[nfbmi-talk] trying clarion rental agreement again
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Thu Mar 24 17:45:43 UTC 2011
cid:9C67B87160A7469CA4680BEAC2BACC76 at YOUR7C60552B9E
Agreement #11521
MONTH-TO-MONTH SERVICES AGREEMENT FOR HOTEL ACCOMMODATIONS
Between
CLARION HOTEL
and the
State Of Michigan
THIS MONTH-TO-MONTH AGREEMENT (“Agreement”) is entered into by and between SSR Hospitality, LLC, a Domestic Limited Liability Company, d.b.a.
Clarion Hotel, as (“Hotel”), whose address is 4909 Oakton Street, Skokie, Illinois 60077, and the State of Michigan (“SOM”), by the Department of Technology,
Management & Budget, whose address is 530 W. Allegan Street, Lansing, MI 48933, for the Michigan (DELEG) - Michigan Commission for the Blind, and establishes
the following terms, conditions, performance obligations, and covenants between the parties:
1. Rooms. Hotel shall provide to DELEG the following hotel accommodation services (“Rooms): thirty four (34) rooms on the first and second floor,
one (1) meeting room on the first floor labeled as Reyes II, and, upon completion of the Restaurant Renovation (as hereinafter defined), the former restaurant
space, common areas of certain portions of the Hotel property in common with other hotel guests (subject to Section 10 hereof), all of which are outlined
on the property layout attached as Attachment "A". Additionally, DELEG shall have the use of fifty (50)
parking spaces on the grounds of the property commonly known as 3600 East Cork Street, Kalamazoo, MI 49001 (the “Hotel Property”) as further set forth
on Attachment “B” to this Agreement.
2. Term. The term of this Agreement begins December 16, 2010 and ends November 15, 2011, subject to the cancellation provisions of this Agreement.
3. Rent. DELEG shall pay to the Hotel rent at the rate of Fifty One Thousand Three Hundred and 00/100 dollars ($51,300.00) per month for thirty
four (34) rooms, one meeting room, the former restaurant space, and use of the kitchen. The first rent installment payment shall be due on January 1,
2011 for the partial month of December and all of January. Thereafter, rent consideration installment payments shall be due on February 1, 2011 and the
1st of each month for the month for which the installment applies. Public Act 533 of 2004 requires that payments under this Agreement be processed by
electronic funds transfer (EFT). Hotel is required to register to receive payments by EFT at the Contract & Payment Express website (
www.cpexpress.state.mi.us).
4. Date of Possession. The Rooms shall be available for possession by DELEG beginning on December 16, 2010. The Date of Possession and ending date
may be altered by mutual written consent. All Rooms and the parking shall be taken in their ‘as-is’ condition by DELEG, except for the Restaurant Renovation.
5. Cancellation. This Agreement may be canceled by DELEG beginning on December 16, 2010, and ending on May 15, 2011, upon ninety (90) days written
notice to the Hotel, and beginning on May 16, 2011, and ending on November 15, 2011, upon thirty (30) days written notice to the Hotel delivered either
in person, by recognized overnight courier service, or certified/registered mail return receipt requested to the Hotel’s address as set forth under the
“Notices” Section of this Agreement, or to such other address as either party may designate in writing for the delivery of notices under this Agreement.
If DELEG does not pay the Rent set forth in Section 3 hereof and does not cure such breach of agreement within ten (10) days after Hotel has given DELEG
notice thereof, Hotel may cancel this Agreement upon five (5) days written notice to DELEG. If DELEG breaches any of its obligations (other than non-payment
of Rent) hereunder and does not cure such breach within ten (10) days after Hotel has given DELEG notice thereof, Hotel may cancel this Agreement upon
twenty (20) days written notice to DELEG.
6. Hotel Representations, Obligations and Warranties.
6.1 Fire Inspection Report. Hotel shall provide to DELEG a written fire inspection report approving the Hotel Property for occupancy.
6.2 Governmental Compliance. Hotel represents and warrants that the Hotel Property will comply in all material respects with all applicable governmental
laws, rules and regulations applicable to hotels during the term of this Agreement including, but not limited to, applicable codes and use permits.
6.3 Authority to Bind. Hotel represents and warrants that it has legal ownership and authority to enter into this Agreement, and shall provide
a recorded warranty deed and/or other documentation necessary to confirm ownership and authority.
7. Repair and Maintenance. Except as to obligations expressly undertaken by DELEG as set forth herein, Hotel agrees to maintain the Hotel Property
in sound working order and in compliance with applicable legal codes applicable to hotels and free from dangerous or defective conditions.
8. Services and Responsibilities of DELEG. DELEG shall furnish the following at its own expense:
8.1 Computers and printer/copiers (as needed).
8.2 Telephone service (calls and faxes). If DELEG uses any of the Hotel’s phone services, they shall pay a mutually agreed to cost for all non-local
calls and a cost to reconfigure such phone system, if required due to DELEG’s use. If DELEG does not agree to the costs of non-local and/or such reconfiguration,
DELEG shall have the right to install their own phone system provided that the Hotel shall have reasonable approval rights over the vendor and its access
to the Hotel Property. Any and all vendors must provide adequate insurance to the Hotel prior to any access to the Hotel Property. DELEG shall not use
the Hotel’s business center.
8.3 Data access/service/equipment (IT network). If DELEG chooses to use the Hotel’s wireless, then DELEG will pay to the Hotel the actual cost
incurred by the Hotel in increasing such wireless’ bandwidth, which is estimated to be approximately $250.00 per month. If DELEG chooses to install its
own system, the Hotel shall have reasonable approval rights over the vendor and its access to the Hotel Property. Any and all vendors must provide adequate
insurance to the Hotel prior to any access to the Hotel Property.
8.4 DELEG shall reimburse the Hotel for the difference in the amount of electricity, gas and water used in the kitchen area (Hotel to provide
DELEG with a copy of the kitchen’s utility bill for a given month and a copy of the previous year’s bill for the same month to verify the difference in
the cost).
8.5 DELEG shall provide the kitchen equipment inventory set forth on Attachment “C” and “C-1” attached hereto as well as its own first aid kit.
Hotel shall have approval rights over the location and connectivity of such equipment. DELEG shall be responsible for keeping its kitchen equipment
secured and in good working order.
8.6 Prior to possession, DELEG shall provide a list of staff that will have access to the kitchen to Hotel, which list shall be subject to Hotel’s
reasonable approval. DELEG shall notify Hotel in writing of any changes in staff, which is subject to Hotel’s reasonable approval. DELEG shall insure
that any and all staff that have access to the kitchen shall have valid licenses and permits as required for food service and handling, including all required
training in compliance with any and all applicable laws, ordinances and regulations. DELEG shall insure that all staff that have access to the kitchen
display identification at all times while on the Hotel Property.
8.7 DELEG shall clean all rooms used as office and meeting rooms.
9. Services and Responsibilities of Hotel. Hotel shall furnish the following at its own expense:
9.1 Heating, mechanical ventilating, cooling, and humidification system capable of providing a temperature range of 68°F to 78°F, measured at
30" above the finished floor, and 12" inside any exterior wall at all times occupied.
9.2 Electric service for lights, office machines, and all other electrical equipment. Replacement of light bulbs and tubes as needed.
9.3 Replacement of all glass breakage in windows and doors, including plate glass, unless said breakage was caused by the negligence of DELEG’s
employees, guests, invitees or agents.
9.4 Provide and maintain any equipment required by the Fire Inspector for fire prevention and safety.
9.5 Utilities serving the Rooms, including electricity, water, sewer, gas, and/or steam (excluding the difference in the amount of utilities used
in the kitchen area).
9.6 Once a week or when a room is turned over or vacated, standard guest room cleaning services for the dorm rooms only.
9.7 Snow removal from driveways, steps, porches and walkways.
9.8 Removal of trash and refuse from the Hotel Property (dumpster service).
9.9 Pest Control.
9.10 Prior to possession, keys/access cards allowing entrance to the Hotel Property shall be provided to the DELEG.
9.11 Within thirty (30) days of possession of the Rooms, Hotel will carpet, paint and/or wallpaper, clean, install updated lighting fixtures, install
and/or repair ceiling and install furniture in the former restaurant space (“Restaurant Renovation”). If Hotel is delayed past thirty (30) days in completing
the Restaurant Renovation, it shall supply alternative space to DELEG until such Restaurant Renovation is completed.
10. Use Restrictions and Covenants. DELEG agrees:
10.1 DELEG’s employees, guests, invitees or agents shall not access, use, or occupy (i) the business center; (ii) any other hotel
meeting facilities and rooms not included in Rooms, (iii) the breakfast area labeled as ZUMA (temp) on Attachment “A” and (iv) the restaurant and bar facilities
unless they are paying customers in such restaurant and/or bar facilities.
10.2 DELEG shall insure that its employees, guests, invitees or agents use any and all common areas of the Hotel Property in a manner
consistent with hotel guest use and that such use does not interfere with Hotel’s operations.
10.3 DELEG employees, guests, invitees or agents shall use the Southeast side entrance to the Hotel Property primarily for all ingress
and egress to and from the Hotel Property. DELEG can, at its cost and expense, install signage at such entrance for DELEG provided the location, size
and installation must be approved by Hotel, in its reasonable discretion.
10.4 No visitors of DELEG or its employees, guests or invitees shall be allowed in the Hotel after 6:00 p.m. unless signed in with
DELEG’s ‘on duty’ staff person.
10.5 DELEG’s kitchen staff shall have access to the kitchen area only during the hours of 5:00 a.m. to 7:00 p.m. Monday through Friday
and 10:30 a.m. to 7:00 p.m. on Sunday. Such staff shall use and occupy only those portions of the kitchen area as Hotel and DELEG mutually agree.
10.6 Rooms used for dorms shall have no more than two occupants each.
10.7 Any occupants staying in dorm rooms shall be over the age of 18 years or DELEG shall provide adult supervision for such occupants
at all times during their stay at the Hotel.
10.8 All DELEG employees shall have and carry property identification evidencing same.
11. Assignment and Subletting. DELEG shall not assign or transfer any of its rights, obligations or interests under this Agreement without Hotel’s
prior written consent, in Hotel’s sole discretion.
12. Alterations and Improvements. No alterations, modifications, or improvements shall be made to the Rooms or the Hotel Property without the prior
written consent of the Hotel, which consent shall be in Hotel’s sole and absolute discretion if such alteration, modification or improvement is permanent
and/or affects the systems of the Hotel Property or is a wall or floor covering. At the expiration of the Agreement, DELEG shall return the Rooms to Hotel
in the same condition as they existed as of the date hereof, normal wear and tear for hotel use excepted.
13. Damage and Destruction. DELEG shall be liable for any and all damage to Hotel Property, including the Rooms caused by sole action of DELEG’s employees,
guests, invitees or agents or by any casualty insured under the DELEG’s self insurance policy.
14. Holding Over. In the event DELEG remains in possession of the Rooms after the expiration or termination of the Agreement, it shall be deemed to be
occupying the Rooms month-to-month, subject to all conditions, provisions and obligations of this Agreement, and the rent shall remain the same as the
monthly rent owing at the end of the Agreement.
15. Environmental. The parties shall comply with all applicable federal, state and local environmental laws, regulations and rules, including without
limitation financial liability and responsibility for the cleanup, containment and abatement of any spills or discharges of hazardous substances on or
within the Hotel Property.
15.1 Hotel represents and warrants that there is no known adverse environmental condition on or within the Hotel Property.
15.2 DELEG assumes no liability or responsibility for any spills or discharges of hazardous substances that occurred before Possession, regardless
of when those spills or discharges are discovered.
16. Insurance. Hotel is required to provide proof of the minimum levels of insurance coverage as indicated below for the Hotel Property within thirty
(30) calendar days of the Effective Date of this Agreement. As proof, Hotel must furnish to DELEG certificate(s) of insurance verifying insurance coverage.
The certificate must be on the standard “Accord” form, and such certificate(s) must be prepared and submitted by the insurance provider. All such insurance
certificate(s) shall contain a provision indicating that coverages afforded under the policies will not be canceled, materially changed, or not renewed
without sixty (60) days prior written notice, except for non-payment of premium, having been given to Hotel per the Notice provision (Paragraph 17) of
this Agreement.
If proof is not received within the stated timeframe, or a notice of cancellation is received and proof of new coverage is then not received within thirty
(30) days of the written notice being sent from DELEG to Hotel, DELEG may at its own discretion obtain said insurance on its own, but is not required to
do so, or may cancel this Agreement. If DELEG obtains insurance, Hotel will be charged the cost of the insurance. Such costs will be deducted from the
rent payment and is non-refundable. The insurance requirements are as follows:
16.1 Commercial Property Insurance, including extended coverage, vandalism and malicious mischief, sprinkler damage and where applicable, flood coverage,
in an amount equal to 100% of the full replacement cost of the Rooms, with a deductible not to exceed $50,000.
16.2 Commercial General Liability Insurance with a limit of not less than $2,000,000 per occurrence. If such insurance contains a general aggregate
limit, it shall apply separately to these Hotel Property. Hotel must name the State of Michigan, its departments, divisions, agencies, offices, boards,
commissions, officers, employees and agents as additional insured parties on the Commercial General Liability policy.
The Hotel must agree to waive all rights against the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees
and agents for recovery of damages to the extent these damages are covered by the insurance policies the Hotel is required to maintain pursuant to this
agreement. The Hotel also agrees to provide evidence that all applicable insurance policies contain a waiver of subrogation by the insurance company.
DELEG reserves the right to reject insurance written by an insurer that DELEG deems unacceptable. All insurance coverages provided relative to this Agreement
are primary and non-contributing to any comparable insurance (including self-insurances) carried by the State.
The State of Michigan hereby represents and warrants that it is self-insured at comparable levels to those set forth in Sections 16.1 and 16.2 above and
for worker's compensation as required by law. The State additionally covenants that during the term hereof, it will either obtain insurance comparable
to that set forth in Section 16.1 and 16.2 above as well as workers compensation insurance as required by law or that it will remain self insured at comparable
levels and with comparable coverage, including defense obligations.
17. Public Policy Provisions.
17.1 Non-Discrimination. Hotel shall comply with the Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., the Persons
with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101 et seq., and all other federal, state and local fair employment practices and
equal opportunity laws and covenants that it shall not discriminate against any employee or applicant for employment, to be employed in the performance
of this Agreement, with respect to his or her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related
to employment, because of his or her race, religion, color, national origin, age, sex, height, weight, marital status, or physical or mental disability
that is unrelated to the individual's ability to perform the duties of a particular job or position. The Hotel agrees to include in every subcontract
entered into for the performance of this real estate contract this covenant not to discriminate in employment. A breach of this covenant is a material
breach of this Agreement.
17.2 Unfair Labor Practices. This Agreement may be canceled by DELEG if Hotel or any subcontractor, manufacturer or supplier of the Hotel appears
in the register compiled by the Michigan Department of Energy, Labor, Economic Growth pursuant to 1980 Public Act 278, as amended, MCL 423.321 et seq.
(Employers Engaging in Unfair Labor Practices Act). A breach of this covenant is a material breach of this Agreement.
18. Notices. Any notices under this Agreement shall be complete if submitted in writing and by personal delivery (with signed delivery receipt), or
by certified/registered mail (a return receipt requested), or by a recognized overnight courier service. Notices shall be deemed effective on the date
and time of the delivery receipt.
Table with 2 columns and 18 rows
Hotel
State of Michigan - DTMB
Greg Deau, Director of Sales
Director, Real Estate Division
Clarion Hotel
Department of Technology, Management & Budget
3600 East Cork Street
530 West Allegan Street, Mason Bldg 1st floor
Kalamazoo, MI 49001
Lansing MI 48933
E-mail: gdeau at atirahotels.com
P.O. Box 30026, Lansing, MI 48909
Telephone: 269-385-3922
Fax: 269-385-2747
Copy to DELEG
Mr. David K. Thomas
Copy to Atira Hospitality
Director, Office Services Division
Attn: Sanjeev Misra 340 West Evergreen 3W
Department of Energy, Labor, and Economic Growth
Chicago, IL 60610
611 West Ottawa Street, 4th floor
Lansing, MI 48933
E-mail: smisra at atirahotels.com
Telephone: 312-239-0601
table end
19. Quiet Enjoyment. DELEG, upon payment of the stated rent and the performance of the conditions outlined herein, may peacefully and quietly have, hold,
and enjoy the Rooms. Hotel may access the Rooms as needed, with prior notice to DELEG staff, to perform its responsibilities under this Agreement and
to make reasonable inspections of Hotel’s property.
20. Miscellaneous Provisions.
20.1 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Michigan.
20.2 Mutual Drafting. This Agreement shall be interpreted and construed as drafted mutually by both parties.
20.3 Entire Agreement. This Agreement, with all Attachments as listed herein, constitutes the entire agreement between the parties with regard to
this transaction and may be amended only in writing, signed by each party.
20.4 Severability. Should any provision of this Agreement or any addenda thereto be found to be illegal or otherwise unenforceable by a court of
law, such provision shall be severed from the remainder of the Agreement, and such action shall not affect the enforceability of the remaining provisions
of the Agreement.
20.5 Waiver. Failure to enforce any term of this Agreement shall not be deemed a waiver of the enforcement of that or any other term of this Agreement.
20.6 Effective Date. The Effective Date of this Agreement is the date signed by the Real Estate Director of the Department of Technology, Management
& Budget.
20.7 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators and assigns of Hotel and
DELEG.
21. Attachments.
21.1 Attachment “A” – 1 page, floor plan
21.2 Attachment “B” – 4 pages, deed/legal description
21.3 Attachment “C” – 1 page, description of plan for inventory of kitchen equipment
21.4 Attachment “C-1” – 1 page, finalized inventory of kitchen equipment
IN WITNESS WHEREOF, the parties to this Agreement subscribe their names on the date set forth below.
Witness: HOTEL: SSR Hospitality, LLC
Date:
Signature Signature
Print Name: Print Name: Amin Amdani
Title: Member
Witness: HOTEL: SSR Hospitality, LLC
Date:
Signature Signature
Print Name: Print Name: Ayesha Amdani
Title: Member
Witness: HOTEL: SSR Hospitality, LLC
River Road Development LLC
By: Date:
Signature Signature
Print Name: Print Name: Ashik Patel
Title:
Witness: SOM:
Date:
Signature Signature
Print Name: Print Name:
Title:
Witness: SOM: Department of Technology, Management & Budget
Date:
Signature Deborah M. Roberts
Interim Director, Real Estate Division
Printed Name: Department of Technology, Management & Budget
Form Updated: 4-1-2010
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