HomeMy WebLinkAboutResolutions - 2016.10.26 - 22643M #16285 MISCELLANEOUS RESOLUTION October 26, 2016
BY: Planning and Building Committee, Philip Weipert, Chairperson
IN RE: CENTRAL SERVICES AVIATION DIVISION — ASSIGNMENT OF LAND LEASE; AIRPORT
LAND LEASE ADDENDUM; CONSENT & SUBORDINATION OF LIEN: JDS PUMP-N-GO, 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 JDS Pump-N-Go, LLC to amend the existing land Lease in two
ways: (1) by assigning it from the prior legal entity, M & M AIRPORT MANAGEMENT, LLC to JDS Pump-
N-Go, LLC and (2) by revising the property description to include additional property; and
WHEREAS the existing 20-year Lease between JDS Pump-N-Go, LLC and the County became
effective on April 1, 2003; and
WHEREAS 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 $17,171.76; 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 in consideration of the making of a loan for improvements to the premises by Clarkston State
Bank, JDS Pump-n-N-Go and the County agree to temporary assignment of the Lease as security for the
loan and subordination of the County's contractual lien on the premises to Clarkston State Bank; and
WHEREAS the Airport Committee and the County's Office of Corporation Counsel have reviewed and
agreed to the terms of the attached Assignment, Lease Addendum, and Consent & Subordination of Lien.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached Assignment, Lease Addendum, and
Consent & Subordination of Lien.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Airport
Committee, established by MR #89043, to create, approve, and sign lease addenda to change the rental
payments as provided under the Lease.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or
his designee to execute the attached Assignment, Lease Addendum, and Consent & Subordination of Lien
and all other related documents between the County and JDS Pump-N-Go, LLC.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foreg_Qi_r_gi
resolution.
PLAN1
1 INC AND BUILDING,e'OMMITTEE
PLANNING AND BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Dwyer & Crawford absent.
OAKLAND COUNTY INTERNATIONAL AIRPORT
ASSIGNMENT OF AIRPORT LAND LEASE
The COUNTY OF OAKLAND, a Michigan Constitutional Corporation, Lessor, and M
& M AIRPORT MANAGEMENT, LLC, Lessee, are parties to a Land Lease entered into on
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,
WHEREAS M & M AIRPORT MANAGEMENT, LLC, desires to assign and transfer
the above Land Lease to JDS Pump-N-Go, LLC.
NOW THEREFORE AND IN CONSIDERATION of the mutual covenants and
agreements, it is hereby understood and agreed by all parties hereto that the aforesaid
Airport Land Lease is assigned and transferred to JDS Pump-N-Go, LLC
IT IS FURTHER UNDERSTOOD AND AGREED by all parties hereto that JDS
Pump-N-Go, LLC agrees to assume, be responsible for and pay in accordance with and be
bound by the terms and provisions of said Airport Land Lease in all respects and further
agrees to defend and hold M & M AIRPORT MANAGEMENT, LLC, its heirs, executors,
administrators, directors, officers, employees, agents and insurers from all claims,
obligations and responsibilities, known or unknown, arising out of or in connection with the
aforesaid Land Lease.
DATED:
SIGNED IN THE PRESENCE OF: SIGNED BY:
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation
Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
M & M AIRPORT MANAGEMENT, LLC,
Lessee
Stephan M. Mazur, Member
JDS Pump-N-Go, LLC, Lessee
Stephan M. Mazur, Managing Member
OAKLAND / TROY AIRPORT
AIRPORT LAND LEASE ADDENDUM
THIS MEMORANDUM OF LEASE AND AGREEMENT ADDENDUM, effective the
first day of November, 2015, by and between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, hereinafter called the LESSOR, and JDS Pump-N-Go, LLC,
hereinafter called the LESSEE:
WHEREAS the County of Oakland, Lessor, and 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 % 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.
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 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;
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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.
With respect to the additional property, three (3) months rent, namely $1,175.49
shall be paid upon the execution of this lease addendum and 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 $17,171.76 or payable in twelve
(12) equal installments of $1,430.98 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.
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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
Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
JIDS Pump-N-Go, LLC, Lessee
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OAKLAND / TROY AIRPORT
CONSENT TO ASSIGNMENT OF LEASE AS SECURITY FOR LOAN
AND SUBORDINATION OF LIEN
In consideration of the making of a loan by Clarkston State Bank, a Michigan
Banking Corporation, (hereinafter called LENDER), to JDS Pump-N-Go, LLC, (hereinafter
called BORROWER), wherein the Lender has secured said Loan in part by taking an
assignment of a certain Airport Land Lease dated April 1, 2003. Said Lease grants the
Borrower the right to occupy certain real estate located at the Oakland /Troy Airport in the
City of Troy, Oakland County, Michigan, being more specifically described in the attached
copy of the lease document entered into between JDS Pump-N-Go, LLC, Lessee, and
Oakland County.
Oakland County, being described as Lessor of said land, does hereby consent to
the assignment of the Lease by Lessee to Clarkston State Bank, a Michigan Banking
Corporation, as security for a loan to JDS Pump-N-Go, LLC, Lessee. During the period
that said buildings owned by JDS Pump-N-Go, LLC are located on the leased land and
encumbered by a security interest granted by Borrower, Lessee shall not be considered in
default under the Land Lease Agreement, nor shall the Lease terminate unless and until
Lessor has given Lender thirty (30) days written notice of Lessee's default, if any.
Lender, being the Assignee, is hereby authorized to enter into peaceful possession
of the leased premises upon any default in said assignment to said Bank or upon any
default under the Land Lease Agreement, and said Assignee shall be thereafter obligated
to cure any default of the Lessee. Lessor will consent to the sale or other transfer of said
Land Lease and the buildings thereon by said Assignee to any other person, firm or
corporation suitable to said Lender and to the Lessor.
Lessor hereby subordinates its lien as set forth in and granted by paragraph 13 of
the Lease to the lien of Lender on the improvements located on the Premises.
DATED
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SIGNED IN THE PRESENCE OF:
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, LESSOR
Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
JDS Pump-N--Go, LLC, LESSEE / BORROWER
Stephan M. Mazur, Managing Partner
Clarkston State Bank, LENDER
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FISCAL NOTE (MISC #16XXX) October 26, 2016
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: CENTRAL SERVICES AVIATION DIVISION — ASSIGNMENT OF LAND LEASE; AIRPORT
LAND LEASE ADDENDUM; CONSENT & SUBORDINATION OF LIEN: JDS PUMP-N-GO, 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 acceptance of the Airport Land Lease assignment from M&M
Airport Management, LLC to JDS Pump-N-Go, LLC and the revision of the property description to
include additional property.
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 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 $17,171.76.
5. 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.
6. A budget amendment is not required at this time.
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Crawford absent.
Resolution #16285 October 26, 2016
Moved by Fleming supported by Bowman the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gosselin, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Quarles, Scott, Spisz, Taub, VVeipert, Woodward, Zack, Bowman,
Crawford. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
GERALD D. POISSON
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCI. 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 October 26,
2016, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the
Pontiac, Michigan this 26th day of October, 2016,
seal of the County of Oakland at
Lisa Brown, Oakland County