HomeMy WebLinkAboutResolutions - 2016.03.30 - 22239MISCELLANEOUS RESOLUTION #16058 March 30, 2016
BY: Planning and Building Committee, Philip Weipert, Chairperson
IN RE: CENTRAL SERVICES AVIATION DIVISION — AIRPORT LAND LEASE ADDENDUM: M & M
AIRPORT MANAGEMENT LLC
To The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland ("the County") owns the Oakland/Troy Airport in Troy; 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 M & M Airport Management LLC to amend the existing land
lease by revising the property description to include additional property, which is attached hereto; and
WHEREAS the existing 20-year lease between M & M Airport Management LLC and the County
became effective on April 1, 2003; and
WHEREAS the terms of the amended lease are substantially the same as the previous lease; and
WHEREAS the amended lease will have a term of twenty years from April 1, 2003, to March 31, 2023,
with annual rent fixed for until April 1, 2017 at $27,879.28; 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 the amended lease; and
WHEREAS the Airport Committee and the County's Office of Corporation Counsel have reviewed and
agreed to the terms of the amended lease.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached amended lease.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or
his designee to execute the attached amended lease and all other related documents between the
County and M & M Airport Management LLC,
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
Jel P NIN
(
G AND BUILDING CO MITTEE
1
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. #16058) March 30, 2016
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: CENTRAL SERVICES AVIATION DIVISION — AiRPORT LAND LEASE ADDENDUM: M & M
AIRPORT MANAGEMENT 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 M&M Airport
Management, LLC at the Oakland/Troy Airport in Troy.
2. Oakland County is the owner of Oakland/Troy Airport in Troy.
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/Troy Airport has negotiated with M & M Airport Management LLC to amend the
existing land lease by revising the property description to include additional property.
5. The amended lease will have a term of twenty years from April 1, 2003 to March 31, 2023, with
annual rent fixed until April 1,2017 at $27,879.28.
6. The Oakland/Troy 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 / TROY AIRPORT
AIRPORT LAND LEASE ADDENDUM
THIS MEMORANDUM OF LEASE AND AGREEMENT ADDENDUM, effective the
1st day of November, 2015, by and between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, hereinafter called the LESSOR, and M & M AIRPORT
MANAGEMENT LLC, hereinafter called the LESSEE:
WHEREAS the County of Oakland, Lessor, and M & M AIRPORT MANAGEMENT
LLC, Lessee, as an Assignee of JDS Pump-N-Go, LLC, are parties to a certain Land Lease
dated April 17, 2003, and Land Lease Addenda dated November 20, 2003, and March 10,
2005, and December 20, 2007, and October 23, 2008, which lease was assigned by Land
Lease Assignments dated February 2, 2006 and December 20, 2007; and
WHEREAS said land lease is for property located on the Oakland/Troy Airport in
Troy, Michigan, and described as follows:
Parcel A. A parcel of land being part of the South 1/2 of the Northwest 1/4 of Section
32, T.2N., R.11.E., City of Troy, Oakland County, Michigan, described as:
Commencing at a point located distant North 647.98 feet along the West line of
Section 32 and S 88° 10' 50" E, 1521.82 feet along the North line of "Birmingham
Airport Subdivision No. 1", City of Troy, Oakland County, Michigan, as recorded in
Liber 112 of Plats, Page 38, Oakland County Records, to the Northeast corner of
Lot 14 of said subdivision and N 72° 19' 16" W, 175.57 feet from the West Y4 corner
of said Section 32 thence from said point of beginning N 01° 50' 57" E, 220.21 ft.;
thence 88° 31' 31" W, 218.50 ft; thence S 01° 50' 57"W, 218.79 ft; S 88° 09' 05"E,
218.50 ft to the point of beginning. Containing 47,960.77 square feet.
WHEREAS the parties hereto desire to amend the Land Lease to reflect the revised
property description.
NOW THEREFORE the property description in Paragraph 1 of said Land Lease is
amended as follows:
Parcel A: A parcel of land being part of the South 112 of the Northwest 1/4 of
Section 32, T.2N., R.11E., City of Troy, Oakland County, Michigan, described
as: Commencing at the West 1/4 corner of said Section 32; thence due North
along the West section line, 647.98 feet; thence S 88° 10' 50" E, 1521.82 feet;
along the North line of "Birmingham Airport Subdivision No. 1", City of Troy,
Oakland County, Michigan, as recorded in Liber 112 of Plats, Page 38, Oakland
County Records, to the Northeast corner of Lot 14 of said subdivision thence N
72° 19' 16" W, 175.57 feet to the Point of Beginning; thence from said Point of
Beginning N 1° 50' 57" E, 259.00 feet; thence N 88° 09' 06" W, 255.00 feet;
1
thence S 10 50' 57" W, 259.00 feet; thence S 88° 09' 06" E, 255.00 feet to the
Point of Beginning. Containing 66,045 square feet.
Parcel B: A parcel of land being part of the South 1/2 of the Northwest 114 of
Section 32, T2N., R,11E., City of Troy, Oakland County , Michigan, described
as: Commencing at a point located distant North 647.98 feet along the West line
of Section 32, and S 88° 10' 50" E, 1521.82 feet along the North line of
"Birmingham Airport Subdivision No, 1", City of Troy, Oakland County, Michigan,
as recorded in Liber 112 of Plats, Page 38, Oakland County Records, to the
Northeast corner of Lot 14 of said subdivision and N 72° 19' 16" W, 175.57 feet
and N 88-09-06 W, 255.00 feet from the West 1/4 corner of said Section 32,
thence from said point of beginning N 01-50-57 E, 259.00 ft.; thence N 88-09-06
W, 158.94 ft.; thence S 01-52-48W, 259.00 ft.; thence S 88-09-06 E, 159.08
feet to the point of beginning. Containing 41,183.59 sq. ft. sq. ft. more or less.
Total area of described property is 107,228.59 square feet.
With respect to the additional property, four (4) months rent, namely $5,136.56 shall
be paid upon the execution of this lease, of which $1,284.14 shall apply upon the
first month's rent of the term hereby granted, and payment of $3,852.42 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 $27,879.48 or payable in twelve
(12) equal installments of $2,323.29 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 the date of November 1, 2015,
IN ALL OTHER RESPECTS, said lease agreement shall remain in full force and
effect.
2
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
, Chairperson
Oakland County Board of Commissioners
M & M AIRPORT MANAGEMENT LLC,
Lessee
3
OAKLAND / TROY AIRPORT
AIRPORT LAND LEASE ADDENDUM
THIS MEMORANDUM OF LEASE AND AGREEMENT ADDENDUM, effective the
first day of September, 2008, by and between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, hereinafter called the LESSOR, and M & M AIRPORT
MANAGEMENT LLC, hereinafter called the LESSEE:
WHEREAS the County of Oakland, Lessor, and M & M AIRPORT MANAGEMENT
LLC, Lessee, as an Assignee of JDS Pump-N-Go, LLC, are parties to a certain Land Lease
dated Apri117, 2003, and Land Lease Addenda dated November 20, 2003, and March 10,
2005, and December 20, 2007 which lease was assigned by Land Lease Assignments
dated February 2, 2006 and December 20, 2007; and
WHEREAS said land lease is for property located on the Oakland/Troy Airport in
Troy, Michigan, and described as follows;
Parcel A. A parcel of land being part of the South % of the Northwest 1/4 of Section
32, T.2N., R,11.E., City of Troy, Oakland County, Michigan, described as:
Commencing at a point located distant North 647.98 feet along the West line of
Section 32 and S 88° 10' 50" E, 1521.82 feet along the North line of "Birmingham
Airport Subdivision No. 1", City of Troy, Oakland County, Michigan, as recorded in
Liber 112 of Plats, Page 38, Oakland County Records, to the Northeast corner of
Lot 14 of said subdivision and N 72° 19' 16" W, 175.57 feet from the West 1/4 corner
of said Section 32 thence from said point of beginning N 01° 50' 57" E, 220.21 ft.;
thence 88° 31' 31" W, 218.50 ft; thence S 01° 50' 57"W, 218.79 ft; S 88° 09' 05"E,
218.50 ft to the point of beginning. Containing 47,960.77 square feet.
Parcel B. A parcel of land being part of the South 1/2 of the Northwest 1/4 of Section
32, T.2.N., R.11 .E., City of Troy, Oakland County, Michigan, described as:
Commencing at a point located distant North 647.98 feet along the West line of
Section 32, and 588° 10' 50"E, 1521.82 feet along the North line of "Birmingham
Airport Subdivision No 1", city of Troy, Oakland County, Michigan as recorded in
Liber 112 of Plats, Page 38, Oakland County Records, to the Northeast corner of
Lot 14 of said subdivision and N 72° 19' 16" W, 175.67 feet and N 88° 09' 05" W,
218.50 feet from the West 1/4 corner of said Section 32, thence from said point of
beginning N 01° 50' 57" E, 259,00 ft.; thence N 88° 09' 05" W, 195.56 ft.; thence S
01° 52' 49" W, 259.00 ft.; thence S 88° 09' 05" E, 195.70 feet to the point of
beginning. Containing 50,688.37 square feet.
Total area of described property is 98,649.14 square feet.
WHEREAS the parties hereto desire to amend the Land Lease to reflect the revised
property description.
NOW THEREFORE the property description in Paragraph 1 of said Land Lease is
amended as follows:
Parcel A. A parcel of land being part of the South 1/2 of the Northwest 1/4 of Section
32, T.2N,, R,11.E,, City of Troy, Oakland County, Michigan, described as:
Commencing at a point located distant North 647.98 feet along the West line of
Section 32 and S 88' 10' 50" E, 1521.82 feet along the North line of "Birmingham
Airport Subdivision No. 1", City of Troy, Oakland County, Michigan, as recorded in
Liber 112 of Plats, Page 38, Oakland County Records, to the Northeast corner of
Lot 14 of said subdivision and N 72° 19' 16" W, 175.57 feet from the West 1/4 corner
of said Section 32 thence from said point of beginning N 01* 50' 57" E, 220.21 ft.;
thence 88' 31' 31" W, 218.50 ft; thence S 01° 50' 57"W, 218.79 ft; 588° 09' 05"E,
218.50 ft to the point of beginning. Containing 47,960,77 square feet.
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 $12,469.80 or payable in twelve
(12) equal installments of $1,039.15 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 the date of September 1, 2008.
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
Thomas F. Middleton, Chairperson
OaklaN County Airport Committee
Vincent Gregory, Vice egairpprson
Oakland Cpuqty Airport CorKmittee
J. D-a—viciVanderVeen, Director
Department of Central Services
M & M AIRPORT MANAGEMENT LLC,
Lessee
APPROVED BY RESOLUTION OF THE OAKLAND COUNTY AIRPORT COMMITTEE
DATED
Leases/M & M addendum
OAKLAND / TROY AIRPORT
AIRPORT LAND LEASE ADDENDUM
THIS MEMORANDUM OF LEASE AND AGREEMENT ADDENDUM, effective the
first day of September, 2008, by and between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, hereinafter called the LESSOR, and M & M AIRPORT
MANAGEMENT LLC, hereinafter called the LESSEE:
WHEREAS the County of Oakland, Lessor, and M & M AIRPORT MANAGEMENT
LLC, Lessee, as an Assignee of JIDS Pump-N-Go, LLC, are parties to a certain Land Lease
dated April 17, 2003, and Land Lease Addenda dated November 20, 2003, and March 10,
2005, and December 20, 2007 which lease was assigned by Land Lease Assignments
dated February 2, 2006 and December 20, 2007; and
WHEREAS said land lease is for property located on the Oakland/Troy Airport in
Troy, Michigan, and described as follows:
Parcel A. A parcel of land being part of the South 1/2 of the Northwest 1/4 of Section
32, T.2N., R.11.E., City of Troy, Oakland County, Michigan, described as:
Commencing at a point located distant North 647.98 feet along the West line of
Section 32 and S 88° 10' 50" E, 1521.82 feet along the North line of "Birmingham
Airport Subdivision No. 1", City of Troy, Oakland County, Michigan, as recorded in
Liber 112 of Plats, Page 38, Oakland County Records, to the Northeast corner of
Lot 14 of said subdivision and N 72° 19' 16" W, 175.57 feet from the West 1/4 corner
of said Section 32 thence from said point of beginning N 01° 50' 57" E, 220.21 ft.;
thence 88° 31' 31" W, 218.50 ft; thence 01° 50' 57"W, 218.79 ft; S 88° 09' 05"E,
218.50 ft to the point of beginning. Containing 47,960.77 square feet.
Parcel B. A parcel of land being part of the South Y2 of the Northwest 1/4 of Section
32, T.2.N., R.11.E., City of Troy, Oakland County, Michigan, described as:
Commencing at a point located distant North 647.98 feet along the West line of
Section 32, and S 88° 10' 50" E, 1521.82 feet along the North line of "Birmingham
Airport Subdivision No 1", city of Troy, Oakland County, Michigan as recorded in
Liber 112 of Plats, Page 38, Oakland County Records, to the Northeast corner of
Lot 14 of said subdivision and N 72° 19' 16" W, 175.57 feet and N 88° 09' 05" W,
218.50 feet from the West 1/4 corner of said Section 32, thence from said point of
beginning N 01° 50' 57" E, 259.00 ft.; thence N 88° 09' 05" W, 195.56 ft.; thence S
01° 52' 49" W, 259.00 ft.; thence S 88° 09' 05" E, 19510 feet to the point of
beginning. Containing 50,688.37 square feet.
Total area of described property is 98,649.14 square feet.
WHEREAS the parties hereto desire to amend the Land Lease to reflect the revised
property description.
NOW THEREFORE the property description in Paragraph 1 of said Land Lease is
amended as follows:
Parcel A. A parcel of land being part of the South 1/2 of the Northwest IA of Section
32, T.2N., R.11 E., City of Troy, Oakland County, Michigan, described as:
Commencing at a point located distant North 647.98 feet along the West line of
Section 32 and S 88° 10' 50" E, 1521.82 feet along the North line of "Birmingham
Airport Subdivision No. 1", City of Troy, Oakland County, Michigan, as recorded in
Liber 112 of Plats, Page 38, Oakland County Records, to the Northeast corner of
Lot 14 of said subdivision and N 72° 19' 16" W, 175.57 feet from the West 1/4 corner
of said Section 32 thence from said point of beginning N 01' 50' 57" E, 220.21 ft.;
thence 88° 31' 31" W, 218.50 ft; thence S 01° 50' 57"W, 218.79 ft; S 88° 09' 05"E,
218.50 ft to the point of beginning. Containing 47,960.77 square feet.
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 $12,469.80 or payable in tweive
(12) equal installments of $1,039.15 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 the date of September 1, 2008.
IN ALL OTHER RESPECTS, said lease agreement shall remain in full force and
effect.
lf homas F. Mi dieton, Chairperson
Oaklanii County Airport Committee
Vincent Gregory,
Oakland Couety,Airpo
J, David VinderVeen, Director
Department of Central Services
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
M & M AIRPORT MANAGEMENT LLC,
Lessee
APPROVED BY RESOLUTION OF THE OAKLAND COUNTY AIRPORT COMMITTEE
DATED
Leases/M & M addendum
OAKLAND I TROY AIRPORT
AIRPORT LAND LEASE ADDENDUM
THIS MEMORANDUM OF LEASE AND AGREEMENT ADDENDUM, effective the
first day of January, 2008, by and between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, hereinafter called the LESSOR, and M & M AIRPORT
MANAGEMENT LLC, hereinafter called the LESSEE:
WHEREAS the County of Oakland, Lessor, and M & M AIRPORT MANAGEMENT
LLC, Lessee, as an Assignee of JDS Pump-N-Go, LLC, are parties to a certain Land Lease
dated Apri117, 2003, and Land Lease Addenda dated November 20, 2003, and March 10,
2005, which lease was assigned by Land Lease Assignments dated February 2, 2006 and
December 20, 2007; and
WHEREAS said land lease is for property located on the Oaklandriroy Airport in
Troy, Michigan, and described as follows:
A parcel of land being part of the South 1/2 of the Northwest 114 of Section 32,
T2N., R.11E., City of Troy, Oakland County, Michigan, described as: Commencing
at the West 1/4 corner of said Section 32, thence due North along the West section
line, 647.98 ft.; thence S. 88 0 10150"E., 1,521,82 ft. along the North line of
"Birmingham Airport Subdivision No, 1", City, of Troy, Oakland County, Michigan, as
recorded in Liber 112 of Plats, Page 38, Oakland County Records, to the Northeast
corner of Lot 14 of said subdivision; thence N. 72°191 6"W., 175,57 ft. to the Point
of Beginning; thence from said Point of Beginning N. 01°50'57"E., 259ft.; thence N.
88°09'06"W., 255.00 ft.; S. 01°50'57"W., 259ft.; thence S. 88°09'06"E, 255,00 feet
to the Point of Beginning. Containing 66,045.00 square feet.
WHEREAS the parties hereto desire to amend the Land Lease to reflect the revised
property description.
NOW THEREFORE the property description in Paragraph 1 of said Land Lease is
amended as follows:
Parcel A. A parcel of land being part of the South '1/2 of the Northwest 1/4 of Section
32, T.2N,, R.11E., City of Troy, Oakland County, Michigan, described as:
Commencing at a point located distant North 647.98 feet along the West line of
Section 32 and S 88° 10' 50" E, 1521.82 feet along the North line of "Birmingham
Airport Subdivision No. 1", City of Troy, Oakland County, Michigan, as recorded in
Liber 112 of Plats, Page 38, Oakland County Records, to the Northeast corner of
Lot 14 of said subdivision and N 72' 19' 16" W, 175.57 feet from the West 1/4 corner
of said Section 32 thence from said point of beginning n 01-50-57E, 220.21 ft.;
thence 88-31-31 W, 218.50 ft; thence S 01-50-57W, 218.79 ft; S 88-09-05E, 218.50
ft to the point of beginning. Containing 47,960.77 square feet.
Parcel B. A parcel of land being part of the South 1/2 of the Northwest 1/4 of Section
32, T.2n,, R.11E., City of Troy, Oakland County, Michigan, described as:
Commencing at a point located distant North 647.98 feet along the West line of
Section 32, and S 88° 10' 50" E, 1521.82 feet along the North line of "Birmingham
Airport Subdivision No 1", city of Troy, Oakland County, Michigan as recorded in
Liber 112 of Plats, Page 38, Oakland County Records, to the Northeast corner of
Lot 14 of said subdivision and N 72° 19' 16" W, 175,57 feet and N 88-09-05W,
218.50 feet from the West 1/4 corner of said Section 32, thence from said point of
beginning N01-50-57 E, 259.00 ft.; thence N 88-09-05 W, 195.56 ft.; thence S Dl-
52-49 W, 259.00 ft.; thence S 88-09-05 E, 195.70 feet to the point of beginning.
Containing 50,688.37 square feet.
Total area of described property is 98,649,14 square feet.
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 $25,648.80 or payable in twelve
(12) equal installments of $2,137.40 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 the date of January 1, 2008.
IN ALL OTHER RESPECTS, said lease agreement shall remain in full force and
effect.
Thomas F. Middleton, Chairperson
Oakland Coun9.-Attport Committee
Gregory, Vice Chairperson
and County Airport Committee
J. David rElderV6On, Director
Department of Central Services
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
M & M AIRPORT MANAGEMENT LLC,
Lessee
APPROVED BY RESOLU TION OF THE OAKLAND COUNTY AIRPORT COMMITTEE
DATED /2 / .
Leases/M & M addendum
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
Thomas F. Middleton, Chairperson
Oakland County Airport Committee
Vincent Gregory, Vice Chairperson
Oakland County Airport Committee
J. David VanderVeen, Director
Department of Central Services
M & M AIRPORT MANAGEMENT LLC,
Lessee
APPROVED BY RESOLUTION OF THE OAKLAND COUNTY AIRPORT COMMITTEE
DATED
Leases/M & M addendum
ocg
218,50'
0
A I port A "port SuOdivision No. 1"
12 1 14
RIGHT-OF-WAY SURVEY SKETCH
SOUTH EDOE OF THE TAXIWAY
Lease Area "B"
Lease Area IA"
47,960.77 sq. rt.
1.10 acres
0
0 174
CD
0
SERVICE 21(1.50'
ROAD 1521,62'
INDUSTRIAL ROW DRIVE
WEST COR
SEC, 32, T2N RIlE
Lease Description "A" for Troy Airport
A parcel of land being part of the South 1/2 of the Northwest 1/4
of Section 32, T.2N., R.11E., City of Troy, Oakland County,
Michigan, described as: Commencing at a point located distant
North 047.98 feet along the West line of Section 32, and
S 88° 10' 60" E, 1621.82 feet along the North line of
"Birmingham Airport Subdivision No. 1", City of Troy,
Oakland County, Michigan, as recorded in Liber 112 of Plats,
Page 38, Oakland County Records, to the Northeast corner of
Lot 14 of said subdivision and N 72° 19'16" W, 175.57 feet from
the West 1/4 corner of said Section 32 thence from said point of
beginning N 01-50-57 E, 220.21 ft.; thence N 88-31-31 W,
218.50 ft.; thence S 01-50-57W, 218.79 ft.; thence S 88-09-05 E,
218.50 ft. to the point of beginning.
Containing 47,960.77 sq. ft. more or less.
ORA nIN 511 DJL DATE- 11/28/2007
cH4-cov 6%. DJL SCALE. 1" = 100'
JOB NAsir. OAKLAND TROY AIRPORT sHa-r 1 OF 1
100,4170M CITY OF TROY 5vow 32 1/4 NW
TROY AIRPORT LEASE "A"
11/30/2007 11 16:30 Alkf, hinted
EOM EDGE OF THE TAXIWAY _
MAY
RIGHT-OF-WAY SURVEY SKETCH
Lease Area "BR 8
50,668.37 sq. ft.
1.16 acres
Lease Area "AN COOLIDGE ROAD
195.7o -
SERVICE
218.60'
1521.82' ROAD
"Birmingham Aitpor4 Subdivr ion No. 1"
WEST I CAR,
SEC. 32, T2N 1111E
INDUSTRIAL ROW DRIVE
Lease Description "B" for Troy Airport
A parcel of land being part of the South 1/2 of the Northwest
1/4 of Section 32, T.2N., R.11E., City of Troy, Oakland
County Michigan, described as: Commencing at a point
located distant North 647.98 feet along the West line of
Section 32, and S 88° 10' 50" E, 1521.82 feet along the North
line of "Birmingham Airport Subdivision No. 1", City of
Troy, Oakland County, Michigan, as recorded in Liber 112 of
Plats, Page 38, Oakland County Records, to the Northeast
corner of Lot 14 of said subdivision and N 72° 19' 16" W,
175.57 feet and N 88-09-05W, 218.50 feet from the West 114
corner of said Section 32, thence from said point of beginning
N 01-50-57 E, 259.00 ft.; thence N 88-09-05W, 195.56 ft.;
thence S 01-52-49 W, 259.00 ft.; thence
S 88-09-05 E, 195.70 feet to the point of beginning.
Containing 50,668.37 sq. ft. sq. ft. more or less.
DRAM! BY: DJL DAM. 11/28/2007
O ,
CHECKED 611 DJL SCAM 1" = 100'
dos AfAmF: OAKL4ND TROY AIRPORT stir Er 1 OF 1 -.
COCA RON, CITY OF TROY SECTION 32 i/4 NW
TROY AIRPORT LEASE "B"
111/3012057 11:16;38 AM, MAW
OAKLAND/TROY AIRPORT
ASSIGNMENT OF AIRPORT LAND LEASE
THIS AGREEMENT, effective the first day of January 2008, by and between the
COUNTY OF OAKLAND, a Michigan Constitutional Corporation, (hereinafter called
"Lessor"), and JDS Pump-N-Go, L.L.C., a Michigan limited liability company , a
Michigan limited liability company, (hereinafter called "Assignor"), and M & M Airport
Management LLC, a Michigan limited liability company, (hereinafter called "Assignee").
RECITALS
WHEREAS, the County of Oakland, as Lessor, and JJ Leasing, L.L.C., as
Lessee, entered into an Airport Land Lease dated April 17, 2004, which was amended
on November 20, 2003, March 10, 2005, and February 2, 2006 (a copy of which Lease
and Amendments are attached hereto as Exhibit "A"); and
WHEREAS said lease is for property located on the Oakland/Troy Airport in
Troy, Oakland County, Michigan, more specifically described in said Lease; and
WHEREAS, in furtherance of the originally approved site plan, Assignor
proposes to construct an additional 12,000 square foot hangar with an attached 1,600
square foot office adjacent to the existing facility via a joint venture with Troy Airport
Management, LLC, a Michigan limited liability company; and
WHEREAS, the Assignor, as part of the joint venture, agreed to assign its
interest in the Lease to Assignee subject to the consent to said assignment by the
County.
NOW THEREFORE it is hereby understood and agreed by and between the
parties hereto that the Airport Land Lease, as amended, be and the same hereby is
assigned and transferred to M & M Airport Management LLC, a Michigan limited liability
company.
IT IS FURTHER UNDERSTOOD AND AGREED by all parties hereto that M & M
Airport Management LLC hereby agrees to assume, be responsible for, pay in
accordance with, and be bound by the terms and provisions of the Airport Land Lease
in all respects.
IT IS FURTHER UNDERSTOOD AND AGREED that this Assignment shall be
effective January 1,2008.
fit, 1-#74(-4.,N
Thomas F. JiddIeton,
Oaklandeouty Airport
hairperson
mmittee
_ RTGregory, V e Chairperson
akland County.,Airport Committee
J. David V5nderVeen, Director
Department of Central Services
IN WITNESS WHEREOEthe parties hereto have executed this agreement on
the respective dates hereunder indicated.
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, Lessor
JDS PUMP-N-GO, LLC, a Michigan Limited
Liability Company, Assignor
Stephen M. Mazur, President
M & M Airport Management LLC, a Michigan
Limited Liability Company, Assignee
APPROVED BY RESOLUTION OF THE AIRPORT COMMITTEE
DATED:
OLEASESUJLeasIng.assignment,cloc
JDS PU
Liability
P-N- 0, LLC, a Michigan Limited
ompa y, Assignor
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitutionai Corporation, Lessor
Thomas F. Middleton, Chairperson
Oakland County Airport Committee
Vincent Gregory, Vice Chairperson
Oakland County Airport Committee
J. David VanderVeen, Director
Department of Central Services
M & M Airport Management LLC, a Michigan
Limited Liability Company, Assignee
APPROVED BY RESOLUTION OF THE AIRPORT COMMITTEE
DATED:
sALEASESWLeasingassIgnment.doc
OAKLAND COUNTY INTERNATIONAL AIRPORT
ASSIGNMENT OF AIRPORT LAND LEASE
THIS AGREEMENT, dated the 18th day of January, 2006, by and between the
COUNTY OF OAKLAND, a Michigan Constitutional Corporation, (hereinafter called
"Lessor"), and JJ LEASING, L.L.C., a Michigan limited liability company, (hereinafter
called "Assignor"), and JDS Pump-N-Go, L.L.C., a Michigan limited liability company
(hereinafter called "Assignee").
RECITALS
WHEREAS, the County of Oakland, as Lessor, and JJ Leasing, L.L.C., as
Lessee, entered into an Airport Land Lease dated April 17, 2004, which was amended
on November 20, 2003, and March 20, 2005 (a copy of which Lease and Amendments
are attached hereto as Exhibit "A"); and
WHEREAS said lease is for property located on the Oakland/Troy Airport in
Troy, Oakland County, Michigan, more specifically described in said Lease.
WHEREAS, Assignor was dissolved effective 10-25-05 with the assets of
Assignor transferred into Assignee and all the former partners of Assignor are members
of Assignee; and
WHEREAS, the Assignor, as part of the dissolution and transfer, agreed to
assign its interest in the Lease to Assignee subject to the consent to said assignment
by the County,
NOW THEREFORE it is hereby understood and agreed by and between the
parties hereto that the Airport Land Lease, as amended, be and the same hereby is
assigned and transferred to JIDS Pump-N-Go, L. L. C., a Michigan limited liability
company.
IT IS FURTHER UNDERSTOOD AND AGREED by all parties hereto that JIDS
Pump-N-Go, L. L. C. hereby agrees to assume, be responsible for, pay in accordance
with, and be bound by the terms and provisions of the Airport Land Lease in all
respects.
IT IS FURTHER UNDERSTOOD AND AGREED that this Assignment will be
effective February 1, 2006.
IN WITNESS WHEREOF the parties hereto have executed this agreement on
the respective dates hereunder indicated.
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, Lessor
Wr
/,
William, R. PatterSon, Chairperson
Oaklatild County Airport Committee
_WITNESSES:
\\
f,7
r
Vincent Gre
akland Co
ory, VijA Cpirperson
ty Airport Committee
JJ LEASING, L.LC„ a Michigan Limited
Liability Company, Assignor
Stephen M. Mazur, President
JIDS PUMP-N-GO, L.L.C., a Michigan Limited
Liability Company, Assignee
Stephen M. Mazur, President
APPROVED BY RESOLUTION OF THE AIRPORT COMMITTEE
DATED: 2
s:\LEASESWLeasing.assignment.doe
2
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, Lessor
William R. Patterson, Chairperson
Oakland County Airport Committee
Vincent Gregory, Vice Chairperson
Oakland County Airport Committee
J. David VanderVeen, Director
Department of Central Services
JJ LEASING, L.L.C., a Michigan Limited
Liability Company, Assignor
Stephen M. Mazur, President
JDS PUMP-N-GO, L.L.C., a Michigan Limited
Liability Company, Assignee
Stephen M. Mazur, President
APPROVED BY RESOLUTION OF THE AIRPORT COMMITTEE
DATED: El3CuA 12 ,i 2-
LeaseAssignrnent/IlLeasing.lease,doc
2
OAKLAND / TROY AIRPORT
AIRPORT LAND LEASE ADDENDUM
THIS MEMORANDUM OF LEASE AND AGREEMENT ADDENDUM, effective the
first day of April A.D. 2005, by and between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, hereinafter called the LESSOR, and JJ LEASING LLC,
hereinafter called the LESSEE:
WHEREAS the County of Oakland, Lessor, and JJ Leasing LLC, Lessee, are
parties to a certain Land Lease dated April 17, 2003, and Land Lease Addendum dated
November 20, 2003.
WHEREAS said land lease is for property located on the Oakland/Troy Airport in
Troy, Michigan, and described as follows:
A parcel of land being part of the South 1/2 of the Northwest 1/4 of Section 32,
Ti2N., R.1l E., City of Troy, Oakland County, Michigan, described as: Commencing
at the West 1/4 corner of said Section 32, thence due North along the West section
line, 647.98 ft.; thence S. 88°10'50"E., 1,521.82 ft. along the North line of
"Birmingham Airport Subdivision No. 1", City of Troy, Oakland County, Michigan, as
recorded in Liber 112 of Plats, Page 38, Oakland County Records, to the Northeast
corner of Lot 14 of said subdivision; thence N. 72°19'16"W., 175.57 ft. to the Point
of Beginning; thence from said Point of Beginning N. 01°50'57"E., 259ft.; thence N.
88°09'06"W., 255.00 ft.; S. 01°50'57"W., 259ft.; thence S. 88°09'06"E, 255.00 feet
to the Point of Beginning. Containing 66,045,00 sq. ft.
WHEREAS Paragraph 1 of said Lease reads in part as follows:
The Lessor 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 / Troy Airport at the expiration date of each two-year period;
and
WHEREAS the two-year period has been completed and a different rental rate is
in effect at the Oakland / Troy Airport;
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-five (25)
cents per square foot annually, or a gross sum of $16,511.28 or payable in twelve
(12) equal installments of $1,375.94 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 the date of April 1, 2005.
WITNESSES:
J. David VdgiVeen, Director
Department of Central Services
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.
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, Lessor
ki& it
William Patterson, Chairperson
Oaklaj,id County Airport Committee
Vincent Gregory, VA Chili-person
Oakland County Airport Committee
JJ LEASING, LL.C., Lessee
Stephen M. Mazur, President
APPROVED BY RESOLUTION OF THE OAKLAND COUNTY AIRPORT COMMITTEE
DATED ti /a A.D., 2005
Leases/ALeasng.lease,doc
OAKLAND TROY AIRPORT
AIRPORT LAND LEASE ADDENDUM
THIS MEMORANDUM OF LEASE AND AGREEMENT ADDENDUM, effective the
1St day of October A.D. 2003, by and between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, hereinafter called the LESSOR, and JJ LEASING, L.L.C.,
hereinafter called the LESSEE:
WHEREAS the County of Oakland, Lessor, and JJ Leasing, L.L.C., Lessee, are
parties to a certain Land Lease dated April 1, 2003; and
WHEREAS said land lease is for property located on the Oakland Troy Airport in the
City of Troy, Oakland County, Michigan, and described as follows:
A parcel of land being part of the South 1/2 of the Northwest 1/4 of Section 32,
T.2N., R.11E., City of Troy, Oakland County, Michigan, described as: Commencing
at the West 114 corner of said Section 32, thence due North along the West section
line, 647,98 ft.; thence S. 88°10 150"E., 1,521.82 ft. along the North fine of
"Birmingham Airport Subdivision No. 1", City of Troy, Oakland County, Michigan, as
recorded in Liber 112 of Plats, Page 38, Oakland County Records, to the Northwest
corner of Lot 15 of said subdivision; thence N. 69°3212"W., 178.24 ft. to the Point
of Beginning; thence from said Point of Beginning N. 01°50'57"E., 180.0 ft.; thence
N. 88°09'06"W., 275.00 ft.; thence S. 01°50'57"W., 180.0 ft.; thence S. 88°09'06"E.,
275.0 ft. to the Point of Beginning. Containing 49,500.72 sq. ft.
WHEREAS the parties hereto desire to amend the Land Lease by revising the
property description to include additional property.
NOW THEREFORE the property description in Paragraph 1 of said Land Lease is
amended as follows:
A parcel of land being part of the South 1/2 of the Northwest 1/4 of Section 32,
T.2N.,, R.11E., City of Troy, Oakland County, Michigan, described as: Commencing
at the West 1/4 corner of said Section 32; thence due north along the West section
line, 647.98 feet; thence S 88°10'50"E, 1521.82 feet; along the North line of
"Birmingham Airport Subdivision No. 1", City of Troy, Oakland County, Michigan, as
recorded in Liber 112 of Plats, Page 38, Oakland County Records, to the Northeast
corner of Lot 14 of said subdivision thence N 72°19'16" W, 175.57 feet to the Point
of Beginning; thence from said Point of Beginning N 1°50'57" E, 259.00 feet; thence
N 88°09'06" W, 255.00 feet; thence S 1°50'57" W, 259.00 feet, thence S 88°09'06"
E, 255.00 feet to the Point of Beginning. Containing 66,045.00 sq. ft,
1
FURTHER Paragraph 5 of said Lease is hereby amended to read:
Lessee agrees to pay the Lessor for the described land at a rate of twenty-four (24)
cents per square foot annually, or a gross sum of $15,850.80 annually or payable
in twelve (12) equal installments of $1,320.90 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 the date of October 1, 2003.
IN ALL OTHER RESPECTS said Lease agreement shall remain in full force and
effect.
2
William R. Patterson, Chairperson
Oakland County Airport Committee
,A1 6P r''
Vincent Gregory, Vip6Cig44rperson
Oakland Cougity AirporrCommittee
241,
J. DavidVarttferVebn, Director
Department of Central Services
-
.T0i/t) A -7)•) ) 0 -
iv\ At 60- e.rn erc
IN WITNESS WHEREOF the parties hereto have executed this agreement on the
respective dates hereunder indicated.
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
APPROVED BY RESOLUTION OF THE OAKLAND COUNTY AIRPORT COMMITTEE
DATED: eviotiefriagic A.D. , c.120&3 .
SlLEASESSAddendum.OTA.addltionalproperty,doc
3
OAKLAND/TROY AIRPORT
AIRPORT LAND LEASE FOR CONSTRUCTION OF PERMANENT BUILDING
THIS MEMORANDUM OF LEASE AND AGREEMENT, effective the 1st day of April
2003, by and between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation,
hereinafter called the COUNTY, and JJ LEASING, L.L.C., hereinafter called the LESSEE:
WHEREAS the County of Oakland owns and operates the Oakland/Troy Airport in
the City of Troy and has a certain plot 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 TI-US AGREEMENT WITNESSETH:
1a) The County hereby lets and leases to the Lessee and the Lessee hereby
leases from the County for a period of twenty (20) years from and after the date of this
lease for a term commencing April 1, 2003 and expiring March 31, 2023, the
hereinafter described property. The Lessee shall have the right of renewal of this [ease
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 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/Troy Airport
in the City of Troy, Oakland County, Michigan, and described as follows:
A parcel of land being part of the South 1/2 of the Northwest 114 of Section 32,
T.2N., R.11E., City of Troy, Oakland County, Michigan, described as: Commencing
at the West 1/4 corner of said Section 32, thence due North along the West section
line, 647.98 ft.; thence S. 88°10 150"E., 1,521.82 ft. along the North line of
"Birmingham Airport Subdivision No. 1", City of Tray, Oakland County, Michigan, as
recorded in Liber 112 of Plats, Page 38, Oakland County Records, to the Northwest
corner of Lot 15 of said subdivision; thence N. 69°32'12"W., 178.24 ft. to the Point
of Beginning; thence from said Point of Beginning N. 01°50'57"E., 180.0 ft.; thence
N. 88°09'06"W., 275.00 ft.; thence S. 01°50'57"W., 180.0 ft.; thence S. 88°09'06"E.,
275.0 ft. to the Point of Beginning. Containing 49,500.72 sq. ft.
1 b) Four (4) months rent, namely $3,960.08 shall be paid upon the execution of
this lease, of which $990.02 shall apply upon the first month's rent of the term hereby
granted, and the payment of $2,970.06 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's flight training of student pilots at Oakland/Troy Airport shall be
limited to ground school and one takeoff and full stop landing per lesson. No pattern
practice work, missed approaches or touch and goes will be done at Oakland/Troy Airport,
but rather at Oakland County International or other area airport, and any such training shall
be conducted in strict accordance with all applicable federal, state, local, and airport rules
and regulations,
2c) The Lessee agrees it will use said property in compliance with the laws and
regulations of the City of Troy, 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.
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 covenants and agrees that neither the privileges herein granted
nor any beneficial interest therein, in whole or in part, shall be assigned, transferred, or in
any manner disposed of by gift, devise, sale or other change in the legal makeup of Lessee
without the prior approval of the County, which approval will not be unreasonably withheld.
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/Troy Airport.
5) The Lessee agrees to pay the County for the above described land at a rate
of twenty-four (24) cents per square foot annually, or a flat rate of $11,880.18 annually, or
payable in twelve (12) equal installments of $990.02 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 April 1, 2003 . 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.
2
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.
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
recapture the leased lot and premises.
7) it is further agreed that the enjoyment and use in common with others upon
the Oakland/Troy 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) Prior written approval of the County is required for 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. The foregoing, including snow removal
and general maintenance, shall be done at the Lessee's own expense.
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/Troy 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.
3
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.
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 Oakland County Manager of Aviation, 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/Troy 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
4
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.
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/Troy 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 the demands for its service at the airport.
25a) 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 to 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, and as said regulations may be amended.
25b) That 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.
5
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
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 area
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 or
by telegram:
8
JJ Leasing, L.L.C.
2146 Livernois
Troy, MI 48083
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 or by telegram.
36) The Lessor specifically reserves the right at any time in the future to recapture,
delete and remove from this land lease such strip of land along the westerly line of the
leased premises as shall be necessary in the County's sole discretion to permit the full use
of the taxiway servicing the county-owned and administered tie-downs which lie westerly
of the leased premises. Such recapture shall be done so as to not render the leased
premises unusable, and the rent under this lease shall be reduced proportionately.
37) 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.
7
0, rt. Jc(...A/(i9-(.4„y)
William R. Patterson, Chairperson
Vincent Gregory, Vice Vairp%rson
Oakland Countytkirport Committee
,I-15-i-Nire-4rarVeen, Director
Department of Central Services
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals the day and year first above written.
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, Lessor
JJ LEASING, L.L.C., Lessee
Stephen M. Mazur, President
APPROVED BY RESOLUTION OF THE OAKLAND COUNTY AIRPORT COMMITTEE
DATED 14/01€./i- /7 A.D., 2003
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals the day and year first above written.
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, Lessor
William R. Patterson, Chairperson
Oakland County Airport Committee
Vincent Gregory, Vice Chairperson
Oakland County Airport Committee
J. David VanderVeen, Director
Department of Central Services
JJ LEASING, L.L.C., Lessee
APPROVED BY RESOLUTION OF THE OAKLAND COUNTY AIRPORT COMMITTEE
DATED A.D., 2003
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LEASE DESCRIPTION FOR TROY AIRPORT
A parcel of land being part of the South 1/2 of the Northwes1 1/4 of Section 32,
T.2N., R.11a,_ City of Troy, Oakland County, Michigan, described as: .•
Commencing at the West 1/4 corner of said Section 32; thence clue North along the
• West section line, 647.98 ft,; thence S. 88°1050"B., 1521.82 ft. along the North
line of "Birmingham Airport Subdivision No. 1 1 , City of Troy, Oakland County,:
Michigan,'as recorded in Liber 112 of Plats, Page 38, Oakland County Records, to
the Northwest corner of Lot 15 of said subdiv.ision; thence N. 69 032`12"W., 178.24
it to the Point of Beginning; thence from said Point of Beginning N.•01°50'57E..,'
180.0 ft.; thence N. 88°0906"W., 275.00 ft;; thence S. 01°5057"W., 180,0 ft,; •
thence S. 88 0 091 06E., 275.0 ft. to the Point of Beginning.
Containing 49,500.72 sq. ft. •
Rev. May 25, 2000
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Resolution #16058 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).
pyi
WERNYAFPROVE THIS RESOLUTION
CHIEF DEPUTY COUNT" EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
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
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