HomeMy WebLinkAboutResolutions - 2018.05.02 - 23445MISCELLANEOUS RESOLUTION #18141 May 2,2018
BY: Commissioner Philip Weipert, Chairperson, Planning and Building Committee
IN RE: CENTRAL SERVICES/AVIATION DIVISION —AIRPORT LAND LEASE: NFL HOLDINGS 2, LLC
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland ("the County") owns and operates the Oakland/Troy Airport (OTA) in
the City of Troy; 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 with NFL Holdings 2, LLC; and
WHEREAS the Land Lease will have a term of twenty years from May 1, 2018, to April 30, 2038, with annual
rent fixed for the first two years at $16,855.56; and
WHEREAS the County reserves the right to change the rental payments each and every two years, as set
forth in the land lease, with the first computation to be made from the date of this 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 with NFL Holdings 2, 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 NFL Holdings 2, LLC.
Chairperson, on behalf of the Planning and Building Committee, I move ;the adoption of the foregoing
resolution. 1
ommissioner Philip Weipert, District #8
Chairperson, Planning and Building Committee
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote.
ADR REVIEW SIGN OFF — Aviation & Transportation
RESOLUTION TITLE: Central Services/Aviation Division — Airport Land Lease: NFL Holdings 2, LLC
DEPARTMENT CONTACT PERSON: Michelle Stover/666-5980
DATE: April 20, 2018
DEPARTMENT REVIEW
Corporation Counsel:
Approved —Jody Hall (4/20/2018)
Department of Human Resources:
Approved (No Committee) - Heather Mason (4/20/2018)
Department of Management and Budget:
Approved w/ Modification —Lynn Sonkiss (4/20/2018)
- WHEREAS the County of Oakland ("the County") owns and operates the-Oalitand-Cremoty
SfilE Oakland/Troy Airport (OTA) in the City of Troy;
and
OAKLAND/TROY AIRPORT
AIRPORT LAND LEASE
THIS LEASE, to be effective May 1, 2018, is made and entered into by and
between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation,
hereinafter called the "COUNTY" and NFL HOLDINGS 2, LLC hereinafter called the
"LESSEE".
WHEREAS the County owns and operates the Oakland/Troy Airport (OTA) in the
City of Troy and has real property available at the airport which can be leased to the
Lessee upon the terms and conditions set forth herein; and
WHEREAS the Lessee is desirous of leasing the real property described below
according to the terms and conditions set forth herein.
NOW THEREFORE THIS AGREEMENT WITNESSETH:
1 a) Description of Leased Property. The County leases to the Lessee and
the Lessee leases from the County for a period of thirty years (30), commencing May 1,
2018 and expiring April 30, 2048 the following real property located on the OTA, City of
Troy, Oakland County, Michigan (hereinafter referred to as "Property"): The Property is
further depicted in Exhibit A to this Lease, which is fully incorporated herein.: 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
Section 32; thence along the West line of said Section 32 due North 647.98 ft.; thence
S. 88°10'50"E., 1,680.82 ft. along the North line of "Birmingham Airport Subdivision No.
1", as recorded in Liber 112 of Plats, Page 39, Oakland County Records, to the
Northeast corner of Lot 15 of said plat; thence N. 14°24'47"E., 58.34 ft. to the point of
beginning; thence from said point of beginning S. 87°56'30"E, 206.75 ft.; thence S.
01°58'08"W., 5.0 ft; thence S. 87056'30"E., 30.0 ft.; thence N.11:158'08"E., 275.36 ft.;
thence N. 88°09'31"W., 224.70 ft.; thence S. 04°31'44"W., 269.76 ft. to the point of
beginning. Containing 62,427.98 sq. ft. or 1.43 acres more or less.
1 b) Rent Amount. Except as otherwise modified herein, as rent for the
Property, the Lessee shall pay the County a rate of $0.27 per square foot annually,
which equals a flat rate of $16,855.56 annually. The Lessee may choose to pay the
rent annually or on a monthly basis. The rent shall be paid in advance, regardless if it is
paid annually or monthly. If the rent is paid annually, it shall be due and paid on the
date this Lease commences and on the anniversary of that date for each year of this
Lease thereafter. If the Lessee chooses to pay the rent on monthly basis, it shall be
due and paid in twelve (12) equal installments of $1,404.63 per month on the first of
each and every month while this Lease is in effect. Rental payments will be computed
from May 1, 2018. 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
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cumulative. Rent payments shall be made out to the "County of Oakland" and shall be
sent to or made at the Oakland County International Airport, 6500 Highland Road,
Waterford, Michigan 48327-1649.
1c) Monies Due Upon Execution of the Lease. Four (4) months rent,
namely $5,618.52 shall be paid upon the execution of this Lease, of which $1,404.63
shall apply to the first month's rent and payment of $4,213.89 shall be retained by the
County as a guaranty fund for any outstanding rent payments at the expiration or
termination of this Lease.
1d) Rent Increases. The County reserves the right to change the rent
amount provided under this Lease each and every two (2) years, first computation to be
made from the date the Lease commenced. The changes in the rent amount shall be
based on the rental rates in effect at the OTA at the expiration date of each two-year
period. An amendment to the Lease providing for increased rent amounts shall be
executed by the parties. The Oakland County Airport Committee, created by the
Oakland County Board of Commissioners ("Airport Committee") shall have the authority
to create, approve, and sign such amendment on behalf of the County. If such
amendment is not executed by the Lessee within thirty (30) calendar days, then the
County, by and through the Airport Committee, may terminate this Lease upon notice to
Lessee.
2a) Use of Property. The Lessee is authorized to use the Property for
commercial aviation use, including the storage of aviation equipment and tooling, aircraft
parking, self-service retail aircraft fueling, in addition to the storage of vehicles, and other
uses as approved by the Airport Committee.
2b) Compliance with Law. The Lessee's use and operations at the Property
shall comply, at all times, with the laws, ordinances, and regulations of the City of Troy,
the County, the 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; MCL 299,701, et seq.; Parts 201, 211, and
213 of the Michigan Environmental Protection Act, Public Act 451 of 1994; the
Comprehensive Environment Response, Compensation, and Liability Act (CERCLA), 42
U.S.C. § 9601, et. seq.; and all other relevant and appropriate local, state and federal
laws and regulations. The Lessee shall also comply with the Oakland County Airport
rules and regulations in effect and as amended. The Oakland County Airport rules and
regulations are incorporated into this Lease.
2c) Reservation of Rights. This Lease does not and is not intended to
impair, divest, or contravene any constitutional, statutory, and /or other legal right,
privilege, power, obligation, duty, or immunity of the County.
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3) Assignment and Subleasing. The Lessee shall not sublease, assign,
delegate, or transfer, in any manner, any rights or interests in this Lease without the
prior written permission of the Airport Committee.
4) Disruption/Obstruction of OTA Business. The Lessee's use of the
Property shall not disrupt, obstruct, or inconvenience, in any manner, the business or
operations at the OTA.
5a) Removal of Lessee Improvements Upon Expiration or Termination of
Lease. Subject to the rights provided in Section 5(b), upon the expiration or termination
of this Lease, the Lessee shall within a reasonable time, not to exceed twelve (12)
months from the expiration or termination, remove and dispose of all hangars, buildings,
structures and other improvements placed or constructed on or in the Property and
restore the Property to a level grade and to condition that compiles with Parts 201, 211,
and 213 of the Michigan Environmental Protection Act, Public Act 451 of 1994, the
Comprehensive Environment Response, Compensation, and Liability Act (CERCLA), 42
U.S.C. § 9601, et. seq., and all other relevant and appropriate local, state and federal
laws and regulations, unless such hangars, buildings, structures, and other
improvements are sold or transferred to the County or another entity. All expenses
associated with such removal, disposal, and restoration shall be paid by the Lessee.
5b) Right to Improvements Upon Termination or Expiration. If this Lease is
(1) terminated by operation of law, (2) terminated by another provision contained herein
prior to its expiration, (3) terminated at any time during the term of this Lease, or (4)
expires, the County, by and through the Airport Committee shall, upon thirty (30) days
written notice following the date of termination or expiration ("Notice"), have the first right
to acquire the hangar, buildings, and/or other improvements constructed on or in the
Property by paying the Lessee the then fair market value, as determined by a certified
appraiser mutually selected and approved by the County, by and through the Air
Committee, and the Lessee, the cost of the appraisal shall be borne equally by the
parties. If the County chooses not to acquire the hangar, buildings, and/or other
improvements, Lessee shall within a reasonable time, not to exceed twelve (12) months
from the date the County has waived its first right to purchase, to sell the hangar,
buildings, and/or other improvements to a third party or remove and dispose of all
hangars, buildings, structures and other improvements placed or constructed on or in
the Property and restore the Property to a level grade and to a condition that compiles
with Parts 201, 211, and 213 of the Michigan Environmental Protection Act, Public Act
451 of 1994, the Comprehensive Environment Response, Compensation, and Liability
Act (CERCLA), 42 U.S.C. § 9601, et. seq., and all other relevant and appropriate local,
state and federal laws and regulations. The County agrees not to interfere with and
shall, in good faith, cooperate with the transfer of the Property (including a new Land
Lease) by Lessee to a third party. The County's agreement not to interfere and to
cooperate, in no way, waives it's right to approve the transfer of this lease or other
interests pursuant to Section 3. All expenses associated with such removal, disposal,
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and restoration shall be paid by the Lessee. If Lessee does not remove and restore
the Property within the twelve (12) month period, then the hangars, buildings, structures
and other improvements on and in the Property, shall become the property of the
County without further action of either party. The County may remove and dispose of
such property as it deems fit, provided that, the Lessee shall be responsible to
reimburse the County for all costs it incurs for the removal and disposal of the hangars,
buildings, structures and other improvements and for the restoration of the Property to a
level grade and to a condition that compiles with Parts 201, 211, and 213 of the
Michigan Environmental Protection Act, Public Act 451 of 1994, the Comprehensive
Environment Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601,
et. seq., and all other relevant and appropriate local, state and federal laws and
regulations.
6) Quiet Enjoyment. Upon performance of its obligations under this Lease,
the Lessee shall peacefully and quietly hold and enjoy the Property for the term of this
Lease without hindrance or interruption by the County, its agents or employees, subject
to the terms and conditions of this Lease.
Indemnification. The Lessee shall indemnify, defend, and hold harmless
the County, its Boards, Commissions, officials, and employees from any and all Claims,
as defined herein, that are incurred by or asserted against the County or its Boards,
Commissions, officials, and employees by any person or entity, which are alleged to
have been caused by or found to arise from the acts or omissions of Lessee or its
employees, agents volunteers, subcontractors, invitees, or any other persons on the
Property as a result of Lessee's use of the Property. "Claim," as used in this Lease,
means any losses; complaints; demands for relief or damage; lawsuits; causes of
action; proceedings; judgments; penalties; costs or other liabilities of any kind which are
imposed on, incurred by, or asserted against a party or its Boards, Commissions,
officials, and employees or for which a party or its Boards, Commissions, officials, and
employees may become legally or contractually obligated to pay or defend against,
whether commenced or threatened, including, but not limited to, reimbursement for
reasonable attorney fees, mediation, facilitation, arbitration fees, witness fees, court
costs, investigation expenses, litigation expenses, or amounts paid in settlement.
8) Damage to Lessee Property. The Lessee shall be solely responsible for
any property loss or damage to any of its property located, kept, or stored on the
Property including but limited to, the hangar, buildings, equipment, and improvements,
resulting from fire, theft, or other casualty.
9) Improvements to Property. The Lessee shall be solely responsible, at
its expense, for any improvements to the Property that may be needed for its use of the
Property, including but not limited to, grading of land and installation of underground or
above-ground utilities (electric, septic tanks, water, sewer, above-ground fuel tanks,
fiber, and conduits). The Airport Manager shall approve, in writing, all improvements to
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the Property, prior to construction, except for the construction of buildings or hangars,
which must be approved by the Airport Committee, which approval shall not be
unreasonably withheld, conditioned or delayed. The Lessee acknowledges that it had
the opportunity to inspect the Property and leases it "AS IS." Notwithstanding anything
herein to the contrary, County hereby approves the following improvements to be made
by Lessee to the Property: (a) painting the exterior of the building, (b) removing the
awnings from the building, (c) replacing existing signs, (d) removing and/or replacing
exterior doors and windows, and (e) altering existing landscaping, subject to compliance
with federal, state, and local laws, regulations and ordinances and with the Airport Rules
and Regulations.
10) Use of Common Areas at OTA. In conjunction with other tenants and
patrons at the OTA, the Lessee has the right to use common areas of the OTA,
including, but not limited to, the landing field, runway, apron to runway, taxi ways, and
parking facilities according to the rules and regulations of Oakland County Airports or
the rules and regulations of another governmental entity, e.g., the State or Federal
Government.
11) Landing Fees. Lessee and any aircraft based in its hangar shall not be
required to pay landing fees at the OTA. However, the Airport Committee reserves the
right to create and adopt a policy to charge all tenants and aircraft based at the OTA
landing fees, if required by law or other financial contingencies. If such a policy is
adopted by the Airport Committee and applies to all tenants and aircraft based at the
OTA, then this Section (Section 12—Landing Fees) of the Lease is void and shall be
deemed severed from the Lease.
12) Condition of Property. The Lessee, at its sole cost, shall keep the
hangar/buildings on the Property and the Property in compliance with all laws,
regulations, rules, and ordinances and in a good and tidy condition, e.g., the grass
mowed, free from weeds, free from rubbish and other unsightly objects or things. The
condition of the Property must be similar to how the County maintains and keeps its
property at the OTA. The Lessee shall also be responsible, at its sole cost, for snow
and ice removal, maintenance and repair of any improvements on the Property, and
maintenance of the grounds, turf, and landscaping. If Lessee does not keep the
hangar/buildings on the Property and the Property in the condition required by this
Section, the County may, upon ten (10) calendar day written notice to the Lessee,
perform the work to bring the hangar/buildings on the Property and the Property in
compliance with this Section, provided, that the Lessee shall reimburse the County for
all costs it incurs under this Section.
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13) Signs/Posters on Property. The Lessee shall not erect or display any
signs posters, or similar devices on the Property without the prior written approval of the
Airport Manager, which approval shall not be unreasonably withheld, conditioned or
delayed. Any signs, posters, or similar devices not approved by the Airport Manager
shall be removed without notice to the Lessee and at the Lessee's expense.
14) Taxes. The Lessee shall pay any taxes (real or personal) and any special
assessments, which are levied due to this Lease or the Lessee's operations at the
Property. If taxes or special assessments are not paid within sixty (60) calendar days of
the due date, then the County, by and through the Airport Committee, may terminate
this Lease upon written notice to the Lessee.
15) Access to Property. The County and its duly authorized employees shall
have the right of ingress and egress to the Property, including all buildings or
appurtenances placed or erected on the Property for inspection purposes with at least
five (5) days prior notice, except in the event of an emergency. The County and other
governmental entities shall have the right to enter the Property to maintain, repair,
replace, or remove any sewers, water mains, telephone lines, conduits, fiber, cable,
other mediums of communication, and any other installations on or in the Property. If the
County or another governmental entity performs work pursuant to this Section, then it
shall leave the Property in as good an order and condition as it was prior to the
commencement of work.
16) Failure to Make Payments Under the Lease. If the Lessee fails to make
any payments required by this Lease, and if the Lessee fails to make such payments
for a period of sixty (60) days after the receipt of written notice thereof, then the County,
by and through the Airport Committee, may terminate this Lease upon notice to the
Lessee.
17) Bankruptcy/Judgements of Lessee. If any one of the following occurs,
the County may terminate this Lease by written notice: (1) the Lessee is subject to a
bankruptcy proceeding; (2) the Lessee is declared insolvent; or (3) the Lessee is placed
into receivership. If the County elects not to terminate this Lease, the County may
accept rent from the trustee, receiver, or person acting under court order for the
remainder of this Lease without impairing or affecting, in any way, the rights of the
County against the Lessee under this Lease.
18) Operation of Commercial Business. If the Lessee operates a
commercial business on the Property the following four sections apply, Nos. 20, 21, 22,
and 23.
19) Level of Service. The Lessee shall furnish good, prompt and efficient
service adequate to meet all demands for its service at the OTA.
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20) No Discrimination. The Lessee agrees that and shall ensure for its
successors, subleases, and assigns 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 the Property; and (2) that in the
construction of any improvements on or in the Property 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 the Property; and (3) the Property is used 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.
21) Breach of Discrimination covenants. In the event of breach of any of
the above nondiscrimination covenants, the County, by and through the Airport
Committee, shall have the right to terminate the Lease and to re-enter and repossess,
pursuant to law, the Property and improvements thereon.
22) Nondiscriminatory Pricing. The 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.
23) Non-Exclusive and Subordinate Lease. 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 OTA,
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 OTA.
24) Development/Imorovement of OTA. The County reserves the rights to
further develop or improve the OTA, including the landing field or other areas of the
OTA as it sees fit, regardless of the desires or views of the Lessee and without
interference or hindrance from the Lessee.
25) Protection of OTA. The County, by and through the Airport Manager,
reserves the right to take any action it considers necessary to protect the aerial
approaches of the OTA against obstruction, together with the right to prevent the
Lessee from erecting or permitting to be erected any building or other structure on the
OTA, which in the opinion of the Airport Manager would limit the usefulness of the OTA
or constitute a hazard to aircraft.
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26) Remedies Not Exclusive. The County's and the 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.
27) Successors. The covenants, conditions and agreements in this Lease
shall be binding on the parties' heirs, personal representatives, administrators,
executors, successors and assigns.
28) 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.
29) Severabilitv. If a court of competent jurisdiction finds a term or condition
of this Lease to be illegal or invalid, then the term or condition shall be deemed severed
from this Lease. All other terms or conditions of this Lease shall remain in full force and
effect,
30) Notices. All notices required by this Lease shall be sent to the Lessee at
the following address or to such other address as the Lessee may designate by written
notice:
NFL Holdings 2, LLC
Michael Kelter
33717 Woodward
Avenue, Suite 137
Birmingham, Ml
48009
All notices required by this Lease shall be sent to the County at the following address or
such other address as County may designate by written notice:
Airport Manager
Oakland County International Airport
6500 Patterson Parkway
Waterford, MI 48327
All notices required by this Lease shall be in writing and sent with postage prepaid,
registered or certified mail, return receipt requested.
31) 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. The relationship between the parties is
that of a landlord and tenant.
8
32) Governing Law. This Lease shall be governed, interpreted, and enforced
by the laws of the State of Michigan. Except as otherwise required by law or court rule,
any action brought to enforce, interpret, or decide any Claim arising under or related to
this Lease shall be brought in the Sixth Judicial Circuit Court of the State of Michigan,
the 51 st District of the State of Michigan, or the United States District Court for the
Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction
of the court. Except as otherwise required by law or court rule, venue is proper in the
courts set forth above. The choice of forum set forth above shall not be deemed to
preclude the enforcement of any judgment obtained in such forum or taking action
under this Lease to enforce such judgment in any appropriate jurisdiction.
33) Amendments. This Lease cannot be amended or modified, unless
reduced to writing and signed by both parties.
34) Waiver. Waiver of any term or condition under this Lease must be in
writing and notice given pursuant to this Lease. No written waiver, in one or more
instances, shall be deemed or construed as a continuing waiver of any term or condition
of this Lease. No waiver by either party shall subsequently affect its right to require
strict performance of this Lease.
35) Cumulative Remedies. A Party's exercise of any remedy shall not
preclude the exercise of any other remedies, all of which shall be cumulative. A Party
shall have the right, in its sole discretion, to determine which remedies are to be
exercised and in which order.
36) Captions. Section numbers, captions, and any indexes contained in this
Lease are intended for the convenience of the reader and are not intended to have any
substantive meaning and shall not be interpreted to limit or modify any substantive
provisions of this Lease. In this Lease, for any noun or pronoun, use of the singular or
plural form, use of the nominative, possessive, or objective case, and any reference to
gender (masculine, feminine, and neuter) shall mean the appropriate form, case, or
gender as the context requires.
37) Survival. Sections 2d, 5a, 5b, 7, and 8 shall survive the expiration or
termination of this Lease.
38) Authorization. The parties represent and warrant that their respective
signatories have the requisite authority to execute this Lease and bind them to the
terms and conditions contained herein.
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IN WITNESS WHEREOF the parties hereto have executed this agreement on
the date hereunder indicated.
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation,
Michael Gingell, Chairperson
Oakland County Board of Commissioners
J. David VanderVeen, Director
Oakland County Central Services
NFL HOLDINGS 2, LLC, Lessee:
Michael Kelter, Manager
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RIGHT-OF-WAY SURVEY SKETCH
N.W. CUR.
SEC. 32,
T2N R11E
NOTE: NO FIELD WORK PERFORMED
DESCRIPTION TAKEN FROM RECORD.
EXHIBIT"A"
uoct OF TAXI
224.70'
N88° 09' 31"W COOLIDGE ROAD
;61
Lease
Area : 62427.98 Sq. Ft.
1.43 Acres
10'
25'
N14° 24' 47"E
58.34'
51° 58' 08'W
P.O.B. 5.00'
_587° 56' 30"E
206.75'
E0GE SERVICE ROA3
S 8810'50" E 1680.82'
S87° 56' 30°E
30.00'
15 16 17 18
"Birmingham Airport Subdivision No. 1'
WEST 1/4
CUR.
SEC. 32,
T2N R11E
INDUSTRIAL ROW DRIVE
LEASE DESCRIPTION "NFL HOLDINGS 2" 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.1 1E., CITY OF TROY, OAKLAND COUNTY, MICHIGAN, DESCRIBED AS COMMENCING AT
THE WEST 114 CORNER OF SECTION 32; THENCE ALONG THE WEST LINE OF SAID SECTION 32
DUE NORTH 647.98 FT.; THENCE S. 88°10'50"E., 1,680.82 FT. ALONG THE NORTH LINE OF
"BIRMINGHAM AIRPORT SUBDIVISION NO. 1", AS RECORDED IN LIBER 112 OF PLATS, PAGE
39, OAKLAND COUNTY RECORDS, TO THE NORTHEAST CORNER OF LOT 15 OF SAID PLAT;
THENCE N. 14°24'47"E., 58.34 FT. TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF
BEGINNING S. 87°56'30"E, 206.75 FT.; THENCE S. 01 °58'08"W., 5.0 FT; THENCE S. 8756'30"E., 30.0
FT.; THENCE N.158'08"E., 275.36 FT.; THENCE N. 88°09'31"W., 224.70 FT.; THENCE S. 04°31'44"W.,
269.76 FT. TO THE POINT OF BEGINNING. CONTAINING 62,427.98 SQ. FT.OR 1.43 ACRES MORE
OR LESS. OakMod Troy Airport .thvg 3/1912018 a:54:52 AM Illit, WRC
DRAWN BY . DJL DATE; 04/18/2018
CHECKED BY: JP SCALE: 1"=100'
'MOE q ESOURCES COMMISSIONER
JOB NAVE; TROY AIRPORT SHEET in y.rAvi+
LOCANON: CITY OF TROY a-cmav 32 1/4 NW
TROY AIRPORT LEASE
,
(MISC. #18141) FISCAL NOTE May 2, 2018
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: CENTRAL SERVICES/AVIATION DIVISION — AIRPORT LAND LEASE: NFL HOLDINGS 2, 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 between Oakland County and NFL Holdings 2, LLC at the
Oakland/Troy Airport.
2. Oakland County is the owner of Oakland/Troy Airport in the City of Troy.
3. Parcels of land are leased to various aviation businesses for the purpose of construction hangars,
aviation ramps, and related appurtenances for conducting aviation business at the airport.
4. The County has negotiated the Land Lease with NFL Holdings 2, LLC. NFL Holdings 2, LLC is
purchasing the Metroline Aviation hangar and will assume the lease rates.
5. The Land Lease will have a term of twenty years from May 1, 2018, to April 30, 2038 with annual
rent fixed for the first two years at $16,855.56.
6. Under the Land Lease, the County has the right to change the rental payments each and every
two years, as set forth in the Land Lease.
7. No budget amendment is required as the revenue is already reflected in the FY 2018 — FY 2020
Budget.
Commissioner Thomas Middleton, District#4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
RETURN TO AGENDA
Resolution #18141 May 2, 2018
Moved by Long supported by Quarles the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted.
AYES: Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, KowaII, Long, McGillivray,
Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Crawford. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted.
‘1 -74
I HEREVAPPFlOVE THIS RESOLUTION
CHIEF DEPUTY COUNTY 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 May 2, 2018,
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 2nd day of May, 2018.
Lisa Brown, Brown, Oakland County