HomeMy WebLinkAboutResolutions - 2024.06.13 - 41286
AGENDA ITEM: Oakland County International Airport (OCIA) Airport Land Lease with the Charter
Township of Waterford
DEPARTMENT: Economic Development - Aviation and Transportation
MEETING: Board of Commissioners
DATE: Thursday, June 13, 2024 9:30 AM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-4096 _ 24-46
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Lease Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
This is renewal of a land lease between the County and Waterford Township due to expire April 30,
2024. The new lease will be for a one-year term only - effective May 1, 2024 through June 30,
2025. Remuneration is $1/yr. The property is used for the public use of a children's soccer playing
field.
POLICY ANALYSIS
This is a request to continue leasing property to the Charter Township of Waterford for the purposes
of a soccer field. The soccer field is situated in a Runway Protection Zone in the approach of the
runways at Oakland County International Airport. The term of the lease is for one year and 2
months and will be the final year the township is able to lease the property. Due to modified FAA
standards, a soccer field is now a non-compliant use of the land due to gathering crowds. The one-
year lease will allow time to develop a transition plan and for the township to relocate the fields.
The previous lease was a five-year lease approved with MR #19084. The Township has been
leasing this land since 1998. There is no change in the annual lease rate of $1.
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
Aaron Snover, Board of Commissioners Created/Initiated - 6/13/2024
David Woodward, Board of Commissioners Approved - 6/13/2024
Hilarie Chambers, Executive's Office Approved - 6/13/2024
Lisa Brown, Clerk/Register of Deeds Final Approval - 6/17/2024
AGENDA DEADLINE: 06/13/2024 9:30 AM
ATTACHMENTS
1. SOCCER FIELD.LAND LEASE WITH WATERFORD TOWNSHIP.v2.2024
COMMITTEE TRACKING
2024-06-05 Economic Development & Infrastructure - Recommend to Board
2024-06-13 Full Board - Adopt
Motioned by: Commissioner Linnie Taylor
Seconded by: Commissioner Philip Weipert
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Christine
Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann
Erickson Gault, Linnie Taylor (18)
No: None (0)
Abstain: None (0)
Absent: Kristen Nelson (1)
Passed
June 13, 2024
RESOLUTION #2024-4096 _ 24-46
Sponsored By: Yolanda Smith Charles
Economic Development - Aviation and Transportation - Oakland County International Airport
(OCIA) Airport Land Lease with the Charter Township of Waterford
Chair and Members of the Board:
WHEREAS the Aviation Division has agreed to enter into a new Land Lease with the Charter
Township of Waterford for the continued use of airport property for the purpose of maintaining a
soccer field; and
WHEREAS the Land Lease will have a term of one year from May 1, 2024 to June 30, 2025, with
annual rent of $1.00; and
WHEREAS the Airport Committee and the County's Office of Corporation Counsel have 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 Airport Land Lease with the Charter
Township of Waterford for property at the Oakland County International Airport for the term May 1,
2024 through June 30, 2025.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chair or
their designee to execute the attached Land Lease and all other related documents between the
County and the Township of Waterford.
BE IT FURTHER RESOLVED that a budget amendment is not required as the revenue is included in
the FY-2024 - FY 2025 Airport Fund (#56500) budget.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith
Charles.
Date: June 13, 2024
David Woodward, Commissioner
Date: June 13, 2024
Hilarie Chambers, Deputy County Executive II
Date: June 17, 2024
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2024-06-05 Economic Development & Infrastructure - Recommend to Board
2024-06-13 Full Board - Adopt
Motioned by Commissioner Linnie Taylor seconded by Commissioner Philip Weipert to adopt the
attached Lease: Oakland County International Airport (OCIA) Airport Land Lease with the Charter
Township of Waterford.
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Christine Long,
Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William
Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson
Gault, Linnie Taylor (18)
No: None (0)
Abstain: None (0)
Absent: Kristen Nelson (1)
Passed
ATTACHMENTS
1. SOCCER FIELD.LAND LEASE WITH WATERFORD TOWNSHIP.v2.2024
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
13, 2024, 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 13, 2024.
Lisa Brown, Oakland County Clerk / Register of Deeds
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OAKLAND COUNTY INTERNATIONAL AIRPORT
AIRPORT LAND LEASE
THIS LEASE, to be effective May 1, 2024, is made by and between the COUNTY
OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called the COUNTY and
THE CHARTER TOWNSHIP OF WATERFORD, hereinafter called the LESSEE:
WHEREAS the County owns and operates the Oakland County International Airport
(OCIA) in Waterford Township 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 one year (1), commencing May 1, 2024
and expiring June 30, 2025, the following real property located east of the OCIA,
Waterford Township, Oakland County, Michigan (hereinafter referred to as “Property”):
PART OF THE SOUTHWEST 1/4, SECTION 16, T. 03 N., R. 09 E., WATERFORD
TOWNSHIP, OAKLAND COUNTY, MICHIGAN, DESCRIBED AS: THE WEST
631.00 FT. OF THE EAST 1005.00 FT. OF THE NORTH 1/2 OF THE SOUTHWEST
1/4 OF SECTION 16. CONTAINING 839,737.52 SQUARE FEET OR 19.28 ACRES
MORE OR LESS. 13-16-326-005 (Pt. of)
1b) Rent Amount. The Lessee agrees to pay the County a flat rate of $1.00
annually. Rent payments shall be made out to the “County of Oakland” and shall be sent to
or made at the OCIA, 6500 Patterson Parkway, Waterford, Michigan 48327-1649.
2a) Use of Property. The Lessee hereby agrees to use the Property only for the
purpose of and use incidental to the maintenance of soccer fields.
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 Township of
Waterford, 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 OCIA rules and regulations in effect and as
amended. The OCIA rules and regulations 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 prior
written permission of the Airport Committee.
4)Disruption/Obstruction of OCIA Business. The Lessee’s use of the
Property shall not disrupt, obstruct, or inconvenience, in any manner, the business or
operations at the OCIA.
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
ninety (90) days from the expiration, remove and dispose of all 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 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 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 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,
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and restoration shall be paid by the Lessee. If Lessee does not remove and restore the
Property within the six (month) period, then the 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 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 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,
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and conduits). The Airport Manager shall approve, in writing, all improvements to the
Property, prior to construction. The Lessee acknowledges that it had the opportunity to
inspect the Property and leases it “AS IS.”
10)Condition of Property. The Lessee, at its sole cost, shall keep the 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 OCIA. 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 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.
11)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.
12)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.
13)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 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.
14)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
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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.
15)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.
16)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 OCIA, 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 OCIA.
17)Development/Improvement of OCIA. The County reserves the rights to
further develop or improve the OCIA, including the landing field or other areas of the OCIA
as it sees fit, regardless of the desires or views of the Lessee and without interference or
hindrance from the Lessee.
18)Protection of OCIA. 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 OCIA against obstruction, together with the right to prevent the Lessee from erecting
or permitting to be erected any building or other structure on the OCIA, which in the opinion
of the Airport Manager would limit the usefulness of the OCIA or constitute a hazard to
aircraft.
19)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.
20)Successors. The covenants, conditions and agreements in this Lease shall
be binding on the parties’ heirs, personal representatives, administrators, executors,
successors and assigns.
21)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.
Page 6 of 8
22)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.
23)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:
Charter Township of Waterford
5200 Civic Center Drive
Waterford, MI 48329-3773
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 Highland Road
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.
24)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.
25)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.
26)Amendments. This Lease cannot be amended or modified, unless reduced
to writing and signed by both parties.
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27)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.
28)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.
29)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
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.
30)Survival. Sections 2d, 5a, 5b, 7, and 8 shall survive the expiration or
termination of this Lease.
31)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.
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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
CHARTER TOWNSHIP OF
WATERFORD
WITNESSES:
_____________________________
Gary Wall, Supervisor
Charter Township of Waterford