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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. 3 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 2 4 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. 3 3/4 7 5 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. 3A70 ? 4 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 5 7 6 8 +, 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 7 10 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 1 0 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 • 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. 2 12 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 q) 1311'3 5ARN REziRoam (INa. EtLDC E) ;:c) Ratea DARN 0 rlINALLE rBIR11-1 JN .20,05) 0 af11:1113 "C" g E.VENT CarPTIG OFFICZ (INCL MEC E) 1t1) "WTI ACTIMIES C/NTER D415 4l .2C05) e urriumin. 5UNCE. CARC€14 (-) AREra • 4-1-1 tCEto,74 (2) LovER ARENA O A CTIVIrr rAvocri • 1.M.-5TOCA E3ARTA ® rat-r1r BAPP, • 517,-nc... nap Ni • SCOTT NOAD SP%1GFIELD OA (\c3 COUNTY PARK 3CALE. 1' = ffLAA1_,-5 0-.0 LINT PA t-ri< S EX11157 " A" 5p +.•\1 CV.--1ELD OAK B 4—h FAT?. GROUND5 CTIiTY Cfl TER SPRINGF11:LD — 4—h FAIF,CRLUNDS 84: ACTIVITY CENT2451 ANFIR5CVALE ROAD DA\4313113:1, •48350 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