HomeMy WebLinkAboutResolutions - 2022.06.23 - 374081
BOARD OF COMMISSIONERS
June 23, 2022
MISCELLANEOUS RESOLUTION #22-213 ,
Sponsored By: William Miller III
Economic Development - Aviation and Transportation - Lease Airport Land Lease Addendum - Midfield
Management, 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 conducting aviation
business at the Airport; and
WHEREAS the Aviation Division entered into a Land Lease with Midfield Management, LLC, on April 11,
2013 followed by subsequent Land Lease Addendums dated March 12, 2015, May 1, 2017 and August 1, 2019;
and
WHEREAS the Aviation Division has agreed to enter into a new Land Lease Addendum with Midfield
Management, LLC for the purpose of adding an additional 3.44-acre parcel to the original leasehold for a new
total of 16.9 acres; and
WHEREAS the Land Lease will be extended foe a twenty-year term and will expire on June 30, 2042, with
additional annual rent fixed at $43,406.81 for a new rent total of $213,436.71 annually; 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 Airport Committee and the County's Office of Corporation Counsel have reviewed and agreed
to the terms of the Airport 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 Airport Land Lease Addendum for twenty (20) years with
Midfield Management, 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 Addendum and all other related documents between the
County and Midfield Management, LLC.
BE IT FURTHER RESOLVED that no budget amendment is required at this time as the revenue is already
reflected in the FY 2022 Airport Fund (#56500) budget.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: William Miller III
Date: June 23, 2022
David Woodward, Commissioner
&A(
"""""" Date: June 24, 2022
Hilarie Chambers, Deputy County Executive II
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Date: June 24, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-06-15 Economic Development & Infrastructure - Recommend to Board
2022-06-23 Full Board
VOTE TRACKING
Motioned by Commissioner Charles Cavell seconded by Commissioner Michael Gingell to adopt the attached
Lease: Airport Land Lease Addendum - Midfield Management, LLC.
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen Kowall, Angela Powell,
Thomas Kuhn, Chuck Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (17)
No: Christine Long, Philip Weipert (2)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
Land Lease Addendum FINAL5.24.22
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 June 23, 2022, 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, June 23, 2022.
Lisa Brown, Oakland County Clerk/Register of Deeds
OAKLAND COUNTY INTERNATIONAL AIRPORT
AIRPORT LAND LEASE ADDENDUM
THIS AIRPORT LAND LEASE ADDENDUM, effective July 1, 2022, is entered into by
and between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation,
("Lessor") and MIDFIELD MANAGEMENT, LLC, a Michigan Corporation ("Lessee").
WHEREAS Lessor and Lessee are Parties to a Land Lease dated April 11, 2013; an
Airport Land Lease Addendum dated March 12, 2015; an Airport Land Lease
Addendum dated May 1, 2017; and an Airport Land Lease Addendum dated August 1,
2019 (all collectively referred to as "Land Lease"); and
WHEREAS the real property leased to Lessee under the Land Lease is located at the
Oakland County International Airport in Waterford Township, Oakland County,
Michigan, and is described as follows:
PARCEL A, HANGAR NO. 1
Part of the Southwest '/4 of Section 17, Town 3 North, Range 9 East, Waterford
Township, Oakland County, Michigan, described as: Beginning at a point located
distant North 20 7' 38" West, 846.80 feet along the North -South section line, and
South 870 28' 03" West 271.29 feet (to ACP. No. 37) and South 880 37' 30" West
449.13 feet from the South '/4 corner of said Section 17; thence from said point of
beginning South 870 27' 44" West 257.00-feet; thence North 20 31' 25" West 538.61
feet; thence North 87' 27' 44" East 257.00 feet; thence South 2° 31' 25" East 538.61
feet to the point of beginning. Containing 138,423 sq. ft. or 3.178 acres, more or
less (hereinafter referred to as "Parcel A").
Re: 6540 Highland
Tax Item No.'s: Part of 13-17-400-003 as to land, and 13-17-603-003 as to Hangar
No.1 located on Parcel A.
PARCEL B, HANGAR NO. 2
Part of the Southwest '/4 of Section 17, Town 3 North, Range 9 East, Waterford
Township, Oakland County, Michigan, also parts of Lots 14 through 19, Elwood
Farms No. 1, according to the plat thereof as recorded in Liber 60 of Plats, page 24,
Oakland County Records, described as: Beginning at a point located distant North
02' 07' 38" West 846.80 feet along the North -South section line, and South 87C 28'
03" West 271.29 feet (to ACP No. 37) and South 88' 37' 30" West 449.13 feet and
South 870 27' 44" West 257.00 feet from the South '/4 corner of said Section 17;
thence continuing from said point South 870 27' 44" West 228.10 feet; thence North
020 29' 59" West 118.40 feet; thence South 870 30' 01 second West 88.36 feet;
thence North 2° 31' 25" West 596.64 feet; thence North 870 16' 55" East 152.59 feet;
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thence South 040 01 minute 23" East 47.12 feet; thence North 870 07' 35" East
67.03 feet; thence South 16' 00' 41" West 100.89 feet; thence North 87' 30' 01
second East 127.63 feet; thence South 02' 31' 25" East 573.13 feet to the point of
beginning. Containing 197,603 sq. ft. or 4.536 acres, more or less (hereinafter
referred as "Parcel B").
PARCEL C, HANGAR NO. 3
Part of the Southwest '/< of Section 17, Town 3 North, Range 9 East, Waterford
Township, Oakland County, Michigan, also parts of Lots 14 through 19, Elwood
Farms No. 1, according to the plat thereof as recorded in Liber 60 of Plats, page 24,
Oakland County Records, described as: Beginning at a point located distant North
02' 07' 38" West 846.80 feet along the North -South section line, and South 870 28'
03" West 271.29 feet (to ACP No. 37) and South 880 37' 30" West 449.13 feet and
South 87' 27' 44" West 257.00 feet and South 87' 27' 44" West 228.10 feet and
North 02' 29' 59" West 118.40 feet and South 87' 30' 01 second West 88.36 feet
from the South '% corner of said Section 17; thence continuing South 87' 30' 01
second West 13.48 feet; thence South 02' 29' 59" East 30.00 feet; thence South 870
30' 01 second West 33.08 feet; thence South 02' 29' 59" East 59.40 feet; thence
South 87' 30' 01" West 256.92 feet; thence North 020 29' 59" West 544.56 feet;
thence North 870 30' 01 second East 152.05 feet; thence North 20 29' 59" West
140.90 feet; thence North 87' 16' 55" East 151.18 feet; thence South 020 31' 25"
East 596.64 feet to the point of beginning. Containing 183,397 sq. ft. or 4.210 acres,
more or less (hereinafter referred to as "Parcel C").
PARCEL D, HANGAR NO. 4
Part of the East ''/z of the Southwest''% of Section 17, Town 3 North, Range 9 East,
Waterford, Oakland County, Michigan, also part of Lots 15 through 19, inclusive,
Elwood Farms Subdivision No. 1, as recorded in Liber 60, Page 24 of Plats,
Oakland County Records, all described as beginning at a point located distant North
02' 07' 38" West 846.80 feet along the North -South section line, and South 870 28'
03" West 271.29 feet (to ACP No. 37) and South 88' 37' 30" West 449.13 feet and
South 87' 27' 44" West 257.00 feet and South 870 27' 44" West 228.10 feet and
North 020 29' 59" West 118.40 feet and South 870 30' 01 second West 101.84 feet
and South 02' 29' 59" East 30.00 feet and South 87' 30' 01 second West 33.08 feet
and South 02° 29' 59" East 59.40 feet and South 870 30' 01" West 256.92 feet North
02' 29' 59" West 94.75 feet from the South '% corner of said Section 17; thence
South 87' 30' 01" West 162.73 feet; thence North 020 28' 29" West 199.15 feet;
thence North 870 30' 01 second East 25.00 feet; thence North 020 28' 29" West
250.66 feet; thence North 87' 30' 01" East 137.53 feet; thence South 02' 29 minute
59" East 449.81 feet to the point of beginning. Containing 66,887 square feet or
1.536 acres, more or less (hereinafter referred as "Parcel D).
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WHEREAS the Parties desire to amend the Land Lease to include additional real property,
described below, and to extend the term.
NOW THEREFORE the Land Lease will be amended as follows:
1. Additional Real Property to be Leased. The property description in Paragraph 1 a)
of the Land Lease is amended to include the additional described real property:
PARCEL E, HANGAR NO. 5
Part of the Southwest 114 of Section 17, T.03N., R.09E., Waterford Township,
Oakland County, Michigan, described as: Beginning at a point located distant N 02'
17' 54" W, 959.82 ft., along the West line of Section 17, and N 870 14' 26" E, 480.00
ft., and N 74°26' 11" E, 163.74 ft. from the Southwest corner of said Section 17;
thence from said point of beginning N 02' 31' 59" W, 430.19 ft.; thence N 870 30' 01"
E, 287.49 ft.; thence S 02' 28' 27" E, 250.66 ft.; thence S 870 30' 03" W, 25.00 ft.;
thence S 02' 28' 27" E, 199.15 ft.; thence N 87' 30' 03" E, 162.73 ft.; thence S02°
29' 59" E, 94.75 ft.; thence S 87' 30' 01" W, 165.93 ft.; thence N 680 39' 40" W,
282.98 ft. to the point of beginning. Containing 149,678.67 Sq. Ft., 3.44 Acres
(hereinafter referred to as "Parcel E").
2. The real property leased to Lessee from Lessor now is a total of 735,988.67 sq. ft.
or 16.9 acres for Parcels A, B, C, D, and E. Exhibit A to this Addendum contains a
depiction and description of Parcels A, B, C, D, and E. Exhibit A is incorporated
herein.
3. Rent Amount. Paragraph 5 of the Land Lease is amended to state: Lessee
shall pay the Lessor for the leased real property (735,988.67 sq. ft. or 16.9 acres
for Parcels A, B, C, D, and E) at a rate of twenty-nine (29) cents per square foot
annually, or a flat rate of $213,436.71 annually, or payable in twelve (12) equal
installments of$17,786.39 permonth, and payable on the first of each and every
month during the time that this lease is in operation.
4. Term. The term of the Land Lease is extended and will expire on June 30, 2042.
Construction of New Hangar on Parcel E. Lessee, at its sole cost, shall construct
a new hangar of approximately twenty-eight thousand five hundred (28,500) square
feet on Parcel E within two (2) years from the date this Addendum is fully executed.
The hangar and its plans shall be approved by the Airport Committee, prior to
construction of the hangar and within (1) year from the date this Addendum is fully
executed. Within one (1) year from the date this Addendum is fully executed Lessee
shall receive the following for the hangar to be constructed on Parcel E: (a)
Environmental Review submitted to the Michigan Department of Transportation
(MDOT), (b) Airspace Approval for buildings/lights/towers and temporary cranes by
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MDOT/FAA, (c) Contractor safety phasing plan to MDOT/FAA (if construction is
insideAOA), (d) Building & Site permitting/approvals, and (e) Design/bidding of the
hangar.
6. Removal of Existina Hanaar and Construction of New Hangar on Parcel D.
Lessee, at its sole cost, shall remove the existing hangar on Parcel D and shall
construct a new hangar of approximately twenty-eight thousand five hundred
(28,500) square feet on Parcel D within four (4) years from the date this Addendum
is fully executed. The hangar and its plans shall be approved by the Airport
Committee, prior to construction of the hangar. Within three (3) years from the date
this Addendum is fully executed Lessee shall receive the following for the hangar to
be constructed on Parcel D: (a) Environmental Review submitted to the Michigan
Department of Transportation (MDOT), (b) Airspace Approval for
buildings/lights/towers and temporary cranes by MDOT/FAA, (c) Contractor safety
phasing plan to MDOT/FAA (if construction is inside AOA), (d) Building & Site
permitting/approvals, and (e) Design/bidding of the hangar.
7. Airport Minimum Standards. The Airport Manager shall continue to enforce the
Airport Minimum Standard as required therein and as required by law.
8. Modifications. Except as expressly modified and amended herein, the Land Lease
shall remain in full force and effect.
9. Counterparts. This Addendum may be executed in one or more counterparts,
including facsimile and electronic copies, each of which shall be deemed an original,
but all of which shall together constitute one instrument.
10. Entire Agreement. This Addendum and the Land Lease set forth all covenants,
promises, agreements, conditions, and understandings between the Parties
concerning the lease of and use of Parcel A, B, C, D, and E and there are no
covenants, promises, agreements, conditions, or understandings, either oral or
written, between the Parties other than are herein set forth.
11.Authorization. The Parties represent that their respective signatories have the
requisite authority to execute and bind them to the duties and responsibilities
contained herein.
COUNTY OF OAKLAND, Lessor
David T. Woodward, Chairperson
Oakland County Board of Commissioners
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MIDFIELD MANAGEMENT, LLC, Lessee
Name:
Title: