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Home My WebLink AboutResolutions - 2019.04.18 - 31273MISCELLANEOUS OLUTI N #19083April 18, 2019 BY Commissioner William Miller, Chairperson, Economic Growth and Infrastructure Committee IN RE: DEPARTMENT OF CENTRAL SERVICES - AVIATION DIVISION AIRPORT LAND LEASE: TENNECO, I C. 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 an existing lease for airport property with Federal Mogul is expiring; and the Aviation Division and Federal Mogul desire to continue the lease of the same property as contained in the attached Land Lease, in the name of their new entity (Tenneco); and WHEREAS the Aviation Division has negotiated the attached Lanni Lease with Tanned, Inc.; and WHEREAS the Land Lease will have a term of twenty years from May 1, 2019, to April 30, 2039, with annual rent fixed for the first two years at $38,402.04; and WHEREAS 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; and, WHEREAS the Lessee at its sale cost is responsible for any improvements to the property and maintenance to the grounds including mowing, snow removal, and landscaping; 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 for twenty (20) years with Tenneco, Inc. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or his designee to execute, the attached Land Lease and all other related documents between the County and Tenneco, Inc. BE IT FURTHER RESOLVED that no budget amendment is required at this time. Chairperson, on behalf of the; Economic Growth and Infrastructure Committee, I move the adoption of the foregoing resolution. Commissioner William Miller, Di 4 Chairperson, Economic Growth and Infrastructure Committee carriedMotion unanimously .,w roll toll vote. AIRPORT LAND LEASE 6 9- - - - - . 1 0 .b- 0 . 0 M^ . 1191=0111im 110 11 a a . a . Lessee, Upon the terms and conditions set forth het�eln, and WHEREAS the Lessee is desirous of leasing the real property described below ticcording to th&torms and cobdifions set forth herein, LOA dir- a 270.0 ft, thence N ��V24'VV, 426.48 ft; thence S 00*14'000'E, 511.76 q to the point of beginningContaining 137,149.89 square feet. of one percent �!%) per month on4he unpaid balanceshall be applied to payments rhade aftor the 20th of each month and shall be cumulafive.� Rent payments shall be made out: to the 'tounty of Oakland' and shall be sent to or made at 'the OCIAj 6500 Patterson Parkway, WaterfordMichigan a! .4' The Lessee shall also comply with the OCIA rules and regulations in effect and as amended. The 00k rules and regulations are incorporated into this Lease. 20 Reservation of Righft. This Lease does not and is hotIntended to impair, ritraverean"onstitutional statutom wd /or other le �vaLELr1it 'y' obligation, duty, or immunity of Ahe County. Asslanment and Subleasing The Lessee shall not sublease, assign, written permission of the Airport Committee. 4) Disruption/Obstruction of OCIA Business. The Lessee's use of the Property shall not disrupt, obstruct, or inconvenience� in any manner, the business or operations at the MIX ISMAI RMFlilt. i-ap'tily"t-Ild-te I CF, MITE aflit TRIM taws an regu a ions, unie hangars, buildings, structures, and other improvements are sold or trahsfertibd to the County or another entity� All expenses associated with such removal, disposal, and restoration shall be paid • the Lessee. ffl#Ifi •jolfro wilM M 710'r"BRIMlin im row 'IT111-1011 fjllIAt44 1111UHIMEN Kj LrlC UUITltj�, Its asielju5 Q1 terms and conditions of this Lease. 9ZIMEM 19�� and ondition as it was prior to the commencement of work. 17) Failure to Make Pgyments Under !he Lease, If 'the Lessee fails to make a v -,,AV a�,rme nts I . .. - 'his Lease. and if the Lessee fails to make�a�-,,;ments for a period of sixty (00) days, then the Coupty� J)y and through the Airport Cdromittee, mW i terminate this Lease upon notIce to the Lessee. Lease witho:ut impairing • affecting, in any way; the rights • the County against the Lessee underthis Lease. 19) Level of Service. The Lessee shall furnish good, prompt and efficient qwvice adequate to meet all demands for its� service at, the OCIA. MR 110-M U -I a isottrieleFORMUMMI IrarlSp lie(Atallorl 01 1 109"TTUT7 =17". Rights Act of 1964, �as said regulations may be amended, the Property and improvements thereon. 22) Nondiscrithinatory; Pelting, 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 t�pes of price reduction to volume purchasers. 23) Non-Exclusiveand Subordinate Lease. Thi& Lease shall be non-exclusive WON NO - CIS It 0660 1 Wih&ahce from the Lessee. 26) Protbeflon of OCIA. The County, by and through the Airport Manager, AM, 'It kbawa "I, M�� of the Airport Manager would limit the usefulness of the OCIA or constitute a hazard to aircraft. 01 014- 11,11101,1119 -1 1 - Ira I ILMS] U=- I LG I M-1 I W I I IM 11 =0 27) ��ssors. The covenants, conditions and agreements in this Lease shall be binding on the parties' heiM personal representatives, administrators., executors, su wes s o rs and ass id n s. 1.11 M.N.VIN-M 30) Noti ces. All I n otides req u ired by th i s Leas e s h a 11 be sent to the Les see at the iu Ir Tenneco, Inc� W IM LIM a 6. such other address as County may designate by written notice - Airport Manager Oakland County International Airpol 6500 Highland' Road Waterford, MI 48327 All notices required by this Lease shall be iii writing and sent With postage prepaid, registered or certified mail, return receipt requested. j ' tventurebetwe nth p rtie . The oin e e a s relati6nship between tm-- wed tetiarit� 0 34) Amendments. This Lease cannot be amended or modified, unless reduced I — to writing and signed by both parties. T—Mr7r, T��711TFMVWITMWTl* ri4ht, 'in its sole discretion, to determine Which remedies are to be ekotosed and in which order. IMP as the corit6xt `# r' M� Survival. Sections 2c, 5al 5b, 7, and 8 shall si�irvive the expiration or termination of this Lease, 39) AuthorizAtion, The parties represent �md Warrant that their respective and conditions contained herein. Revised February 2019 LN WITNESS WHEREOF the parties hereto have executed this agreement on the date hereunder indicated. WITNESSES: COUNTY OF OAKLAND, a Michigan Constitutional Corporation, David odward, Ghairperson J, David VandeNeen, Director TENNECO, INC. WITNESSES: LESSEE: Mateo DeSanto, Senior Vice President co -General Counsel Secretary NZIMUM Lem 11 276.58' 352.33' EAST WEST V4 LINE SECTION 18 1808.50, NOTE: NO FIELD WORK PERFORMED DESCRIPTION TAKEN FROM RECORD. " EAST 1/4 CORNER SECTION 18 W�, "1 Moved by Gingell seconded by Markham the resolutions on the Consent Agenda be adopted With accompanying reports being accepted, AYES. Hoffman, iacksoochenderfer, Kowall, Kuhn, Long, Luebs� Mprkham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, $01s�� Taub, Weipert� Woodward, Zack, Gershenson, Gingell. (21) NAYS: None. (0) I A sufficient majority having voted in favoesolutions on the Consent Agenda were adopted with accompanying reports being accepted. J4 - GERALD D. POISSON CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45,559A(7) STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, 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 April 18, 2019, with the original recordthereofnow remaining in rnyoffice. ................ .. ....... . ........ .. ... ... .. .... .... . ..... .. ... . .... ....... . .. ...... ....... ...................................... .. - In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan this 18th day of April, 2019.