HomeMy WebLinkAboutResolutions - 2021.01.21 - 34076MISCELLANEOUS RESOLUTION #21003 January 21, 2021
BY: Commissioner William Miller, Chairperson, Economic Development and Infrastructure Committee
IN RE: CENTRAL SERVICES/AVIATION DIVISION —AIRPORT LAND LEASE: EJB-OC, 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 agreed to terminate the Land Lease with Becker Hangar, LLC, dated
April 6, 2000, and agreed to enter into a new Land Lease with EJB-OC, LLC for the same premises; and
provided the termination and the new lease will be effective only upon the lease transaction with EJB-OC,
LLC; and
WHEREAS the Land Lease will have a term of thirty years from February 1, 2021, to January 31, 2051, with
annual rent fixed for the first two years at $13,228.30 and
WHEREAS under the Land Lease the County has the right to change the rental payment every two years,
as set forth in the Land Lease; and
WHEREAS the Lessee at its sole 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 thirty (30) years with
EJB-OC, LLC.
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 EJB-OC, LLC.
BE IT FURTHER RESOLVED that no budget amendment is required at this time as the revenue is already
reflected in the FY 2021 budget.
Chairperson, on behalf of the Economic Development and Infrastructure Committee, I move the adoption
of the foregoing resolution.
Commissioner William Miller, District # 14
Chairperson, Economic Development and
Infrastructure Committee
ECONOMIC DEVELOPMENT AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
OAKLAND COUNTY INTERNATIONAL AIRPORT
ASTROPARK LAND LEASE
THIS LEASE, to be effective February 1, 2021 is made by and between the COUNTY OF
OAKLAND, a Michigan Constitutional Corporation, hereinafter called the COUNTY, and
EJB-OC, LLC, a Michigan limited liability company, hereinafter called the LESSEE:
WHEREAS the County owns and operates the Oakland County International Airport
(OCIA) in Waterford Township and has real property available which can be leased to the
Lessee upon the terms and conditions set forth herein; and
WHEREAS the Lessee desires to lease the real property described below according to the
terms and conditions set forth herein.
NOW THEREFORE THE PARTIES AGREE TO THE FOLLOWING TERMS:
1 a) Description of Leased Propertv. The County leases to the Lessee and the
Lessee leases from the County for a period of thirty years (30), commencing February 1,
2021 and expiring January 31, 2051 the following real property located on the OCIA,
Waterford Township, Oakland County, Michigan (as depicted on Exhibit A, attached to this
Lease, hereinafter referred to as the "Property"):
LEGAL DESCRIPTION PARCEL A:
Lot 3 and the North 15.00 ft. of Lot 2 of "ASTRO PARK No. V a subdivision of part of
the N.E. 1/4, Section 18, T. 03 N., R. 09 E., Waterford Township, Oakland County,
Michigan as recorded in Liber 147 of Plats, Page 16 Oakland County Records.
Containing 47,243.93 Sq. Ft. or 1.08 Acres more or less.
1 b) RentAmount. Except as otherwise modified herein, as rent for the Property,
the Lessee shall pay the County a rate of $.28 per square foot annually, which equals a flat
rate of $13,228.30 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 $1,102.36 per month on the first of every month while this Lease
is in effect. Rental payments will be computed from February 1, 2021. 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 cumulative. Rent payments shall be made out to
the "County of Oakland" and shall be sent to or made at the OCIA, 6500 Patterson
Parkway, Waterford, Michigan 48327-1649.
Page 1 of 12
1c) Monies Due Upon Execution of the Lease. Four (4) months' rent, namely
$4,409.44 shall be paid upon the execution of this Lease, of which $1,102.36 shall applyto
the first month's rent and payment of $3,307.08 shall be retained by the County as a
guaranty fund for any outstanding rent payments at the expiration or termination of this
Lease.
1d) Lease Renewal. If required by the Lessee's lender(s) to secure financing as
evidenced in document(s) issued by such lender(s) to the County's satisfaction and
delivered by the Lessee to the County prior to County's execution of this Lease and upon
the exercise of any right granted under this Section, the Lessee shall have the right to
renew this Lease at the expiration of the initial period set forth in Section 1a) for an
additional twenty (20)-year period upon such terms and conditions as shall be agreed upon
between the parties set forth in an amendment to this Lease executed by the parties,
provided such terms and conditions and the provisions of this Section 1 d) comply with all
applicable laws, ordinances, and rules and regulations of the Township of Waterford, the
County, the State of Michigan, the United States, any governmental agency, and the OCIA
as may be restated, replaced, supplemented, or otherwise amended, including, but not
limited to, any grant assurances governed by the Federal Aviation Administration. To
exercise such right to renew, Lessee must deliver to the County a written notice of such
exercise and the documentation evidencing the lending requirements described above not
less than six (6) months prior to the expiration of the initial period set forth in Section 1a).
le) Rent Increases. The County reserves the right to change the rent amount
provided under this Lease 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
generally in effect at the OCIA at the expiration date of each two-year period. The County
will provide Lessee with written notice and the effective date of any changes to the rent
amount, which shall be incorporated by reference into this Lease.
2a) Use of Property. The Lessee shall only use the Property in accordance with
the terms of the OCIA Astropark Protective Covenants attached to this Lease as Exhibit B,
(the "Astropark Covenants") including, but not limited to, Article III of such covenants, and
the terms of Section 2b), below.
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 Township of
Waterford, 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; 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, as, in each instance,
may be restated, replaced, supplemented, or otherwise amended. The Lessee shall also
comply with the OCIA Minimum Standards and OCIA Rules and Regulations, as restated,
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replaced, supplemented, or otherwise amended. The Astropark Covenants, OCIA
Minimum Standards, and the OCIA Rules and Regulations and restatements,
replacements, supplements, or amendments thereto are incorporated into this Lease.
2c) Reservation of Riahts. This Lease does not and is not intended to impair,
divest, or contravene any constitutional, statutory, and /crother legal right, privilege, power,
obligation, duty, or immunity of the County.
3) Assionment and Subleasina. 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 OCIA Business, The Lessee's use of the
Property shall not disrupt, obstruct, or inconvenience, in any manner, the business or
operations at the OCIA.
5a) Removal of Lessee Improvements Uoon Expiration of Lease. At the
expiration of this Lease, the Lessee shall within a reasonable time, not to exceed six (6)
months from the expiration, 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. If this Lease is (1) terminated
by operation of law, (2) terminated by another provision contained herein prior to its
expiration, or (3) terminated at any time during the term of this Lease, the County, by and
through the Airport Committee shall, upon thirty (30) days written notice, have the first right
of refusal 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 Airport
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 six (6) months from the 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 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. All expenses
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associated with such removal, disposal, and restoration shall be paid by the Lessee. If
Lessee does not remove and restore the Property within the six (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 Eniovment. Upon performance of its obligations underthis 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.
7) 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) Damaae 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 the
Property, prior to construction, except for the construction of buildings or hangars, which
Page 4 of 12
must be approved by the Airport Committee. The Lessee acknowledges that it had the
opportunity to inspect the Property and leases it "AS IS."
10) Use of Common Areas at OCIA.. In conjunction with other tenants and
patrons at the OCIA, the Lessee has the rightto use common areas of the OCIA, including,
but not limited to, the landing field, runways, apron to runways, taxi ways, driveways, roads,
major street access, and parking facilities according to the rules and regulations of OCIA or
the rules and regulations of another governmental entity, e.g„ the State or Federal
Government.
11) Lien on Lessee Hangar/Buildings. The Lessee expressly grants to the
County a lien on the hangar and/or buildings that the Lessee constructs on the Property for
the security of the payments due the County by the Lessee under this Lease.
12) Landinq Fees. Lessee and any aircraft based in its hangar shall not be
required to pay landing fees at the OCIA. However, the Airport Committee reserves the
right to create and adopt a policy to charge all tenants and aircraft based at the OCIA
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 OCIA, then
this Section (Section 12—Landing Fees) shall have no effect and shall be deemed severed
from the Lease on the date such policy is adopted.
13) 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 OCIA.
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 days 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.
14) Signs/Posters on Proaerty. 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. 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.
15) 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
Page 5 of 12
Lease upon written notice to the Lessee
16) 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 or for any
purpose occasioned by 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.
17) Failure to Make Pavments 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, then the County, by and through the Airport Committee, may
terminate this Lease upon notice to the Lessee.
18) Bankruatcv/Judaements 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.
19) Level of Service. The Lessee shall furnish good, prompt and efficient
service adequate to meet all demands for its service at the OCIA,
20) No Discrimination. The Lessee agrees, 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,
Page 6 of 12
the Property and improvements thereon.
22) Nondiscriminatory Pricina. 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 OCIA, 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 OCIA.
24) Development/lmorovement of OCIA. The County reserves the rights to
further develop or improve the OCIA, including the landing field or other areas of the OCIA
as it sees fit, regardless of the desires or views of the Lessee and without interference or
hindrance from the Lessee.
25) Protection of OCIA. 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 OCIA against obstruction, together with the right to prevent the Lessee from erecting
or permitting to be erected any building or other structure on the OCIA, which in the opinion
of the Airport Manager would limit the usefulness of the OCIA or constitute a hazard to
aircraft.
26) Remedies Not Exclusive. The County's and the Lessee's rights, remedies,
and benefits underthis 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 Aareement. 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) Severability. 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
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following address or to such other address as the Lessee may designate by written notice:
EJB-OC, LLC
31100 Telegraph Road, Suite 250
Bingham Farms, Michigan 48327
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.
32) Governina 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
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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 2c, 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.
Signatures appear on the next page.
Page 9 of 12
Signature Page to the Oakland County International Airport
Astropark Land Lease
IN WITNESS WHEREOF the parties hereto have executed this agreement on the date
hereunder indicated.
WITNESSES: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation,
David T. Woodward, Chairperson
Oakland County Board of Commissioners
Date:
J. David VanderVeen, Director
Oakland County Central Services
LESSEE:
EJB-OC, LLC,
a Michigan limited liability company:
By:
Bret Russell
Its: Manager
Date:
Page 10 of 12
EXHIBIT A
DEPICTION OF THE PROPERTY
(See attached)
Page 11 of 12
RIGHT-OF-WAY SURVEY SKETCH
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CENTER T—
SECTION to
T.03N., R.09E, Unplatted Oaidand-Pontiac Airport
LEGAL DESCRIPTION BECKER LEASE PARCEL:
Lot 0, plus fifteen (15) feet of the northerly side of Lot #2 of Astropark No.1, a
Subdivision of part of the N. E. 1/A of Section 18, T3N, R9E, Waterford Township,
Oakland County, Michigan and as detailed In attached Exhibit A.
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I OAKLAND INTERNATIONAL AIRPORT
EXHIBIT B
AIRPORT ASTROPARK PROTECTIVE COVENANTS
(See attached)
Page 12 of 12
OAKLAND COUNTY INTERNATIONAL AIRPORT
ASTROPARK PROTECTIVE COVENANTS
ARTICLE I
PURPOSE
The County of Oakland in order to provide for the most beneficial development of the
Oakland County International Airport Astropark and to prevent such use thereof as might
tend to diminish the value and operation of the Oakland County International Airport or its
lessees, or pleasurable enjoyment thereof for the purpose hereinafter stated, does hereby
adopt, declare and constitute the following restrictions, conditions and limitations upon said
land which shall be covenants running with the land and binding upon the lessee of any
part or parcel of said land and its successors, assignees, devises and administrators.
Oakland County reserves the right to make variances to, or to amend said agreement
under special circumstances as it sees fit for the benefit of its lessees, Oakland County
International Airport or Oakland County.
ARTICLE II
PROPERTY SUBJECT TO THESE STANDARDS
These standards shall apply to the properties located within Astropark and as specifically
described herein.
ARTICLE III
USE OF PROPERTY
Intended Use
A. The property herein conveyed shall be used only for storage of aircraft owned,
leased or operated by Lessee within a building or for other related purposes.
Related purposes shall be construed to include tenants which may be based in its
hangar, and maintenance of its own and tenants' aircraft. General professional
office use will be permitted when such use requires airport access and orientation.
The property shall not be used for residential purposes except those required on the
plant premises for watchman or police purposes. The retail sale of merchandise or
services is prohibited. The sale of food, beverages and other such convenience
items to occupants and employees is permitted so long as the items are not offered
for sale to the general public.
B. The Lessee agrees it will use said property in compliance with the laws of the
Township of Waterford, Oakland County, State of Michigan, the United States, the
Michigan Aeronautics Commission and the Federal Aviation Administration.
Restricted Use
A. The use and occupancy of the herein conveyed premises will be such that there will
not be installed, used or permitted thereon lights, unshielded welding arcs or smoke
which would impair visibility of pilots of aircraft landing, taking off or maneuvering in
the vicinity of the airport or render it difficult for such pilots to distinguish landing
area lights of the airport or equipment which would cause interference with electrical
or electronic air navigation or landing aids.
B. The Lessee of said property shall keep the premises, buildings and improvements in
a safe, clean, healthful and attractive condition and shall comply in all respects to all
government, health, police and airport requirements.
Performance Standards
No industry or other business shall be established, maintained or permitted on such
property which produces objectionable smoke, dust, noise, odor, heat, glare, toxic gases,
vibration or waste. No activity shall be allowed involving fire or explosive hazard.
Determination of whether an industry or business is objectionable or hazardous for any of
the above reasons shall be based on existing laws and ordinances and the discretion of the
County or its appointed agent.
Setbacks
A. All buildings or structures shall be set back a minimum of fifty (50) feet from all
property lines.
B. No detached buildings shall be located on the same site.
Buildina Coveraae
All buildings and structures or portions thereof shall not cover more than forty (40) percent
of the total lot area.
Parking
A. No parking shall be permitted on any public or private street or roadway or any other
place than paved parking areas. Each Lessee shall be required to provide off-street
parking for all its employees, customers and visitors.
B. Off-street parking shall be permitted in the front setback areas which abut a street
or roadway provided that not more than thirty-five (35) percent of such required front
or side setback area may be used for parking and driveways to within a distance of
fifteen (15) feet of the property line.
C. All driveways and parking areas shall have concrete curbs and be surfaced with the
same material as the street or roadway to which it is connected. All storm drainage
shall be connected to the underground storm drainage system.
D. Off-street parking areas shall be used only for the parking of vehicles incidental to
the operation conducted on the property. No commercial repair work or service of
any kind shall be conducted on such parking areas.
Aircraft Parkina
No holding, maneuvering, stopping or parking of aircraft on the taxiway access to the
tenants leasehold premises for purposes of hangaring, parking or storage of aircraftwill be
permitted,
Taxiwav Connection
Any connection from a taxiway or apron on a lot to the actual paved surface of an abutting
public use taxiway shall be of bituminous concrete or concrete. All site drainage shall not
flow onto the existing runway.
Signage
A. No more than two identification signs may be allowed on any parcel of property.
One sign shall be located on the building adjacent to the street right-of-way and the
other on the building adjacent to the taxiway.
B. Identification signs stating name of the company or corporation or name and
product of service offered, internally illuminated, non -flashing, non -blinking, non -
rotating, non -animated, not more than thirty-six (36) inches high and seventy-two
(72) inches long with one illuminated surface mounted not to exceed ten (10) feet to
zero (0) inches above grade are permitted.
C. No sign or other advertising device of any character shall be erected, pasted,
posted, painted, displayed or permitted upon any part of a building except for
temporary construction signs as approved by the County.
D. The County shall install such signs as are necessary throughout the airport for
directional and informative purposes.
Noise
At no point on any property line shall the sound pressure level of any individual building or
operation (other than the operation of motor vehicles or other transportation facilities)
exceed the decibel levels in the designated octave bands shown below:
Octave Band Cycles Per Maximum Permitted Sound Level in
Second Decibels
C - 300 75
300 -1200 55
1200 - 4800 45
4800 and above 40
Air Pollution
A. Any use producing smoke, gas, dust, odor, fumes, aerosols, particulates, products
of combination or any other atmospheric pollutant shall be conducted within a
completely enclosed building.
Visible emissions of smoke will not be permitted which exceed Ringlemann Chart of
the U.S. Bureau of Mines. This requirement also shall be applicable to the disposal
of trash and waste materials. Wind borne dust, sprays and mists originating in
facilities will not be permitted.
C. No operation shall discharge into the atmosphere toxic or noxious matter.
D. The emission of odors which are detectable at any point beyond the property line of
any facility will not be permitted.
Dust
All ground areas not covered by structures shall be landscaped or surfaced with asphalt or
other comparable dust -free surfacing, subject to County approval, shall be maintained in
good condition, free of weeds, dust, trash and other debris and shall be properly drained
and graded.
Heat or Glare
Any operation producing intense glare or heat shall be performed within an enclosed or
screened area in such matter that the glare or heat emitted will not be discernible from the
property line.
Utilities
No electric power or telephone and telegraph lines and no water, gas, sewer, process or
drainage pipe (other than downspouts) or fuel storage tanks shall be installed or
maintained above the surface of the ground on any lot or parcel, except for meter
connections which shall be screened. Hoses and movable pipes used for irrigation or
similar purposes shall be permitted,
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Storm Sewers
All storm drainage systems shall be connected to existing systems located in street right-of-
way.
Sanitary Sewers
Lessee shall provide a septic tank field on subject property for sanitary waste until sanitary
sewers are made available. Within one (1) year from written notification that sanitary
sewers are available, Lessee shall at his own cost abandon septic tank system and
connect into the public sanitary sewer system. Where grease or oil accumulation is
possible, grease interceptors are required. Proper maintenance of grease interceptors
shall be the responsibility of the Lessee.
Fuel Tanks
No fuel storage tanks shall be installed or maintained above ground. Maximum fuel
storage tank size shall be ten thousand (10,000) gallons. Pump and hose location shall be
approved by the County.
ARTICLE IV
BUILDING DESIGN
Construction
Buildings constructed on the property shall conform to the standards specified by the
Waterford Township Building Code in effect at the time of such construction.
Appearance
The exterior material of the front and side walls shall be of a similar material and must be
face brick, decorative pre -cast panels, decorative metal or plastic or equivalent and
designed to provide an attractive facade. All walls and roofs shall be guaranteed to
maintain color for no less than twenty (20) years. Color shall be subject to approval by the
County.
Building Height
Building heights, including any building equipment, penthouse, extrusions, etc., shall be in
compliance with all applicable governing standards.
Navigational Interferences
Building location, orientation, materials and other characteristics which may in any way
affect navigation or communication with aircraft in flight or maneuvering on the airport are
subject to approval by the County.
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Preliminary Approval
Preliminary construction documents prepared by a registered architect or engineer will be
accepted for preliminary approval. Such documents must include evidence of surface
drainage, building locations and materials, paved areas, such as parking and roadways,
and landscaping.
Approval
Approval for construction will be evaluated upon submittal of construction documents
prepared by a registered architect or engineer, including but not limited to the following:
1. A site plan showing topographic features and at a scale not smaller than one
(1) inch equals one hundred (100) feet showing relationship of the proposed
improvements to the lots demised and to the improvements on adjacent lots,
utilities and access thereto, curbs, walks, driveways, parking areas, signage
placement, etc.
2. Floor plans at a scale not smaller than one -eighth (1/8) equals one (1) foot.
3. Ground cover plans, including landscaping.
4. An architectural rendering or model of the proposed improvements showing
the proposed exterior color scheme, style and materials.
5. Any other plans, specifications or design features which the County or its
authorized agents may deem necessary and request.
Alterations and Additions
All plans for alterations on a lot, either for the construction of additional improvements or
alterations to existing improvements which will be visible from the exterior, or which affect
the structure of any building or change any grades, landscaping or parking, shall be
submitted to the County for approval under the provisions of this article.
ADOPTED BY RESOLUTION OF THE OAKLAND COUNTY AIRPORT COMMITTEE
DATED JUNE 11, 1973.
AMENDED BY RESOLUTION OF THE OAKLAND COUNTY AIRPORT COMMITTEE
DATED APRIL 17, 1975.
d 1leases\astropark,cov
Rep; 8-14-86
Resolution #21003 January 21, 2021
Moved by Gingell seconded by Nelson the resolutions on the Consent Age da be adopted.
AYES: Charles, Gershenson, Gingell, Hoffman, Jackson, Joliet, Kochenderfer, Kowall, Kuhn,
Long, Luebs, Markham, McGillivray, Miller, Moss, Nelson, Powc 1, Spisz, Weipert, Woodward,
Cavell. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the Consent r genda were adopted.
Moved by Gingell seconded by Kowall MR #21002 be amended as follows
Add the following Commissioners as co-sponsors of the resolution.
Bob Hoffman, District #2; Adam Kochenderfer, District #1b Eileen Kowall, District #6;
Thomas Kuhn, District#12; Christine Long, District#7; Gary M: 3illivray, District#20; Chuck
Moss, District #12; Philip Weipert, District #8; Charlie Cavell, 'iistrict #18; Yolanda Charles,
District #17; Janet Jackson, District #21; Karen Joliat, District' 14; Penny Luebs, District #16;
Gwen Markham, District #9; William Miller, District #14; Krist¢ 1 Nelson, District #5; Angela
Powell, District #10
Discussion followed.
A sufficient majority having voted in favor the amendment carried.
P_ Q L'
1 HEF T APPRDVCTPiis FeSOLUTIOP;
CNIEF DEPUTY CCiUNTY-X'-C"iTP.+t:
ACTING PURSUANT TO {'CL 45.55UA',
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foiegoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on January 21,
2021, 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 21s` day of January, 2021,
7
Lisa '3rown, Oakland County