HomeMy WebLinkAboutResolutions - 1978.08.03 - 12583Miscellaneous Resolution 8570 August 3, 1978
BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, Chairperson
IN RE: OAKLAND/PONTIAC AIRPORT - DBA HANGAR SERVICE LEASE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, William Pryor and Donald Blumenschien DBA Hangar Service
has a twenty-five (25) year lease at the Oakland/Pontiac Airport which
expires October 31, 2001; and
WHEREAS, DBA Hangar Service requires sanitary sewer service from
the Township of Waterford; and
WHEREAS, the Township of Waterford requires the execution of a
"payment agreement and lien" to cover the tap-in charge for sanitary
sewer; and
WHEREAS, it is the County's desire that the lien shall be against
DBA Hangar Service and not the County of Oakland.
NOW THEREFORE BE IT RESOLVED that Oakland County Board of
Commissioners hereby authorizes the Chairperson of the Board of Commissioners
to execute the necessary documents for "payment agreement and lien" on land
leased to William Pryor and Donald Blumenschien DBA Hangar Service (lease
attached).
The Planning and Building Committee by Richard R. Wilcox, Chairperson,
moves the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Richard R. Wilcox, ChairpersOn
P,41 nC I
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AIRPORT LAND LEASE FOR CONSTRUZTION OF PERMANENT BUILDING
THIS MEMORANDUM OF LEASE AND AGREEMENT, Dated the 19th day of
October A. D. 19 76 , by and between the COUNTY OF OAKLAND,
a :,Y; chi_gan Constitutional Corporation, hereinafter called the LESSOR,
on:, William Pryor and Donald Blumenschien D/B/A, Hancar Servic_e
, hereinafter ca'n-red 7.,he LESSEE:
WHEREAS, The County of Oakland owns and operates the Oakland-
Pontiac Airport in Waterford Township and has certain plots of ground
available which can be leased to the Lessee Upon the conditions here-
inafter specified; and
WHEREAS, The Lessee is. desirous of leasing said plot of ground
upon.said conditions for the purpose hereinafter set forth:
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
That the parties -hereto have agreed and 'do here.V nlutually agree
as follows:
_
1) The Lessor •hereby .1ets. and leases to the Lessee and the t_ossee
hereby leases from the Lessor for ?. ric of_ TY:'-f-ive ycorn
from and after the date of this iesa for a
1st, 1976ahd expiring Octcter 31, 200-;
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property. The Lessee shall have the right of Df this lease
at the expiration thereof upon such terms and conditions as shall be
agreed upon between the' part'ies hereto, - The Lessor reserves th,e right
to change the rental payments providecL under this lease each and every
F'ivP (5) years, first cunputat',on to be made from the date of
this lease: Said changes in rental payments shall be based on the
rental rates in effect at the OL'Klahc:-Pohtiac AiYport at the expiration
OT each five-year period. An amehdrnent to the lease providing
for sJch :increased rental payment.s sha'i I Pe executed by the parties.
:f such amendment is not executed than the lease shall be terminated
by the Lessor by written notice to the Lessee. by Certified • United
States Mail. (Said property located on the Oakiand-Pontiacirport
;n WaterfordTownship, Oakland County, Michigan, and dascrffat as _
,
Part of the Southeast 1/4 Section 17, T53N; R,9E, Waterford Towns
Oakland County, Michigan described as follows:
Commencing at the Southeast corner of said Section along the
South line of said section and the centerline of S 87' 49' .
02" W, 235.00 ft; thence N 02' 01' 30" '4, 60.00 ft to the Point of
Beginning; thence along the North R.O.W. line of said highway S 87' 49'
02" W, 205.00 ft; thence N 02°- 01' 30' 115.00 ft; thence N 87" 49' 02"
E, 35.00 ft; thence N Oa': 01' 30" W., 35.00 ft; thence N,S .P 49' 02" E,
170.00 ft; thence S 02 01' 30" E, 150.00 ft.-to the Point of Beginning.
Parcel contains 29,525 square feet.
la) Four months rent namely $,_i ,574.64 shall be paid upon the
xecirtion of this lease, of wh -',oh $__ 393,67_ shall apply upon tha first
,onzh's rent of the term hereby grarzed, and the pbyt of
ba retained by the County as aduaranty ';und to L.,e aplied
of ne last tb:ree mOnths of said term.
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2) The Lessee hereby agrees to use said land so let and leased
under Item 1 hereof only for the purpose of commercial use incidental
to the sale, servicing and storage of aircraft provided other uses of
the premises may be authorized by resolution of the Airport Committee.
a) The Lessee hereby agrees to construct an approved -type
hangar on the above described property, not less than a minimum of
Does not apply within XXX years from the date of this lease at
their own cost and expense. Said plans to be approved by the Airport_
Committee.
3) The Lessee agrees that the privileges herein granted, in whole
or in part shall not be assigned, transferred or in any .manner disposed
of without the approval of the Airport Committee of the County of
Oakland, Michigan.
•
4) The Lessee agrees that in the use of said above described land
no obstruction shall be made or any inconvenience caused to the Lessor
in the business of operating and maintaining the Oa:land/Pontiac Airport.
5) a) The Lessee agrees to pay the Lessor for the above describ
land at a rate of sixteen (S.l6) cents per square foot annually, or a
fiat rate of $4,724.00 annually or payable in twelve (12) equal instal-
lments of $393.67 per month and payable on the first of each and every
month during the time that this lease is in operation. Rental payments
to be computed from date of November 1, 1975.
b). Lessee further agrees that an additional
$0 31.10 for sanitary s:::Tr service plos a 35,:in_zerial
for sanitary sewer service plus a mohthly .paynt.of $t
of this lease is in addition to paragraphs -1A one 5.
c) Lessee further agrees that the total klonthi:: rent of this
lease, as provided in paragraphs 5a and 5b above s -is _
6) It. is expressly understood that the Lessor at th od of each
five-year term of this lease shall have the right to rereeo:mie,te .
. rates to be charged which will apply for an additional fir—year
as stated in Paragraph No. I.
7) a) The Lessor agrees that at the expiration - of this lease or
any renewal thereof, Lessee may within a reasonable time remove any and
all buildings, structures, arc other Improvements or part of buildings,
structures, or other improvements, placed or erected on said premises
by the Lessee, during the term thereof, or any renewal thereof, all
expenses connected with such removal to be borne by Lessee
b) The Lessee agrees at the expiration of this lease the Lessor
shall have the right to ownership of all buildings and othr berF,anent
improvements erected or placed upon the premises and berroma Its property
in fee simple without process of law provided and Lessee does not exer-
cise its right in Section 7a,
8) It is further agreed that the enjoy ;t and use in common with
others upon the Oakland/Pontiac Airport of all entrances, exits, approache:
and means of entrance and approach and of light and air now in favor of
the demised premises shall not be interferred with or interrupted by any
act of either the Lessor or the Lessee during the term of this lease.
9) The Lessee, as a part of the consideration hereof, heroby
undertakes and agrees to indemnify and save the Lessor harmless of and
from all loss, injury or damage to parson or property of the Lessor,
employees of the Lessor, or others, which may arise or be alleged to
arise through, on account of, or out of the privilege heroin granted
whether caused by theft, fire, or otherwise.
10) The Lessee undertakes and ,acreas that in case any claim is
made or suit is brought against the said Lessor for any said loss„
injury or -damage the said Lessee will, upon notice fro-m the iessor,
settle, adjust and defend the sane -et the Lessee's sole c..et and
expense and Will pay any judhent rendered, together with hosts of courti
-,?1, Any grading of land, drilling of well, installing of under- -
-ound electric or telephone cable, septic tank, undergro 'fuel tanks
e any other facility above or below ground shall be done at the Lessee's
- own expense, including snow removal and general maintenance.
12) That as part of the consideration of this lease, the Lessor
hereby grants to the Lessee the right to use in common with others havi --
that right for aircraft that portion of the Oakland-Pontiac Airport
landing field and appurtenance including runways, apron to .runways,
an parking .facilities for Lessee's automobile, which are now Owned
or which may hereafter be acquired by the Lessor at such times during
day or night, and days of the week as shall be established from time
to time, by such rules and regulations as may be prescribed for the
use thereof by any County department or any branch or agency of the
Federal Government having jurisdiction.
13) That the Lessor shall_ have the right to enter upon the demised .
premises to maintain, repair, renew, or remove sewers and underground
telephone or telegraph conduits, or ether installations._ The Lessor
agrees to perform any work with reasonable dispatch and to leave said
premises in as good order and condition as the same were in prior to
the commencement of the work.
14) The Lessee expressly grants to the Lessor - a lien on
which the Lessee may erect on the 2raTn -',ses covo-ed by this lease,- for
the security of the payment- by the Lessee to t. ass or of any r,ntal
sums due the said Lessor.
15') That if the Lessor be reciu:,red by any future $evert.,"
- regL'iation or of any eontinarcies arse in the future whareby
Lessor or_its own .autnorized agencies adopt a general - policy of. cH„rjing
a landing fee, then upon due notice the Lessee shall pay 'such fee as -
additiona7 rent, provided, however, that other tenants of the Lessor
airport ore charged a similar 'fee.
16) The Lessee covenants and agrees that , they will keep
the exterior of the buildind constructed by -- them and
the appurtenant grounds' coveredby this lease, in tidy ch:(tion, the •
gross mowed, and, that the grounds shall be kept reasonably free from
weads,_rubbish and other unsightly objects or things.
17) No signs, posters, or similar devices shall be erected,
c,s r.,;(;yeL, or maintained in view of the general public in, -on, or
above the space herein leased, without written approval of the
Airport Manager, and any not approved by him shall be removed by the
Lessor at the expense of the Lessee.
18) The Lessee further agrees to pay any taxes or special assess
hereinafter legally levied by an govental agency against the
covered, by this lease, including buildings or personal property of L.
Lessee. The non-payment of any such taxes by the Lessee for 90 days °
shaI ba grounds for cancellation of this lease by the Lesser.
19) It is agreed that the Lessor and its duly auther'Ized employees
she'll have the right of ingress and egress to said leased premises,
-including all buildings or appurtenances placed or erected on said, premises
for --ispection purposes, or for any purpose' occasionedby emergency.
_ 20) it is express ly understood that the present rules and regul -C
new in effect governing the Oakland-Pontiac Airport or any future
thereto shall be binding and shall be considered a part of this lease a
- shall be complied with by the Lessee in all details.
21) it is further agreed that lf the Lessee shall neglect or
fall to pay the payments promptly as specified in this lease and if
there; is a failure to pay the see:e for a period in excess of sixty (60)
days, then this lease shall become void and the rights of the Lessee
terminated thereunder and the said Lessee shall be a tenant from month
to month and subject to eviction by legal process, in accordance with
L he statutes of the State of Xionlean.
22) It is further agreed that if the Lessee shall neglect or fail
to comply with any of the conditions and covenants of this lease for
a period in excess of 60 days, then this lease shall become void and the
rights of the Lessee terminated hereunder and the said Lessee shall be
-a tenant from month to month and subject to eviction by legal process,
in accordance with the State of Xichigan,
23) It is further understood that should the Lessee be adjudicated
a bankrupt that this lease shall become void.
24) The Lessor hereby declares the policy to be,"in connection
with leases of present and future properties on the Oakland-Pontiac
Airport, and the Lessee will be required to lease the entire lot
designated on the Master Plan as the Lessor will not lease half a lot
or any part thereof.
25) If in paragraph two (2) the Lessor grants permission to th
Lessee to operate a commercial 'business on the property herein decribed,
then the four following paragraphs, numbers 26, 27, 28, and 29
apply for ceTmercial use.
26) The Lessee shall furnish good, pro7,pt, and efficient serv',ce
adecuate to meet all the demands for its service at the airport.
. 27) The Lessee for himself, his personal representatives, sy.77::..;sors
in interest, and assigns, as a part of the consideration hereof, '
hcreby covenant and agree as 6 covonnt runninD with the land that
(-'1) no person on the grounds of race, op1or, or national origin f7h
be excl',1ded from participaton in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities,
(2) that in the constructienof any improvements on, over, or under e
such land and the furnishing of services thereon, no perso'n on the
grounds of race, color, or national cric,,i:n shall be excluded from
participation in, denied the benefits of, or otherwise be subjected
to discrimination, (3) that the Lessee shall use the premises in
compliance with all other requirements imposed by or pursuant to
Title 49, Code of Federal 2eg',1lations, Department of Transportation,
;ubtitie A, Office of the Secretary, ?art 21, Nondiscrimination in
Federally-assisted programs of the Department of Transportation--
Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
That in the event of breach of any of the above nondiscrimination
covenants, the Lessor shall have the right to terminate the lease and
to re-anter and repossesssaid laed and the facilities thereon, and
hold the same as if said lease had never been made or issued.
23) Lessee shall charge fair, reasonable, andinondiscriminatory
prices for each unit of sale or service; provided that the Lessee r,-,ay
be allowed to make reasonable and nondiscriminatory discounts, rebates,
and other similar types of price reduction to vol',!me purchasers.
This lease shall be noneexclesive and subordinate to the
provisions of any existing or future agreement between the Lessor alld
the United States, relative to the operation or maintenance of the ai
the execution of which has been or nay be required as a condition T,Y
to the expenditure of Federal fdnds for the development of the airpo;—,
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i , „The Lessor reserves ,g ho oo fsrtser dev e kip or inrcVe ,ho
iarhorj
uo
ar;ea of the airport as it sees fit, recarOless of the desires or -
views of the Lessee, and without interforenoe or hindrance.
31) The Lessor reserves the right to take any action it considers
necessary to protect the aerial apbrcaches of the airport against
obstruction, together with the right to prevent the Lessee from erecting
or permitting to be erecte, any building' or other structure on the
airport which, in the opinion of iohe Lessor, would limit the usefulness
of the airport or constitute a hazard to aircraft.
',°:HEREOF, the parties hereto have hereunto sat their hands
and seals the day and year first abcva written.
COUNTY OF OAKLAND, A Michigan
Constitutional Corporation, Lessor
and
Donald G."Blumenschien
D/3/A Hangar Servi .te-
OVED, EY RESOLUTION OF 7,7:F CPcLAL3 CONTY AIRPORT COMITTE.
#8570 August 3, 1978
Moved by Wilcox supported by Patterson the resolution be adopted.
AYES: Price, Simson, Wilcox, Aaron, Daly, DiGiovanni, Doyon, Fortino,
Gabler, Hoot, Kasper, Kelly, Lanni, McDonald, Moffitt, Montante, Moxley, Murphy,
Olson, Patterson, Perinoff, Pernick, Peterson. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was
adopted.
STATE OF MICHIGAN)
COUNTY OF '77.1,AND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a. sa.1, do hereby certify that I have compared the annexed copy of
M ce 1 1 aneou by. the. paklppc.i . courr.ty . Board..
Pp.1 ;c1. PP. ..41 9PX. )n8
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
this .. „ day of,.. „ l9.7.
Lynn D. Allen Clerk
Clerk