HomeMy WebLinkAboutResolutions - 2013.03.06 - 20724MISCELLANEOUS 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 (AD!) 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 C 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 or
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 subjectto any abatement, offset,
counterclaim or recoupment. 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), suchas, 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; (e) 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, Lessor shall, at its option, and without
further notice, have the right to terminate this Agreement arid 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:
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A,4216.43-4,--/
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, Ml 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, MI 48341
Contact Name: Dale Cunningham, Business Mgr.
Phone: 248-858-5512 Cell:
Fax:
Email: cunninghan-id@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 on this agreement are just as binding as original signatures. JIW
Printed Name:///70/
Title: VP geiea /1-1110A/oefa.
Date:
LESSEE
Signature:
Printed Name: Michael J. Gingell
Title: Chairperson
Date:
3
(Lessor's Initials)
1 /7/13
(Date)
(Lessee's Initials)
(Date)
HANGAR LEASE AGREEMENT
SCHEDULE B
1. Identification of Aircraft
Aircraft Type: Eurocopter Helicopter
Serial Number
Registration: N632SD & N6315D
Monthly Rent:
2. Rent & Security Deposit
$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:
4
(Lessor's Initials) (Lessee's Initials)
i 17 /13
(Date) (Date)
AIRCRAFT SERVICES
SCHEDU',_E 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:
5
(Lessor's Initials)
1, I-1 I 13
(Date)
(Lessee's Initials)
(Date)
USE REGULATIONS
J' LLJ L
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
Acknowledgment:
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Resolution 13025 February 7, 2013
The Vice-Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #13025) March 6, 2013
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: SHERIFF'S OFFICE AND THE DEPARTMENT 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:
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 terminating its lease
agreement with Aerodynamics Incorporated (ADT) for hanger
space at 6544 Highland Road, Waterford Michigan; and
entering into a lease agreement for hanger space with the
Oakland County International Airport located at 6740
Highland Road Waterford Michigan.
2. The hanger lease will provide adequate storage for the two
(2) helicopters, fuel, equipment, and office space
requirements for the aviation staff.
3. A new hangar space lease agreement has been negotiated with
the Oakland County International Airport, to lease their
Hangar Facility located at 6740 Highland Road at the
Oakland County International Airport.
4. The new lease agreement, which will commence January 1,
2013, is for a period of three (3) years, at a lease rate
of $425.00 per month per helicopter plus fuel cost or
$10,200 per year.
5. Under the new lease agreement the County also has the
option to extend the initial term of the lease for an
additional three years at a rental rate of $475.00 per
month per helicopter.
6. This agreement also provides the option to purchase fuel,
but does not include the cost of fuel for the helicopters.
7. Funding for this lease agreement for Fiscal Years 2013,
2014, and 2015 is available in the Adopted Budget of the
Sheriff's General Fund, Patrol Services Division Rent line
item.
8. Line item budgets for Rent and Gasoline expense will be
reviewed and adjusted during the FY 2014 through FY 2016
budget process; no budget amendment is recommended at this
time.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #13025 March 6, 2013
Moved by Bosnic supported by Quarles the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Scott, Spisz, Weipert, Woodward, Zack. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
HEREBY APPROVE THIS RESOLUTION
OPT-PEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL, 48.659A (7)
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STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 March 6, 2013,
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 6th day of March, 2013.
Xe/ger-/
Lisa Brown, Oakland County