HomeMy WebLinkAboutResolutions - 1974.05.16 - 15253Frank Richardson, Chairman
May 16, 1974
RESOLUTION NO. 6683
RE: TERMINAL BUILDING RESTAURANT LEASE AND CONCESSION
AGREEMENT RENEWAL
BY: TRANSPORTATION & AVIATION COMMITTEE
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES & GENTLEMEN:
WHEREAS, by Miscellaneous Resolution No. 5298, dated February
19, 1970, the County of Oakland leased to Transcontinental Airlines
Systems, Inc., 2,580 square feet in the Oakland-Pontiac Airport
Terminal Building to provide food and beverage service to the
general public; and
WHEREAS, the present Lessee, Rinke Enterprises, Inc.,
successor corporation of Transcontinental Airlines Systems, Inc.,
added at its own expense, 2,976 square feet, bringing the present
total leased area to 5,556 square feet; and
WHEREAS, Rinke Enterprises, Inc. desires to renew the lease
for a term of ten (10) years; and
WHEREAS, your Transportation and Aviation Committee has
reviewed the terms of the new lease and recommends that the County
of Oakland enter into a lease with the Rinke Enterprises, Inc. in
accordance with the terms of the lease which is attached hereto.
NOW THEREFORE BE IT RESOLVED That the Chairman of this Board
be authorized to enter into a lease with Rinke Enterprises, Inc.
said lease to be for a term of ten (10) years at the rate of Ten
Thousand ($10,000.00) Dollars per year, and a percentage rent as
specified in the lease.
The Transportation & Aviation Committee, by Mr. E. Frank
Richardson, its Chairman, moves the adoption of the foregoing reso-
lution.
TRANSPORTATION & AVIATION COMMITTEE
er r erred -to as "Lessee."
TERMINTAB BUILDING RESTAUPT
LEASE AND OONCSSTON AP -7,2vENT
on the
THIS LEASE AND CONCESSION AGREEMENT, made and entered into
by and between THE COUNTY day of
OF OAKLAND, a Michigan Constitutional Corporation, hereinafter referred
to as Lessor," an d • Rinke Enterprises, Inc. a Michigan.
Corporation, Oakland County, Michigan hereina
WITNESSETH.
WHEREAS, the Lessor operates the Terminal Building on the.
Oakland-Pontiac Airport located in the •Township of Waterford, County' (
Oakland, and State of Michigan, hereinafter called the "Airport," and
WHEREAS, the Lessor owns . and operates a Terminal Building
designed to provide facilities for the purchase of food and
for the general public, and
WHEREAS, the Lessee is desirous of engaging in a restaurant
operation and represents itself to be capable of furnishing food of
high quality and at reasonable prices and to that end is desirous of
obtaining certain rights and privileges incidental thereto and
hereinafter:.set,forth, which rights and privilegesthe Lessor has
er to grant, -
NOW, THEREFORE, in consideration of these premises and
mutual covenants and agreements herein contained and other valuable
considerations, the Lessor does hereby lease and let unto the Lesse,
ne
ghts, serviceS and privil connection with the
square feet, more or less, 1 556
TOTAL A-REA - - -5
Lessee shall serve and dispense quality fo
square feet
square feet
and bevera
and Lessee does hereby hire and take from the Lessor, certain premises,
/
Airpo r t Terminal Building as follows, to-wit;
ARTICLE 1
LEASED AREAS
Lessee is granted the use of
of space in the Terminal Building on the Oakland-Pontiac Airp
described as follows; 1. Dining Room Area----3,538 square f
2. Kitchen Area-------- 469 square feet
3. Basement Storage Area 198 square feet
4. Storage Area--------- 420 square fee .,;
5. Lower Banquet Room
with adequate portions, and at prices comparable to those maintained
ther high quality restaurants in the Pontiac area
A77T(M7 TT
GENERAL DESCRIPTION OF THE CONCESSION
DINING ROOM, KITCHEN, AND NEWSSTAND FACILITY. The Lessee
shall have the right in the Terminal Building to operate a resturant
facility serving food and beverages, including alcoholic beve,
coffee shop and newsstand facility in the dining room area,
-"4'""
jL- Pe
The items permitted to be sold at the newsstand facility .
shall include items generally sold in general merchandise concessions
in airport terminal buildings including, but not limited to newspapers,
periodicals, tobaccos, greeting cards, postcards, gifts, books, jewelry,
photography supplies, drugs, cosmetics, soft goods of type
commonly sold at such concessions, including handkerchiefs, neckties,
scarves, gloves, and stockings, per, and otheritems as may be
mutually agreed to between the Lessor and the Lessee, from time to time;
provided that Lessor, acting through its Director of Aviation shall
;ay
have th lute discretion to prohibit and control sale of printed
matter which it may consider- not to be desirable for sale at such
location..
1N-FLIGHT MEALS. Lessee shall have the right to prepare and
sell in-flight meals for consumption aboard aircraft when anti if
ordered by airlines or corporate-owned aircraft-, provided that nothing
in this base shall be construed to give Lessee any exclusive
franchise or privilege with relation thereto, it being understood
that the operators Of said aircraft are not restricted by Lessor to
dealing with Lessee.
In connection with the preparation and sale of in-flight
meals -for aboar-;:,..ircaft, the Less ee. shall at Fal
comply with any and federal, state and local statutes,
ordinances, rules and regulations, and shall at its own exoense
secure any and all necess and licenses from fede-,
local authorities, as the case may be, prior to the
service of in-flight meals.
ARTICL7, III —
sta
METERING. The Lessor will provide water and cause metering
Tided for electricity and gas. - The Lessee shall pay its own
electric and gas bills at the regular established rates charged by
Detroit Edison Company and Consumers Power Company on separate meters
in addition to the rentals herein provided.
7111 supply heat at average temperature of 72°
during winter season and circulating fresh air when heat is n
required, at Lessor's expense.
WINDOW WASHING. Lessor will at its cost provide for w
of all windows on the outside only in Lessee's area at periodi
intervals , notand no less than six times Per year
AWITOTT,'
OBLIGATIONS OF LESSEE
Any additional equi pment necessary the proper operation of
the .restaurant in addition - to•the -.equipment furnished by the
-the inventory attached hereto, shall be•ptrohased by the Lessee who
shall pay the cost of maintenance of such equipment and who shall •
notify the Director of Aviation of all s uch additonal equipment
d with the equipment furnished by the Lessor,
agreed that all of the Lessee's equipment which may be purch.F.
11 - oe O. quality, safe, fire resistant, modern in
Lessor, Lessee shall furnish at its expense all ice equipment
operations
Ce ;
design, attractive in appearance, and shall harmonize with equint
furnished by the Lessor. The Lessee's equipment shall be approved
by the Director of Aviation before installation on the premises.
It is further agreed by the Lessee that the service r
to the loading dock, and the dock, are to be used in common with
others; service trucks or automobiles may park for unloading purposes
only, and then be removed immediately.
MAINTEYANCE 07 EQUIPMEN The Lessee agrees, at all tim
to maintain and keep in first-class condition, the Lessee's so -le
exPens',, all equipment furnished 'DI the Lessor, in thing equi:
owned by the Lessee, If Lessee. fails to do so, the Lessor shall.
hire the main lance performed, and char -,......,,,e Les the total
cost of such work. If not paid by the tenth of the following month, ,
it will, be considered caus cancellation of the lease.
Except as herein specifically set forth to be furnished 1
of every sort (such as silver, linen, glassware, crockery and
ute2.sils) which may be lirsad for use in Lessee'
t shall
le to all property of every sort which may be installed:
by Lessee as a replacement for property furnished by Lessor or in
addition to property furnished by Lessor under the terms of this
ag .::er:,7ent shall immediately vest in Lessor after its installation.
Title: to all fixtures shall he vested in Lessor and shall remain in
the leased premises at the ,conclusion of the lease.
prior approval from the L ore installing at their ex.pense- be
1 1 .7 DP:.
- its personal used on or Lessee agrees to_keeL, pa-scnal property
about the leased premi free and clear, of all liens and in the •
event that any claims of lien are filed against such property
remove the same within ninety (90) days after the same may be
filed or to provide Lessor with a bond in sufficient amount and on
terms acceptable to Lessor, uaranteeing the removal of such lien,.
Lessee agrees that it will adopt and use decorating schemes
and motifs in harmony with the design and architectural treatment
of the Terminal Building and will submit the same, including any
Pro?osed changes wherein, to the Director of Aviation for approval
brior to instaiiaLio.,1.
ELECTRICAL AND PLT=TNG CHANGES. Lessee shall obtain
in Lessee's areas any equipment which will require neweleotr:"
plumbing connections or chan c es in those installed in said
areas as of the initial date of this contract.
DECORATION AND REDECORATION Lessee shall at their sole
expense do any and all redecorating of the Lessee's areas other -
than the initial decorating, provided that redecoration shall_
••
Director, of Aviation, ' Initial decorat'.-:' all
redecoration shall be subject to approval of Lessor,
HOURS OF OPERATION. Lessee shall keep the Dining Room ,
open for breakfast, lunch and dinner service to the public at least
on the average of ten (10) hours per day, seven (7) days
United States, the St
of Waterford, and all
f Michigan, County of Oakland .'72 .--shic •
.hea l th rules and regulations, and 1 4
an
, ,
• • on a stanc,,lar equal to tha,i': eI V.t"
staurant operations at comparab le loces:-.i
shall be clean, courteous, efficie nt and nea , in ee emn i
wdth adecuate service to meet public demand, in no e vent shall the
hours of operation be curtailed to an extent that the service con -•
tJsTrlated under this contract shall be diminished. However, subject
to ,Jeather conditions, winter season, air traffic conditions,
the hours of operation of the concession may be adjusted by mutual
agreement Lesso r and Lessee-
Lessee shall, at all times, comply with the Federal Pure Food
and Drug. Laws and other applicable laws and regulations of the
t h e s-v,ae's s and - , rtlations governing the operation of the 7"-;r-or-i-
LESSE P]'S Lessee shall at all times r (
active, qualified, competent and experienced manager
the concession operations and authorized to represent and act for the
Lessee' • in matters pertaining to the day -by-dav - operation of the
concession.
L7SSFE, EMPLOYEES S 7 RVT cE„ s . Lessees 0-a a erv4 ce a shall be
clean, courteous, efficient and sufficient in (Tuantity.
Lessee shall at all times provide personnel sufficient to
Al? restaurant employees shall wear uniforms, Lessee shall not
employ any person or _persons in out the Lessee 's ar eas who shall
use improper language or act in a loud or boisterous or at:-
--7-
Improper manner. Upon written notification by thE SS0.147 to t,
or about tj ato__„In ,- t- 4, to -„a ,"
the sole be performed — r the Lessee.
Class 'C" Liquo License.
ermits
Lessee shall pay and electric current
she OPV
tnat person e ployed by Lessee at ie-e ,s T---c-'e ."'n1C - " .1111
disorderly, or otherwise unsatisfactory, the Lessee shall,
within twenty.,--four (24) hours, • remedy the situation to Lessor's -
satisfaction and fling that the employee shall be removed from
service at the Airport and shall not
- Lessee at the Airport without consent of the Lessor.
TRASH AND aARDAGE, Lessee shall provide at its sole expense
a complete and proper arrangement for the adequate sanitary handling
and disposal, away from the Airport, of all trash, garbage, and other •
refuse caused as a result of the operation of the concession, Lessse
shall provide and use suitable covered metal receptacles of all gar-
bare, trash, and other refuse on or in connection with the Lessee's
areas. Piling of boxes, cartons, barrels or other similar.ite , in -
Such oblir a lha
.3-ain be trained or empl
TS BORNE BY LESSEE •Except as hereinabove provided, Lessee
shall boar at its own expense all costs of operating the concession,
including any and all tax xcept as hareinabove provided,
at the rates applicable for such services, all in addition to the
rentals otherwise Provided for herein,
Lessee shall pay all taxes and assessments levied or
on the leased
said premises,
_2_
mises and the Lessee's personal property locate,f,
PUBLIC ADDRESS SYSTEM.. Lessee shall permit the installation
in its premises of the airport public address system and the recep-
tion within its premises of flight announcements and other information
broadcast over that system.
RECORDED MUSIC. Lessee may at its sole expense, provide
recorded music subject to approval of the Director of Aviation.
RTICLE V -
REMODELING
Lessee agrees that it will remodel the banquet room area in
the basement of the terminal building', such remodeling shall be com-
pleted not later than one (1) year after the execution of this lease.
Lessee agrees that the remodeling of the banpuet room area will be done
in accordance with the plans and specifications approved by the lessor.
Such approval by the lessor shall be in writing.
ARTICLE VI
QUALITY AND PRICE CONTROL _
In 'entering into this concesSion in the Terminal Building at
the Oakland-Pontiac Air-port, the .Lessor has foremost in m:Ind provid-
in7 the public and the air traveer with restaurant facilities of
high qualtty. To accomplish this, the Lessee shall serve and dis-
pense nigh quality foods with adequate portions and at prices compar-
able tn those maintained at ocher high quality restaurants in Oakland
County. The Lessee's initial price, quality and portion schedules
will be subject to approval by the Les'sor prior to the beginning
of operations, and at any tine thereafter.
ARTICLE VII
TEft
Lessee shall have full authority to use said premises and
facilities and to exercise the rights, licenses, and privileges
set forth - herein for a term of ten (10) years commencing on the
date of the execution of this lease •
Lessee shall hare the option to renew this Lease prior to
the expiration thereof for a period of five (5) years -upon the sar.,1
terms and conditions. Notice of election to renew hereunder by
Rinke Enterprises, Inc. (or its heir's legal representatives,
successors, and assigns) shall be in writing and given to the
Director of Aviation at least (60) days before the expiration of
this Lese.
Lessee shall have the option to a second renewal of this -
H:..r?bf toe five such
to -f-ms :?nd'conditioz .s Ecs may -bo agree Ift.fl by the baq'tke,
ARTTCL:7 VTTT
{:3 r 11:ILL1 _L
Lessee, in consideration of the leasing of the premises, •
fecilit Lee, rights, 1ff ceoses, sore Lees and pci i?egee, and the
f,
-shail be -financed Selal
ENTAGE RENT
brformance v Lessor of the covenants and agreements herein
provided to be
rent to Lessor,
MINIMUM PENT
)erformed by it, hereby covenants and agrees to pay
as follows:
Commencing with the date of the executionof this Lease, the
Lessee shall pay to t Lessor a minimum rent annually of Ten
Thousand ($10,000,00) Dollars. Up to one-half (1/2) of the annual
rent may be deducted as credits until she .Lessor's share of the -
costs of the restaurant addition and banquet room area remodeling
cost ispaid, In no event shall the total ei,st to the Lessor
exceed Forty Thousand ($40,000,00) Dollars. The parties agree
-hereto that the Lessor's participation in costs shall be limited
to construction of the walls, roorf,floor, utilities, heating and
air conditioning of the restaurant addition heretofore completed
Pursuant to Article V of a lease dated the 27th day of February,
1979 and the lower banquet room area remodeling referred to in this
Lease,
Parties further agree that any cost beyond. Forty Thousand
((40,00000) Dollars for all the remodeling herein referred t
he Lessee.e
Except as hereinafter otherwise provided in this Lease, for
each and every year or fractional year during the term of this Lease
and any extension thereof, Lessee shall pay to Lessor, in addition
to the Minimum Rent, a sum of money (herein referred to as Percentage
ii
8 i
Rent) computed and determined by deducting the Minimum Rent for
each respective year or fractional year from a sum of money com-
puted upon the following respective percentages of Lessee's_ total
Gross Receipts during such year or fractional year:
Food and Mon-Alcoholic Beverages (excluding sales by
Vendin Machines Operated by anyone other than Lessee)•
3% of Gross Receipts up to $100,000
5% of Gross Receipts over $100,000 to $300,000
7% of Gross Receipts over $300,000 -
c Beverages
8% of Gross Receipts up to $100,000
9% of Gross Receipts over $100,000 to - $200,000
10% of Gross Receipts over $200,000
Merchandise (excludinRr, sales by Vending Machine
operated by anyone other than Lessee)
8% of Gross Receipts from Tobacco products,
newspapers, magazines.
Vending Machines crated by other than Lessee
Lessee shall pay to Lessor as additional Percentage
Rent one-half of the net amount received by Lessee
from third parties in payment for the privilege of
operating such vending machines.
Any provision of this Lease to the contrary notwithstanding,
the Percentage Rent hereinabove provided to be rla, in this ArticMle
T11 MP adjusted - aS_provided -by the fO1 7 1 -- g formula: -
If any year of thiS Lease, hr fractional- year, the total
amount arrived at by applying the percentages set forthabove is
s than the total dollar amount of the Minimum Rent provided
to be paid for such year or fractional year, the dollar amount by
lc?
which it is less shall paid by the e to the Lessor not later
months of _operand d the 'end of each three (3)• month period
thereafter, and shall be based upon repo: urnished ssea to 7
an audit certified to by an officer Lessee, showing Lessee's . Os
year to such kj.duL—f ,c,. greater sum than would have been pays under
the provisions hereof for said portion of such Lessee shall ear
rental, s.'"-.sec-u:-,ntiv falling due.
in h .:7Na at any.
have the bo,)ks and records <7,4Z7,s thereafter
due by such audit shall be paid- to . i witnn thirtl Less (30)
than the thirtieth (30th) day following the end of the first three
(3) months of operation and at the end of each three (3) month
period thereafter.
All Percentage Rent provided to be payable hereunder for
• a year or fractional year Shall be payable quart not later than
(3) the thirtieth (30th) day following the end of the first three
Lessor with such payments. Lessee shall furnish to Lessor annually
within ninety (9 days after the end of any year or fractional year,
Gross Recep,„.s during one preceding yea„ the amount UL any cumu-
rior deficiency in Percentage Rent, and the net Percentage
Rent, if any, owing hereunder for such year, Provided that, ii at the
o.
end of any be determined that Lessee has paid for said .
hs's credit for such excess payment against the rental, including
;:-Iwo (2)
audited -
during reasonable hours. Any additional Percentage Rent found
and shall bear interest at ,-• percent per
—13—
arcunt of all sales made and servi formed, but not to inclu de
sand, Two Hundred Fifty Dolla 1,250) as a security e-posit ,
15 GD LIQ 57
annum from the date such payment was due until oaid- and if
Lessee has overpaid such rent, Lessee shall deduct such excess
from the rent next falling due.
Lessee shall maintain 'records of its Gross .Receipts at
a place accessible to the Lessor. . Such records shall be main-
tained period of least twenty-seven(27) months following
the end of the rent year and shall be made available to Lessor,
acting through its Director of Aviation; for audit or review on
request during usual business hours.
The term "gross receipts", as used herein shall be
, - conscr,Led ec mean, for all the purposes hereof, the aggregate -
sales tax due or paid the Michigan Department of Revenue.
DOS IT
ssee has deposited with the Lessor the sum of One Thou--
ARTICLE Ix
acreeS to lication to the Mich". Liquor Control
to include the :I cc as an additional Licensee on its Class "C"
Ligruor License for the Oakland-Paatiac Airport.
It is agreed between the parties hereto that the:Lessee
shall acquire no right, title or interest in or to the said Cl -
iT;" Liquor Lics
-1 4-
Class "C "1-,1107- License, Lessor may at its op n n thirt ion L.
County agrees to over to the Lesse pay
amounts due and owing to the Coun
.7
ARTICLE x
OR DESTRUCTION OF DRITS'F'S
If the premises leased to the Lessee are partially clamaged by
, explosion, the elements, the public enemy, or ( her casualty, but
due diligence by the Lessor at its own cos th. expense
L.
. It is agreed that if, for any reason, the Michic.an Licuor Control
Ission refuses to add Lessee as an adaItional licensee on . the Lessor's
ud.y notice to Lessee, cancel this Lease.
It i furthe r d by th Lessee that upon termination of the
2\qesrcent for any reason, the Lessee, its successors and assigns, shall
he County,_ its interest in the Class "C" • ressiqn
to such .party
reassignment,
deposit less
reassignment,.
parties as the County sha w l designate.
quay License, or.
Prior to such
e its original
tire of such
not rendered untenantable, the same shall be repaired with due
diligence by the Lessor at its own cost and expense If the
shall be so extensive as to render such premises untenantable,
• , C.:';'70.0 0 f :othrg .-L7aDaiva In thi y (30) days, the sa7e shall be
aand the i -ehe oay ---able herein shall be proportionately paid up to tde1
- • (.-Ljdam e and th er mIte r .
premises are f ully restore d ,:n the ,
destroyed by fire, explosion, the elr7=s, the public enemy or other
cF1sualtv, or so damaged that they will remain untenantable for more
.thrl thirty (30) days, the Lessor shall be under no oblige -ion to
repair and reconstruct the premises, and commission payable herE,undr
.shall be proportionately paid up to the time of such damage or
destrucbion and shall heneetf&rth cease until such time as th-T-f
premises may be fully ored. If within twelve (12) months after
the time of such damage or destruction said premises shall . not have
been repaired or reconstructed, Lessee - may give the Lessor written
tice of its intention to cancel the agreementin its entirety as
of the date of such damage or destruction.
Lessee shall be responsible for damage to the premises,
including the breakage of glass, caused by the acts of its agents,
employees, patrons, or other persons under its direction and control.
Lessor and Lessee agree that each forfeits any right of action
that it may later acquire against the other of the parties to the
agreement for loss or damage to its property or to property in which
it may have an interest, where such loss is caused by fire or any of
the extended coverage hazards and arises out of or is connected with
the leasing of the premises.
ARTICLE ITT
FIRE AND EXTENDED COVERAGE INSURANCE
Lessees shall procure and keep in force fire and extended .
boveraginsurance unort 1-7,nr 717prnvemets-,•busi .nes
tures, equi0Ment, fwrncit -w..--- and furnishings to thefu -LI -In5urat'le
.,value thereof and shall furnish the Lessor With evidence that such
coverage has been procured and is being maintained in full force
and effect.-
rl
ARTICLE XI
INDENNITY
The Lessee does hereby covenant and agree to indemnify and •
save harmless the Lessor from all fines, suits, claims,. demands and
actions of any kind and nature by reason of any and all of its
negligence in conducting operations and do hereby agree. to assume
all risks in the operation of its business hereunder and shall be
solely responsible and answerable in damages for any and all accidents
or injuries to persons or property caused by the negligence of Lessee,
its employees and agents,
Lessee shall maintain with insurance underwriters satisfactory
to the Lessor a standard form policy or policies of insurance in
such amounts as may from time to time be approved by the Lessor
protecting both the the Lessee and the Lessor against public liabil-
ity, products liability, lipuor liability and property
Lessee shall promptly, after the execution of this agreement, furn-
ish such policy or policies for Person Injury growing out of any one
the sum occurrence il of $250,000 per person and $500,000 growing
out of any one casualty and Property Damage of $250,000 per occurrence
• - and $250,000 aggregate. Lessee shall :furnish a certift6,,te from the
„ircurc ..-H-,‘ler or car-7i._ such - be Th Aull
force and. effect during the term of this contract, or to Pc!
copies of the policies which give this coverage, with the Lessor.
If certificates are provided, a thirty (30) day notice of cancella-
tion shall be given,
-17-
?. S C,
ARTICLE XTTT
INSPECTION
The Lessee shall allow the Lessor's authorized representatives
access to the premises leased to Lessee, at all reasonable hours,
for the purpose of examining and inspecting said premises, for
purposes necessary, incidental to or connected with the performance
of its obligations hereunder, or in the exercise of its governmental
- functions.
The Lessee agrees that the Lessor's Director of Aviation is
authorized, at any time, to inspect the Lessee 'S operation for
cleanliness, condition of equipment, prices,, quantity and quality
of food, services and hours of operation. If not satisfactory,. the
Director of Aviation shall notify the Lessee, in writing, to correct
any unsatisfactory conditions immediatelY. If the condition is
not corrected within a reasonable period of time after notification
the Lessor may terminate this Lease by a thirty (30) day written
notice of cancellation.
• ARTICLE XIV
ASSIGNMENT AND SUBL E TTING
The Lessee shall not assign, transfer, sr..blease, pledge,
hypothecate, surrender or otherwise encum_ber or dispose of this
Lease or any estate created by this Lease, or any interest in any
portion of the same, or permit any other person or Persons, company
or cor,eoration to occupy these prem=ises, without the written consent
of the Lessor being first obtained.
-1 8-
All the covenants, stipulations and agreements in this Lease
shall extend to and bind the heir's legal representatives, Suc-
cessors and assigns of the .respective 'parties hereto.
ARTICLE NV
SIGNS
The Lessee shall have the right to install or cause to be
installed and operate ,appropriate signs in said Terminal Building
and near the entrance(S) to the Airport on Highland Road to adver-
tise the said restaurant and concessions. The cost of such install-
ation and operation shall be borne by Lessee. , Lessee shall not
erect, install, operate 02 -cause or permit to be erected, installed
or operated in or upon the premises herein, the Terminal Building,
any sign or other similar device for advertising without first
having obtained the Lessor's written consent thereto.
ARTICLE XVI
REPET,IVER
uTalawful or offensive use of said p:
- and will at the expiration.of .the term hereof or uon- any earlier
termination thereof, as hereinafter provided, quit and deliver
said premises to the Lessor and those having their estate in the
premises, peaceably, quietly -,. and in as good, order and condition,
reasonable use and wear thereof, fire and 'unavoidable cause excepted,
as the same now are or may hereafter be placed by the Lessee or the
LPssor.
O.
_ARTICLE XVII
ROILING OVER
In the event Lessee shall hold over and remain in possession
of the premises herein leased after the expiration of this ar..u1t•
without any written renewal thereof, such holding over shall not be
- deemed to operate as a renewal or extension of this agreement, but
shall only create a tenancy from month to month which may b cc rm
mated at any time by the Lessor on giving thirty (30) days notice
ARTICLE XVIII
NON-WATV7R
Any waiver of anybreach of covenants heroin contained to be
kept and performed by the Lessee shall not be deemed or considered
as a continuing waiver and shall not operate to bar Or prevent the
Lesson from declaring a. forfeiture for any succeeding: breach either
of the same condition or covenant or otherwise,
ARTICLE XIX
DEFAULT
is agreed, that if the Lessee . shall .neglect-or fail to pay
1-c--;-,n, and e or is a am
. to ray same for a period in excess of thirty (30) days, then this
Lease shall be subject to cancellation and become .void and the
• rights of the Lessee terminated hereunder at the option of the
• Lessor.
It is further agreed that should the Lessee be adjudicated
a bankrupt or insolvent according to law, the Lease shall hecc-
r • sto
,
vela,
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 thirty (30) days after written
notification from the Lessor .through its Director of Aviation, then
this Lease shall be subject to cancellation and become void, and
the rights of the Lessee terminated hereunder at the option of the
Lessor.
ARTICLE X.X
GENERAL PROVISIONS
TheLessee shall furnish good, 'prompt and efficient service
adequate to meet all the demands for its service at the Airport.
Lessee shall furnish said service on a fair, ecival and
nondiscriminatory basis to all users thereof. Lessee will not on
the grounds of race, sex, religion, or national origin discriminate
or permit discrimination against any person or group of persons in
any manner as referenced in Part 21 of the Regulations of the office
of the Secretary of Transportation (D,O.T.); it is further under-
N agreed tbat the lessor shall have the rig to take such
- this obliga-
Lessee shall -charge fair, reasonable and nondiscriminatory
prices for each unit of sale or service; provided that the Lessee
may be allowed to make reasonable and nondiscriminatory discounts,
rebates, and other similar types of price reduction to volume
• purchasers.
This_ Lease shall be nonexclusive and subordinate to the
provisions of any existing or future agreement between the Lessor
and the United States, relative to the operation or maintenance of
the airport, the execution of which has been or may be required as
a condition precedent to the expenditure of Federal funds for the
development of the airport.•
The Lessor reserves the right to further develop or improve
the landing. area of the airport as it sees fit, regardless of the
desires or views of the LesSee, and without interference or hindrance -
The Lessor reserves the right to take any action it considers
necessary to protect the aerial approaches of the airport against
obstruction, together with the right to prevent the Lessee from
erecting or permitting to be _erected, any building or other struc-
ture on the airport which, in the opinion of the Lessor, would limit
the usefulness of the airport or constitute a hazard to aircraft.
ARTICLE XXI
r PT
•Therparagraph'headings'pontained :herein are for conveni7r -
in reference - and are not intended to define or limit the scope of
• any provision of this Lease.
ARTI
INVALID PROVISIONS
In the event that any provision herein contained is held to
-22
be invalid by any court of competent jurisdiction, the invalidity
of such provision shall not affect the remainder of the Lease.
ARTICLE XXIII
INTERPRETATION OF LEA:
Nothing of this Lease shall be construed or interpreted
in any manner whatsoever aslimiting, relinquishing, or waiving
- any rights of ownership enjoyed by Lessor in the Airport Property,
or in any manner waiving or limiting its control over the operation,
maintenance, etc., of Airport property or in derogation of such
governmental rights as Lessor possesses, except as is specifically
provided for herein.
ARTICLE XXIV
NOTICES
Notices to Lessor, provided for in this agreement shall
be Sufficient if in wirting and mailed, postage prepaid, addressed
to Airport Terminal Building, Director ofAviation, or to such
.$)thr::-address as Pay have Pecti designatea. in -writing frOt tjme Cc -
tide and 1-oticeS_to Lessee F.'cuall be sufficient if in wiriting
and mailod, Postage 'prepaid, addressed -to-Ray Rinke, 661 Kingsley
Trail, Bloomfield Pills, Michigan, 48013,
-2-
TN WITNESS WHEREOF, the parties here t o have hereuutoset
their hands and seals the day and year first above w2itten.
WITNESSES:
'COUNTY OF OAKLAND ,a Michigan
Constitutional Corporation,
Lessor
By:
RINKE ENTERPRISES, INC., a
Michigan Corporation, Less
Raymond P. Rinke, PresidOW:.
r
RfT-11(e.,-7-7.31:dent
Amproved as to Form:
#6683 May 16, 1974
Moved by Richardson supported by Gabler the resolution be adopted.
AYES: Douglas, Dunleavy, Gabler, Hobart, Houghten, Kasper, Lennon,
Mathews, Moffitt, Montante, Nowak, Patnales, Pernick, Quinn, Richardson,
Vogt, Walker, Wilcox, Berman, Burley, Button, Coy, (22)
NAYS: Hoot. (1)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Resolution 0683 adopted by the Oakland County Board of Commissioners
at their meeting held on May 16, 1974
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
74 this....„....... 17th........day
Lynn D.
By.................................Deputy Clerk