HomeMy WebLinkAboutResolutions - 2023.03.02 - 38021
AGENDA ITEM: JDS Pump-N-Go, LLC Land Lease - Oakland/Troy Airport
DEPARTMENT: Economic Development - Aviation and Transportation
MEETING: Board of Commissioners
DATE: Thursday, March 2, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-2562 _ 23-35
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Lease Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
JDS Pump-N-Go, LLC is an established aviation fuel and service company based at Oakland/Troy
Airport in good standing. This land lease will provide an additional 20-year term, with standard
terms and conditions, to allow for continuation of their business interests at the Airport.
POLICY ANALYSIS
This is a request to approve the continuation of the land lease with JDS Pump-N-Go, LLC for the
Oakland/Troy Airport. The lease is for 20 years beginning on April 1, 2023, and expiring on March
31, 2043. The property is for commercial use for the sale, servicing, and storage of aircraft, and
other uses if authorized by resolution of the Airport Committee.
The rent rate is $19,813.50 annually (66,045 sq. ft. @ .30 sq. ft.), or $1,651.13 monthly. The first
three months’ rent ($4,953.39) is required upon the execution of the lease, with $2,970.06 to be held
in reserve by the County. An additional payment of $1,983.33 will be retained by the County as a
guaranty fund to be applied to the rent of the last three-month term. The County reserves the right to
change the rent amount every two (2) years, first computation to be made from the date the lease is
commenced. Also, JDS is responsible for the snow and ice removal, maintenance; repair of any
improvements on the property; maintenance of the grounds, turf, and landscaping; and any taxes
(real or personal) and any special assessments, which are levied due to the lease or JDS’s
operations at the property. The Lease can be terminated as outlined in 5b of the agreement. The
insurance requirements are outlined in the Minimum Standards policy and referenced in the Rules &
Regulations that are provided to lessee for compliance and confirmed prior to signing.
Corporation Counsel has reviewed and approved the Lease. On final approval, the Board Chair is
authorized to execute the Lease and all other related documents. A budget amendment is not
required as the revenue is already reflected in the FY 2023 Airport Fund (#56500) budget.*Previous
MR #16285, terms 4/1/03 – 3/31/23
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Cheryl Bush, Manager Aviation & Transportation
ITEM REVIEW TRACKING
Yolanda Smith Charles, Created/Initiated - 3/2/2023
David Woodward, Board of Commissioners Approved - 3/2/2023
Hilarie Chambers, Executive's Office Approved - 3/6/2023
Lisa Brown, Clerk/Register of Deeds Final Approval - 3/6/2023
AGENDA DEADLINE: 03/02/2023 6:00 PM
ATTACHMENTS
1. 2023.JDS land lease
2. JDS Pump-N-Go JDS Pump Exhibit A.2023
COMMITTEE TRACKING
2023-02-22 Economic Development & Infrastructure - Recommend to Board
2023-03-02 Full Board - Adopt
Motioned by: Commissioner Penny Luebs
Seconded by: Commissioner Karen Joliat
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Christine
Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Janet Jackson, Gary
McGillivray, William Miller III, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Marcia Gershenson, Kristen Nelson, Yolanda Smith Charles (3)
Passed
March 2, 2023
RESOLUTION #2023-2562 _ 23-35
Sponsored By: Yolanda Smith Charles
Economic Development - Aviation and Transportation - JDS Pump-N-Go, LLC Land Lease -
Oakland/Troy Airport
Chair and Members of the Board:
WHEREAS the Department of Economic Development/Airport & Aviation Division is entering into a
land lease agreement with JDS Pump-N-Go, LLC at the Oakland/Troy Airport; and
WHEREAS the County of Oakland ("the County") owns the Oakland/Troy Airport located in the City of
Troy; 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 negotiated the attached Land Lease with JDS Pump-N-Go,
LLC; and
WHEREAS the Land Lease will have a term of twenty years from April 1, 2023, to March 31, 2043,
with annual rent fixed for the first two years at $19,813.50; and
WHEREAS the County reserves the right to change the rental payments each and every 2 years, as
set forth in the Land Lease, with the first computation to be made from the date of this Land Lease;
and
WHEREAS the Airport Committee has 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 with JDS Pump-N-Go,
LLC.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chair or
his designee to execute the attached Land Lease and all other related documents between the
County and JDS-Pump-N-Go, LLC.
BE IT FURTHER RESOLVED that a budget amendment is not required as the revenue is already
reflected in the FY 2023 Airport Fund (#56500) budget.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith
Charles.
Date: March 02, 2023
David Woodward, Commissioner
Date: March 06, 2023
Hilarie Chambers, Deputy County Executive II
Date: March 06, 2023
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2023-02-22 Economic Development & Infrastructure - Recommend to Board
2023-03-02 Full Board - Adopt
Motioned by Commissioner Penny Luebs seconded by Commissioner Karen Joliat to adopt the
attached Lease: JDS Pump-N-Go, LLC Land Lease - Oakland/Troy Airport.
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Christine Long,
Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Janet Jackson, Gary McGillivray,
William Miller III, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Marcia Gershenson, Kristen Nelson, Yolanda Smith Charles (3)
Passed
ATTACHMENTS
1. 2023.JDS land lease
2. JDS Pump-N-Go JDS Pump Exhibit A.2023
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 March
2, 2023, 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, March 2, 2023.
Lisa Brown, Oakland County Clerk / Register of Deeds
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OAKLAND/TROY AIRPORT
AIRPORT LAND LEASE
THIS LEASE, to be effective the April 1, 2023 is made by and between the
COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called the
COUNTY and JDS PUMP-N-GO LLC, hereinafter called the LESSEE:
WHEREAS the County owns and operates the Oakland/Troy Airport (OTA)
located in Troy, Michigan, and has real property available which can be leased to the
Lessee upon the terms and conditions set forth herein; and
WHEREAS the Lessee is desirous of leasing the real property described below
according to the terms and conditions set forth herein.
NOW THEREFORE THIS AGREEMENT WITNESSETH:
1a)Description of Leased Property. The County leases to the Lessee and
the Lessee leases from the County for a period of twenty years (20), commencing April
1, 2023 and expiring March 31, 2043, the following real property located on the OTA,
Troy, Oakland County, Michigan (hereinafter referred to as “Property”):
PARCEL A: A parcel of land being part of the South 1/2 of the Northwest 1/4 of
Section 32, T.2N., R.11E., City of Troy, Oakland County , Michigan, described
as: Commencing at the West 1/4 corner of said Section 32; thence due North
along the West section line, 647.98 feet; thence S 88° 10' 50" E, 1521.82 feet;
along the North line of "Birmingham Airport Subdivision No. 1", City of Troy,
Oakland County, Michigan, as recorded in Liber 112 of Plats, Page 38, Oakland
County Records, to the Northeast corner of Lot 14 of said subdivision thence N
72° 19' 16" W, 175.57 feet to the Point of Beginning; thence from said Point of
Beginning N 1° 50' 57" E, 259.00 feet; thence N 88° 09' 06" W, 255.00 feet;
thence S 1° 50' 57" W, 259.00 feet; thence S 88° 09' 06" E, 255.00 feet to the
Point of Beginning. Containing 66,045 square feet. The Property is further
depicted in Exhibit A to this Lease, which is fully incorporated herein.
1b)Rent Amount. Except as otherwise modified herein, as rent for the
Property, the Lessee shall pay the County a rate of $0.30 per square foot annually,
which equals a flat rate of $19,813.50 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 $1,651.13 per month on the first of
each and every month while this Lease is in effect. Rental payments will be computed
from April 1, 2023. A late charge of one percent (1%) per month on the unpaid balance
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shall be applied to payments made after the 20th of each month and shall be
cumulative. Rent payments shall be payable to the “County of Oakland” and shall be
sent to or made at the Oakland County International Airport, 6500 Patterson Parkway,
Waterford, Michigan 48327.
1c)Deposit. Three (3) months rent, namely $4,953.39 is required upon the
execution of this lease, of which $2,970.06 is currently held in reserve by the County,
and an additional payment of $1,983.33 shall be retained by the County as a guaranty
fund to be applied upon the rent of the last three (3) months of said term.
1d)Lease Renewal. The Lessee shall have the right to renew this Lease at
the expiration thereof upon such terms and conditions as shall be agreed upon between
the parties.
1e)Rent Increases. The County reserves the right to change the rent
amount provided under this Lease each and 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 in effect at the Oakland County Airports 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 for commercial
use incidental to the sale, servicing, and storage of aircraft, provided that other uses of
the Property may be authorized by resolution of the Airport Committee.
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 City of Troy,
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; MCL 299.701, et seq.; 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. The Lessee shall also comply with the Oakland County Airport
rules and regulations in effect and as amended and as such are incorporated into this
Lease.
2c)Reservation of Rights. This Lease does not and is not intended to
impair, divest, or contravene any constitutional, statutory, and /or other legal right,
privilege, power, obligation, duty, or immunity of the County.
3)Assignment and Subleasing. The Lessee shall not sublease, assign,
delegate, or transfer, in any manner, any rights or interests in this Lease without the
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prior written permission of the Airport Committee.
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4)Disruption/Obstruction of OTA Business. The Lessee’s use of the
Property shall not disrupt, obstruct, or inconvenience, in any manner, the business or
operations at the OTA.
5a)Removal of Lessee Improvements Upon 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 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
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regulations.
6)Quiet Enjoyment. Upon performance of its obligations under this 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)Damage 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 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 OTA. In conjunction with other tenants and
patrons at the OTA, the Lessee has the right to use common areas of the OTA,
including, but not limited to, the landing field, runways, apron to runways, taxi ways, and
parking facilities according to the rules and regulations of Oakland County Airports or
the rules and regulations of another governmental entity, e.g., the State or Federal
Government.
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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)Landing Fees. Lessee and any aircraft based in its hangar shall not be
required to pay landing fees at the OTA. However, the Airport Committee reserves the
right to create and adopt a policy to charge all tenants and aircraft based at the OTA
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
OTA, then this Section (Section 12—Landing Fees) of the Lease is void and shall be
deemed severed from the Lease.
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 OTA. 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 Property. 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 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
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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.
Page 8 of 12
17)Failure to Make Payments 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)Bankruptcy/Judgements 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)Operation of Commercial Business. If the Lessee operates a
commercial business on the Property the following four sections apply, Nos. 20, 21, 22,
and 23.
20)Level of Service. The Lessee shall furnish good, prompt and efficient
service adequate to meet all demands for its service at the OTA.
21)No Discrimination. The Lessee agrees that 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.
22)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, the Property and improvements thereon.
23)Nondiscriminatory Pricing. 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.
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24)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 OTA,
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 OTA.
25)Development/Improvement of OTA. The County reserves the rights to
further develop or improve the OTA, including the landing field or other areas of the
OTA as it sees fit, regardless of the desires or views of the Lessee and without
interference or hindrance from the Lessee.
26)Protection of OTA. 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 OTA against obstruction, together with the right to prevent the
Lessee from erecting or permitting to be erected any building or other structure on the
OTA, which in the opinion of the Airport Manager would limit the usefulness of the OTA
or constitute a hazard to aircraft.
27)Remedies Not Exclusive. The County’s and the Lessee’s rights,
remedies, and benefits under this Lease are cumulative and shall not be exclusive of
any other rights remedies and benefits allowed by law or equity.
28)Successors. The covenants, conditions and agreements in this Lease
shall be binding on the parties’ heirs, personal representatives, administrators,
executors, successors and assigns.
29)Entire Agreement.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.
30)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.
31)Notices. All notices required by this Lease shall be sent to the Lessee at
the following address or to such other address as the Lessee may designate by written
notice:
JDS Pump-N-Go, LLC
764 Denison Court, Ste 100
Bloomfield Hills, MI 48302
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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.
32)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.
33)Governing 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 51st 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.
34)Amendments. This Lease cannot be amended or modified, unless
reduced to writing and signed by both parties.
35)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.
36)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 right, in its sole discretion, to determine which remedies are to be
exercised and in which order.
37)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
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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.
38)Survival. Sections 2c, 5a, 5b, 7, and 8 shall survive the expiration or
termination of this Lease.
39)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.
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
JDS PUMP-N-GO, LLC,
WITNESSES: LESSEE:
_____________________________
Stephan Mazur
Revised January 2023