HomeMy WebLinkAboutResolutions - 2021.09.02 - 34840BOARD OF COMMISSIONERS
September 2, 2021
MISCELLANEOUS RESOLUTION #21-335
Sponsored By: William Miller III
IN RE: Airport Land Lease Assignment and Consent to Assignment Between EJB-OC, LLC and BR1-
OC, LLC
Chairperson and Members of the Board:
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 EJB-OC, LLC, on February 1, 2021, with the
land lease term of thirty years, February 1, 2021, through January 31, 2051, and with the annual rent fixed for
the first two years at $13,228.30 (MR. 921003, adopted January 21, 2021); and
WHEREAS EJB-OC., LLC has negotiated with BHl -OC, LLC and the parties have agreed that BHl -OC, 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 EJB-OC., LLC is current on any amounts due and payable under the lease prior to the effective
date of this Assignment; and BHl-OC, 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 Consent to
Assignment to BHl -OC, 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 BHl-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 Adopted budget and FY 2022 - FY 2024 County Executive Recommended budget
within the Airport Fund (#56500).
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: William Miller I11.
Date: September 15, 2021
Hilarie Chambers, Deputy County Executive II
Date. September 15, 2021
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2021-08-11 Economic Development & Infrastructure - recommend to Board
2021-09-02 Full Board
VOTE TRACKING
Motioned by Commissioner Michael Gingell seconded by Commissioner William Miller III to adopt the
attached Contract: Airport Land Lease Assignment and Consent to Assignment Between EJB-OC, LLC and
BHl-OC, LLC.
Yes: David Woodward, Michael Gingell, Robert Holtman, Michael Spisz, Karen Joliat, Kristen Nelson,
Christine Long, Philip Weipert, Gwen Markham, Angela Powell, "Thomas Kuhn, Marcia Gershenson,
William Miller III, Adam L. Kochenderfer, Yolanda Smith Charles, Charles Cavell, Gary R. McGillivray,
Janet Jackson, Penny Luebs (19)
No: None (0)
Abstain: None (0)
Absent: Commissioner Kowall, Commissioner Moss (2)
The Motion Passed.
ATTACHMENTS
1. Airport Land Lease
2. Action Page Adopted
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 September 2, 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 on Thursday, September 2, 2021.
Lisa Brown, Oakland County Clerk/ Register of Deeds
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") this Consent is executed by the
County of Oakland, a Michigan Constitutional Corporation ("Lessor"), is entered into by
and between Lessor, EJB-OC, LLC, a Michigan limited liability company ("Assignor"), and
BH1-OC, LLC, a Michigan limited liability company, ("Assignee"). Lessor, Assignor, and
Assignee are sometimes referred to in this Consent, collectively, as the "Parties" and,
individually, as a "Party."
Whereas, Lessor and Assignor are parties to an Airport Land Lease effective February 1,
2021 (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"):
LEGAL DESCRIPTION PARCEL A:
Lot 3 and the North 15.00 ft. of Lot 2 of "ASTRO PARK No. 1" 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.
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:
1. Assignor and Assignee represent and warrant to Lessor that both Parties are
owned by the same members and managed by the same managers. 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,
Lessor consents to and approves the assignment of all of Assignor's right, title and
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interest in and to the Lease to Assignee; and (i!) 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.
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.
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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.
WO&OT670
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:
Signature Page 2 of 2 to the Oakland County International Airport
Airport Land Lease Assignment and Consent to Assignment
ASSIGNOR
EJB-OC, LLC, a Michigan limited liability
company
BY: PTK LLC, a Michigan limited
liability company
By:
Earl D. Ishbia
Its: Manager
Date:
ASSIGNEE
BH1-OC, LLC, a Michigan limited
liability company
BY: PTK LLC, a Michigan limited
liability company
By:
Earl D. Ishbia
Its: Manager
Date:
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