HomeMy WebLinkAboutResolutions - 2020.11.19 - 33841MISCELLANEOUS RESOLUTION #20522 November 19, 2020
BY: Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee
RE: CENTRAL SERVICES/AVIATION DIVISION — AIRPORT LAND LEASE ADDENDUM: PENTASTAR
ACQUISITION CO, 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 negotiated an Airport Land Lease with Oakland Air Holding Company, LLC
on December 1, 2019; and
WHEREAS the Land Lease was assigned to Pentastar Acquisition Co., LLC in an Assignment of Airport
Land Lease effective February 25, 2020; and
WHEREAS the Land Lease specifies a date one year from the date the Lease commences in which a
minimum 10,000 square foot hangar must be constructed; and
WHEREAS additional time is required to design and construct an approved hangar due to the Assignment
and business interruptions resulting from the COVID-19 pandemic; and
WHEREAS the Aviation Division negotiated an extension of the deadline to complete construction of the
hangar to February 25, 2022; and
WHEREAS the Airport Committee and the County's Office of Corporation Counsel have reviewed and
agreed to the terms of the Land Lease Addendum.
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 Pentastar
Acquisition Co, 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 Pentastar Acquisition Co, LLC.
BE IT FURTHER RESOLVED that no budget amendment is required at this time as the revenue is already
reflected in the FY 2021 County Airport Fund (#56500) budget
Chairperson, on behalf of the Finance and Infrastructure Committee, I move the adoption of the foregoing
resolution.
Commissioner Helaine Zac istrict #18
Chairperson, Finance and Infrastructure
Committee
FINANCE AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
OAKLAND COUNTY INTERNATIONAL AIRPORT
AIRPORT LAND LEASE ADDENDUM
This Airport Land Lease Addendum ("Addendum"), effective upon the _ day of
2020 (the "Effective Date"), is entered into by and between the County of
Oakland, a Michigan Constitutional Corporation ("Lessor") and Pentastar Acquisition Co,
LLC, a Michigan limited liability company ("Lessee"). Lessor and Lessee are sometimes
referred to in this Addendum, collectively, as the "Parties" and, individually, as a "Party."
Whereas, Lessor and Lessee are parties to an Oakland County International Airport Land
Lease dated December 1, 2019 (the "Lease") pursuant to an Oakland County
International Airport Assignment of Airport Land Lease effective February 25, 2020 (the
"Assignment");
Whereas, the Lease is for real property located on the Oakland County International
Airport in Waterford Township, Oakland County, Michigan, and described as follows (the
"Property"):
The Property is further depicted in Exhibit A to the Lease, which is fully
incorporated therein: Part of the South 1/2 of Section 17, T.3N., R.9E., Waterford
Township, Oakland County, Michigan, described as: Commencing at the
Southeast corner of said Section 17; thence S 87' 49' 02" W, 1675.00 FT, along
the South line of Section 17 and N 02° 10' 58" W, 119.00 FT and S 870 49' 02" W,
350.00 FT. to the point of beginning, thence from said point of beginning S 87' 49'
02" W, 319.00 FT.; thence N 02' 23' 21" W, 79,80 FT; thence. S 87036'39" W,
47.93 FT.; N 02°23' 21" W, 44.68 FT.; thence N 02' 10' 58" W, 601.03 FT.; N 87'
49' 02" E, 368.29 FT; thence S 020 10'58" E, 725.34 FT, to the point of beginning.
Containing 263,277.70 square feet, 6.04 acres.
Whereas, due to delays in the completion of the transaction resulting in the Assignment
and other factors of the economic environment all due to the COVID-19 pandemic, the
Parties desire to amend Section 2c) of the Lease, which shall be effective as of the
Effective Date subject to the terms of this Addendum, to extend the period during which
Lessee is required to build a hangar.
Now, therefore, and in consideration of the mutual covenants and agreements of the
Parties, each Party agrees to the terms set forth below, as applicable:
Section 2c) of the Lease is hereby deleted and replaced with the following new
Section 2c):
2c) Construction of Hanqar. The Lessee, at its sole cost, agrees to
construct an approved hangar on the Property of not less than ten thousand
(10,000) square feet prior to February 25, 2022. Such plans shall be approved by
the Airport Committee, prior to the construction of the hangar. The parties
specifically agree that failure to construct the hangar during the time and in the
manner described herein shall be considered a material breach of this Lease, and
shall constitute grounds for immediate termination of this Lease agreement, upon
written notice to the Tenant, in the sole discretion of the Landlord.
2. In all other respects, the Lease shall remain in full force and effect.
3. Provided this Addendum is approved as required by Lessor's approval process
and procedures, the Addendum shall be effective as of the Effective Date.
4. This Addendum may be signed in counterparts which together shall be deemed a
fully executed document. Any signature to this Addendum delivered electronically
shall be deemed an original signature to this document.
This Addendum is executed on behalf of each Party on the date indicated below.
LESSOR
County of Oakland, a Michigan
Constitutional Corporation
David T. Woodward, Chairperson
Oakland County Board of
Commissioners
Date:
LESSEE
Pentastar Acquisition Co, LLC, a
Michigan limited liability company
By:
Printed Name:
Its:
Date:
861
Resolution #20522
November 19, 2020
Moved by Long seconded by Luebs the resolutions on the Consent Agend;, be adopted.
AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack,
Gershenson. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted.
41LS'� CLO-�'
I HEREBY APPROVETHIS 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 November 19,
2020, 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 Circuit Court at Pontiac,
Michigan this 191h day of November, 2020.
Lisa Brown, Oakland County