HomeMy WebLinkAboutResolutions - 2017.10.26 - 23160MISCELLANEOUS RESOLUTION # 17296 October 26, 2017
BY: Commissioner Philip Weipert, Chairperson, Planning and Building Committee
IN RE: CENTRAL SERVICES AVIATION DIVISION — AIRPORT LAND LEASE ADDENDUM: S&K
AIRPORT PROPERTIES, 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 -conducting aviation
business at the Airport; and
WHEREAS the Aviation Division has negotiated the attached Land Lease Addendum with S&K Airport
Properties, LLC, and
WHEREAS the Land Lease Addendum will be effective October 1,2017, and
WHEREAS the County reserves the right to change the rental payments with the first computation to be
made from the date of this land lease addendum; and
WHEREAS under the Land Lease Addendum the County has the right to change the rental payments each
and every two years, as set forth in the Land Lease; and
WHEREAS the Airport Committee and the County's Office of Corporation Counsel have reviewed and
agreed to the terms of the Land Lease.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached Land Lease Addendum with S&K Airport
Properties, LLC.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or
his designee to execute the attached Land Lease Addendum and all other related documents between the
County and S&K Airport Properties, LLC.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
ComriSiAsj.oner Philip Weipert, District #8
Chairperson, Planning and Building Committee
PLANNING AND BUILDING COMMITTEE
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 October, 2017, by and between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, hereinafter called the LESSOR, and S & K AIRPORT
PROPERTIES, LLC, hereinafter called the LESSEE:
WHEREAS the County of Oakland, Lessor, and S & K Airport Properties, LLC,
Lessee, as an assignee of William Kostich and Ruth Kostich, are parties to a certain
Land Lease dated December 19, 1996, and Land Lease Addenda dated March 18,
1999, February 1, 2001, January 30, 2003, March 10, 2005, December 14, 2006, May
1, 2012, March 12, 2015, and April 20, 2017; and Assignment of Airport Land Lease
dated March 1, 2016; 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:
A parcel of land being part of the Northeast 1/4, Section 17,T.3N., R.9E.,
Waterford Township, Oakland County, Michigan, further described as follows:
Commencing at the East 1/4 corner of said Section 17; thence N. 2°17'54" W.,
199.28 feet along the East section line; thence S. 87°27'46"W., 1,354.24 feet to
Airport Coordinate Point (ACP) #26; thence N. 13°44'29"E., 153.52 feet; thence
N. 2°26'32"W., 306.46 feet to the Point of Beginning; thence from said Point of
Beginning N. 87°42'12"E., 150.55 feet; thence N.2°26'32"VV., 184.78 feet; thence
S. 87°4212"W., 165.49 feet; thence S. 2°26'32"E., 184.78 feet; thence N.
87°42'12'E., 14.94 feet to the Point of Beginning. Containing 30,579.14 square
feet.
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:
PARCEL A: A parcel of land being part of the Northeast 1/4 17,T.3N.,
R.9E., Waterford Township, Oakland County, Michigan, further described as
follows: Commencing at the East 1/4 corner of said Section 17; thence N.
2°17'54" W., 199.28 feet along the East section line; thence S. 87°27'46"W.,
1,354.24 feet to Airport Coordinate Point (ACP) #26; thence N. 13°44'29"E.,
153.52 feet; thence N. 2°26'32"W., 306.46 feet to the Point of Beginning; thence
from said Point of Beginning N. 87°4212"E., 150.55 feet; thence N.2°2632"W.,
184.78 feet; thence S. 87°4212"W., 165.49 feet; thence S. 2°26'32"E., 184.78
feet; thence N. 87°42'12"E., 14.94 feet to the Point of Beginning. Containing
30,579.14 square feet.
PARCEL B: Part of the Northeast 1/4 of Section 17, T3N, R9E, Waterford
Township, Oakland County, Michigan, described as: Commencing at the East 1/4
corner of said Section 17, thence N 2°17'30"W., 787.46 ft. along the East line of
said Section 17 and the centerline of Airport Road; thence S 87°41'21"W., 33.00
ft. to the West right-of-way line of said Airport Road and the point of beginning;
thence S 87°5211"W., 466.81 ft.; thence N 2°07'49"W., 159.0 ft.; thence N
87°5211"E., 466.39 ft.; thence S 2°17'30"E., 159.0 ft. to the point of beginning
containing 74,191.47 sq. ft. or 1.7032 acres more or less.
Total area of described property is 104,770.61 square feet.
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 County International Airport at the expiration date of each
two-year period; and
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-seven
(27) cents per square foot annually, or a gross sum of $28,288.08 or payable in
twelve (12) equal installments of $2,357.34 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, 2017.
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
Michael Gingell, Chairperson
Oakland County Board of Commissioners
S & K AIRPORT PROPERTIES,
Lessee
Kirt Kostich, Member
Scott Kostich, Member
FISCAL NOTE ,(MISC. #17296) October 26, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: CENTRAL SERVICES AVIATION DIVISION — AIRPORT LAND LEASE ADDENDUM: S&K
AIRPORT PROPERTIES, 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. Resolution authorizes the land lease amendment between Oakland County and S&K Airport
properties, 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 conducting aviation business at the airport.
4. Oakland County has negotiated the Land Lease Addendum with S&K Airport Properties, LLC.
5. The original land lease was for 30,579.14 square feet of property with an annual rent of
$8,256.36; the addendum adds 74,191.47 square feet of property with an annual rent of
$20,031.72, for a total of 104,770.61 square feet of property with a total annual rent of
$28,288.08.
6. The Land Lease Addendum will be effective October 1,2017.
7. Under the Land Lease Addendum, the County has the right to change the rental payments each
and every two years, as set forth in the Land Lease Addendum.
8. A budget amendment is not required at this time.
Commissioner ThOrnas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Woodward absent.
Resolution #17296 October 26, 2017
Moved by Kochenderfer supported by Jackson the resolutions (with fiscal notes attached) on the
amended Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Fleming, Gingen, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray,
Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (19)
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).
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I HEREBY
APPADVETHIS RESOLUTION
CHO DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 46.559A (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,
2017, 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 26'h day of October, 2017.
Lisa Brown, Oakland County