HomeMy WebLinkAboutResolutions - 2009.03.26 - 9818FISCAL REPORT (MR #09051) March 26, 2009
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION
COMMISSION — REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE OAKLAND
COUNTY 4-H FAIR ASSOCIATION FOR USE OF BUILDING E/ADMINISTRATION BUILDING,
SPRINGFIELD OAKS COUNTY PARK
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. Estimated annual utility costs are $15,000 for the specified buildings and grounds.
2. The SI Whereas paragraph be changed as follows: WHEREAS, under the terms and
conditions of the attached Lease Agreement, the Oakland County 4-H Fair Association
will occupy Building E located at 12451 Andersonville Road, Davisburg, Mi for a period of
one year. In recognition of the prior capital investment of the 4-H Association and the
Association's commitment to pay utilities of approximately $5570.00 $15,000 a year, which
ant will not be paid, but tenant
shall pay utilities for buildings and grounds located at 12461 Andersonville Road,
Davisburg Michigan 48350, including Building E, The Ellis Barn, the Oaks Barn, the
Miracle of Birth, the Septic System, the new Campground (2007), the Fairground Pit, and
the parking lights in the field. Utilities shall include electrical services, telephone and fax
service, intemet service gas (natural and propane) services and water services. The
lease will be automatically renewed for four additional one-year terms upon expiration of
the initial term. The lease may be terminated by either party for any reason,
3. The Finance Committee recommends that the lease which was revised March 11, 2009
be attached to the resolution. Corporation Counsel updated the lease to reflect the
Oakland Conservation District's decision to lease space elsewhere and therefore
removed section 7.4 from the lease.
at-S-1-0-a-646611=B-InG
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOLUTION #09051 March 5,2009
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION
COMMISSION- REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE
OAKLAND COUNTY 4-H FAIR ASSOCIATION FOR USE OF BUILDING
EIADMINISTRATION BUILDING, SPRINGFIELD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of Springfield Oaks County Park; and
WHEREAS, it is the recommendation of the Oakland County Parks and Recreation Commission
and the Department of Facilities Management that the Oakland County Board of Commissioners
accepts and approves the terms and conditions of the attached Lease Agreement between the
County of Oakland and the Oakland County 4-H Fair Association, a non-profit organization; and
WHEREAS, under the terms and conditions of the attached Lease Agreement, the Oakland
County 4-H Fair Association will occupy Building E located at 12451 Andersonville Road,
Davisburg, Michigan for a period of one year. In recognition of the prior capital investment of
the 4-H Fair Association and the Association's commitment to pay utilities of approximately
$55,000 a year, which equates to the equivalent of rent at $10 a square foot, rent will not be
paid, but tenant shall pay utilities for buildings and grounds located at 12451 Andersonville
Road, Davisburg, Michigan, 48530, including Building E, the Ellis Barn, the Oaks Barn, the
Miracle of Birth, the Septic System, the new Campground (2007), the Fairground Pit, and the
parking lights in the field. Utilities shall include electrical services, telephone and fax service,
internet service, gas (natural and propane) services, and water services. The lease will be
automatically renewed for four additional one-year terms upon expiration of the initial term. The
lease may be terminated by either party for any reason: and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed
and/or prepared all necessary documents related to the attached lease agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Lease Agreement for Building E/Administration Building at
12451 Andersonville Road, Davisburg, Michigan between the County of Oakland and Oakland
County 4-H Fair Association, a non-profit organization.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs
its Chairperson or his designee to execute the attached Lease Agreement and all other related
documents between the County of Oakland and the Oakland County 4-H Fair Association, a non-
profit organization, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution
PLANNING AND BUILDIN-G )COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
REVISED
3/i • 0 e)
BUILDING LEASE
BETWEEN
OAKLAND COUNTY
AND
OAKLAND COUNTY 4-H FAIR ASSOCIATION
This Lease is made and entered into on the [insert date], by Oakland County 4—H Fair
Association, a non-profit organization, 12451 Andersonville Road, Davisburg, Michigan 48350,
("Tenant"), and the County of Oakland, a Michigan Constitutional Corporation, 1200 North
Telegraph Road, Pontiac, Michigan 48341 ("Landlord").
In consideration of the mutual covenants contained in this Lease, the Parties agree to the
following terms and conditions:
1. Leased Premises. The Landlord leases to the Tenant a building known as Building
E/Administrative Building, located as 12451 Anderson Road, Davisburg, Michigan
48350 ("Premises"), which is further described and depicted in Exhibit A.
2. Term and Commencement Date.
2.1 The Term of this Lease shall begM on the Commencement Date, which date shall be
[insert commencement datel and shall end on September 30, 2010 ("initial term').
The Tenant shall have possession of the Premises on the Commencement Date.
2.2 This Lease shall be automatically renewed for four (4) additional terms of one (1)
each ("renewal terms") upon the expiration of the initial term or a renewal term,
unless either Party provides written notice to the other Party of ins intent not to
renew the Lease ninety days (90) before the expiration of the initial term or any
renewal term.
3. Termination. Either party may terminate and/or cancel this Lease at any time upon one
hundred and eighty (180) days written notice to the other Party, for any reason, including
convenience, without incurring obligation or penalty of any kind. The effective date of
termination and/or cancellation shall be clearly stated in the written notice,
4. Rent. Tenant shall not pay Landlord rent during the term of this Lease. In exchange for
not paying rent, the Tenant shall pay the utilities for the following buildings and grounds
located at 12451 Andersonville Road, Davisburg, Michigan, 48350: the Administrative
Building/Building E, the Ellis Barn, the Oaks Barn, the Miracle of Birth, the Septic
System, the new Campground (2007), the Fairground Pit, and the parking lights in the
field. Utilities shall include electrical services, telephone and fax service, internet service,
gas (natural and propane) services, and water services. Bills for all utilities and services
shall be placed in the Tenant's name.
5. Hold Over. In the event the Tenant holds over after the expiration of this Lease without a
written agreement between the Landlord and the 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 ninety (90) days.
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6. Alterations or Improvements. Tenant shall not make any alterations or improvements
to or upon the Premises without the prior written consent of 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 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. Any alterations or improvements made to or upon the Premises shall be
performed by a properly qualified contractor approved by Landlord. Any alterations or
improvements shall be done only during normal business hours and done in such a way as
not to interfere with the use of the Premises. Any contractor retained by Tenant shall
comply with ivICL 129.201, et seq. Any remodeling, renovation, improvements, or other
modifications to the Premises by the Tenant will be at Tenant's sole expense, unless
otherwise agreed by the Parties in writing.
7. Use and Occupancy.
7.1. During the term of this Lease the Premises shall be used for office space,
meetings, and event rental.
7.2, The Tenant v:ill be allowed to rent the Community Room in Building
E/Administrative Building for small events. Tenant will provide the Landlord
with a fee schedule, a copy of the rental schedule on a weekly basis, and a copy of
all the rental agreements.
7.3. Tenant will be responsible for all set-ups and clean up of all Tenant scheduled
events and will follow all Oakland County Parks and Recreation Rules.
8. Condition Upon Surrender. Upon expiration or termination of this Lease, the Tenant
shall surrender the Premises in the same condition as it was on the Commencement Date
when taken (reasonable wear and tear excepted) and shall remove its personal property,
9. Equipment and Furnishings. The Tenant shall provide, at its own expense, furniture
and equipment it deems necessary. The 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, The 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, parking areas, exterior glass, and heating and cooling
systems. If any repairs to the Premises are required (except for normal wear and tear), as
a result of the Tenant's actions or the actions of its employees, agents, customers,
licensees or invitees, the Tenant shall be responsible for making such repairs.
11. Utilities and Services.
11,1. The Tenant agrees to pay all costs associated with maintaining and operating its
telephone system, computer system (including access to the internet), and any
syeteni the Torant installs in the Premises.
11.2. The Landlord agrees to provide, at its own expense, trash removal, snow and ice
removal from sidewalks, steps and parking areas, complete parking lot and
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structural building maintenance, and lawn care services. Landlord shall keep the
common areas in a safe and secure mariner.
11.3. Except as otherwise provided in this Lease, the Tenant shall be solely responsible
for and promptly pay all utilities and services for the Premises, as set forth in
Paragraph 4.
12. 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. If the Landlord fails to comply with
such laws and regulations, the Tenant may give the Landlord written notice of its intent to
terminate the Lease one hundred fifty (150) days after the Landlord's receipt of the written
notice. lithe Landlord complies with the laws and regulations within the one hundred
fifty (150) day period, then Tenant's notice will be deemed withdrawn.
13. Destruction of Premises.
13.1. In the event, the Premises are partially or entirely damaged or destroyed as a result
of the Tenant's actions or the actions of its employees, agents, customers,
licensees, or invitees, the Tenant shall be responsible for repairing all damage or
destruction, unless such damage or destruction is covered and paid for by the
Landlord's insurance, in which case the Tenant shall reimburse the Landlord for
any deductible it must pay in connection with the damage or destruction.
13.2. In the event, the Premises are partially damaged or destroyed by fire or other
casualty, the damage to the Premises shall be promptly repaired or rebuilt by the
Landlord. In the event the Premises cannot be repaired or rebuilt within one
hundred eighty (180) days after such destruction, the 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. During the time between when the
Premises are damaged and the Tenant remains on the Premises during repair or
vacates the Premises altogether, the Rent owed by the Tenant shall be reduced in
proportion to the fraction of the Premises rendered unusable (in the discretion of
the Tenant). If more than thirty-five percent (35%) of the Premises are damaged or
destroyed by a casualty, the Tenant may elect to remain on the Premises or to
vacate the Premises.
13.3. In the event that more than thirty-five (35%) percent of the Premises are damaged
or destroyed by fire or other casualty, the Landlord may elect to either repair or
rebuild the Premises, or to terminate this Lease by giving written notice to the
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. If the Landlord elects to rebuild or repair the Premises, then the Rent
owed by the Tenant shall be reduced in proportion to the fraction of the Premises
rendered unusable (in the discretion of the Tenant) until the Premises are repaired
or rebuilt. In no event shall the Landlord be required to repair or replace any
property of the Tenant.
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13.4. In the event that less than Thirty-five (35%) percent of the Premises are damaged
or destroyed by fire or other casualty the Rent owed by the Tenant shall be
reduced in proportion to the fraction of the Premises rendered unusable (in the
discretion of the Tenant) until the Premises are repaired or rebuilt.
14. Insurance. At all times during this lease, Tenant must obtain and maintain insurance
according to the specifications set forth in Exhibit B.
15. Indemnification,
15.1 Tenant shall indemnify and hold the Landlord harmless from any and all claims,
including attorney fees, which are incurred by or asserted against the Landlord by
any person or entity, alleged to have been caused or found to arise, from the acts,
performances, errors, or omissions of Tenant or Tenant's employees, agents, or
volunteers without limitation, all claims relating to injury or death of any person or
damage to any property.
15.2 Tenant shall have no rights against the Landlord for any indemnification (e.g.,
contractual, equitable, or by implication), contribution, subrogation, and/or any
other right to be reimbursed by the Landlord except as expressly provided herein.
16. Care of Premises.
16.1 Tenant shall keep the Premises in good repair, wear and tear from reasonable use
and damage from the elements excepted.
16.2 Tenant shall clean and maintain the interior of the building known as Building
E/Administrative Building, including office #3 which will be occupied by the
Oakland County Conservation District and the area immediately surrounding the
building in order to ensure the ongoing operations of that building. Tenant shall
comply with the custodial guidelines set forth in Exhibit C.
17. Security. The Landlord agrees to provide lighting for the exterior of the Premises
including common areas, and parking areas directly adjacent to the Premises, in an
adequate manner. The Landlord will provide keys for the Tenant's employees, agents, or
independent contractors to enter the Premises.
18. Access. The Landlord shall have twenty-four (24)hour access to the Premises for the
purpose of inspecting, repairing, and maintaining the Premises.
19. Si211s. The Tenant may attach, install or erect signs on the interior and exterior walls of
the Premises as necessary for the Tenant's business at the Premises. However, 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 applicable
governmental entity as to the form, content, material, lighting and structure.
20. 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.
21. Parking. The Landlord agrees to provide Tenant with twelve (12) assigned parking
spaces for Tenant's exclusive use.
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eT-t 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.
23. Quiet Enjpvment. 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,
24. Modifications. This Lease may be modified or amended only by written agreement of
the Landlord and the Tenant.
25. 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.
26. 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.
27. 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 and maintain the Common Areas,
28. Security Deposit. No security deposit is being required of Tenant.
29, Governing Law. This Lease shall be interpreted under and governed by the laws of the
State of Michigan.
30. SeYerability. 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 he 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
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+, 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. Entire Agreement. This Lease constitutes the entire agreetnent of the Parties with
respect to the Premises and all prior negotiations, agreements and understandings, either
oral or written, are merged herein.
33. Binding Effect. The terms and conditions of this Lease shall be binding and shall innre
to the benefit of the Parties and their respective heirs, representatives, successors and
assigns.
34. Notice.
34.1. 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: Park and Recreation Commission
Executive Director
2800 Watkins Lake Road
Building #97 West
Waterford, MI 48328
With a copy to: Property Management Specialist
Oakland County Department of Facilities Management
Public Work Drive
Waterford, MI 48328
To Tenant: Oakland County 4-H Fair Association
12451 Andersonville Road
Davisburg, MI 48350
35. Resen'ation 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 Parties.
36. Default. If the Tenant defaults in any of its obligations under this Lease, the Landlord
shall have all remedies available to it under the law,
37, 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.
Tenant: Oakland County 4-H Fair Association
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By:
Signed and sworn to before me in Oakland County, Michigan, on day of , 200_.
Notary Public, State of Michigan,
Oakland County
My Commission expires:
Acting in the County of Oakland
Landlord: County of Oakland
By:
Michael D. Hughson BILL BULLARD, JR. Chairperson
Oakland County Board of Commissioners
Signed and sworn to before me in Oakland County, Michigan, on day of 200 . , _
Notary Public, State of Michigan,
Oakland County
My Commission expires:
Acting in the County of Oakland
MISCELLANEOUS RESOLUTION #09051 March 6, 2009
BY: Planning and Building Committee, John Scot Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION
COMMISSION— REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE
OAKLAND COUNTY 4-H FAIR ASSOCIATION FOR USE OF BUILDING
E/ADMINISTRATION BUILDING, SPRINGFIELD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS. the County of Oakland is the owner of Springfield Oaks County Park; and
WHEREAS. it is the recommendation of the Oakland County Parks and Recreation Commission
and the Department of Facilities Management that the Oakland County Board of Commissioners
accepts and approves the terms and conditions of the attached Lease Agreement between the
County of Oakland and the Oakland County 4-H Fair Association, a non-profit organization; and
WHEREAS, under the terms and conditions of the attached Lease Agreement, the Oakland
County 4-H Fair Association will occupy Building E located at 12451 Andersonville Road,
Davisburg, Michigan for a period of one year. In recognition of the prior capital investment of
the 4-H Fair Association and the Association's commitment to pay utilities of approximately
$55,000 a year, which equates to the equivalent of rent at $10 a square foot, rent will not be
paid, but tenant shall pay utilities for buildings and grounds located at 12451 Andersonville
Road, Davisburg, Michigan, 48530, including Building E, the Ellis Barn, the Oaks Barn, the
Miracle of Birth, the Septic System, the new Campground (2007), the Fairground Pit, and the
parking lights in the field. Utilities shall include electrical services, telephone and fax service,
internet service, gas (natural and propane) services, and water services. The lease will be
automatically renewed for four additional one-year terms upon expiration of the initial term. The
lease may be terminated by either party for any reason; and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed
and/or prepared all necessary documents related to the attached lease agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Lease Agreement for Building E/Administration Building at
12451 Andersonville Road, Davisburg, Michigan between the County of Oakland and Oakland.
County 4-H Fair Association, a non-profit organization.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs
its Chairperson or his designee to execute the attached Lease Agreement and all other related
documents between the County of Oakland and the Oakland County 4-H Fair Association, a non-
profit organization, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
PLANNING AND BJALDING;COMMITTEE
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BUILDING LEASE
BETWEEN .
OAKLAND COUNTY
AND
OAKLAND COUNTY 4-H FAIR ASSOCIATION
This Lease is made and entered into on the 1 st day of March. 2009, by Oakland County 4—H
Fair Association, a non-profit organization, 12451 Andersonville Road, Davisbutg, Michigan
48350, ("Tenant"), and the County of Oakland, a Michigan Constitutional Corporation, 1200 North
Telegraph Road, Pontiac, Michigan 48341 ("Landlord").
In consideration of the mutual covenants contained in this Lease, the Parties agree to the
following terms and conditions:
1. Leased Premises. The Landlord leases to the Tenant a building known as Building
EiAdministrative Building, located as 12451 Anderson Road, Davisburg, Michigan
48350 ("Premises"), which is further described and depicted in Exhibit A.
2. Term and Commencement Date,
2.1 The Term of this Lease shall begin on the Commencement Date, which date shall be
[insert commencement date) and shall end on September 30, 2010 ("initial term").
The Tenant shall have possession of the Premises on the Commencement Date.
2.2 This Lease shall be automatically renewed for four (4) additional terms of one (1)
each ("renewal terms") upon the expiration of the initial term or a renewal term,
unless either Party provides written notice to the other Party of its intent not to
renew the Lease ninety clays (90) before the expiration of the initial term or any
renewal term.
3. Termination. Either party may terminate and/or cancel this Lease at any time upon one
hundred and eighty (180) days written notice to the other Party, for any reason, including
convenience, without incurring obligation or penalty of any kind. The effective date of
termination and/or cancellation shall be clearly stated in the written notice.
. Rent Tenant shall not pay Landlord rent during the term of this Lease. In exchange for
not paying rent, the Tenant shall pay the utilities for the following buildings and grounds
located at 12451 Andersonville Road, Davisburg, Michigan, 48350: the Administrative
Building/Building E, the Ellis Barn, the Oaks Barn, the Miracle of Birth, the Septic
System, the new Campground (2007), the Fairground Pit, and the parking lights in the
field. Utilities shall include electrical services, telephone and fax service, internet
service, gas (natural and propane) services, and water services. Bills for all utilities and
services shall be placed in the Tenant's name.
5. Hold Over. In the event the Tenant holds over after the expiration of this Lease without
a written agreement between the Landlord and the 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 ninety (90) days.
6. Alterations or Improvements. Tenant shall not make any alterations or improvements
to or upon the Premises without the prior written consent of 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 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. Any alterations or improvements made to or upon the Premises shall be
performed by a properly qualified contractor approved by Landlord. Any alterations or
improvements shall be done only during normal business hours and done in such a way as
not to interfere with the use of the Premises. Any contractor retained by Tenant shall
comply with MCL 129.201, et seq. Any remodeling, renovation, improvements, or other
modifications to the Premises by the Tenant will be at Tenant's sole expense, unless
otherwise agreed by the Parties in writing.
7. Use and Occupancy.
7.1. During the term of this Lease the Premises shall be used for office space,
meetings, and event rental.
7.2. The Tenant will be allowed to rent the Community Room in Building
E/Administrative Building for small events. Tenant will provide the Landlord
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with a fee schedule, a copy of the rental schedule on a weekly basis, and a copy of
all the rental agreements.
7,3. Tenant will be responsible for all set-ups and clean up of all Tenant scheduled
events and will follow all Oakland County Parks and Recreation Rules.
7.4. The Landlord will lease one office, know as office #3, in Building
E/Administrative Building to the Oakland County Conservation District.
Landlord will develop a separate Lease Agreement with the Conservation District.
8. Condition Upon Surrender. Upon expiration or termination of this Lease, the Tenant
shall surrender the Premises in the same condition as it was on the Commencement Date
when taken (reasonable wear and tear excepted) and shall remove its personal property.
9. Eunii3ment and Furnishings. The Tenant shall provide, at its own expense, furniture
and equipment it deems necessary. The 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. The 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, parking areas, exterior glass, and heating and
cooling systems. If any repairs to the Premises are required (except for normal wear and
tear), as a result of the Tenant's actions or the actions of its employees, agents, customers,
licensees or invitees, the Tenant shall be responsible for making such repairs.
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11. 71,-I 1ifies and Services.
11.1. The Tenant agrees to pay all costs associated with maintaining and operating its
telephone system, computer system (including access to the intern et) and any
other system the Tenant installs in the Premises.
11.2. The Landlord agrees to provide, at its own expense, trash removal, snow and ice
removal from sidewalks, steps and parking areas, complete parking lot and
structural building maintenance, and lawn care services. Landlord shall keep the
common areas in a safe and secure manner.
11.3. Except as otherwise provided in this Lease, the Tenant shall be solely responsible
for and promptly pay all utilities and services for the Premises, as set forth in
Paragraph 4.
12. 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. If the Landlord fails to comply with
such laws and regulations, the Tenant may give the Landlord written notice of its intent to
terminate the Lease one hundred fifty (150) days after the Landlord's receipt of the written
notice. If the Landlord complies with the laws and regulations within the one hundred
fifty (150) day period, then Tenant's notice will be deemed withdrawn.
13. Destruction of Premises.
13.1. In the event, the Premises are partially or entirely damaged or destroyed as a result
of the Tenant's actions or the actions of its employees, agents, customers,
licensees, or invitees, the Tenant shall be responsible for repairing all damage or
destruction, unless such damage or destruction is covered and paid for by the
Landlord's insurance, in which case the Tenant shall reimburse the Landlord for
any deductible it must pay in connection with the damage or destruction.
13.2. In the event, the Premises are partially damaged or destroyed by fire or other
casualty, the damage to the Premises shall be promptly repaired or rebuilt by the
Landlord. In the event the Premises cannot be repaired or rebuilt within one
hundred eighty (180) days after such destruction, the 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. During the time between when the
Premises are damaged and the Tenant remains on the Premises during repair or
vacates the Premises altogether, the Rent owed by the Tenant shall be reduced in
proportion to the fraction of the Premises rendered unusable (in the discretion of
the Tenant). If more than thirty-five percent (35%) of the Premises are damaged or
destroyed by a casualty, the Tenant may elect to remain on the Premises or to
3
13
Jr thr--. oull- more than thirty-five (35%) percent of the Premises are damaged
a,--sia-oyeci by fire or other casualty, the Landlord may elect to either repair or
rebuild the Premises, or to terminate this Lease by giving written notice to the
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. If the Landlord elects to rebuild or repair the Premises, then the Rent
owed by the Tenant shall be reduced in proportion to the fraction of the Premises
rendered unusable (in the discretion of the Tenant) until the Premises are repaired
or rebuilt. In no event shall the Landlord be required to repair or replace any
property of the Tenant.
13.4. In the event that less than Thirty-five (35%) percent of the Premises are damaged
or destroyed by fire or other casualty the Rent owed by the Tenant shall be
reduced in proportion to the fraction of the Premises rendered unusable (in the
discretion of the Tenant) until the Premises are repaired or rebuilt.
14. Insurance. At all times during this lease, Tenant must obtain and maintain insurance
according to the specifications set forth in Exhibit -B.
15. Indenmification,
15.1 Tenant shall indemnify and hold the Landlord harmless from any and all claims,
including attorney fees, which are incurred by or asserted against the Landlord by
any person or entity, alleged to have been caused or found to arise, from the acts,
performances, errors, or omissions of Tenant or Tenant's employees, agents, or
volunteers without limitation, all claims relating to injury or death of any person or
damage to any property.
15.2 Tenant shall have no rights against the Landlord for any indemnification (e.g.,
contractual, equitable, or by implication), contribution, subrogation, and/or any
other right to be reimbursed by the Landlord except as expressly provided herein.
16. Care of Premises.
16.1 Tenant shall keep the Premises in good repair, wear and tear from reasonable use
and damage from the elements excepted,
• 16.2 Tenant shall clean and maintain the interior of the building known as Building
E/Adrninistrative Building, including office #3 which will be occupied by the
Oakland County Conservation District and the area immediately surrounding the
• building in order to ensure the ongoing operations of that building. Tenant shall
comply with the custodial guidelines set forth in Exhibit C.
17. Security. The Landlord agrees to provide lighting for the exterior of the Premises
including common areas, and parking areas directly adjacent to the Premises, in an
adequate manner. The Landlord will provide keys for the Tenant's employees, agents, or
independent contractors to enter the Premises.
18. Access. The Landlord shall have twenty-four (24) hour access to the Premises for the
purpose of inspecting, repairing, and maintaining the Premises.
4
14
19. ,Signs. The Tenant may attach, install or erect signs on the interior and exterior walls of
the Premises as necessary for the Tenant's business at the Premises. However, 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 applicable
governmental entity as to the form, content, material, lighting and structure.
20. Assipment 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.
21. parking. The Landlord agrees to provide Tenant with twelve (12) assigned parking
spaces for Tenant's exclusive use.
22. 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
Least, 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.
23. 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.
24. Modifications. This Lease may be modified or amended only by written agreement of
the Landlord and the Tenant.
25. 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,
26. 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.
27. 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 and maintain the Common Areas.
5
15
28. Ri ew.ritv Denoyit. No security deposit is being required of Tenant.
29. Governing Law. This Lease shall be interpreted under and governed by the laws of the
State of Michigan.
30. Severabilitv. 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 fall 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. 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.
33. 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.
34. Notice.
34.1. 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 Parks and Recreation Commission
Executive Officer
2800 Watkins Lake Road
Building #97 West
Waterford, MI 48328
With a copy to: Property Management Specialist
Oakland County Department of Facilities Management
I Public Work Drive
Waterford, M148328
To Tenant: Oakland County 4-H Fair Association
12451 Andersonville Road
Davisburg,, MI 48350
16
n77.tiop of Rkghts. 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 Parties.
36. Default. If the Tenant defaults in any of its obligations under this Lease, the Landlord
shall have all remedies available to it under the law.
37. 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.
Tenant: Oakland County 4-H Fair Association
By:
Signed and sworn to before me in Oakland County, Michigan, on day of 200_.
Notary Public, State of Michigan,
Oakland County
My Commission expires;
Acting in the County of Oakland
Michael D. Hughson
Landlord: County of Oakland
By:
BILL BULLARD, JR. Chairperson
Oakland County Board of Commissioners
Signed and sworn to before me in Oakland County, Michigan, on clay of , 200_.
Notary Public, State of Michigan,
Oakland County
My Commission expires:
Acting in the County of Oakland
17
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18
EXIMBIT 'A'
MfLENNG *V FLOOR PLAN
f;'RINICIFrELD OAKS COUNTY PARK
EXHIBIT B
!PSURANCE REQUIREMENTS
1. Tenant shall procure and maintain insurance coverage according to the following specifications:
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, and f) Blanket Broad Form Contractual with the
following minimum limits;
$2,000,000 — General Aggregate Limit other than Products/Completed Operations
$1,000,000 — Each Occurrence
$2,000,000 — Products/Completed Operations Aggregate Limit
$1,000,000— Personal & Advertising Injury Limit
$ 500,000 Damage to Rented Premises
$ 5,000 — Medical Payments —Any One Person
b. Workers Compensation with limits statutorily required by any applicable Federal or State law
and Employers Liability Insurance with minimum limits of $100,000 each accident, $100,000
disease each employee, and $500,000 disease policy limit
•
c. Automobile Liability with minimum limit of $1,000,000 Combined Single Limit per occurrence
for owned, hired and non-owned vehicles (including Michigan No-Fault as required by law).
Umbrella/Excess Liability Occurrence form with minimum limit of $2,000,000 each occurrence.
Coverage shall be no less than following form or broader.
2. General Insurance Policy Provisions:
a. All certificates of insurance and/or insurance policies shall contain the following provisions and
clauses;
1) All policies of insurance shall be on a primary, non-contributory basis with any other
insurance and/or self-insurance carried by the Landlord.
2) Tenant and their insurance carriers agree to waive all rights of subrogation against the
Landlord, employees, agents, and elected and appointed officials of the Landlord, and the
Oakland County Parks and Recreation Commission.
3) Commercial General Liability and Automobile policies shall be endorsed to include as
Additional Insured: the Landlord, employees, agents, and elected and appointed officials of
the Landlord, and the Oakland County Parks and Recreation Commission as Additional
Insured.
4) 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 than ten (10) working
days before commencement of the tease.
•
5) The insurance required of the Tenant is not intended to cover any tools, equipment or other
such personal property of the Tenant. This risk of loss to all such personal property shall be
assumed by the Tenant. The Tenant and insurance carriers agree to waive all rights against
the County for any damage or loss to such personal property.
6) All insurance carriers shall be licensed and approved to do business in the State of Michigan
and are subject to the approval of the Landlord.
Page 1 of 1
20
EXHIBIT C
SPRINGFIELD OAKS ADMINISTRATIVE OFFICE (BUILDING E)
CUSTODIAL GUIDELINES
PART 1: DEFINITIONS
The following definitions will be considered the minimum acceptable guidelines for the custodial
activities performed under this Lease.
A. Wet Manning and Scrubbing
I. The floors shall be properly prepared, thoroughly swept to remove all loose dirt and
debris, gum, tar and other foreign substances.
2. Upon completion of wet mopping or scrubbing, the floor shall be clean, free of dirt,
stains, spills, mars, mop marks, and properly rinsed and dry mopped to present a clean
appearance.
All surfaces shall be dry with corners, cracks, and splice joints clean. Cove base, walls,
furniture, doors, etc., shall be wiped clean to remove any streaks or splashes.
Germicidal disinfectant cleaner shall be used on all restroom, floors, walls, partitions,
fixtures and equipment when cleaning,
Floor Finishing and Buffing
1. Floor finish shall be applied in a thin, even coat. The number of coats applied will
depend on the use and condition of the floor but in no case will less than two coats be
applied,
2. At the stated frequencies, floors shall be wet mopped and buffed between regular floor
finishing operations. The floor shall be properly swept free of all loose dirt prior to
mopping.
3. Upon completion of wet mopping, the floor shall be clean and free of dirt, water streaks,
mop marks and properly rinsed, and dry mopped to present a clean appearance,
4. All surfaces shall be dry with corners, cracks, and splice joints clean after wet mopping.
5, The floor area will be machine spray buffed to restore the gloss to the floor. Finish floor
as necessary to restore floor to clean, bright appearance. Do not allow floor finish
buildup at edges or corners and blend floor finish into existing floor finish leaving no
demarcation line between the two.
21
1. There shall ie complete removal of all dirt, old floor finish and other substances in
returning floor to its original surface. All corners, edges, cracks, splice joints and around
other floor mounted appurtenances shall be completely cleaned.
2. Two thin coats of appropriate sealer shall be applied with caution to prevent streaking or
bleaching of the floor surface. This application shall be applied in accordance with the
manufacturer's recommendation and shall be compatible with the floor finish to be used.
D. Carnet Shampooing
Carpets shall be cleaned using steam-water extraction method or equivalent with water pickup
capable of reducing remaining water to a minimum of 10 percent (10%) by weight moisture
content. Prior to cleaning, all severe spots and stains shall be removed so as to present a uniform
appearance after cleaning. Tenant is responsible for removing furniture prior to cleaning and
replacing furniture to original location after cleaning and carpeting has dried.
E. Rugs, Carpets and Upholstery
1. After vacuuming, all rugs/carpets shall be free from dust balls, dirt and other debris. All
areas not reached by vacuum, shall be hand cleaned using appropriate cleaning
equipment.
2. Soft upholstery shall be free of all lint, dust and other debris. Cleaning procedure shall
not damage fabric or nap.
F. Schedule of Carpet Cleaning
, The schedule of carpeting cleaning will be on a semi-annual basis or an as needed basis.
G. Dusting
1. Dusting residue, shall not be moved from spot to spot but removed directly from the area
in which it lies by the most effective means appropriate; treated dusting cloths, hand
duster or vacuum tools.
2. There shall be not dust streaks remaining on any surface, including comers ; ledges,
shelves, molding, etc.
3. There shall be no oils, spots, smudges, or residue from dusting aids on dusted surfaces.
H. Damp Wiping
This task consists of using a clean, damp cloth or sponge to remove all dirt spots, streaks from
walls, glass or other specified surfaces, and then drying to provide a polished appearance.
I. Furniture Upkeep
1. Desks, files, tables, cabinets, etc., shall be kept free of fingerprints, stains, smudges, etc.
Chrome/stainless steel legs and edgings shall be cleaned free of marks and polished to a
bright appearance.
22
W?.ter fountains shall be disinfected with germicidal disinfectant cleaner, the chrome,
auisssieel and cabinets polished to a clean, bright appearance.
PART 2: SUPPLIES
A. For the treatment of various types of flooring, carpeting, furniture, etc., only such materials
recommended and approved by the manufacturers and the Landlord shall be used. Tenant must
utilize trash receptacle bags of a type, grade, gauge, and color approved by the Landlord.
B. Prior to the start of the Lease, the Tenant shall submit for approval a complete list of brand
names, Michigan Safety Data Sheets (MSDS) and product number of all supplies to be used in
fulfilling this Lease. An acceptable substitute shall be immediately furnished for any rejected
item.
C. Tenant must supply restroom supplies/chemicals: paper toweling, toilet tissue, feminine sanitary
products, restroom aerosol spray, and medicated hand soap. Tenant is responsible to obtain and
keep adequate supplies for the operations of Building E.
PART 3: EQUIPMENT
A. The Tenant will be responsible for providing all needed cleaning equipment to maintain Building
E.
PART 4: CUSTODIAL CLEANING TASK AND FREQUENCY SCHEDULE
NOTE: THESE CLEANLNG GUIDELINES AND FREQUENCIES ARE SUBJECT TO THE
BUILDING USE
4.1 OFFICE/CLERICAL, MEETING ROOM, AND COMMUNITY ROOM
A. Daily Cleaning
1. Empty and reline all wastebaskets with plastic liners.
2. Vacuum all traffic areas and any obvious soil in area. Clean and remove all spots, stains,
etc. from carpeting.
3. Spot clean furniture, walls, partition glass, wall switch plates and door hardware.
4. Clean and disinfect telephones.
5. Sinks shall be cleaned and wiped free of all watermarks,
6. Clean and refill paper towel/soap dispensers.
3
23
13. Weekly Cieaniag
I. Vacuum all carpets thoroughly on a five-night rotation.
2. Dust and damp wipe vertical surfaces of all furniture.
3. Dust and damp wipe all ledges and windowsills.
4. Wash or polish all desktops that are cleared of work papers.
5. Spray buff resilient tile floors on a five-night rotation.
6. Clean horizontal surfaces of all furniture, ledges and windowsills.
7. Dust mop and damp mop hard surface floors.
C. Monthly Cleaning
I. Vacuum upholstered furniture and cushions. Wash and dry vents and light fixtures. Pile
lift if carpeted area.
Wash and dry exhaust/HVAC vents and light fixtures (interior and exterior).
Thoroughly clean interior glass.
Dust high ceilings including vents and walls.
D. Semi-Annual Cleaning
I. Strip and refinish resilient tile floors, Apply minimum of two (2) coats of sealer and two
(2) coats of floor finish.
Shampoo carpet.
4.2 RF.STROOMS: (To Include Shower Room and Public Restroom)
A_ Daily Cleaning
I. Floors shall be swept and Fp rnnoui ytth germicidal disinfectant cleaner including
shower/restroom area. Weekly frequency during non-multi-day events (i.e.: 4-H Fair).
2. Stools, seats, and urinals shall be thoroughly washed inside and out with a germicidal
disinfectant cleaner. Seat shall be left in a raised position. Washbasins shall be cleaned
and wiped free of all watermarks using germicidal disinfectant cleaner. All mirrors,
shelves, chrome fixtures, pipes and dispensers shall be cleaned using germicidal
disinfecimt c..1c1...auer and wiped dry. Special attention shall be given to floors around
toilets and urinals, for elimination of odors and stains to provide a uniformly clean and
sanitary appearance throughout.
4 24
3. Empty and clean all trash containers using germicidal disinfectant cleaner prior to
relining with plastic liners.
4. Clean all furniture to include baby-changing equipment using germicidal disinfectant
cleaner,
5. Empty and disinfect all sanitary napkin receptacles with germicidal disinfectant cleaner.
Reline with wax bag.
6. Wash and wipe dry all paper dispensers using germicidal disinfectant cleaner.
7. Replenish all paper toweling, toilet tissue, feminine sanitary products and hand soap.
Contractor shall replenish and maintain an adequate supply of these items at all times.
Dust radiators, windowsills, ledges, grills, and partitions, etc. Spot clean with germicidal
disinfectant cleaner wall surfaces, partitions and doors. Splashings about lavatories and
urinals shall be removed. Switch plates, door push plates and kick plates shall be
maintained in a polished condition. ,
9. Floor traps shall be maintained free of color.
B. Weekly Cleaning
1. Toilet partitions, doors, walls, sills and ledges shall be completely cleaned with a
germicidal disinfectant cleaner not harmful to surface (to include showerirestroom areas
Fill floor traps with water/disinfectant solution.
3. Descale toilets and urinals.
Monthly Cleaning
Machine scrub and clean floors using germicidal disinfectant cleaner (including showers
D. Semi-Annual Cleaning
Strip and refinish tile floors. Apply minimum of two (2) coats of sealer and two (2) coats of
floor finish.
4•3 n Ai ,T ,W AVS. CORRIDORS. LOBBIES AND ENTRANCES
k Daily Cleaning
1. Floors shall be dust mopped and wet mopped.
Floors to be maintained to a high gloss and uniform appearance. Obvious scuffrnarks
and/or floor damage to be repaired utilizing spot floor restoring or spray buff method.
25
r_an. all interior and entrance glass.
4. Dean and disinfect telephones.
5. All displays, pictures, lockers and furniture to be cleaned. Vinyl furniture to be damp
wiped.
6. Vacuum all rugs and carpeting. Clean and remove all spots, stains, etc., from carpeting
and furniture.
7. Remove all litter and debris from exterior entrance approach. Remove all cigarette butts
and debris from entranceway smoking urns.
B. Weekly Cleaning
Tile floors shall be wet mopped, scrubbed, refinished and spray buffed to create a uniform and
high glass appearance free of any scuffmarks, abrasions, etc.
B. Monthly Cleaning
Vacuum upholstered furniture and cushions.
C. Semi-Annual Cleanina •
1. Strip and refinish all tile floors using a minimum of two (2) coats of scaler and two (2)
coats of floor finish.
2. Shampoo carpet.
4.5 CUSTODIAL CLOSETS
A. Daily Cleaning (As frequency of use dictates)
1. Empty, clean and reline all waste containers with plastic liners,
2. Dust mop and damp mop floor.
3. Clean service sinks.
B. Weekly Cleaning
1. Scour service sinks inside and out.
2. Spot clean walls, doors, frames, etc.
3. Wet mop with germicidal disinfectant solution.
26
4.6 rrri' 4 574
A. Monthly Cleaning
1. Floors to be dust mopped and damp mopped.
2. General organization
B. Annual Cleaning
Removal of all supplies and equipment
1. Floors to be dust mopped and damp mopped.
1 Sort and discard as needed.
PART 5: MISCELLANEOUS
5.1 TRASH REMOVAL
The trash is to be removed on a daily basis from the building to a dumpsteritrash disposal area located at
the back of the Activity Center.
5.2 BUILDING SECURITY
The Tenant is responsible for securing Building E.
27
l'R09-005
RESOLUTION
• WHEREAS, the Oakland County Parks and Recreation Commission desires to
enter into a lease with the Oakland County 4-H Fair Association for the use of Building
E/Administration Building at Springfield Oaks County Park for office space, monthly
meetings and community events; and
WHEREAS, said lease, which was developed by Oakland County Parks and
Oakland County Corporation Counsel staff, is for a period of one year with renewal
option for four additional terms of one year for a total of five years; and
WHEREAS, the Oakland County Fair Association provides programs and events
that meet the Oakland County Parks and Recreation Commission's goals and objectives
of innovative specialized recreation programs and cultural experiences; and
WHEREAS, the goals and objectives will assist the Oakland County Parks arid
Recreation Commission in determining future specialized recreation programs in
providing these programs to the residents of Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and
Recreation Commission hereby requests the Oakland County Board of Commissioners
authorize and approve the lease agreement between the County of Oakland and Oakland
County 4-H Fair Association for Building E at Springfield Oaks County Park in
Springfield Township.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission hereby requests the Board of Commissioners direct its Chairperson or
desitmee to execute said lease on behalf of the County of Oakland.
Moved by: John McCulloch
Supported by: Charles Palmer
Date: February 11, 2009
28
Resolution #09051 March 5, 2009
The Chairperson referred the resolution to the Finance Committee. There were no objections,
29
FISCAL NOTE (MR #09051) March 26, 2009
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/PARKS AND RECREATION
COMMISSION — REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH THE OAKLAND
COUNTY 4-H FAIR ASSOCIATION FOR USE OF BUILDING E/ADMINISTRATION BUILDING,
SPRINGFIELD OAKS COUNTY PARK
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. Parks and Recreation Commission agreed to a lease agreement with the Oakland
County 4-H Fair Association for buildings and grounds at Springfield Oaks for a period
commencing March , 2009 through September 30. 2010_
2. The lease will be automatically renewed annually for up to four years after the initial lease
period.
3. Estimated annual utility costs are $15,000 for the area.
4. In lieu of rent, the 4-H Fair Association agrees to pay the following utilities directly:
electrical, telephone and fax, intemet, natural gas, propane and water service.
5. Payment of utilities by the 4-H Fair Association will not impact the General Fund or the
Parks and Recreation Fund, therefore no budget amendments are recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #09051 March 26, 2009
Moved by Scott supported by Burns the resolution (with fiscal note attached) be adopted.
Moved by Scott supported by Burns the Finance Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Scott supported by Burns the resolution be amended to coincide with the recommendation in
the Finance Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett,
Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Fiunestad, Schwartz, Scott,
Woodward. Zack, Bullard, Burns. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution (with fiscal note attached), as amended, was
adopted.
I HERM APPROVE THE FOREGOING RESOLUTION
3/2-r/di
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
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 March 26.
2009, 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 26th day of March. 2009.
eat
Ruth Johnson. County Clerk