrections to continuelo occupy the existing
office space located at 2300 Dixie Hignway for an additional two-year term with the option to
extend the 'lease for up to three additional one year terms; and
WHEREAS, the term of the new lease shall commence on October 19, 2008, and expire
on October 18, 2010. Rent for said term shall be at a rate of -$17.90 per square foot or
$14,545.24 monthly or 5174,542.90 annually; and
WHEREAS, it is the recommendation of the Department of the Facilities Management
that the Oakland County Board of Commissioners accepts and approves the terms and
conditions of the attached Lease Amendment 1 Agreement: and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have
reviewed and/or prepared all necessary documents related to the attached lease amenament
agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves and authorizes the attached Lease Amendment 1 Agreement for use of office
facilities at 2300 Dixie Highway, Waterford. Michigan between the County of Oakland and 2300
Dixie Highway, LLC.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners
hereby directs its Chairperson or his designee to execute the attached Lease Amendment 1
Agreement and all other related documents between the County of Oakland and 2300 Dixie
Highway, LLC, which may be required.
Chairperson, on behalf of tne Planning and Building Committee. I move the adoption of the
foregoing resoiution.
Tne Chairoerso-i referred tne resoiutici Committe:i There were no obiectiom.
Oakland Couniy Department of Facilities Management
9/912008
Acceptance and Approval of Least Amendment
2300 Dixie Highway, LLC
For Department of Community Corrections
Pursuant to the rules and procedures of the Oakland County Board of Commissioners the Department of
Facilities Management has negotiated the terms of a lease amendment for the continued use of the
existing office space located at 2300 Dixie Highway, Waterford. The present three year lease will expire
on October 18, 2008.
Description of Facility
The premises consist of a 9,751-sf of general office space located at 2300 Dixie Hwy, Waterford
Township.
Terms and Conditions of Lease
Term of lease: Two-year original term with option to extend for up to three additional one-year terms.
Date of commencement: October 19, 2008.
Landlord responsibilities: All maintenance of building and grounds inclusive of janitorial service, trash
removal, snow and ice removal from sidewalks and parking lot.
Oakland County responsibilities: Payment of rent, suite electric service and provide and maintain
telephone and computer system.
The landlord has agreed to reduce the rent amount from $19.631sf to $17.90/sf for the original term of the
lease amendment. Proposed annual costs: $174,542 90 rent + $22,450 for utilities (estimated). The lease
also provides for a three percent annual rent increase for exercising the option to extend the lease.
Owner/Landlord
Property owner: 2300 Dixie Highway, LTC, PO Box 308, Royal Oak, MI 48068-0308.
Owners/Landlord: Derrick Hakim and Thomas Graham,
Recommendation
It is the recommendation of the Department of Facilities Management that the Oakland County Board of
Commissioners accept and approve the terms and conditions of the attached Lease Amendment 1 for the
premises located at 2300 Dixie Hwy. Waterford, Michigan, 48328 between the County of Oakland as
tenant and 2300 Dixie Highway, LLC as Landlord.
1.vldh8/28/08
LEASE—AMENDMENT #1
AMENDMENT 41 OF THE LEASE ("Amendment") is entered into by and between the
COUNTY OF OAKLAND, a Michigan Constitutional Corporation, 1200 North Telegraph,
Pontiac, Michigan 48341 ("Tenant") and DrX1E HIGHWAY LLC, a Michigan Limited Liability
Company, P.O. Box 308 Royal Oak, Michigan 48068-0308 ("Landlord") on the day of
, 2008. In this Amendment, either Tenant or Landlord may also be referred to
individually as a "Party" or jointly as the "Parties".
WHEREAS, the Parties acknowledge the existence of a current Lease between them entered into
on January 19, 2006 ("Lease").
WHEREAS, Section 25 of the Lease, anticipates written amendments.
WHEREAS, in consideration of the mutual agreements and undertakings contained in the Lease
as modified by this Amendment and for other good and valuable consideration, the receipt and
sufficiency of which are acknowledged, the Parties agree as follows:
1. The Tenant desires and intends to renew the Lease. The renewal term for the Lease shall
commence on October 19, 2008 and run through October 18, 2010 ("Renewal Term").
Upon one hundred-eighty (180) days written notice to Landlord, prior to the expiration of
the Renewal Term, Tenant, at its sole option, may renew the Lease for three (3)
additional one (I) year periods according to the same terms and conditions set forth in the
Lease and this Amendment. Each successive additional term will require the same, one
hundred-eighty (180) days written notice to Landlord, as described above.
2. The rent for the Renewal Term shall be seventeen dollars and ninety cents ($17.90) per
square foot. If Tenant exercises its option to renew the Lease, as set forth in this
Amendment, upon expiration of the Renewal Term, the rent shall increase by 3% over the
previous year'a rent for each successive additional term.
3. All other terms set forth in the Lease shall remain in full force and effect, except as
otherwise expressly provided for in this Amendment.
4. The Lease and Amendment represent the entire agreement and understanding between
the Parties,
4.
IN WITNESS WHEREOF, the Parties execute this Amendment as of the day and year above
written.
LANDLORD: DIXIE HIGHWAY LLC
By:
Its:
Date:
WITNESS:
By:
Date:
Signed and sworn to before me in Oakland County, Michigan,
on the day of , 200 .
Notary Public, State of Michigan, Oakland County
My Commission Expires:
Acting in the County of Oakland
TENANT: COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation
By:
Its:
Date:
WTINESS
By:
Date:
Si [ailed and sworn to before me in Oakland County, Michigan,
on the day of , 200
Notary Public, State of Michigan, Oakland County
My Commission Expires:
Acting in the County of Oakland
Resolution #08199 September 18, 2008
The Chairperson referred the resolution to the Finance Committee, There were no objections.
October 2, 2008
APPROVAL AND ACCEPTANCE OF
FOR USE OF PROPERTY AT 2300
FISCAL NOTE (MISC. #08199)
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT -
LEASE AMENDMENT I WITH 2300 DIXIE HIGHWAY, LLC
DIXIE HIGHWAY, WATERFORD, MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XIT-C of this Board, the Finance Committee has reviewed the
above referenced resolution and finds:
1. Community Corrections is presently housed in leased office space at
2300 Dixie Highway, Waterford, Michigan.
2. At the present time, no adequate County owned facility exists which
would accommodate the office space requirements or daily functions of
Community Corrections.
3. A new 2-year term with the option to extend the lease for up to three
additional one year terms have been negotiated that would commence on
October 19, 2008 and expire on October 16, 2010.
4. The rent is $17.90 per square foot or $14,545 monthly or $174,543
annually.
5. Sufficient funds have been budgeted for this agreement for Fiscal Year
2009 and Fiscal Year 201C. No budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Rogers absent.
Resolution #08199 October 2, 2008
Moved by Rogers supported by Gershenson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Coulter, Crawford, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward,
Zack. Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE FOREGONG RESOLUTION
ACTING PURSUANT TO 1973 PA 139
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 October
2, 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 2nd day of October, 2008.
eat
Ruth Johnson, County Clerk