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HomeMy WebLinkAboutResolutions - 2013.02.07 - 20687MISCELLANEOUS RESOLUTION -#13025 February 7, 2013 BY: Planning and Building Committee, Jim Runestad, Chairperson IN RE: SHERIFF'S OFFICE AND THE DEPARTMENTS OF FACILITIES MANAGEMENT AND CORPORATION COUNSEL - APPROVAL AND ACCEPTANCE OF LEASE AGREEMENT WITH OAKLAND AIR FOR USE OF HANGAR SPACE FOR STORAGE OF HELICOPTERS AT 6740 HIGHLAND ROAD, WATERFORD, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, pursuant to Miscellaneous Resolutions #00211 and #01315 the Oakland County Sheriff's Office acquired two helicopters for the purposes of providing public safety and patrol support services throughout Oakland County; and WHEREAS, pursuant to Miscellaneous Resolutions #06085, #09070 and #12063 the helicopters have been housed at the Oakland County International Airport in Hangar Number 2 Aerodynamics Incorporated (ADI) at 6544 Highland Road, Waterford, Michigan; and WHEREAS ADI is no longer available to house the units; 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 Sheriff's Office and the Department of 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 Sheriff's Office and the Department of Facilities Management that the Oakland County Board of Commissioners accepts and approves the terms and conditions of the attached Hangar Lease Agreement; and WHEREAS, under the terms and conditions of the attached Hangar Lease Agreement, Oakland Air will provide adequate storage, fuel and office space in its Hangar facility located at 6740 Highland Road at the Oakland County International Airport for a term of three years commencing January 1, 2013 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 Sheriff's Office and the Departments of 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 Oakland Air Hangar at 6740 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 Oakland Air, 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. HANGAR LEASE AGREEMENT This Lease Agreement ("Agreement") by and between Aviation Station South LLC d/b/a Oakland Air, 6740 Highland Road, Waterford, Michigan 48327 ("Lessor") 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. Lessor shall lease to Lessee space within a hangar facility, as described and depicted in Schedule A ("Leased Premises"), for storage of the designated aircraft identified on Schedule B, Paragraph 1 ("Aircraft") and for general office use according to the terms and conditions set forth in this Agreement. Lessor shall also provide Lessee with related aircraft services identified on Schedule C. 2. Schedules. This Agreement includes and fully incorporates herein all of the following documents: (1) Schedule A—Description and Depiction of Leased Premises; (2) Schedule B— Identification of Aircraft; (3) Schedule G Aircraft Services; and (4) Schedule D—Use Regulations. 3. Term. This Agreement shall commence on and shall remain in effect for a period of three (3) years unless terminated by either party upon thirty (30) days written notice for any reason ("Initial Term"). Prior to the expiration of the Initial Term, Lessee shall have an option to extend the Initial Term for an additional three (3) year period with thirty (30) days advance written notice to Lessor. 4. Rent. For the use of the Leased Premises, Lessee shall pay Lessor, at the address specified for payments in Paragraph 10, the amount indicated on Schedule B, Paragraph 2, as rent, on OF before the first day of each month. Lessee shall keep billing information current and accurate with Lessor. Lessee's obligation to pay rent shall not be subject to any abatement, offset, counterclaim or re..coupment. Lessee agrees to pay interest at the rate of 1 1/2, percent per month on rent not paid on or before the first day of each month. In the event that any action must be taken to collect any rent due, Lessee will pay Lessor's collection costs, including but not limited to, attorney's fees, collector fees, and court costs. 5. Security Deposit. No security deposit is required by Lessee under this Lease. 6. Use of Leased Premises. Lessee shall use the Leased Premises to store aircraft that are used for law enforcement and public safety purposes and for general office use. Lessee shall comply with all applicable statutes, ordinances, rules and regulations established by any federal, state, or local government agency, by Lessor (attached to and incorporated herein as Schedule D), or by Airport authorities. No commercial activity of any kind whatsoever shall be conducted by Lessee in, from or around the Leased Premises. 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. 7. 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 in amounts deemed appropriate by Lessee. Prior to the commencement of the Agreement, Lessee shall deliver to Lessor certificates or binders evidencing the existence of the insurance required herein. 1 8. Liability. Lessor shall be responsible for loss or damage to the Lessee's aircraft and its contents arising from acts or omissions of Lessor and its agents and employees in performance of this Agreement. All 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 Lessor, 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. 9. Disclaimer of Liability. The Parties agree that under no circumstances shall Lessor 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. 10. 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 Lessor, (c) Lessee shall Geese 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, Lessor 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 Lease Premises 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 Lessor of either or both of the rights specified above shall not prejudice its right to pursue any other remedy available to Lessor in law or equity. 11. 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: (1) (a) Lessor, general correspondence addressed to: Oakland Air 6740 South Service Drive Waterford, MI 48327 Attention: David Lussier (b) Lessor, payments addressed to: 2 Oakland Air 6740 South Service Drive Waterford, MI 48327 (2) (a) Lessee, general correspondence addressed to: Oakland County Sheriff Headquarters 1200 N. telegraph Rd., Bldg. 38E Pontiac, MI 48341 Contact Name: Captain Douglas Moliner Phone: 248-858-4960 Cell: Fax: Email: molinard@oakgov.com (b) Lessee, billing matters addressed to: Oakland County Sheriff Headquarters 1200 N Telegraph Rd., Bldg. 38 E. Pontiac, Ml 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. Printed Namei.f/a/ .SEE/Cie Title: VP / A 4 104/00K-4,- Date: LESSEE Signature: Printed Name: Michael J. Gingen Title: Chairperson Date: 3 HANGAR LEASE AGREEMENT SCHEDULE B 1. Identification of Aircraft Aircraft Type: Eurocopter Helicopter Serial Number: Registration: N632S0 & 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 Name: David Lussier Phone: No. 1: 248-670-1656 No. 2:248-666-4300 No. 3: Name: Joseph Borgesen Phone: No. 1:248-670-2237 No. 2:248-666-4300 No. 3: * Lessee is responsible for keeping emergency contact information current with Lessor* Acknowledgment: (Lessor's Initials) I /7/1.3 (Date) (Lessee's Initials) (Date) 4 AIRCRAFT SERVICES SCHEDULE C 1. Upon request of Lessee, Lessor will perform detailing (wash, wax, vacuum, carpet shampoo, etc.) at a rate of $60.00 per hour. 2. Lessor will provide Lessee with valet parking and a parking sign. Acknowledgment: (Lessor's Initials) (Lessee's Initials) 117/13 (Date) (Date) 5 Acknowledgment: (Lessor's Initials) 1-7 113 (Date) (Lessee's Initials) (Date) USE REGULATIONS SCHEDULE D 1. Lessee will provide Lessor 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 Lessor with two hours advance notice of the time when the Aircraft should be available for use. Lessor 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. Lessor shall use its best efforts to accommodate Lessee's need for quicker turnaround time in the case of emergency. 3. Upon returning the Aircraft for storage, Lessee will lock and secure the Aircraft and notify Lessor that the Aircraft has been returned for storage. Lessor will secure the Aircraft within the hangar as soon as reasonably possible, and not later than two hours after its return_ 4. Lessor 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 Lessor_ 5. Lessor shall determine the specific location and may change from time to time, the space within the hangar to be occupied by the Aircraft. Lessee shall at all times be kept informed as to where the Aircraft are located. 6. There shall be no smoking at any time within the Leased Premises or any designated No Smoking area on the Leased Premises. 7. Lessor shall be accessible to the Lessee at all times by telephone at 248.670.1656 6 Resolution 13025 February 7, 2013 The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections.