HomeMy WebLinkAboutResolutions - 2006.04.27 - 28060April 27, 2006
MISCELLANEOUS RESOLUTION #06085
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENTS OF SHERIFF AND FACILITIES MANAGEMENT - APPROVAL AND
ACCEPTANCE OF LEASE AGREEMENT WITH AERODYNAMICS INCORPORATED FOR USE OF
HANGAR SPACE FOR STORAGE OF HELICOPTERS AT 6544 HIGHLAND ROAD, WATERFORD,
MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen;
WHEREAS, pursuant to Miscellaneous Resolutions Numbers 00211 and 01315 the Oakland
County Sheriffs Department acquired two helicopters for the purpose of providing public safety and patrol
support services throughout Oakland County; and
WHEREAS, the helicopters ar%presently housed at the Oakland County International Airport in
hangar number 2 at 6544 Highland Road, Waterford, Michigan; and
WHEREAS, at the present time no adequate County owned facility exists on or off the Oakland
County Service Center, which would accommodate storage and office space requirements for the said
Helicopters and aviation staff, and;
WHEREAS, the administrative staff of the Departments of the Sheriff and Facilities Management
with the assistance of Oakland County Corporation Counsel have negotiated the terms and conditions of
the attached Hangar Lease Agreement; and
WHEREAS, it is the recommendation of the Departments of the Sheriff and Facilities
Management that the Oakland County Board of Commissioners accept and approve the terms and
conditions of the attached Hangar Lease Agreement, and;
WHEREAS, under the terms and conditions of the attached Hangar Lease Agreement, the
Aerodynamics Corporation will provide adequate storage and office space in its hangar number 2 facility
located at 6544 Highland Road at the Oakland County International Airport for a term of three years
commencing March 1, 2006 at a rental rate of $375.00 per month per helicopter or $9,000 per year.
WHEREAS, the Departments of the Sheriff, Facilities Management and Corporation Counsel have
reviewed and/or prepared all necessary documents related to the attached lease agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Hangar Lease Agreement for use of part of hangar number 2 at 6544
Highland Road at the Oakland County International Airport, Waterford, Michigan between the County of
Oakland and Aerodynamics Incorporated.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs
it's Chairperson or his designee to execute the attached Hangar Lease Agreement and all other related
documents between the County of Oakland and Aerodynamics Incorporated, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on a unanimous roll call vote with Potter absent
AERODYNAMICS INCORPORATED
HANGAR LEASE AGREEMENT
This Lease Agreement ("Agreement") by and between Aerodynamics Incorporated, a Michigan Corporation, of
6544 Highland Road, Waterford, Michigan 48327 ("ADI") and Oakland County Sheriff Department, of 1201 North
Telegraph Road, Pontiac, Michigan 48341, ("Lessee") is to provide for the storage of a designated aircraft at
Oakland County International Airport in Waterford Township, Oakland County. Michigan ("Airport").
1. Lease of Hangar Space ADI shall provide Lessee with hangar space for the designated aircraft identified on
Schedule A, Paragraph 1 ("Aircraft") within a hangar facility owned or operated by ADI at the Airport, upon the
terms set forth in this Agreement. ADI shall provide Lessee with related aircraft services identified on Schedule
B.
2. Term This Agreement shall commence on March 1, 2006 and shall remain in effect for a term of three years
unless terminated by either party upon thirty (30) days written notice.
3. Rent For the use of the Hangar Facility, Lessee shall pay ADI, at the address specified for payments in
Paragraph 10, the monthly rental amount indicated on Schedule A, Paragraph 2 per month, payable on or before
the first day of each month following the rental period. The amount of rent may be changed at any time by ADI
upon thirty (30) days prior written notice to Lessee. It is the Lessee's responsibility to keep billing information
current with ADI. Lessee is required to complete a credit application or credit card authorization and submit to
ADI. A Michigan sales tax exemption form must also be completed, if applicable.
Lessee's obligation to pay all rents shall not be subject to any abatement, offset, counterclaim or recoupment.
Lessee agrees to pay interest at the rate of 1 'A percent per month from the first day of the rental period on all
amounts not paid on or before the first day of each month following said rental period. In the event that any
action must be taken to collect any amount due, Lessee will pay ADI's collection and arbitration costs,
including but not limited to, actual arbitrator and attorney's fees, collector fees, and court costs.
4. Security Deposit Lessee shall provide ADI with a security deposit in an amount equal to one month's rent prior
to commencement of the term of this Agreement, which ADI may apply against any undischarged obligation of
the Lessee at the termination of this Agreement. Any unexpended balance of the security deposit shall be
refunded to the Lessee within thirty (30) days after the termination of this Agreement.
5. Use of Hangar Facility Lessee agrees to and shall comply with all applicable ordinances, rules and regulations
established by any federal, state, or local government agency, by ADI (attached to and incorporated herein as
Schedule C), or by Airport authorities.
6. Insurance Lessee agrees to maintain insurance against liability for damage or loss to the Aircraft or other
property, and against liability for bodily injury, personal injury or death, arising from acts or omissions of
Lessee, its agents and employees. Such policy or policies shall contain a provision whereby Lessee's insurer
agrees to waive any rights of subrogation against ADI, its agents and employees and providing that ADI must
receive at least thirty (30) days prior written notice of any cancellation or material change of Lessee's insurance
coverage. Prior to the commencement of the Agreement, Lessee shall deliver to ADI certificates or binders
evidencing the existence of the insurance required herein.
7. Indemnification ADI shall be responsible for loss or damage to the Lessee's aircraft and its contents arising
from acts or omissions of ADI and its agents and employees in performance of this Agreement. All liability to
third parties, loss, or damage as a result of claims, demands, costs or judgments arising out of activities of
Lessee under this Agreement shall be the responsibility of Lessee, and not the responsibility of ADI, if the
liability, loss, or damage is caused by, or arises out of, the actions or failure to act on the part of Lessee, its
agents or employees, provided that nothing herein shall be construed as a waiver of any governmental immunity
that has been provided to Lessee or its employees by statue or court decision.
ADI shall not be liable for any loss, injury, damage or delay of any nature whatsoever due to causes beyond
ADI's control including acts of God, fire, flood, accidents, strike, labor dispute, riot, insurrections, war,
terrorism or any other such cause beyond ADI's control.
8. Disclaimer of Liability The parties agree that under no circumstances shall ADI be liable for indirect,
consequential, special or exemplary damages, whether in contract or tort (including strict liability and
negligence), such as, but not limited to, loss of revenue or anticipated profits, loss of use, diminution of value or
other indirect damage related to the leasing of the office and/or hangar space under this Agreement.
9. Default This Agreement shall be breached if: (a) Lessee shall default in the payment of any rental payment
hereunder; (b) Lessee shall default in the performance of any other covenant herein, and such default shall
continue for five (5) days after receipt by Lessee of notice thereof from ADI; (c) Lessee shall cease to do
business as a going concern; (d) a petition is filed by or against Lessee under the Bankruptcy Act or any
amendment thereto (including a petition for reorganization or an arrangement); or (e) Lessee assigns his/her
property for the benefit of creditors.
In the event of any breach of this Agreement by Lessee, ADI shall, at its option, and without further notice,
have the right to terminate this Agreement and to remove the Aircraft and any other property of Lessee from the
Hangar using such force as may be reasonably necessary, without being deemed guilty of trespass, breach of
peace or forcible entry and detainer, and Lessee expressly waives the service of any notice. Exercise by ADI of
either or both of the rights specified above shall not prejudice its right to pursue any other remedy available to
ADI in law or equity.
10. Notices Any notice given by one party to the other in connection with this Agreement shall be in writing and
shall be sent by mail, delivery confirmation requested:
(1) (a) If to ADI, general correspondence addressed to:
AERODYNAMICS INCORPORATED
ATTN: Maureen Lukas
6544 Highland Rd.
Waterford, MI 48327-0100
Phone: (248) 666-3500 or (800) 235-9234 ext. 249
(b) If to ADI, payments addressed to:
AERODYNAMICS INCORPORATED
P.O. Box 67000-04664
Detroit, MI 48267-0046
(2) (a) If to Lessee, general correspondence addressed to:
Oakland County Sheriff Dept.
1201 N. Telegraph Rd.
Pontiac, MI 48341
Contact Name: Sheriff Michael Bouchard
Phone: (248) 858-5083
Fax: (248) 858-2099
E-mail:
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(b) If to Lessee, billing matters addressed to:
Oakland County Sheriff Dept.
Contract #B 0201546
1201 N. Telegraph Rd.
Pontiac, MI 48341
Contact Name: Valerie Van Gordon
Phone: (248) 858-5002
Fax:
E-mail:
Notices shall be deemed to have been received on the date of receipt as shown on the delivery confirmation.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the below day and year. Facsimile
signatures on this agreement are just as binding as original signatures.
AERODYNAMICS INCORPORATED LESSEE:
Signature:' /(J Signature:
Printed Name: Cheryl L. Bush Printed Name:
Title: President Title:
Date: Date:
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(ADI's initials)
(Date)
(Lessee's initials)
(Date)
AERODYNAMICS INCORPORATED
HANGAR LEASE AGREEMENT
SCHEDULE A
1. Identification of Aircraft
Aircraft Type:
Serial Number:
Registration:
Eurocopter
N631SD &N632SD
2. Rent & Security Deposit
Monthly Rental: $375.00 per helicopter
Security Deposit: WAIVED
3. Emergency Contact(s)
Name: Dale Cason
Phone: No. 1: 248-886-1809 No. 2: 248-431-4269 No. 3: 248-858-4954
Name:
Phone: No. 1: No. 2: No. 3:
* Lessee is responsible for keeping emergency contact information current with ADI *
Acknowledgment:
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AERODYNAMICS INCORPORATED
AIRCRAFT SERVICES
SCHEDULE B
1. ADI will perform one free exterior wash per month.
2. Upon request of Lessee, ADI will perform detailing (wash, wax, vacuum, carpet shampoo, etc.) at a rate of
$60.00 per hour.
3. ADI will provide Lessee with valet parking and a parking sign.
4. ADI will provide Lessee with a fuel discount of $.30 per gallon off retail price.
5. ADI will provide Lessee with office space within Hangar 2.
Acknowledgment:
(ADI's initials)
2 1 2-i-1 0
(Lessee's initials)
(Date) (Date)
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AERODYNAMICS INCORPORATED
HANGAR USE REGULATIONS
SCHEDULE C
1. Lessee will provide ADI with a key to the aircraft and will lock the aircraft at all times when it is unattended
outside of the hangar.
2. Lessee will provide AIM with two hours advance notice of the time when the aircraft should be available for
use. ADI will remove the aircraft from the hangar, and will place chocks, set brakes, tie down as necessary, and
will lock and secure the aircraft at a location accessible to the airport runways at the time designated.
3. Upon returning an aircraft for storage, Lessee will lock and secure the aircraft and notify ADI that the aircraft
has been returned for storage. AD1 will secure the aircraft within the hangar as soon as reasonably possible, and
not later than two hours after its return.
4. ADI will provide the service of moving the aircraft from the hangar onto the ramp area, and from the ramp area
into the Hangar. Lessee shall have no right to perform the above service without prior written permission from
ADI.
5. The Hangar shall be used only for storage of the Aircraft. No commercial activity of any kind whatsoever shall
be conducted by Lessee in, from or around the Hangar. No maintenance on the Aircraft shall be performed in
the Hangar without the prior written approval of Lessor, except such minor maintenance as would normally be
performed by an aircraft owner without the benefit of an aircraft mechanic.
6. Tenant and its invitee(s) shall have access to the aircraft within the hangar only as authorized by AD1.
7. ADI shall determine the specific location and may change from time to time, the space within the hangar to be
occupied by the aircraft.
8. There shall be no smoking at any time within the hangar or any designated No Smoking area on ADI premises.
9. ADI shall be accessible to the Lessee at all times by telephone at (248) 666-3500.
Acknowledgment:
(ADI's initials)
(Date)
(Lessee's initials)
(Date)
Revised January 24,2005
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Resolution #06085 April 27, 2006
The Chairperson referred the resolution to the Finance Committee. There were no objections.