Loading...
HomeMy WebLinkAboutResolutions - 2009.03.05 - 9852MISCELLANEOUS RESOLUTION #09050 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 CONSERVATION DISTRICT FOR USE OF OFFICE SPACE BUILDING E, 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 Conservation District, a non-profit organization; and WHEREAS, under the terms and conditions of the attached Lease Agreement, the Oakland County Conservation District will occupy office number 3 of Building E located at 12451 Andersonville Road, Davisburg, Michigan for a period of one year. Rent will be $175.00 per month or $2,100 per year and is inclusive of all building and site maintenance, utilities, trash removal, snow and ice removal. The lease will be automatically renewed for one additional one- year term upon expiration of the initial term. The lease may be terminated by either party for any reason; and WHEREAS, the Departments of Facilities Management ana 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 office space at 12451 Andersonville Road, Building E, Davisburg, Michigan between the County of Oakland and Oakland County Conservation District, a non-profit organization. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs it's Chairperson or his designee to execute the attached Lease Agreement and all other related documents between the County of Oakland and the Oakland County Conservation District, 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 BUIL-D-1—Nb COIVIMITTEE PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote. BUILDING LEASE This Lease is made and entered into on the March I, 2009, by the Oakland County Conservation District, a non-profit organization, 12451 Andersonville Road, Davisburg, MI 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 Office # 3 in Building E located at 12451 Andersonville Road, Davisburg, MI 48350 ("Premises"), which is further described and depicted in Exhibit A. 2. Term and Commencement Date, The Term of this Lease shall begin on the Commencement Date, which date shall be March I, 2009 and shall run for one (1) year ("initial term"). This Lease shall automatically be renewed for one (1) additional term of one (1) year ("renewal term") upon the expiration of the initial term, unless either Party provides written notice to the other Party of its intent not to renew the Lease ninety (90) days before the expiration of the initial term. 3. Termination. Either Party may terminate this Lease for any reason upon ninety (90) days . written notice to the other Party. 4. Rent. 4.1. Tenant shall pay Landlord the sum of One Hundred and Seventy-Five Dollars - ($175.00) ("Rent") per monthly during the term of this Lease. This sum includes all utilities, structural maintenance, site maintenance, snow removal, lawn maintenance, trash removal, and taxes for the Premises. Rent is due on the first . calendar day of each month. 4.2. Tenant shall pay the Landlord the Rent for the first month on the Commencement Date. . Partial Month Rent Proration. Should the Term of this Lease commence on a day other than the first calendar day of a month, then the Rent for such month and the last month of the Term shall be prorated upon a daily basis based upon a thirty (30) day calendar - month. • Place of Rent Payment. Payments due under this Lease from the Tenant to the Landlord shall be paid at the address of the Landlord set forth above or at such other pike as • Landlord may designate in writing. Hold Over. In the event the Tenant bolds over after the expiration of the original Term 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 one (1) year. 8. 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, Use and Occupancy. During the term of this lease the Premises shall be used for office space.• 10, 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. 11. 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. 12. Taxes. All taxes are included in the Rent due Under Paragraph 4 of this Lease. 13. 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. 14. Utilities-and Services. 14.1. The Tenant agrees to pay all costs associated with maintaining and operating its telephone system, computer system (including access to the internet), and any other system the Tenant installs in the Premises. 14.2. 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 building maintenance, custodial services for common areas and lawn care services. Landlord shall keep the common areas in a safe and secure manner. • • 14.3. Except as otherwise provided in this Lease, the Landlord shall be solely responsible for and promptly pay all utilities for the Premises. • . 15. 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 sucblaws 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. 16. Destruction of Premises. 16.1. 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. 16.2. 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, • 16.3. 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 16.4. 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. Insurance: At all times during this Lease, Tenant must obtain and maintain insurance according to the specification contained in Exhibit B. 18. Indemnification. 18.1. 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. 18.2. 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. 19. Care of Premises. Tenant shall keep the Premises in good repair, wear and tear from reasonable use and damage from the elements excepted. 20, Security. The Landlord agrees to provide lighting for the interior and 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. 21, Access. The Landlord shall have twenty-four (24) hour access to the Premises for the . purpose of inspecting, repairing, and maintaining the Premises. 22. 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. • 23. 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. - 24. Parking. The Landlord agrees to provide Tenant with one (1) assigned parking space for . Tenant's .exclusive use. 25. • 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. Jrz 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. 26. 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. 27. Modifications. This Lease may be modified or amended only by wrirten agreement of the Landlord and the Tenant. 28. 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. 29. Use of Words. The pronouns and iTialive words used in this Lease shall be read interchangeably in masculine, feminine or neuter, singular or plural, as the context . requires. . 30. 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. 31. Security Deposit. No security deposit is being required of Tenant. 32. Governing Law. This Lease shall be interpreted under and governed by the laws of the .• State of Michigan. 33. Sever-ability. If a term, condition, or provision of this Lease is found, by a court of competent jurisdiction, to be invalid, unenforceable, or to violate or contravene federal or state law, then the term, condition, or provisiOn shall be deemed severed from this Lease; all other terms, conditions and provisions shall remain in full force and effect. 34. - 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, 5 35. 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. • 36. 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. • 37. Notice. 37.1. 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: With a copy to: To Tenant: Oakland County Park and Recreation Commission Executive Officer • 2800 Watkins Lake Road Building #97 West Waterford, MI 48328 • - Property Management Specialist Oakland County Department of Facilities Management 1 Public Work Drive Waterford, MI 48328 Oakland County Conservation District 12451 Andersonville Road Davisburg, MI 48350 38. Reservation of Rights. This Lease does not and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, or immunity of the Parties. 39. . 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. 40. 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 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 M the County of Oakland COUNTY OF OAKLAND Landlord 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 EXHIBIT B INSURANCE 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 1) Blanket Broad Form Contractual with the following minimum limits: $3,000,000 — General Aggregate Limit other than Products/Completed Operations $ 5001 000 Each Occurrence $ Included — Products/Completed Operations Aggregate Limit $ Included — Personal & Advertising Injury Limit $ 10000— Medical Payments Any One Person b. Workers Compensation with limits statuto,rily 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). 2. General Insurance Policy Provisions: 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 Lease. 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 PRO9-004 RESOLUTION WHEREAS, the Oakland County Parks and Recreation Commission desires to . enter into a lease with the Oakland County Conservation District for the use of Office 43 in Building E at Springfield Oaks County Park for office space and monthly meetings;• 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 one additional term of one year; and WHEREAS, said lease, which is between the County of Oakland and Oakland County Conservation District, is for the amount of one hundred seventy five dollars ($175) per month; and WHEREAS, the Oakland County Conservation District is a federally mandated state-supported unit of government designed to provide natural resource information; and WHEREAS, the Oakland County Conservation District's natural resources information complements the efforts of Oakland County Parks staff to inform the residents about the natural heritage of Oakland County; and • WHEREAS, this partnership will also meet the Oakland County Parks and Recreation Commission's strategic goal of providing an additional Source, of revenue 'under objective 4.5. • . . 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 Conservation District for Office #3 in 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 designee to execute said lease on behalf of the County of Oakland. Moved by: John McCulloch Supported by: Charles Palmer Date: February 11, 2009 Resolution #09050 March 5, 2009 The Chairperson referred the resolution to the Finance Committee. There were no objections.