HomeMy WebLinkAboutResolutions - 2023.04.20 - 38128
AGENDA ITEM: Airport Land Lease Addendum - JDS Pump-N-Go LLC
DEPARTMENT: Economic Development - Aviation and Transportation
MEETING: Board of Commissioners
DATE: Thursday, April 20, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-2719 _ 23-67
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Lease Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
Addendum to existing Airport Land Lease with JDS Pump-N-Go LLC, at Oakland/Troy Airport to
provide First Offer to Lease Property which is adjacent to the property in their Land Lease dated
April 1, 2023.
POLICY ANALYSIS
This is a request for approval of a lease addendum to the Land Lease agreement with JDS Pump-
N-Go LLC that was approved by MR#23035. After executing the Land Lease, both parties agreed
the County would grant JDS Pump-N-Go LLC a right of first offer to lease property adjacent to the
property in the Land Lease. There are no additional fees that apply by adding the terms of this
Addendum. The Airport Committee has reviewed and agreed to the terms of the Land Lease
Addendum. On approval of the Board, the Chair or his designee is authorized to execute the
Addendum and any other related documents. A budget amendment is not required.
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, Board of Commissioners Created/Initiated - 4/20/2023
David Woodward, Board of Commissioners Approved - 4/20/2023
Hilarie Chambers, Executive's Office Approved - 4/24/2023
Lisa Brown, Clerk/Register of Deeds Final Approval - 4/24/2023
AGENDA DEADLINE: 04/20/2023 6:00 PM
ATTACHMENTS
1. LEASE AMENDMENT.FROR.PARCEL B.2023
COMMITTEE TRACKING
2023-04-12 Economic Development & Infrastructure - Recommend to Board
2023-04-20 Full Board - Adopt
Motioned by: Commissioner Robert Hoffman
Seconded by: Commissioner Michael Gingell
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Marcia Gershenson, Janet Jackson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray, Gwen Markham, Angela Powell (3)
Passed
April 20, 2023
RESOLUTION #2023-2719 _ 23-67
Sponsored By: Yolanda Smith Charles
Economic Development - Aviation and Transportation - Airport Land Lease Addendum - JDS
Pump-N-Go LLC
Chair and Members of the Board:
WHEREAS the Department of Economic Development/Airport & Aviation Division entered into a Land
Lease Agreement with JDS Pump-N-Go LLC on April 1, 2023 for property located 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 subsequent to executing the Land Lease, both parties agreed the County would grant
JDS Pump-N-Go LLC a right of first offer to lease property adjacent to the property in the Land Lease;
and
WHEREAS consideration for this Lease Addendum was given in the Land Lease, and no further
consideration is required under this Lease Addendum. In all other respects, the Land Lease shall
remain in full force and effect; and
WHEREAS the Airport Committee has reviewed and agreed to the terms of the 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 Land Lease Addendum with JDS
Pump-N-Go LLC.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its
Chairperson or his designee to execute the attached Land Lease Addendum and all other related
documents between the County and JDS Pump-N-Go LLC.
BE IT FURTHER RESOLVED that no budget amendment is required at this time.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith
Charles.
Date: April 20, 2023
David Woodward, Commissioner
Date: April 24, 2023
Hilarie Chambers, Deputy County Executive II
Date: April 24, 2023
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2023-04-12 Economic Development & Infrastructure - Recommend to Board
2023-04-20 Full Board - Adopt
Motioned by Commissioner Robert Hoffman seconded by Commissioner Michael Gingell to adopt the
attached Lease: Airport Land Lease Addendum - JDS Pump-N-Go LLC.
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson,
Christine Long, Robert Hoffman, Philip Weipert, Marcia Gershenson, Janet Jackson, William Miller
III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray, Gwen Markham, Angela Powell (3)
Passed
ATTACHMENTS
1. LEASE AMENDMENT.FROR.PARCEL B.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 April
20, 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, April 20, 2023.
Lisa Brown, Oakland County Clerk / Register of Deeds
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OAKLAND/TROY AIRPORT
AIRPORT LAND LEASE ADDENDUM
THIS AIRPORT LAND LEASE ADDENDUM, effective April 1, 2023, is entered into by
and between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation,
hereinafter called the LESSOR, and JDS PUMP-N-GO LLC, a Michigan Corporation,
hereinafter called the LESSEE, collectively referred to as the “Parties”.
WHEREAS Lessor and Lessee are parties to a Land Lease dated April 1, 2023; and
WHEREAS the Land Lease is for property located on the Oakland/Troy Airport (OTA)
located in Troy, Michigan, and described as follows:
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.
WHEREAS as part of the above transaction, the Parties agreed that Lessor would grant
Lessee a right of first offer to lease property adjacent to the property subject to the Land
Lease; and
WHEREAS the right of first offer was not included in the Land Lease; and
WHEREAS the property that is to be subject to the right of first offer, (the “Premises”) is
located on the Oakland/Troy Airport (OTA) located in Troy, Michigan, and described as
follows:
LEASE DESCRIPTION: PARCEL "B" for Troy Airport
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 a point located distant North 647.98 feet along the West line of
Section 32 from the West 1/4 corner of said Section 32, and 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
and N 72° 19' 16" W, 175.57 feet and N 88° 09' 06' W, 218.50 feet from the West
1/4 corner of said Section 32, thence from said POINT OF BEGINNING N 01° 50'
2
57" E, 259.00 ft.; thence N 88° 09' 06" W, 195.56 ft.; thence S 01° 52' 49" W,
259.00 ft.; thence S 88° 09” 06” E, 195.70 feet to the point of beginning.
Containing 50,668.37 sq. ft. sq. ft. more or less. The Property is further depicted in
Exhibit A to this Land Lease Addendum and is fully incorporated herein.
WHEREAS the consideration for this Lease Addendum was given in the transaction
referenced above, and no further or additional consideration is required under this Lease
Addendum. Lessor agrees that it has received good and valuable consideration for the
grant of the right of first offer.
In consideration of the above, and the promises and provisions set forth in this Lease
Addendum, the Land Lease is amended to read as follows:
1. If, during the term of this Agreement, Lessor desires to lease the Premises, Lessor
will first notify Lessee in writing of that desire (the Notice). The Notice must include
Rent Amount and other terms desired by Lessor. The Notice will not be an offer to
lease but only an invitation for the Lessee to lease the Premises.
2. Lessee must respond within 7 days after delivery of the Notice whether Lessee is
interested in leasing the Premises from Lessor. If Lessee does not respond within
the required time, such failure to respond shall be treated as a rejection of said
offer, and the right of first offer shall terminate and be of no further force or effect.
3. If Lessee expresses interest in leasing the Premises, Lessor and Lessee will,
during the period that ends 90 days after Lessor has delivered the Notice (the Offer
Period), attempt in good faith to negotiate a lease for the Premises.
4. If Lessor and Lessee do not execute and deliver to each other a written lease
agreement for the Premises within the Offer Period, Lessor will be free to market
the Premises to third parties.
3
IN ALL OTHER RESPECTS, the Land Lease shall remain in full force and effect.
IN WITNESS WHEREOF this Addendum is executed on the date hereunder indicated.
LESSOR:
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation,
David T. Woodward, Chairperson
Oakland County Board of Commissioners
LESSEE:
JDS PUMP-N-GO, LLC, a Michigan
limited liability company,
By: Stephan Mazur