HomeMy WebLinkAboutResolutions - 2012.04.18 - 20149MISCELLANEOUS RESOLUTION # 12063 March 22, 2012
BY: Planning and Building Committee, David Potts, Chairperson
IN RE: DEPARTMENTS OF FACILITIES MANAGEMENT/SHERIFF'S OFFICE - APPROVAL AND
ACCEPTANCE OF LEASE AGREEMENT WITH AERODYNAMICS INCORPORATED FOR USE OF
HANGAR SPACE FOR STORAGE OF HELICOPTERS AT 6544 HIGHLAND ROAD, WATERFORD,
MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, pursuant to Miscellaneous Resolutions Numbers 00211 and 01315 the Oakland
County Sheriff's Department acquired two helicopters for the purposes of providing public safety and
patrol support services throughout Oakland County; and
WHEREAS, pursuant to Miscellaneous Resolutions Numbers 06085 and 09070 the helicopters
have been housed at the Oakland County International Airport in Hangar Number 2 at 6544 Highland
Road, Waterford, Michigan; and
WHEREAS, at the present time no adequate County-owned facility exists at the Oakland County
International Airport, which would accommodate storage, fuel and office space requirements for the said
helicopters and aviation staff; and
WHEREAS, the administrative staff of the Departments of the Sheriff and Facilities Management,
with the assistance of Oakland County Corporation Counsel, have negotiated the terms and conditions of
the attached Hangar Lease Agreement; and
WHEREAS, it is the recommendation of the Departments of the Sheriff and Facilities
Management that the Oakland County Board of Commissioners accept and approve the terms and
conditions of the attached Hangar Lease Agreement; and
WHEREAS, under the terms and conditions of the attached Hangar Lease Agreement, the
Aerodynamics Corporation will provide adequate storage, fuel and office space in its Hangar Number 2
facility located at 6544 Highland Road at the Oakland County International Airport for a term of three
years commencing March 1, 2012 at a rental rate of $425.00 per month per helicopter plus fuel cost; and
WHEREAS, under the terms and conditions of the attached Hangar Lease Agreement, the
County has the option to extend the initial term of the lease an additional three years at a rental rate of
$475.00 per month per helicopter; and
WHEREAS, the Departments of the Sheriff, Facilities Management and Corporation Counsel have
reviewed and/or prepared all necessary documents related to the attached lease agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Hangar Lease Agreement for use of part of Hangar Number 2 at
6544 Highland Road at the Oakland County International Airport, Waterford, Michigan between the County
of Oakland and Aerodynamics Incorporated.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Hangar Lease Agreement and all other related
documents between the County of Oakland and Aerodynamics Incorporated, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with McGillivray absent.
Exterior view of IIangar no. 2.
;
- •
Interior view of Hangar no. 2
AERODYNAMICS INCORPORATED
HANGAR LEASE AGREEMENT
This Lease Agreement ("Agreement") by and between Aerodynamics Incorporated, a Michigan
Corporation, of 6544 Highland Road, Waterford, Michigan 48327 ("AD!") and Oakland County
Sheriff Department , of 1201 North Telegraph Road, Pontiac, Michigan 48341, ("Lessee") is to
provide for the storage of designated aircraft at Oakland County International Airport in
Waterford Township, Oakland County, Michigan ("Airport").
1. Lease of Hangar Space. ADI shall provide Lessee with hangar space for the designated
aircraft identified on Schedule A, Paragraph I ("Aircraft") within a hangar facility owned or
operated by ADI at the Airport, upon the terms set forth in this Agreement. ADI shall provide
Lessee with related aircraft services identified on Schedule B.
2. Term. This Agreement shall commence on March I, 2012 and shall remain in effect for a
period of three years unless terminated by either party upon thirty (30) days written notice for
any reason. Lessee shall have an option to extend the initial term for an additional three year
period with thirty (30) days advance notice to AD!.
3. Rent. For the use of the Hangar Facility, Lessee shall pay AD!, at the address specified for
payments in Paragraph 10, the monthly rental amount indicated on Schedule A, Paragraph 2
per month, payable on or before the first day of each month following the rental period. It is the
Lessee's responsibility to keep billing information current with ADI. Lessee is required to
complete a credit application or credit card authorization and submit to ADI. A Michigan sales
tax exemption form must also be completed, if applicable.
Lessee's obligation to pay all rents shall not be subject to any abatement, offset, counterclaim or
recoupment. Lessee agrees to pay interest at the rate of 1 %, percent per month from the first
day of the rental period on all amounts not paid on or before the first day of each month
following said rental period. In the event that any action must be taken to collect any amount
due, Lessee will pay ADI's collection and arbitration costs, including but not limited to, actual
arbitrator and attorney's fees, collector fees, and court costs.
4. Security Deposit. Lessee shall provide ADI with a security deposit in an amount equal to
one month's rent prior to commencement of the term of this Agreement, which ADI may apply
against any undischarged obligation of the Lessee at the termination of this Agreement. Any
unexpended balance of the security deposit shall be refunded to the Lessee within thirty (30)
days after the termination of this Agreement.
5. Use of Hangar Facility. Lessee agrees to and shall comply with all applicable ordinances,
rules and regulations established by any federal, state, or local government agency, by ADI
(attached to and incorporated herein as Schedule C), or by Airport authorities.
6. Insurance. Lessee agrees to maintain insurance against liability for damage or loss to the
Aircraft or other property, and against liability for bodily injury, personal injury or death, arising
from acts or omissions of Lessee, its agents and employees. Such policy or policies shall
contain a provision whereby Lessee's insurer agrees to name ADI as an additional insured and
waives any rights of subrogation against ADI, its agents and employees and will provide ADI
notice of cancellation of Lessee's insurance coverage in accordance with the policy provisions..
Prior to the commencement of the Agreement, Lessee shall deliver to ADI certificates or binders
evidencing the existence of the insurance required herein.
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7. Indemnification. ADI shall be responsible for loss or damage to the Lessee's aircraft and its
contents arising from acts or omissions of ADI and its agents and employees in performance of
this Agreement. Nil liability to third parties, loss, or damage as a result of claims, demands,
costs or judgments arising out of activities of Lessee under this Agreement shall be the
responsibility of Lessee, and not the responsibility of A.DI, if the liability, loss, or damage is
caused by, or arises out of, the actions or failure to act on the part of Lessee, its agents or
employees, provided that nothing herein shall be construed as a waiver of any government
immunity that has been provided to Lessee or its employees by statue or court decision.
Neither Party shall be liable for any loss, injury, damage or delay of any nature whatsoever due
to causes beyond its control including acts of God, fire, flood, accidents, strike, labor dispute,
riot, insurrections, war, terrorism or any other such cause beyond its control.
8. Disclaimer of Liability. The parties agree that under no circumstances shall ADI be liable for
indirect, consequential, special or exemplary damages, whether in contract or tort (including
strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits,
loss of use, diminution of value or other indirect damage related to the leasing of the office
and/or hangar space under this Agreement.
9. Default. This Agreement shall be breached if: (a) Lessee shall default in the payment of any
rental payment hereunder; (b) Lessee shall default in the performance of any other covenant
herein, and such default shall continue for five (5) days after receipt by Lessee of notice thereof
from ADI: (c) Lessee shall cease to do business as a going concern; (d) a petition is made by or
against Lessee under the Bankruptcy Act or any amendment thereto (including a petition for
reorganization or an arrangement); or (e) Lessee assigns his/her property for the benefit of
creditors.
In the event of any breach of this Agreement by Lessee, ADI shall, at its option, and without
further notice, have the right to terminate this Agreement and to remove the Aircraft and any
other property of Lessee from the Hangar using such force as may be reasonably necessary,
without being deemed guilty of trespass, breach of peace or forcible entry and detainer, and
Lessee expressly waives the service of any notice. Exercise by ADI of either or both of the
rights specified above shall not prejudice its right to pursue any other remedy available to ADI in
law or equity.
10. Notices. Any notice given by one party to the other in connection with this Agreement shall
be in writing and shall be sent by mail, delivery confirmation requested:
(a) If to AD1, general correspondence addressed to:
AERODYNAMICS INCORPORATED
ATTN: Cheryl Bush
6544 Highland Rd
Waterford, MI 48327-0100
Phone: (248L461-4822
(b) If to ADI, payments addressed to:
AERODYNAMICS INCORPORATED
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P.O. Box 67000-04664
Detroit, M1 48267-0046
(2) (a) If to Lessee, general correspondence addressed to:
Oakland County Sheriff Headquarters
1200 N. telegraph Rd., Bldg. 38E
Pontiac, MI 48341
Contact Name: Captain Douglas Molinar
Phone: 248-858-4960 Cell:
Fax:
Email: molinard@oakgov.dom
(b) If to Lessee, billing matters addressed to:
Oakland County Sheriff Headquarters
1200 N Telegraph Rd., Bldg. 38 E.
Pontiac, MI 48341
Contact Name: Dale Cunningham, Business Mgr.
Phone: 248-858-5512 Cell:
Fax:
Email: cunninghamd@oakgov.com
Notices shall be deemed to have been received on the date of receipt as shown on the delivery
confirmation.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the below day and
year. Facsimile signatures on this agreement are just as binding as original signatures.
AERODYNAMICS INCORPORATED LESSEE
Signature: Signature:
Printed Name: Printed Name: Michael J. Gingell
Title: Title: Chairperson
Date: Date:
Name:
Phone:
Name:
Phone:
No. 1:
No. 1:
No. 2:
No. 2:
No. 3:
No. 3:
AERODYNAMICS INCORPORATED
HANGAR LEASE AGREEMENT
SCHEDULE A
1. Identification of Aircraft
Aircraft Type: Eurocopter Helicopter
Serial Number:
Registration: N632SD & N6315D
2. Rent & Security Deposit
Monthly Rent: $425.00 per Helicopter for initial 3 year term
$475.00 per Helicopter for optional 3 year term
Security Deposit: WAIVED
3. Emergency Contacts
* Lessee is responsible for keeping emergency contact information current with ADI *
Acknowledgment:
(ADI's Initials) (Lessee's Initials)
(Date) (Date)
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AERODYNAMICS INCORPORATED
AIRCRAFT SERVICES
SCHEDULE B
1. AD! will perform one free exterior wash per month.
2. Upon request of Lessee, ADI will perform detailing (wash, wax, vacuum, carpet shampoo,
etc.) at a rate of $60.00 per hour.
3. ADI will provide Lessee with valet parking and a parking sign.
4. ADI will provide Lessee with a fuel discount at cost + $0.50.
5. ADI will provide Lessee with office space within Hangar 2.
Acknowledgment:
(ADI's Initials) (Lessee's Initials)
(Date) (Date)
AERODYNAMICS INCORPORATED
HANGAR USE REGULATIONS
SCHEDULE C,
1. Lessee will provide ADI with a key to the aircraft and will lock the aircraft at all times when it
is unattended outside of the hangar.
2. Lessee will provide ADI with two hours advance notice of the time when the aircraft should
be available for use. ADI will remove the aircraft from the hangar, and will place chocks, set
brakes, tie down as necessary, and will lock and secure the aircraft at a location accessible
to the airport runways at the time designated. ADI shall use its best efforts to accommodate
Lessee's need for quicker turnaround time in the case of emergency.
3. Upon returning an aircraft for storage, Lessee will lock and secure the aircraft and notify ADI
that the aircraft has been returned for storage ADI will secure the aircraft within the hangar
as soon as reasonably possible, and not later than two hours after its return.
4. ADI will provide the service of moving the aircraft from the hangar onto the ramp area, and
from the ramp area into the Hangar. Lessee shall have no right to perform the above service
without prior written permission from AD!.
5. The Hangar shall be used only for storage of the Aircraft. No commercial activity of any kind
whatsoever shall be conducted by Lessee in, from or around the Hangar. No maintenance
on the Aircraft shall be performed in the Hangar without the prior written approval of Lessor,
except such minor maintenance as would normally be performed by an aircraft owner
without the benefit of an aircraft mechanic.
6. Tenant and its invitee(s) shall have access to the aircraft within the hangar only as
authorized by ADI.
7. ADI shall determine the specific location and may change from time to time, the space within
the hangar to be occupied by the aircraft. Tenant shall at all times be kept informed as to
where the aircraft are located.
8. There shall be no smoking at any time within the hangar or any designated No Smoking
area on AD! premises.
9. ADI shall be accessible to the Lessee at all times by telephone at (248) 666-3500.
Acknowledgment:
(ADI's Initials) (Lessee's Initials)
(Date) (Date)
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Resolution #12063 March 22, 2012
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #12063) April 18, 2012
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT/SHERIFF'S OFFICE — APPROVAL
AND ACCEPTANCE OF LEASE AGREEMENT WITH AERODYNAMICS INCORPORATED
FOR USE OF HANGAR SPACE FOR STORAGE OF HELICOPTERS AT 6544 HIGHLAND
ROAD, WATERFORD, MICHIGAN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above
referenced resolution and finds:
1. The Sheriff's Department proposes entering into a lease agreement extension for
helicopters currently housed at the Oakland County International Airport in
Hangar Number 2 with Aerodynamics Corporation to provide adequate storage
for the two (2) helicopters, fuel, equipment, and office space requirements for the
aviation staff.
2. A hangar space lease agreement extension has been negotiated with
Aerodynamics Corporation, to continue leasing their Hangar Number 2 facility
located at 6544 Highland Road at the Oakland County International Airport.
3. The new lease agreement, which will be effective March 1, 2012, is for a period
of three (3) years, at a lease rate of $425.00 per month per helicopter or $10,200
per year.
4. Under the new lease agreement the County also has the option to extend the
initial term of the lease an additional three years at a rental rate of $475.00 per
month per helicopter.
5. This agreement also provides the option to purchase fuel, but does not include
the cost of fuel for the helicopters.
6. Funding for this lease agreement for Fiscal Years 2012, 2013, and 2014 is
available in the Adopted Budget of the Sheriff's General Fund, Patrol Services
Division Rent line item.
7. Line item budgets for Rent and Gasoline expense will be reviewed and adjusted
during the FY 2013 through FY 2015 budget process; no budget amendment is
recommended at this time.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Crawford and Quarles absent.
I HEREBY APPROVE THE FOREG TIEsoLLITION
Resolution #12063 April 18, 2012
Moved by Crawford supported by Middieton the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Jackson, Long, Matis,
McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, River, Runestad, Scott, Taub, Weipert,
Woodward, Zack, Covey. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
STATE OF OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 18,
2012, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 18th day of April, 2012.
(94.
Bill Bullard Jr., Oakland County