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COUNTY ADMINISTRATOR 220 NORTH MAIN STREET, P.O. BOX 8645 ANN ARBOR, MICHIGAN 48107-8645 (734) 996-3055 FAX (734) 994-2592 TO: Wesley Prater, Chair Ways & Means Committee THROUGH: Robert E. Guenzel County Administrator FROM: Gregory Dill Facilities Management Director DATE: August 04, 2004 SUBJECT: Authorization of COPE lease for 2004-2005 BOARD ACTION REQUESTED: It is requested that the Board of Commissioners ratify the signature of the County Administrator on the lease with the Center for Occupational and Personalized Education (COPE), a non-profit organization that helps students having difficulty in traditional schools to experience success in academics and conflict management, while avoiding substance abuse and delinquency, enabling them to achieve positive goals in the home, school, and community. The lease duration is one year (August 21, 2004 – August 20, 2005) in the amount of $42,000. BACKGROUND: Washtenaw County is committed to expanding community impact, particularly in the areas that have been identified as Board of Commissioners’ priorities such as serving special needs and youth populations. COPE provides vocational and educational training and support for at-risk and disadvantaged youth. Washtenaw County has provided approximately 7,000 square feet of space for COPE in the Eastern County Government Center at 415 W. Michigan Avenue in Ypsilanti for approximately 10 years. DISCUSSION: Washtenaw County proposes to continue providing space for COPE’s administrative offices and classroom activities. IMPACT ON HUMAN RESOURCES: None. IMPACT ON BUDGET: Lease revenues will total $42,000/year. This is the same amount as in previous years and was included in the county’s 2004-05 budget. IMPACT ON INDIRECT COSTS: None. IMPACT ON OTHER COUNTY DEPARTMENTS OR OUTSIDE AGENCIES: Washtenaw County will provide basic janitorial and maintenance services, to be managed by Washtenaw County Support Services/Facilities Management. CONFORMITY TO COUNTY POLICIES: Execution of the lease, and COPE’s occupation of the space will be in conformance to all County policies. ATTACHMENTS/APPENDICES: Lease with COPE is attached. Written by Kerry Sheldon. A RESOLUTION RATIFYING THE SIGNATURE OF THE COUNTY ADMINISTRATOR ON THE LEASE WITH THE CENTER FOR OCCUPATIONAL AND PERSONALIZED EDUCATION, INC. (“COPE”) IN THE AMOUNT OF $42,000 FOR THE PERIOD OF AUGUST 21, 2004 THROUGH AUGUST 20, 2005. WASHTENAW COUNTY BOARD OF COMMISSIONERS August 4, 2004 WHEREAS, Washtenaw County recognizes that the Center for Occupational and Personalized Education (COPE) provides direct services to youth, helping them to experience success in academics and conflict management and enabling them to achieve positive goals in the home, school, and community; and WHEREAS, Children’s well-being is identified as one of the primary priorities of the Washtenaw County Board of Commissioners; and WHEREAS, Guiding Principle # 7 states that the County will provide leadership on intragovernmental, intergovernmental and intersectoral cooperation and collaboration aimed at improving services to County citizens; and WHEREAS, the educational and other services provided by COPE serve to address the root causes (Guiding Principle # 6) of delinquency and substance abuse; and WHEREAS, Washtenaw County has provided space to the COPE program in the 2nd floor of the Eastern County Government Center for nearly 10 years; and WHEREAS, this lease was developed by Washtenaw County Support Services, and has been reviewed by Corporation Counsel, the Finance Department, Human Resources, the County Administrator’s Office and the Ways & Means Committee; NOW THEREFORE BE IT RESOLVED that the Washtenaw County Board of Commissioners hereby ratifies the signature of the Administrator on the lease with the Center for Occupational and Personalized Education, Inc. in the amount of $42,000 for the 12-month period of August 21, 2004 – August 20, 2005, as on file with the County Clerk. LEASE AGREEMENT 1. Parties This Lease, dated the ___ day of ________ 2004, is made between Washtenaw County, 220 N. Main Street, Ann Arbor, Michigan, (“County”) as landlord and the Center for Occupational and Personalized Education, Inc., (“COPE”) 3014 Packard Rd., Ann Arbor, Michigan 48108 (COPE) as tenant. 2. Premises County agrees to lease to COPE approximately 7,000 sq. feet on the second floor of the Eastern County Government Center located at 415 W. Michigan Ave., Ypsilanti, Michigan (hereinafter referred to as the “Premises”). A site plan detailing the Premises is attached as Exhibit A. 3. Term The lease term shall begin on August 21, 2004 and end on August 20, 2005. 4. Use The Premises shall be used by COPE to conduct educational and related youth services. 5. Rent COPE agrees to pay the County an annual rental of Forty-Two Thousand Dollars ($42,000.00) ($6.00 per sq. foot X 7,000 sq. feet). COPE will pay the entire amount of the annual rent on or before August 20, 2004. If COPE exercises its option to unilaterally terminate this lease pursuant to Paragraph 15, the County will refund to COPE any unused annual rental which COPE may have prepaid under this Paragraph. 6. Utilities and Operation Costs The parties agree that gas, electricity, water and basic janitorial and maintenance services provided by the County shall be included in COPE’s annual rental, provided, however, that all costs associated with COPE’s use of existing or future telephone lines as well as damage to the Premises caused by COPE’s program activities, staff or participants shall be paid by COPE. 7. Repairs The County shall repair damage to the structure of the Premises, including the walls, windows, roof and foundation unless such damage is caused by COPE’s program activities, staff or participants in which event COPE shall pay for such repair. 8. Furniture The parties agree that the furniture currently in the Premises will remain except for office equipment in that part of the Premises which was previously used by the County Clerk which will be removed by the County. 9. Assignment and Subletting COPE shall not voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease and shall not sublet the Premises or any part of the Premises, without first obtaining the County’s written consent. 10. Insurance COPE shall maintain at its expense during the term of this Lease, the following insurance: 1. Comprehensive General Liability Insurance with a combined single limit of One Million Dollars ($1,000,000.00) each occurrence for bodily injury and property damage. Policy shall include products and completed operations and personal injury coverage’s. County shall be named as “additional insured” on General Liability policy with respect to the services provided under this Lease. Insurance policies must be issued by companies licensed to do business in Michigan or approved to do business in Michigan and such companies must be well rated and acceptable to the County Administrator. COPE shall furnish certificates of insurance issued to the County Administrator’s office evidencing such coverage and endorsements at lease ten (10) working days prior to commencement of services under this Lease. 11. Indemnity COPE will protect, defend and indemnify the County, its officers, agents, servants, volunteers and employees from any and all liabilities, claims, liens, demands and costs, including legal fees, of whatsoever kind and nature which arise from injury or death to any persons, including COPE’s own employees, and for loss or damage to any property, including property owned or in the care, custody or control of the County in connection with or in any way incident to or arising out of COPE’s occupancy of the Premises resulting in whole or in part from negligent acts or omissions of COPE, its subcontractor[s], or any employee, agent or representative of COPE or its subcontractor[s]. 12. Compliance With Existing Law The County agrees to keep the Premises in compliance with all federal, state and local laws, statutes, ordinances and/or regulations, including the Americans With Disabilities Act. 13. Subrogation In the event of fire or other damage to the Premises or personal property leased, the parties mutually waive their rights of subrogation and recovery against each other, their agents, employees or subleases to the extent that they are insured or are required to carry insurance for such loss. The County agrees to maintain insurance and/or assume the responsibility for loss or damage to the building and personal property owned by the County including the loss of rents. The coverage shall be on an all risk of physical loss basis in the standard insurance form. COPE shall maintain insurance and/or assume responsibility for personal property owned by COPE. 14. Default If either party breaches any provision of this Lease, that party shall be in default. In the event of default, the party not in default shall give the defaulting party notice of the default and thirty (30) days to correct the default. If such default is not corrected within thirty (30) days, the party not in default may terminate this Lease and pursue its remedies available under Michigan law, provided, however, that if COPE fails to procure or maintain the insurance coverage’s and endorsements required by this Lease, the County may immediately cancel this Lease and seek whatever damages to which it may be entitled under Michigan law. 15. Termination Either party may unilaterally terminate this Lease by giving the other party six (6) months notice of such termination. 16. Quiet Possession Upon performing the covenants, conditions and provisions in this Lease, COPE shall have quiet possession of the Premises for the entire lease period. 17. Total Agreement This Lease memorializes all the prior discussions, understandings and agreements involved in negotiating this Lease. No provision of this Lease may be amended or added to except by agreement in writing signed by both parties. This Lease shall not be effective or binding until signed by both parties. 18. Severability Any provision of this Lease which is found by a competent court of law to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision contained in this Lease and such other provisions shall remain in full force and effect. 19. Choice of Law and Forum This Lease shall be governed by the laws of the State of Michigan. The parties further agree that the proper forum for any litigation arising out of this Lease is in Washtenaw County, Michigan. 20. Notices All notices or demands which may or are required under this Lease must be in writing. All notices and demands shall be sent by United States mail, postage paid, to the following addresses: Washtenaw County 220 N. Main P.O. Box 8645 Ann Arbor, Michigan 48107-8645 COPE, Inc. 3014 Packard Rd. P.O. Box 6072 Ann Arbor, Michigan 48108 IN WITNESS WHEREOF, the parties have executed this Lease to be signed on this ___ day of ___________, 2004. WASHTENAW COUNTY COPE, INC. By: ______________________________ By: __________________________ Leah Gunn, Chair (Date) Ruth Jordan (Date) Washtenaw County Board of Commissioners President, Board of Directors ATTESTED TO: By: ______________________________ Peggy M. Haines (Date) Washtenaw County Clerk/Register APPROVED AS TO FORM: By: ______________________________ Curtis N. Hedger (Date) Office of Corporation Counsel COPE’S FEDERAL ID # IS 38-2056595
"COUNTY ADMINISTRATOR NORTH MAIN STREET BOX"