HomeMy WebLinkAboutResolutions - 2021.04.29 - 34345MISCELLANEOUSRESOLUTION #21137 April 29, 2021
BY: Commissioner William Miller, Chairperson, Economic Development and Infrastructure Committee
IN RE: CENTRAL SERVICES/AVIATION DIVISION — AIRPORT LAND LEASE ASSIGNMENT AND
CONSENT TO ASSIGNMENT: PALLA, 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 County entered into an Airport Land Lease with Woodridge Properties 7455 Astro Drive N.,
LLC on November 1, 2020; and
WHEREAS Woodridge Properties 7455 Astro Drive N., LLC has negotiated with Palle, LLC, and the parties
have agreed that Palls, LLC will assume the rights, duties and obligations of the existing Airport Land Lease
upon the Consent of the County; and
WHEREAS the County desires to consent to the Assignment between the parties; and
WHEREAS Woodridge Properties, 7455 Astro Park Drive N., LLC, is current on any amounts due and payable
under the lease prior to the effective date of this Assignment, and Palla, LLC agrees to assume all obligations
of the Land Lease after the effective date; and
WHEREAS the Airport Committee and the County's Office of Corporation Counsel have reviewed and
agreed to the terms of the Airport Land Lease Assignment and Consent to Assignment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and accepts the terms and conditions of the attached Airport Land Lease Assignment and the
Consent to Assignment with Palla, LLC.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chairperson or
his designee to execute the attached Airport Land Lease Assignment and Consent to Assignment and
all other related documents between the County and Palla, LLC.
BE IT FURTHER RESOLVED a budget amendment is not required as the revenue is reflected in the FY
2021 budget within the Airport Fund (#56500).
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
AIRPORT LAND LEASE ASSIGNMENT AND CONSENT TO ASSIGNMENT
This Airport Land Lease Assignment and Consent to Assignment ("Assignment and
Consent"), effective upon the date (the "Effective Date") is entered into by and between
County of Oakland, a Michigan Constitutional Corporation ("Lessor"), WOODRIDGE
PROPERTIES 7455 ASTRO PARK DRIVE N, L.L.C., a Michigan limited liability company
("Assignor"), and PALLA, LLC, a Michigan limited liability company ("Assignee"). Lessor,
Assignor, and Assignee are sometimes referred to in this Assignment and Consent,
collectively, as the "Parties" and, individually, as a "Party."
Whereas, Lessor and Assignor are parties to an Airport Land Lease effective November
1, 2020 (the "Lease").
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"):
Lot No. 5 of "ASTRO PARK No. 1" a subdivision of part of the N.E. '% Section 18,
T. 03N., R. 09E., Waterford Township, Oakland County, Michigan, as recorded in
Liber 147 of Plats, Page 16 Oakland County Records. Containing 69,869.25 Sq.
Ft. or 1.60 Acres more or less.
Whereas, Assignor desires to assign to Assignee and Assignee desires to assume the
Lease and all rights, duties, and obligations thereunder, pursuant this Assignment and
Consent, and Lessor desires to consent to such assignment.
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:
Assignee represents and warrants to Lessor that Assignee is in good financial
standing. Assignor represents and warrants to Lessor that (i) all deposits, rents,
and any other amounts due and payable by Assignor under the Lease have been
paid by Assignor prior to the Effective Date; and (ii) Assignor has not filed any claim
or know of any facts or circumstances that would give rise to a claim against Lessor
under the Lease.
2. Provided, prior to the execution and delivery of this Assignment and Consent by
Lessor, (i) Assignee has provided to Lessor to Lessor's satisfaction all completed
aeronautical permits, reports, and any other documentation required by Lessor or
the laws, rules, and regulations governing airports and aeronautical activities
and/or the Property; and (ii) the assignment contemplated hereunder is approved
by the Airport Committee (as defined in and as required by the Lease) and Lessor's
Board of Commissioners, Lessor consents to and approves the assignment of all
of Assignor's right, title and interest in and to the Lease to Assignee.
3. With respect to the time period after the Effective Date, Assignee agrees to
assume, be responsible for, and pay in accordance with and be bound by, the
terms and provisions of the Lease to the extent such obligations, terms and
conditions occur or accrue after the Effective Date only. Lessor agrees to treat
Assignee as the "Lessee" under the Lease in all respects from and after the
Effective Date, subject to the conditions set forth in Paragraph 2, above.
4. Nothing set forth in this Assignment and Consent shall be deemed a consent or
waiver of the requirements for any other or further consents which may be required
by the terms of the Lease or a release of Assignor from its obligations or duties
under the Lease prior to the Effective Date.
5. This Assignment and Consent may be signed in counterparts which together shall
be deemed a fully executed document. Any signature to this Assignment and
Consent delivered electronically shall be deemed an original signature to this
document.
Signatures appear on the following pages
2
Signature Page 1 of 2 to the Oakland County International Airport
Airport Land Lease Assignment and Consent to Assignment
This Assignment and Consent 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:
J. David VanderVeen, Director
Department of Central Services
Date:
3
Signature Page 2 of 2 to the Oakland County International Airport
Airport Land Lease Assignment and Consent to Assignrent
ASSIGNOR
WOODRIDGE PROPERTIES 7455
ASTRO PARK DRIVE N., L.L.C., a
Michigan limited liability company
By:
Its:
Date:
ASSIGNEE
PALLA, LLC, a Michigan limited liability
company
0
Its:
Date:
13
Resolution #21137
April 29, 2021
Moved by Long seconded by Luebs the resolutions on the amended Consent Agenda be adopted.
AYES: Charles, Gershenson, Hoffman, Jackson, Joliet, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Miller, Moss, Nelson, Powell, Spisz, Weipert, Woodward, Cavell. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted.
I HEREBY APPROVE THE FOREGOING' RESOLUTION
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 April 29, 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 29th day of April, 2021,
Lisa Brown, Oakland County