HomeMy WebLinkAboutResolutions - 2016.03.30 - 22237MISCELLANEOUS RESOLUTION #16056 March 30, 2016
BY: Planning and Building Committee, Philip Weipert, Chairperson
IN RE: CENTRAL SERVICES AVIATION DIVISION — AIRPORT LAND LEASE ADDENDUM: PTK
AIRPORT PARTNERSHIP, LLC
To The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland ("the County") owns the Oakland County International Airport in
Waterford Township; and
WHEREAS parcels of land are leased to various aviation businesses for the purpose of
constructing hangars, aviation ramps, and related appurtenances for the purpose of
conducting aviation business at the airport; and
WHEREAS the County has negotiated with PTK Airport Partnership, LLC to amend the existing land lease
by revising the property description to include additional property, which is attached hereto; and
WHEREAS the existing 25-year lease between PTK Airport Partnership, LLC and the County became
effective on October 1, 2015; and
WHEREAS the terms of the lease addendum are substantially the same as the previous lease; and
WHEREAS the lease addendum will have a term of twenty-five years from October 1, 2015, to September
30, 2040, with annual rent fixed until October 1, 2017 at $62,738.04; and
WHEREAS the County reserves the right to change the rental payments provided under this lease each
and every two years, with the first computation to be made from the date of this lease addendum; and
WHEREAS the Airport Committee and the County's Office of Corporation Counsel have reviewed and
agreed to the terms of the lease addendum.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached lease addendum.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or
his designee to execute the attached lease addendum and all other related documents between the
County and PTK Airport Partnership, LLC,
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
PLANNING AND BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Jackson absent.
Motion for Direct Referral to the Finance Committee carried on a voice vote.
FISCAL NOTE (MISC . #16056) March 30, 2016
BY: Finance Committee, Torn Middleton, Chairperson
IN RE: CENTRAL SERVICES AVIATION DIVISION — AIRPORT LAND LEASE ADDENDUM: PTK
AIRPORT PARTNERSHIP, LLC
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 resolution authorizes the land lease amendment between Oakland County and PTK Airport
Partnership, LLC at the Oakland County International Airport.
2. Oakland County is the owner of Oakland County International Airport in Waterford Township.
3. Parcels of land are leased to various aviation businesses for the purpose of constructing hangars,
aviation ramps, and related appurtenances for the purpose of conducting aviation business at the
airport.
4. The Oakland County International Airport has negotiated with PTK Airport Partnership LLC to
amend the existing land lease by revising the property description to include additional property.
5. The lease addendum will have a term of twenty-five years from October 1, 2015 to September 30,
2040, with annual rent fixed until October 1,2017 at $62,738.04.
6. The Oakland County International Airport reserves the right to change the rental payments
provided under this lease each and every two years, with the first computation to be made from
the date of this lease addendum.
7. A budget amendment is not required at this time.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
OAKLAND COUNTY INTERNATIONAL AIRPORT
AIRPORT LAND LEASE ADDENDUM
THIS MEMORANDUM OF LEASE AND AGREEMENT ADDENDUM, effective
the 1st day of April, 2016, by and between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, hereinafter called the LESSOR, and PTK AIRPORT
PARTNERSHIP, LLC hereinafter called the LESSEE:
WHEREAS the County of Oakland, Lessor, and PTK Airport Partnership, LLC,
Lessee, are parties to a certain Land Lease dated October 1,2015; and
WHEREAS said land lease is for property located on the Oakland County
International Airport in Waterford Township, Oakland County, Michigan, and described as
follows:
Part of the Southwest 1/4 of Section 17, T3N, R9E, Waterford Township, Oakland
County, Michigan, described as beginning at a point located N 00° 0610" E 1339.82
feet and N 89°38'30" E 100.00 feet from the SW corner of Section 17, T3N, R9E;
thence N 00°0610" E 115.00 feet; thence N 89°38'30" E 380.00 feet; thence S00°
0610" W 495.00 feet; thence S 89°38'30" W 380.00 feet; thence N 00 00610" E
380.00 feet to the point of beginning. Property contains 188,100 square feet.
WHEREAS the parties hereto desire to amend the Land Lease by revising
the property description to include additional property.
Part of the Southwest 1/4 of Section 17, T3N, R9E, Waterford Township, Oakland
County, Michigan, described as beginning at a point located N 00° 0610" E 1339.82
feet and N 89°38'30" E 100.00 feet from the SW corner of Section 17, T3N, R9E;
thence N 00°061 0" E 255.00 feet; thence N 89°38'30" E 380.00 feet; thence S 00°
0610" W 635.00 feet; thence S 89'38'30" W 380.00 feet; thence N 00°06'10" E
380.00 feet to the point of beginning. Property contains 241,300 square feet.
With respect to the additional property, four (4) months rent, namely $4,610.68 shall
be paid upon the execution of this lease, of which $1,152.67 shall apply upon the
first month's rent of the term hereby granted, and payment of $3,458.01 shall be
retained by the County as a guaranty fund to be applied upon the rent of the last
three (3) months of said term.
FURTHER Paragraph 5 of said Lease is amended to read:
Lessee agrees to pay the Lessor for the described land at a rate of twenty-six (26)
cents per square foot annually, or a gross sum of $62,738.04 annually, or payable in
twelve (12) equal installments of $5,228.17 per month during the time the lease is in
operation. Rental payments shall be computed from the date of April 1, 2016.
IN ALL OTHER RESPECTS, said lease agreement shall remain in full force and
effect.
IN WITNESS WHEREOF the parties hereto have executed this agreement on the
respective dates hereunder indicated.
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, Lessor
Oakland County Board of Commissioners
PTK AIRPORT PARTNERSHIP, LLC
Lessee
By: PTK FBO Member LLC, Manager
APPROVED BY RESOLUTION OF THE OAKLAND COUNTY BOARD OF
COMMISSIONERS DATED:
OAKLAND COUNTY INTERNATIONAL AIKIRT OAKLAND =NM' TiTCHIGAN a.1•6 S setVLEE tAtIvf LOCATION SKETCH NOT TO SCALE le?! .5 ATAPIAT MAR 4:5 INIET BASIN • STERN NA1-10LE • SAKITARY NAMELE SANITARY sEvER - STORM SEVER vaTearAIN (=TING MAWS IME1 MOADSED GRATES DRAMA& ARMY amme. SEM MEDI FENCE CrESTING CCHT13111 - PROPCISED CLINTOUR FIX LINE • GATE VALME 131 11171147 • SHUTOFF • PIMP KU POL/02 LIOW NI sAICH EASIN fl rns frPT Tr TEATT11N PARCELS ARE LANATCO IN ruin 7:3C X • AN .12E4 6 OlVedlaL fLro111.G. Flat s 26-183-cE-7-.1 I CAI= .M.TZICIM 2S: MOS PaR.S.DEL.1.3:11.81lialiS 2 HANDISAPP SPACES 31 PARKING SPACES TrAiPT, SI 111111T n STR 1 f T 1 A- 1 ELLIEri 0_ TANTWAY C - MCA CHARLIE • , CDRISPLCE HrSOUO na Al 071; CNN ErISDNG LEASE ARFA OFSCRIPTON- -1171: Entermetal Alma.< ▪ Yelt.7:717. 7-71,004 Cannt, 40004M01 tsURE PoPt. otbs Spatimp= ..407.7.1,7.17,10.12mdam7mm,0,4, SM71.074,71.7...m 1,1.77717.3.11.0,0107101777,. MICR. 711.7r=c10. slum mE m 7*, ts-nreSat 37.7.1.10=. 70.,01.11...70.1.16724, 71...107-0SYS 3020 P. nme...7070-1,117.71.0 71...311-717C1713=101., TRET 77-arlr E.=01 imp cm1077707730qaprnsts,07 0.177.cran A.V07.-7-*CLEAISP.40=E7= AOCTH11,1=7.4C • a.p..0..os pftfjPff;FT1 140' AGnmnNAL 41F4CRT;71C1H 'A-7-7C11 5- Propmmy 00444.-. Ccatre-, mscfmmt .7 001.7•P Pa01 01131.1. So:ribmst 77.1010170.17.7)14.PSCWn71771.007.7 040.17 On0n..../ • Oa C.REo 10trZo4a-E,1011..12.1.,. to-trsrL le= A 0-A-nrc,,CASit.s6-1.1.2Tecnt.A19....q. 1/ Ttr_e1CC 0. 777C-17 C 140.DV, MCA= n (0-2010, 70022 S 0.7.117. v 110022 S 3emer, 70 no 0177 Lap a, Pm. Prqr-ry cearal.2.12200..,0 RENAl am. n4CRLSLIOLEnsenns100770790.1301. 13-77,7=1:0 11WRAL 1F4L11- ARFA AmoireoL LEAS. ARFA D.SCRIPTiON. nnacnrty Dantml Al .n-.• 0404e.m1 Last, 2m...nnstIon81 Abp., ho VnImnord Ic.aMoho. Ontenhl Lewes, I11171:4,7n, dm.010,0 F070m. Psi-cE., ttotealwrse /.1.1415.aur0I. TM. 11X.VAArIcro To.-.13. C+7...7,1177ast.L.r. a Ss Awe 77.7.04-.71.70.1720.713, nev-s-Jer E, =7.1=1., SAlT. Alln,5.44 17. Thr-UCE N 0410610 8.U.S.10•{ THEO= A 49-19321. E 232.001 11.1022 S 11082117 V 425- S 13-14-1, V ,38¢10-. 00441Ir C .3107071 =11111S 7.012 42.444100041.82 0-10771 0-0071 z rren it au AtAwn 01010100 3117710, 1- 200S 057 1 - UT= 0.11 In-STU] atntaf rlDt 40 18111 008.40 440411C., 101. 0.00017 tact resuc 47411! 8.000 /nril P •natt . - arra NM Mr./ 1100 • ID =TAM CM. 8..f:011441 BM, 08202 RE Posur 41140CC co-spon ,Iers P 11., - 172: 04.001. 000 34.01,111 00301 sal= u MASEL span00 00W0104. rrsc =1C0.1.12.60 nOCCICrt PIM= M77700 7171770,rC5T 017.0 001100.04 Sr TUC 1.41 I .11S.0.01:1 71.110. :KC 070.7.710, 0011ota n1CYC C.C11.0 1070LC StaRE LI 0.701 SI TON .DMVIK. ALL ISZ.11011 AS 00* .0:0 10.4131•1 It:ets Ml TYE 81115004100 1744160, 04 00000Cr 018 fr.C-17. a a aRE 2000 .0747:07 I-KW= -01007 SI 7011 =TC = Swat,. RCS ‘117.1710. RE 1.415TE. CTO..18 N 97= ••=1. 07 11147 C =04I /1274=C CNC Pi • Gonni Yr. z.-7 Nr= TO seinime an. nt• ; 11-t sena no, Win 11•L •ITL•ni ro410007 .44 EIS Flx...= 51 11. TO In V Wn...0 VS.*. LCOI 182000 #70 715 MI'S= va•TCtJTI 1.r_rag NZ& MPIFIED TO snrn na.C.rr PARInCliDan LL.0 FICO-nr walfains_ TOLE 1rni•nonstC G11.7,27, nal 0 77 0E77177 1751 MS M. Si in-ni mas tic ..pArAT 0.1 vA1C.1 a .1 1.1:Ce 1.11At mAC 10..C.ectsmer WITH 71C o. 0411701 =ACP. 70.711. liermsber•Orm MR Au, uoCSA INN 11111.83445871. -131,17, er00.14.0 MG AM.= rs 17-72 00 MST- 104, 15x000 1104214.1,444.1.7,41,1:010341.1.14.72. 06:13 N 750.8• snEIVCin MS. Men VEs. vAS CAN-E-rEa 1.-1-4-aeta nnst 00.A7 01 KW. 1 I \ I \ mAc 1iff''''CRE7111' CALL AttS Etc 3-1330-4M-7t71 .FL1 711/.01n...... -.. To ...my mom, 017,007prnreft.773.57, 0.7 n01.7. rni00157.0 Mrda /5 m..-S 0,04.1.. In 15-p-in-n7 1,414.11• 8310 zetrisqt 0:STSC5 1-11-LctS m1C/1 ActITIIMA. 18488 ARE• ..7•17 • • /iTCS 4876530200 445 ,KAIMAL 5.11.10:2 s 1340-440 SMN11 s4iEsittnrs..1. .010 041 1452E30F20. cot.. °N.?, siInsaSin ;PAW 4.. xis=recey Win 1CF1.2 E,-.0.12•0 -10.9 MS. 24;v:T t 17 1
OAKLAND COUNTY INTERNATIONAL AIRPORT
AIRPORT LAND LEASE FOR CONSTRUCTION OF PERMANENT BUILDING
THIS MEMORANDUM OF LEASE AND AGREEMENT, to be effective the 1st day of
October, 2015, by and between the COUNTY OF OAKLAND, a Michigan Constitutional
Corporation, hereinafter called the COUNTY, and PTK AIRPORT PARTNERSHIP, LLC
hereinafter called the LESSEE:
WHEREAS the County of Oakland owns and operates the Oakland County
International Airport in Waterford Township and has certain plots of ground available which
can be leased to the Lessee upon the conditions hereinafter specified; and
WHEREAS the Lessee is desirous of leasing said plot of ground upon said
conditions for the purpose hereinafter set forth.
NOW THEREFORE THIS AGREEMENT WITNESSETH:
la) The County hereby lets and leases to the Lessee and the Lessee hereby
leases from the County for a period of twenty-five years (25) from and after the date of this
lease for a term commencing October 1, 2015 and expiring September 30, 2040, the
hereinafter described property. The Lessee shall have the right of renewal of this lease at
the expiration thereof upon such terms and conditions as shall be agreed upon between
the parties hereto. The County reserves the right to change the rental payments provided
under this lease each and every two (2) years, first computation to be made from the date
of this lease. Said changes in rental payments shall be based on the rental rates in effect
at the Oakland County International Airport at the expiration date of each two-year period.
An amendment to the lease providing for such increased rental payments shall be
executed by the parties. If such amendment is not executed, then the lease shall be
terminated by the County by written notice to the Lessee by Certified United States Mail.
Said property located on the Oakland County International Airport in Waterford Township,
Oakland County, Michigan, and described as follows:
Part of the Southwest 1/4 of Section 17, T3N, R9E, Waterford Township, Oakland
County, Michigan, described as beginning at a point located N 00°06'10" E 1339.82
feet and N 89°38'30" E 100.00 feet from the SW corner of Section 17, T3N, R9E;
thence N 00°06'10" E 115.00 feet; thence N 89'38'30" E 380.00 feet; thence S
00'06'10" W 495.00 feet; thence S 89 038130" W 380.00 feet; thence N 00°06'10" E
380.00 feet to the point of beginning. Property contains 188,100 square feet.
lb) Four (4) months' rent, namely $16,302.00 shall be paid upon the execution
of this lease, of which $4,075.50 shall apply upon the first month's rent of the term hereby
granted, and payment of $12,226.50 shall be retained by the County as a guaranty fund to
be applied upon the rent of the last three (3) months of said term.
2a) The Lessee hereby agrees to use said land so let and leased under Item 1
hereof only for the purpose of commercial use incidental to the sale, servicing and storage
of aircraft provided other uses of the premises may be authorized by resolution of the
Airport Committee,
2b) The Lessee agrees it will use said property in compliance with the laws and
regulations of the Township of Waterford, Oakland County, State of Michigan, the United
States, the Michigan Aeronautics Commission and the Federal Aviation Administration,
including but not limited to 42 U.S.C. 6991, et seq., 40 C.F. R. Part 281, and MCL 299.701,
et seq.
above described proporty not loss than a minimum o
within-e-n-e-(1)-a
e-an-aroved- by th
2d) If this Lease is terminated by either party or its own terms prior to the
expiration of, or at any time during the term of this lease, the County shall have the first
right of refusal to acquire such hangar by paying Lessee the then fair market value as
further provided in paragraph 6b.
3) The Lessee agrees that the privileges herein granted, in whole or in part,
shall not be assigned, transferred or in any manner disposed of without the approval of the
Airport Committee of the County of Oakland, Michigan.
4) The Lessee agrees that in the use of said above described land, no
obstruction shall be made or any inconvenience caused to the County in the business of
operating and maintaining the Oakland County International Airport,
5) The Lessee agrees to pay the County for the above described land at a rate
of $0.26 per square foot annually, or a flat rate of $48,906.00 annually, or payable in
twelve (12) equal installments of $4,075.50 per month, and payable on the first of each and
every month during the time that this lease is in operation. Rental payments to be
computed from date of October 1, 2015. A late charge of one percent (1%) per month on
the unpaid balance shall be applied to payments made after the 20th of each month and
shall be cumulative.
6a) The County agrees that at the expiration of this lease or any renewal thereof,
Lessee may within a reasonable time remove any and all buildings, structures and other
improvements or part of buildings, structures or other improvements placed or erected on
said premises by the Lessee during the term thereof or any renewal thereof; all expenses
connected with such removal to be borne by Lessee.
3214286.1 2
6b) If this Lease is terminated by operation of law or another provision contained
in this Lease prior to its expiration, or at any time during the term of this Lease, the County
shall, upon thirty (30) days written notice, have the right to terminate the Lease and to
acquire such hangar, or to recapture a portion of the leased lot, by paying Lessee the then
fair market value, as determined by a certified appraiser mutually selected and approved
by the County and Lessee, the cost of which appraisal shall be borne equally by the
parties.
7) It is further agreed that the enjoyment and use in common with others upon
the Oakland County International Airport of all entrances, exits, approaches and means of
entrance and approach and of light and air now in favor of the demised premises shall not
be interfered with or interrupted by any act of either the County or the Lessee during the
term of this lease.
8) The Lessee as part of the consideration hereof, hereby undertakes and
agrees to indemnify and save the County harmless of and from all loss, injury or damage to
person or property of the County, employees of the County or others which may arise or be
alleged to arise through, on account of or out of the privilege herein granted, whether
caused by theft, fire or otherwise.
9) The Lessee undertakes and agrees that in case any claim is made or suit is
brought against the County for any loss, injury or damage arising out of Lessee's use of the
premises or the airport, the Lessee will upon notice from the County, settle, adjust and
defend the same at the Lessee's sole cost and expense and will pay any judgment
rendered together with costs of court.
10) Any grading of land, drilling of well, installing of underground electric or
telephone cable, septic tank, underground fuel tanks or any other facility above or below
ground shall be done at the Lessee's own expense, including snow removal and general
maintenance.
11) That as part of the consideration of this lease, the County hereby grants to
the Lessee the right to use in common with others having that right for aircraft that portion
of the Oakland County International Airport landing field and appurtenance including
runways, apron to runways and parking facilities for Lessee's automobiles, which are now
owned or which may hereafter be acquired by the County at such times during day or night
and days of the week as shall be established from time to time by such rules and
regulations as may be prescribed for the use thereof by any County department or any
branch or agency of the federal government having jurisdiction.
12) That the County shall have the right to enter upon the demised premises to
maintain, repair, renew or remove sewers and underground telephone or telegraph
conduits or other installations. The County agrees to perform any work with reasonable
dispatch and to leave said premises in as good order and condition as the same were in
prior to the commencement of the work.
3214286.1 3
13) The Lessee expressly grants to the County a lien on the building which the
Lessee may erect on the premises covered by this lease for the security of the payment by
the Lessee to the County of any rental sums due the said County.
14) That if the County be required by any future governmental regulation or if any
contingencies arise in the future whereby the County or its own authorized agencies adopt
a general policy of charging a landing fee, then upon due notice, the Lessee shall pay such
fee as additional rent, provided however that other tenants of the County at the airport are
charged a similar fee.
15) The Lessee covenants and agrees that it will keep the exterior of the building
constructed by Lessee and the appurtenant grounds covered by this lease in tidy condition,
the grass mowed, and that the grounds shall be kept free from weeds, rubbish and other
unsightly objects or things.
16) No signs, posters or similar devices shall be erected, displayed or maintained
in view of the general public in, on or above the space herein leased without written
approval of the Airport Manager, and any not approved by him shall be removed by the
County at the expense of the Lessee.
17) The Lessee further agrees to pay any taxes or special assessments
hereinafter legally levied by a governmental agency against the lands covered by this
lease, including buildings or personal property of the Lessee. The non-payment of any
such taxes by the Lessee for ninety (90) days shall be grounds for cancellation of this lease
by the County.
18) It is agreed that the County and its duly authorized employees shall have the
right of ingress and egress to said leased premises, including all buildings or
appurtenances placed or erected on said premises for inspection purposes or for any
purpose occasioned by emergency.
19) It is expressly understood that the present rules and regulations now in effect
governing the Oakland County International Airport, or any future amendment thereto, shall
be binding and shall be considered a part of this lease and shall be complied with by the
Lessee in all details.
20) It is further agreed that if the Lessee shall neglect or fail to pay the payments
promptly as specified in this lease, and if there is a failure to pay the same for a period in
excess of sixty (60) days, then this lease shall become void and the rights of the Lessee
terminated thereunder, and the said Lessee shall be a tenant from month to month and
subject to eviction by legal process in accordance with the statutes of the State of
Michigan.
3214286,1 4
21) It is further understood that should the Lessee be adjudicated bankrupt or
have a judgment entered against the Lessee which affects Lessee=s obligations under this
Lease or that the premises and Lessee=s property, including fixtures, shall come into the
control of a trustee, receiver or a person acting under court order, and said judgment is not
satisfied, or trustee, receiver or person is not discharged, within sixty (60) days, then
County may, by written notice, terminate this Lease. If the County elects not to terminate
this Lease, County may accept rent from the trustee, receiver, or person acting under court
order for such term of such occupancy without impairing or affecting, in any way, the rights
of the County against the Lessee under this Lease.
22) The County hereby declares the policy to be in connection with leases of
present and future properties on the Oakland County International Airport, and the Lessee
will be required to lease the entire lot designated on the Master Plan, as the County will not
lease half a lot or any part thereof.
23) If in Paragraph 2 the County grants permission to the Lessee to operate a
commercial business on the property herein described, then the four following paragraphs,
Nos. 25, 26, 27 and 28, shall apply for commercial use.
24) The Lessee shall furnish good, prompt and efficient service adequate to meet
all demands for its service at the airport.
26a) The Lessee for himself, his personal representatives, successors in interest
and assigns as a part of the consideration hereof, does hereby covenant and agree as a
covenant running with the land that (1) no person on the grounds of race, color or national
origin shall be excluded from participation in, denied the benefits of or be otherwise
subjected to discrimination in the use of said facilities; and (2) that in the construction of
any improvements on, over or under such land and the furnishing of services thereon, no
person on the grounds of race, color or national origin shall be excluded from participation
in, denied the benefits of or be otherwise subjected to discrimination in the use of said
facilities; and (3) that the Lessee shall use the premises in compliance with all other
requirements imposed by or pursuant by or Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in federally-assisted programs of the Department of Transportation--
effectuation of Title VI of the Civil Rights Act of 1964, as said regulations may be amended.
25b) In the event of breach of any of the above nondiscrimination covenants, the
County shall have the right to terminate the lease and to re-enter and repossess said land
and the facilities thereon, and hold the same as if said lease had never been made or
issued.
26) Lessee shall charge fair, reasonable and nondiscriminatory prices for each
unit of sale or service, provided that the Lessee may be allowed to make reasonable and
3214286.1 5
nondiscriminatory discounts, rebates and other similar types of price reduction to volume
purchasers.
27) This lease shall be non-exclusive and subordinate to the provisions of any
existing or future agreement between the County 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.
28) The County reserves the right to further develop or improve the landing or
other areas of the airport as it sees fit, regardless of the desires or views of the Lessee and
without interference or hindrance.
29) The County reserves the right to take any action it considers necessary to
protect the aerial approaches of the airport against obstruction, together with the right to
prevent the Lessee from erecting or permitting to be erected any building or other structure
on the airport, which in the opinion of the County would limit the usefulness of the airport or
constitute a hazard to aircraft.
30) Assignment and Subletting. Except as otherwise provided herein, Lessee
shall not, without County=s written consent, assign, sublet or otherwise transfer its interest
in the premises or any part thereof.
31) Remedies Not Exclusive. County's and Lessee's rights, remedies and
benefits under this Lease are cumulative and shall not be exclusive of any other rights
remedies and benefits allowed by law, or equity.
32) Successors. The covenants, conditions and agreements made and entered
into by the County and Lessee shall be binding on their heirs, personal representatives,
administrators, executors, successors and assigns.
33) Entire Agreement. This Lease, the exhibits, and/or addendum, if any,
attached hereto and forming• a part hereof set forth all the covenants, promises,
agreements, conditions and understanding between the parties and there are no matters,
whether written or oral, between the parties other than set forth herein.
34) Partial Invalidity. The invalidity or unenforceability of any provision of this
Lease shall not affect or impair the validity of any other provision.
35) Notices. All notices of any kind to Lessee shall be sent to Lessee at the
following address or to such other address as Lessee may designate by written notice:
Matthew J. Shiffman
3214286.1 6
PTK Airport Partnership, LLC
27777 Franklin Road, Ste 200
Southfield, MI 48034
All notices of any kind to County shall be sent to County at the following address or such
other address as County may designate by written notice:
Airport Manager
Oakland County International Airport
6500 Highland Road
Waterford, MI 48327
All notices shall be in writing with postage prepaid, registered or certified mail, return
receipt requested.
36) Relationship of the Parties. Nothing contained in this Lease shall be deemed
or construed as creating the relationship of principal and agent or of partnership or joint
venture between the parties hereto, it being understood and agreed that neither the
method of computing rent or any additional charges nor any other provision herein nor any
acts of the parties shall create any relationship between the parties other than that of
County and Lessee.
3214286.1 7
LC
rid Count
IN WITNESS WHEREOF the parties hereto have executed this agreement on the
date hereunder indicated.
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, Lessor
PTK AIRPORT PARTNERSHIP, LLC,
Lessee
By: PTK FBO Member LLC, Manager
By: ----7.41,(
Ma-nager
APPROVED BY RESOLUTION OF THE OAKLAND COUNTY AIRPORT COMMITTEE
DATED:
3214286.1 8
oy/ott/
--- IMAM' APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO IVICL 4.5.559A (7)
Resolution #16056 March 30, 2016
Moved by Kochenderfer supported by McGillivray the resolutions (with fiscal notes attached) on the
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kochenderfer,
KowaII, Long, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Bowman,
Crawford. (20)
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).
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 30,
2016, 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 30th day of March, 2016.
Lisa Brown, Oakland County