HomeMy WebLinkAboutResolutions - 1970.02.19 - 16429TERMINAL BUILDING RESTAVRANT
LEASE AND CONCESSION AGREEMENT
on the
THIS LEASE AND CONCESSION AGREEMENT, ma (e and entered into
27th day of.Ie:LELIAELL117.22_i by and !etween THE COUNTY
OF OAKLAND, a Michigan Constitutional Corporatior hereinafter referred
to as "Lessor," and TRANSCONTINENTAL AIRLINES SYE EMS, INC., a Michigan
Corporation, Oakland County, Michigan hereinafte referred to as "Lessee."
WITNES SETH
WHEREAS, the Lessor operates the Terminal Building on the
Oakland-Pontiac Airport located in the ToWnship of Waterford, County of
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 beverages, for
the general public, and
WHEREAS, the Lessees are desirous, of engaging in a restaurant
operation and represent themselves to be Capable of furnishing food of
high quality and at reasonable prices and to that end are desirous of
obtaining certain rights and privileges incidental thereto and
hereinafter set forth, which rights and privileges the Lessor has
power to grant,
NOW, THEREFORE, in consideration of these premises and of the
mutual covenants and agreements herein contained and other valuable
considerations, the Lessor does hereby lease and let unto the Lessees,
and Lessees do hereby hire and take from the Lessor, certain premises,
facilities, rights, services and privileges in connection with the
Airport Terminal Building as follows, to-wit:
ARTICLE 1
LEASED AREAS
Lessee is granted the use of 2,580 square feet, more or less,
of space in the Terminal Building on the Oakland-Pontiac Airport,
described as follows: 1. Dining Room Area 919 square feet
2. Kitchen Area- ------- 469 square feet
3. Basement Storage Area 198 square feet
4. Garbage Storage Area 63 square feet
5. Banquet Room Area--------931 square feet
TOTAL AREA----2,580 square feet
Lessee shall serve and dispense quality foods and beverages
with adequate portions, and at prices comparable to those maintained
at other high quality restaurants in the Pontiac area.
ARTICLE I
GENERAL DESCRIPTION OF THE CONCESSION
DINING ROOM, KITCHEN, AND NEWSSTAND FACILITY. The Lessee
shall have the right in the Terminal Building to operate a restaurant
facility serving food and beverages, including alcoholic beverages,
coffee shop and newsstand facility in the dining room area.
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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,
toys, photography supplies, drugs, cosmetics, soft goods of type
commonly sold at such concessions, including handkerchiefs, neckties,
scarves, gloves, and stockings, perfumes, and other items 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
have the absolute discretion to prohibit and control sale of printed
matter which it may consider not to be desirable for sale at such
location.
IN-FLIGHT•MEALS. The Lessees shall have the right to
prepare and sell in-flight meals for consumption aboard aircraft when
and if ordered by airlines or corporate-owned aircraft, provided that
nothing in this base shall be construed to give Lessee any exclusive
right, 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 consumption aboard aircraft, the Lessees shall, at all
times, comply with any and all federal, state and local statutes,
ordinances, rules and regulations, and shall at their own expense
secure any and all necessary permits and licenses from federal,
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state, and local authorities, as the case may be, prior to the
service of in-flight meals.
ARTICLE III
METERING. The Lessor will provide water and cause metering to
be provided 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.
Lessor will supply heat at average temperature of 72 0
during winter season and circulating fresh air when heat is not required,
at Lessor's expense,
WINDOW WASHING. Lessor will at its cost provide for washing
of all windows on the outside only in Lessees' area at periodic
intervals, and not less than six times per year.
ARTICLE IV
OBLIGATIONS OF LESSEE
Any additional equipment necessary for the proper operation of
the restaurant in addition to the equipment furnished by the Lessor in
the Inventory attached hereto, shall be purchased by the Lessee who
shall pay the cost of maintenance of such equipment and who shall
notify the Director of Aviation of all such additional equipment
commingled with the equipment furnished by the Lessor. It is further
agreed that all of the Lessees' equipment which may be purchased or
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added shall be of high quality, safe, fire resistant, modern in
design,attractive in appearance, and shall harmonize with equipment
furnished by the Lessor. The Lessees equipment shall be approved
by the Director of Aviation before installation on the premises.
It is further agreed by the Lessees that the service road
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.
MAINTENANCE OF EQUIPMENT. The Lessee agrees, at all times,
to maintain and keep in first-class condition, at the Lessees' sole
expense, all equipment furnished by the Lessor, including equipment
owned by the Lessee. If Lessee fails to do so, the Lessor shall
hire the maintenance performed, and charge the Lessee for the total
cost of such work. If not paid by the tenth of the following month,
it will be considered cause for cancellation of the lease.
Except as herein specifically set forth to be furnished by
Lessor, Lessee shall furnish at its expense all service equipment
of every sort (such as silver, linen, glassware, crockery and
utensils) which may be required for use in Lessee's operations
hereunder. Title to such service equipment shall remain in Lessee.
Title to all property of every sort which may be installed
by Lessee as a replacement for property furnished by Lessor under
the teruis of this agreement shall imtediately vest in Lessor after
its installation. Title to all fixtures shall be vested in Lessor
and shall remain in the leased premises at the conclusion of the lease,
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Lessee agrees to keep its personal property used on or
about the leased premises free and clear of all liens and in the
event that any claims of lien are filed against such property to
remove the same within ninety (90) days after the same may be
filed or to provide Lessor with a bond in suffcient amount and on
terms acceptable to Lessor, guaranteeing 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
proposed changes wherein, to the Director of Aviation for approval
prior to installation.
ELECTRICAL AND PLUMBING CHANGES. Lessees shall obtain
prior approval from the Lessor before installing at their expense
in Lessees' areas any equipment which will require new electrical
or plumbing connections or changes in those installed in said
areas as of the initial date of this contract.
DECORATION AND REDECORATION. Lessees shall at their sole
expense do any and all redecorating of the Lessees' areas other
than the initial decorating, provided that redecoration shall
be undertaken in a manner approved by Lessor acting through the
Director of Aviation. Initial decoration and all subsequent
redecoration shall be subject to approval of Lessor.
HOURS OF OPERATION. Lessees 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 per week,
with adequate service to meet public demand. In no event shall the
hours of operation be curtailed to an extent that the service con-
templated under this contract shall be diminished. However, subject
to weather conditions, winter season, or air traffic conditions,
the hours of operation of the concession may be adjusted by mutual
agreement of Lessor and Lessees.
Lessees shall, at all times, comply with the Federal Pure Food
and Drug Laws and other applicable laws and regulations of the
United States, the State of Michigan, County of Oakland, Township
of Waterford, and all applicable health rules and regulations, and
the rules and regulations governing the operation of the Airport.
LESSEES MANAGER. Lessees shall at all times retain an
active, qualified, competent and experienced manager to supervise
the concession operations and authorized to represent and act for the
Lessees in matters pertaining to the day-by-day operation of the
concession.
LESSEE EMPLOYEES AND SERVICE. Lessees service shall be prompt,
clean, courteous, efficient and sufficient in quantity.
Lessee shall at all times provide personnel sufficient to
operate the leased facilities on a standard equal to that maintained
by comparable restaurant operations at comparable locations. Lessees'
employees shall be clean, courteous, efficient and neat in appearance.
All restaurant employees shall wear uniforms. Lessees shall not
employ any person or persons in or about the Lessees' areas who shall
use improper language or act in a loud or boisterous or otherwise
of the concession, including the Class Liquor License which the County
improper manner. Upon written notification by tfte Lessor to the Lessees
that any person employed by Lessees at the Airport is, in Lessor's opinion,
disorderly, unsanitary, or otherwise unsatisfactory, the Lessee shall,
within twenty-four (24) hours, remedy the situation to Lessor's satisfaction
and failing that the employee shall be removed from service at the Airport
and shall not again be trained or employed by Lessees at the Airport
without consent of Lessor.
TRASH AND GARBAGE
Lessee shall provide at its sole expense a complete and proper arrange-
ment 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. Lessees shall provide and use suitable covered metal
receptacles of all garbage, trash, and other refuse on or in connection
with the Lessees' areas. Piling of boxes, cartons, barrels or other
similar items in or about the aforesaid premises is forbidden. Such
obligations shall be performed at the sole cost of Lessees.
COSTS BORNE BY LESSEES
Except as hereinabove provided, Lessees shall bear at their own
expense all costs of operating the concession, including any and all taxes,
and except as hereinabove provided, shall pay for and obtain all permits
and licenses required by authority of law in connection with the operation
is in the process of securing in cooperation with the Lessees. Lessees
shall pay for gas and electric current 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 assessed on the
leased premises and the Lessee's personal property located on said premises,
PUBLIC ! RESS SYSTEM. The Lessees shall permit the install-
ation in their premises of the airport public address system and the
reception within its premises of flight announcements and other
information broadcast over that system.
RECORDED MUSIC. The Lessee may at its sole expense, provide
recorded music subject to approval of the Director of Aviation.
ARTICLE V
REMODELING OF RESTAURANT AND KITCHEN AREA AND BANsUET ROOM AREA,
RESTAURANT AND KITCHEN AREA. The parties hereto agree that
renovation of the restaurant and kitchen area on the first
floor of the Terminal Building shall be done generally in
accordance with Plans and Specifications entitled "The Voyager
Restaurant and Lounge," dated October 14, 1969, attached hereto
and designated as Exhibits
Lessor agrees that it shall award contracts for the work
subject to the proposed contractor and costs being approved by
Lessee prior to award of the contract.
Parties hereto agree that the County participation shall not
exceed $30,000 and any necessary cost of remodeling beyond $30,000
will be financed solely by Lessee. Lessee will deposit with the
Lessor all funds Lessee is required to pay for remodeling work before
award of the contracts for remodeling.
Lessee agrees that remodeling shall include an entrance at
the east end of the Terminal Building to be constructed comparable
with the main entrance. This portion of the remodeling will include
moving a portion of the fence presently abutting the east side
of the Terminal Building, constructing sidewalks, and other
necessary improvements as mutually agreed.
BANQUET ROOM AREA.
Lessee agrees that it will remodel the Banquet Room area
in the basement of the Terminal Building. Such remodeling shall
be commenced not later than one year after the execution of this
Lease, and completed not later than eighteen (18) months after the
execution of this Lease.
Lessee agrees that remodeling of the Banquet Room area
will be done only in accordance with the Plans and Specifications
as approved by Lessor.
The parties hereto agree that the cost of construction and
fixtures in the Banquet Room area which would otherwise be borne
by the Lessor under this agreement may be deducted from revalues
f the Banquet Room area only,
Such credits shall be in accordance with the same percentage
rent schedule as in effect in this Lease; but such credits shall
not be considered a part of the minimum annual rent.
ARTICLE VI
2TALLEIELIMILETEEM
In entering into this concession in the Terminal Building
at the Oakland-Pontiac Airport, the Lessor has foremost in mind
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Lessee shall have the option to a second renewal of this
Lease prior to the expiration thereof for five (5) years upon such
terms and conditions as may be agreed upon by the parties hereto.
ARTICLE VIII
RENT
Lessee, in consideration of the leasing of the premises,
facilities, rights, licenses, services and privileges, and the
performance by Lessor of the covenants and agreements herein
provided to be performed by it, hereby covenants and agrees to pay
rent to Lessor, as follows:
MINIMUM RENT
Commencing with the first day of the month following the
date on which all improvements to be provided by Lessor hereunder
are completed and made available to Lessee, Lessee shall pay to
Lessor a Minimum Rent annually for the first year of operation,
Three Thousand and Five Hundred Dollars ($3,500); for the second
year of operation, the Minimum Rent annually shall be at the rate
of Four Thousand Dollars ($4,000); and for the third year of operation
and subsequent years the Minimum Rent annually shall be at the
rate of Five Thousand Dollars ($5,000.)
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PERCENTAGE RENT
Except as hereinafter otherwise provided in this Lease,
for each and every year or fractional year during the teLm 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 Rent") computed and detelmined by deducting the
Minimum Rent for each respective year or fractional year from a
sum of money computed upon the following respective percentages
of Lessee's total Gross Receipts during such year or fractional year:
Food and Non-Alcoholic Beverages (excluding Sales by
Vending Machines Operated by Anyone Other than Lessee)
370 of Gross Receipts up to $50,000
47 of Gross Receipts over $50,000 to $100,000
57 of Gross Receipts over $100,000 to $150,000
67 of Gross Receipts over $150,000 up to $250,000
770 of Gross Receipts over $250,000
Alcoholic Beverages
87 of Gross Receipts up to $50,000
970 of Gross Receipts over $50,000 up to $100,000
1070 of Gross Receipts over $100,000
Merchandise. (excluding sale$ by Vending Machines
Oeratedl...2a_A_y_.noneOnernLessee) _
870 of Gross Receipts from tobacco products,
newspapers, magazines.
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!nMachinesfpe ated y 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 paid in this Article
will be adjusted as provided by the following formula:
If in any year of this Lease or fractional year the
total amount arrived at by applying the percentages set forth above
is less than the total dollar amount of the Minimum Rent provided
to be paid for such year or fractional year, the dollar amount by
which it is less shall be paid by the Lessee to the Lessor not later
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 quarterly not later than
the thirtieth (30th) day following the end of the first three (3)
months of operation and the end of each three (3) month period
thereafter , and shall be based upon reports furnished by Lessee
to Lessor with such payments. Lessee shall furnish to Lessor annually,
within ninety (90) days after the end of any year or fractional
year, an audit certified to by an officer of Lessee, showing
Lessee's Gross Receipts during the preceding year,
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the amount of any cumulated prior deficiency in Percentage Rent,
and the net Percentage Rent, if any, owing hereunder for such year.
Provided that if at the end of any quarter it be determined that
Lessee has paid for said year to such date a greater sum than would
have been payable under the provisions hereof for said portion
of such year, Lessee shall have credit for such excess payment
against the rental, including minimum rental, subsequently falling due.
Lessor shall have the right at any time within two (2)
years thereafter to have the books and records of Lessee audited
during reasonable hours. Any additional Percentage Rent found
due by such audit shall be paid to Lessor within thirty (30) days
and shall bear interest at the rate of seven (7) percent per
annum from the date such payment was due until paid; 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
maintained for a period of at 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 te.em "gross receipts", as used herein shall be
construed to mean, for all the purposes hereof, the aggregate
amount of all sales made and services performed, but not to include
sales tax due or paid the Michigan Department of Revenue.
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• DEPOSIT
At least thirty (30) days prior to conmiencing operations
under this Agreement, the Lessee shall deposit with the Lessor
the sum of One Thousand, Two Hundred Fifty Dollars ($1,250) as
a security deposit for payment of future rent.
ARTICLE! IX
SALE OF LIQUOR BY LESSEE
In consideration of the terms of the Agreement, the County
agrees to make application to the Michigan Liquor Control Commission
to add the Lessee as an additional licensee on its Class "C u Liquor
License for the Oakland-Pontiac Airport.
It is agreed between the parties hereto that the Lessee shall
acquire no right, title or interest in or to the said Class
Liquor License.
It is agreed that if, for any reason, the Michigan Liquor
Control Commission refuses to add Lessee as an additional licensee
on the Lessor's Class "C" Liquor License, Lessor may at its option
and on thirty (30) days notice to Lessee, cancel this Lease.
It is further agreed by the Lessee that upon termination of the
Agreement for any reason, the Lessee, its successors and assigns,
shall reassign to the County, its interest in the Class "C" Liquor
License, or to such party or parties as the County shall designate.
Prior to such reassignment, the County agrees to pay over to
the Lessee its original deposit less amounts due and owing to
the County at the time of such reassignment.
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ARTICLE X
DAMAGE OR DESTRUCTION OF PREMISES
If the premises leased to the Lessees are partially damaged
by fire, explosion, the elements, the public enemy, or other casualty,
but not rendered untenantable, the same shall be repaired with due
diligence by the Lessor at its own cost and expense. If the damage
shall be so extensive as to render such premises untenantable, but
capable of being repaired in thirty (30) days, the same shall be
repaired with due diligence by the Lessor at its own cost and expense,
and the rent payable herein shall be proportionately paid up to the
tine of such damage and thereafter cease until such time as the
premises are fully restored. In the event the premises are completely
destroyed by fire, explosion, the elements, the public enemy or other
casualty, or so damaged that they will remain untenantable for more
than thirty (30) days, the Lessor shall be under no obligation to
repair and reconstruct the premises, and commission payable hereunder
shall be proportionately paid up to the time of such damage or
destruction and shall henceforth cease until such time as the premises
may be fully restored. If within twelve (12) months after the time
of such damage or destruction said premises shall not have been re-
paired or reconstructed, Lessees may give the Lessor written notice
of its intention to cancel the agreement in its entirety as of the date
of such damage or destruction.
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ARTICLE XI
FIRE AND EXTENDED COVERAGE INSURANCE
Lessees shall procure and keep in force fire and extended
coverage insurance upon their leasehold improvements, business fixtures,
equipment, furniture and furnishings to the full insurable value
thereof and shall furnish the Lessor with evidence that such coverage
has been procured and is being maintained in full force and effect.
ARTICLE XII
INDEMNITY
The Lessees do 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.
Lessees 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 Lessees and the Lessor against public liability, products
liability, liquor liability and property damage. Lesses shall
promptly, after the execution of this agreement, furnish such policy
or policies for Personal Injury growing out of any one occurrence in
the sum 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
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aggregate. Lessees shall furnish a certificate from the insurance
carrier or carriers showing such insurance to be in full force
and effect during the term of this contract, or to deposit copies
of the policies which give this coverage, with the Lessor. If
certificates are provided, a thirty, (30) day notice of cancellation
shall be given.
ARTICE XIII
INSPECTION
The Lessees 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 Lessees agree that the Lessor's Director of Aviation
is authorized, at any time, to inspect the Lessees' 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 Lessees, in writing, to
correct any unsatisfactory conditions immediately. If the
condition is not corrected within a reasonable period of time after
notificiation the Lessor may terminate this Lease by a thirty (30) day
written notice of cancellation.
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ARTICLE XIV
ASSIGNMENT AND SUBLETTING
The Lessees shall not assign, transfer, sublease, pledge,
hypothecate, surrender or otherwise encumber 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 corporation to occupy these premises, without the written consent
of the Lessor being first obtained.
All the covenants, stipulations and agreements in this
Lease shall extend to and bind the heir's legal representatives,
successors and assigns of the respective parties hereto.
ARTICLF XV
SIGNS
The Lessees 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 advertise
the said restaurant and concessions. The cost of such installation
and operation shall be borne by Lessees. Lessees shall not erect,
install, operate or cause or peLmit 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
REDELIVERY
Lessees will make no unlawful or offensive use of said premises
and will at the expiration of the term hereof or upon 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 Lessees or the Lessor.
ARTICLE XVII
HOLDING OVER
In the event Lessees shall hold over and remain in
possession of the premises herein leased after the expiration
of this agreement 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 be terminated at any time by
the Lessor on giving thirty (30) days notice.
ARTICLE XVIII
NON-WAIVER
Any waiver of any breach of covenants herein contained to
be kept and performed by the Lessees shall not be deemed or considered
as a continuing waiver and shall not operate to bar or prevent
the Lessor from declaring a forfeiture for any succeeding breach
either of the same condition or covenant or otherwise.
ARTICLE XIX
DEFAULT
It is agreed that if the Lessee shall neglect or fail
to pay rent promptly as specified in this Lease, and if there is
a failure to pay 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 become
void.
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.
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ARTICLE XX
GENERAL PROVISIONS
The Lessees shall furnish good, prompt and efficient service
adequate to meet all the demands for its service at the Airport.
Lessees shall furnish said service on a fair, equal and non-
discriminatory basis to all users thereof.
Lessees shall charge fair, reasonable and non-discriminatory
prices for each unit of sale or service; provided that the Lessees
may be allowed to make reasonable and non-discriminatory discounts,
rebates, and other similar types of price reduction to volume purchasers.
This Lease shall be non-exclusive and subordinate to the
provisions of any existing for 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 Lessees, 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 Lessees from
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erecting or permitting to be erected, any building or other
structure on the airport which, in the opinion of the Lessor, would
limit the usefulness of the airport or constitute a hazard to aircraft.
ARTICLF XXI
PARAGRAPH HEADINGS
The paragraph headings contained herein are for convenience
in reference and are not intended to define or limit the scope
of any provision of this Lease.
ARTICLE XXII -
INVALID PROVISIONS
In the event that any provision herein contained
is held to be invalid by any court of competent jurisdiction,
the invalidity of such provision shall not affect the remainder
of the Lease.
ARTICLE XXIII
ON OF LEASE
Nothing of this Lease shall be construed or interpreted
in any manner whatsoever as limiting, relinquishing, or waiving
any rights of ownership enjoyed by Lessor in the Airport Property,
INTERPRETAT
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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.
ART
NOTICES
CLE XXIV
Notices to Lessor, provided for in this agreement shall
be sufficient if in writing and mailed, postage prepaid, addressed
to Airport Terminal Building, Director of Aviation, or to such
other address as may have been designated in writing from time
to time and notices to Lessees shall be deemed sufficient if
in writing and mailed, postage prepaid, addressed to Ray Rinke,
661 Kingsley Trail, Bloomfield Hills, Michigan 48013.
A Michigan Corporation
7
By
A
/
pproved As To Form
'
)71, add
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
COUNTY OF
ConstitTE
OAKLAND, A Michipn
nal CorporatiOn,)Lessors
/ 7
TRANSCONTINENTAL AIRLINES SYSTEMS, Inc.
By
/ //torporation Counsel
APPROVED BY RESOLUTION OF THE OAKLAND COUNTY AIRPORT COMMITTEE
DATED: February 18 A .D., 19 70 .
APPROVED:
TRANSCONTINENTACKIRLINE SYSTEMS,Inc
OAKLAND-PONTIAC AIRPORT
EEETEEELEEIEMI
COUNTY OWNED
1 14" x 14" stainless steel sink (under counter)
48 Royal metal chairs (#836)
8 Royal metal tables (#967) size 30" x 30"
7 Royal metal tables (3967) size 36" x 36"
1 Delfield refrigerated salad case (stainless steel) plus
utility stand and water cooler
1 14-Gauge, stainless steel, soiled dishtable with over-shelf,
T & S pre-rinse faucet and sink
1 Dishwasher, Hobart, Model AM-A and 4 dish racks
1 14-Gauge, stainless steel, double pot and pan sink--size
48'1 x 24" with drain board
1 14-Gauge stainless steel work table with sink--size 7' x 30'
1 Maple-top work table, size 6'x 30'
1 Pot rack, steel, size 5' x 2-4'--mounted on above work table
1 Glenco freezer, Model AF-40-S, size 37.3 cubic feet
1 Glenco refrigerator, Model AL-40-S, size 37.3 cubic feet
1 Jordan refrigerator, Model S-4-G
1 South Bend Model 32 radiant broiler
1 South Bend range, Model 4023-A
1 South Bend fryer, Model BJ-2R-33
1 Canopy with lights and filters-, size 10 x 36"
1 Hot-food table, "Seco-Matic" 4-opening and 1 roll cover
1 Maple-top work table, size 3'6" x 24"
3 Fire Extinguishers
1 Seco soda acid, 2 1/2 gallon, #G160774
1 5-lb Randolph Co., #H684041
1 10-lb Randolph Co., #H4909889
4 4 Globe chandeliers--black
1 Front bar
1 Back bar--attached with compressor.
1 Soft drink service-center
1 Service stand
51 Work board--"Utensils"
)1 3-compartment double drain board--stainless bar sink
1 Water dispenser, stainless steel 30" x 14" x 17"
Full carpeting--dining and bar area
3 Metal Rails
3 Metal Screens
Dated: JULY 29, 1970
/6,4, 10/5/70
RESTAURANT EQUIPMENT
1 14" x 14" Stainless Steel Sink (under counter)
48 Royal Metal Chairs (#836)
8 Royal Metal Tables (#967) size 30" x 30"
7 Royal Metal Tables (3967) size 36" x 36"
1 Delfield Refrigerated Salad Case (stainless steel) plus
Utility stand and water cooler
Shop--- 1J^Cabinet containing 2-drawer Toastmaster roll-warmer and
two drawers for bread storage
1 14 Gauge, Stainless Steel,soiled dishtable with over-shelf,
T & S pre-rinse faucet and sink
1 Dishwasher, Hobart, Model AM-A and 4 Dish Racks
1 14 Gauge, Stainless Steel, Double pot and pan sink--size
48" x 24" with drainboard
1 L4 Gauge,Stainless Steel, work table with sink--size 7' x 30"
1 Maple-top work table, size 6' x30"
1 Pot Rack, Steel, size 5' x 24"--mounted on above work table
1 Glenco Freezer, Model AF-40-S, size 37.3 cubic feet
1 Glenco Refrigerator, Model AL-40-S, size 37.3 cubic feet
1 Jordan Refrigerator, Model S-4--G
1 South Bend Model 32 Radiant Broiler
1 South Bend Range, Model 4023-A
1 South Bend Fryer, Model BJ-2R-33
1 Canopy with lights and filters, size 10' x 36"
1 Hot-food Table, "Seco-Matic" 4-opening and I roll cover
1 Maple-top Work Table, size 3'6" x 24"
3 Fire Extinguishers
1-Seco Soda Acid, 2 1/2 gallon, #G160774
1-5 lb. Randolph Co., #11684041
- 1-10 lb. Randolph Co. #114909889
4-4 Globe Chandeliers-black
50 Black Naugahyde Castor Chairs
5 Tables-Brown Formica 33" round
4 Tables-Brown Formica 36" square
2 Tables-Biown Formica 50" round
5 Booths- black
1 Settee-black
1 Front Bar
1 Back Bar-attached w./compressor
1 Soft drink service-center?-owner
1 Service stand
1 Work Board-"Utensils"
1 3-compartment double drain board-stainless bar sink
Full carpeting-dining and bar area
1 Cash register-Hugin-"owner"
1 22"x58"x43" bread cabinet"Owner"
1 Nicro Duo brew coffee maker"Owner"
1 Meat Grinder, Mod, D Genora "Owner"
1 Liberty Soup container "Owner"
1 Star metal refrigerator and sandwich board "owner"
1Glóbe meat slicer - "Owner"
1 Glenco Freezer - furnished by "Owner"
1 Glenco Freezer - furnighed by "Owner"
1-Frigidaire Ice Machine-by "Owner"
2-5 shelf storage racks- "Owner
1 Universal ice cream freezer -"Owner"
1-7 sections 5 shelf-..racks-"Owner"
1 34"x60" steel disk-"Owner"
1 Water dispenser, stainless steel 30" x 14" x 17"
Moved by Gabler supported by Benson the lease be approved and the
Chairman and Clerk be authorized to sign the lease on behalf of Oakland
County.
A sufficient majority having voted therefor, the motion carried.
' a
•
r 12 2.2
:10U17.C.
LLOV,
WILLIAM G. MILLIKEN, Go'vemor
DEPARTMENT OF COMMERCE
RICHARD E. WHITMER, Director
.47
1111011
/ 2004-17
GREAT
LAKE
S1ATE
LIQUOR CONTROL COMMISSION
506 S. Homer
P.O. BOX 1260
LANSING, MICHIGAN 48904
To: Local.Lestislative Bodies in Counties of less than i f oomon ponnTation
according to the last Federal Decennial Census.
Subiert- RENTmAL OF CLASS "C", TAVERN, B-HOTEL, AND A-HOTEL TJCENSES FOR THE
3971-72 LICENSING YEAR.
Section 17 Of the Liquor Control Act (M.S.A. 18.88) provides in part!
...All annlicatjong for licenses to sell beer and wine or spirits for
consumption on the premises, except in counties of 1,000,000 nopulatior or
over, shall be approved by the local legislative body in which said apnli-
cant's place of buqiness Is located before heinp Frant ,,.d a license by the
commission. oxf'ent that in the case of an a ,nlicatiou for renewal of ar
existing, license, where no objection to a renewal has been filed with the
commission the local legislative body, prior to 30 days before the date
of expiration of the license, the approval of .the local legislative body
Shall not be required...." (Underlining supplied)
All licenses issued by the Commission expire on ,April 30 following date of
issuance.
If, you have any objection to the renewal of any public license for consumption of
liquor on the premises in your gOvernmental unit; i.e., Class "C", Tavern, B-Hotel,
or A-Hotel license, either full-year, or Resort, please forward said objection in
the form of a RESOLUTION certified to by the clerk as the official proceedings of
the meeting at which such action was taken indicating the date thereof.
Subsequent to any objection to renewal of a license being received by the Liquor
Control Commission, the Liquor Control Act requires the approval of the local
legislative body with respect to renewal of the license. Such approval must also
be in the form of a RESOLUTION certified to by the clerk as the official pro-
Ceedings of a meeting of the local legislative body, indicating the date of such
meeting.
The above quoted section of the statute does not include Club licenses, SDD
licenses, or SDM licenses.
This is an annual notice to all local legislative bodies, and no further notice
will be sent with respect to the renewal of licenses for the 1971-72 licensing
year. -
MICHIGAN LIQUOR CONTROL COMMISSION
ger .16e2Rosendale, Director
cense Division
.) is tc CeI:Ity 111:5 ciectime!
DC:', a true_ ccpy of the oiiri
file in Clis otricc,.
•
rt-?.
- 4 1969
STATE TREAS'XiE
ita DC p2rtnirsit of 1-reastiry
- -
Exomircer:
Dote:
- ARTICLE I. ;
ARTICLE III.;
Location of the fust registered office is: . •
661 Kincislc Trail Bloomfield Oakland f
(No.) • t Street) (Cil y (:0,,.11tY)
48013 michig,m-- --- (Zip (City)
„
• Is1 N DE, Ef-sSij;';.Y
'Orwc...)RATiczn.4 D'Ivists),4
LANSING- MICHIGAN
DO NOT WRITE IN SPACE BELOW— FOR DEPARTMENT USE ,
[Comp-ared by:
Dee Recrive.c.1:
ARTICLES OF INCORPOR ATION
. .
These Articles of Incorporation are signed and ,'ackhowledged by the 'incorporators for the
purpose of forming a corporation for profit under the provisions of Act No., 327 of the Public - •
Acts of 1931, as amended, as follows:
The name of the corporation is
ARTICLE U.
The purpose or purposes for which the corporation is formed are as: follows: . •
To cr2erate or have operated aircraft as a -private or contract carrier,
for the purpose of carrying passengersand freight from and to any point
in this state and subject to the law i thereof, to and from any point in
any state of the United States, with the right to acquire, by purchase
or otherwise, and to maintain all necessary landing grounds and fields.
To acquire by purchase, lease, or otherwise, andto own, operate air
navigation facilities of every nature and description including restaurant
facilities, hanger facilities, aircraft, maintenance facilities, fuel
concession facilities, office rentarand other real estate matters,
and to do any and all things neeessaryand incidental to the carrying
on of the business, including the right to own, buy, lease, or otherwise
acquire such real estate as may be necessary for carrying out the
purposes for which this corporation is organized.: T •
In genera' to carry on any busiZICI6 in connection thervwith and incident theret o not forbidden by the laws of the State o f
Michigan t'inci svitfi all the powers conferred upon corporations by the l!aws of the State of Michig .an, .. . . . •• • •- - • •
48013
Postoffice address of the first registered office is:
661 X.incsicv Trail, Bloomfield Hills
Str,,t Dr P. 0. B.
ARTICLE rs',
The name of the f::,t re•>ideot ags.r,t is
1 Common shs. 50 / 000 ar Value I 0 °C)
(3) A statemeot of all or any of the designations and the powers, preferences and rights, and the qualifications -, limita-
tions or restrictions thereof is as follows:
• The names and places of residence or business of each of the incorporators and the number
• • for by each are as follv.es: (Statute requires one or more incorporators), — .
- 1 ..,.... . _ - - - - I -- - Number of Shares . ,
Name . " - •'- • Besidenee or Business Address — . '- __ . ._ . , _.. . i. Par Stocl. . •- .. --(No.) . (Strett ) _,' (CitY). (State.)
Common I Preferred i Common Preferred
Rayaoad_P. Rink.e,_661_Kinc,/sley_Trail I •1 — I
_ Bloo:-afield Hills, MOO -7 I L. - %
_ _ I_ 1 . } —
Bloomfield Hills, Mic.11., ' 5,000 -----77--
--4--- --- _ _._
and class of shares subscribed
,
Non-Par Stock
ARTICLE VIM
The term of the corporate existence is perpetual.
is for a limited roxua!?-or of years, thon state the rilt.rElber of ).Tars instead Of s.w.rpetoal)
AitTICLE V,
The total authorized (..apital StOk is
(Preferred shs. Par Volu.2
per share
{
Rook Value $
Price fixed fo
and/or shs. of (2)
Preferred lyrice fixed for sale $
- no par value
Common Book. Value
Price Rxed for sale $ Price Rxed for sale $
per share
per share
ARTICLE VII. •
The names and addresses of the first hoard of directors are as follows:
(Statute requires at least three directors) •
Name Residence or Business Address
(Street) '(City) (State)
Raoncl2 Rink 66,1__Xing?y Trail — • — Bloo eld m:fi
" (No.)
Edward D 1269 Lake Crescent Dr. Bloomfield Hills,
Williarn -P Harnoton 2476—Hunt Club Dr Bloomfield H3111s, ftn -
•
- • "
. -
•
_
STATE OF MICHIGAN (One or more of the parties signing must aelmowledg.,e
before the Notary)
COUNTY OF OAKLAND
On this _29th, day of ig 69,
County, Oakland' -
ARTICLE IX.•
OPTIONAL (Please delete Article IX if not applicable )
Whenever a compromise or arrangement or any plan of reorganization of this corporation is proposed betwer-n this corpo-
ration and its creditors or any class of them arid/or between this corporation and its shareholders or any class of them,
any court of equity istrisdiction within the state ...of-Michigan, may on tire application or tbis corporation, or of any creditor
or any shareholder thereof, or on the application of any receiver or receivers appointed for this corporation, order a
meeting of the creditors or class of creditors, and/or of the shareholders or class of shareholders, as.---thii-caso-rratylsr,, to
be affected by the proposed compromise or arrangement or reorganization, to be summoned. in such manner as said
court directs. If a majority in number representing •three-fourths in value of the creditors or class of creditors, k•nd/or of
the shareholders. or class of shareholders, as--•thc---erisc--Imir-be, to be Accted by the proposed 'compromise or arrangement
or reorganization, agree to any compromise or arrangement or to any reorganization of this corporation as a consequence of
such compromise or arrangement, said compromise or arrangement aml said reorganization shall, if sanctioned by the court to
which the said application has been made, be binding on all the creditors or class of creditors,-antl/or on all the shareholders
Or class of shareholders, as--t•Ite-ca,:.,-e--M-,1,y-be, and also on this corpora0on.
'. ARTICLE X.
(Here insert any desired additional provisions authorized by the Act
We, the incorporators, sign our names this 29th day of October
(AU parties appearing, under Article VI are required to sign in this space)
before me personally appeared
Raymond P. Rinke and Edward D. Paley .
to me known to be the persons described in and who executed the foregoing instrument, and AcInowleclged that they executed
the same as their free net and deed.
)
Sgasnire ot Nntary )
E\()lyn O. Tucker'
(Print or t)-pc ralme ci Neir,ry)
MAIL THREE SIGNED .-‘›D ACKNOWLEDCED
COPl.;; TO:
• Michigan Department of _Treasury
Corporation Divi s ion
P. O. Drawer C Lansing, Michigan 4S90,4
Notary ?lib:lie for
State of Mrchigan,
. . .
My commission . -{NotAridl. ,E,;",l requi rcd if acknowledgment tal..X.:1 Cr..1t. of