HomeMy WebLinkAboutResolutions - 2024.10.24 - 41553
AGENDA ITEM: Airport Land Lease with Robert R. Redner at Oakland County International Airport
DEPARTMENT: Economic Development - Aviation and Transportation
MEETING: Board of Commissioners
DATE: Thursday, October 24, 2024 7:22 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-4573 _ 24-76
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Lease Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
Economic Development - Aviation and Transportation is entering into an Airport Land Lease with
Robert R. Redner. The Airport Land Lease will have a term of twenty (20) years from December 1,
2024 to November 30, 2044, with annual rent fixed for the first two years at $8,531.30. Under the
Airport Land Lease the County has the right to change the rental payments each and every two
years, as set forth in the Airport Land Lease.
The Airport Committee has reviewed and agreed to the terms of the Airport Land Lease. The
Department is required to submit the Airport Land Lease for approval by the Board of
Commissioners. The Airport Land Lease is required to be approved by the Board of Commissioners.
A budget amendment is not required as the revenue is already reflected in the FY 2025 Airport Fund
(#56500) budget.
POLICY ANALYSIS
The current lease with Rober R. Redner is a 20-year lease that started December 1, 2008 and
expires November 30, 2024. At the onset of the lease, the rate was $0.23 per square foot. The
current rate is $0.30 per square foot annually. However, the contract permits the County to change
the rent amount every 2 years and anticipates increasing the rate to $0.31 per square foot for
2025/26.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at
248.821.3065 or winterb@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 - 10/24/2024
David Woodward, Board of Commissioners Approved - 10/24/2024
Walt Herzig, Executive's Office Approved - 10/28/2024
Lisa Brown, Clerk/Register of Deeds Final Approval - 10/28/2024
AGENDA DEADLINE: 11/03/2024 7:22 PM
ATTACHMENTS
1. REDNER LEASE PACKET W. EXHIBIT A.2024
COMMITTEE TRACKING
2024-10-16 Economic Development & Infrastructure - Recommend to Board
2024-10-24 Full Board - Adopt
Motioned by: Commissioner Michael Gingell
Seconded by: Commissioner Penny Luebs
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, William
Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie
Taylor (17)
No: None (0)
Abstain: None (0)
Absent: Marcia Gershenson, Charles Cavell (2)
Passed
October 24, 2024
RESOLUTION #2024-4573 _ 24-76
Sponsored By: Yolanda Smith Charles
Economic Development - Aviation and Transportation - Airport Land Lease with Robert R.
Redner at Oakland County International Airport
Chair 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 Economic Development - Aviation and Transportation is entering into an Airport Land
Lease with Robert R. Redner.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the Airport Land Lease with Robert R. Redner for the term December 1, 2024 to November
30, 2044.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its Chair or
his designee to execute the attached Airport Land Lease and all other related documents between
the County and Robert R. Redner.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith
Charles.
Date: October 24, 2024
David Woodward, Commissioner
Date: October 28, 2024
Walt Herzig, Chief Deputy County Executive
Date: October 28, 2024
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2024-10-16 Economic Development & Infrastructure - Recommend to Board
2024-10-24 Full Board - Adopt
Motioned by Commissioner Michael Gingell seconded by Commissioner Penny Luebs to adopt the
attached Lease: Airport Land Lease with Robert R. Redner at Oakland County International Airport.
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson,
Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, William Miller III,
Yolanda Smith Charles, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor (17)
No: None (0)
Abstain: None (0)
Absent: Marcia Gershenson, Charles Cavell (2)
Passed
ATTACHMENTS
1. REDNER LEASE PACKET W. EXHIBIT A.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
October 24, 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, October 24, 2024.
Lisa Brown, Oakland County Clerk / Register of Deeds
Page 1 of 11
OAKLAND COUNTY INTERNATIONAL AIRPORT
LAND LEASE
THIS LEASE, to be effective the DECEMBER 1, 2024 is made by and between the
COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called the
COUNTY and ROBERT R. REDNER, a Michigan limited liability company, 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 County and the Lessee entered into a Land Lease dated November 20,
2008, and effective for a term commencing December 1, 2008 and expiring November 30,
2028, for the Lessee’s lease of the real property described below (the “Prior Lease”) and
the Lessee desires to continue its lease of such property according to the terms and
conditions set forth herein.
NOW THEREFORE THE PARTIES AGREE TO THE FOLLOWING TERMS:
1a) Description of Leased Property. The County leases to the Lessee and the
Lessee leases from the County for a period of twenty (20) years, commencing December
1, 2024 and expiring November 30, 2044, the following real property located on the OCIA,
Waterford Township, Oakland County, Michigan (hereinafter referred to as “Property”
located at 6280 North Service Drive, Waterford, Michigan):
Part of the Northeast 1/4 of Section 17, T3N, R9E, Waterford Township, Oakland
County, Michigan, described as follows: Beginning at the East 1/4 Section 17,
thence N 02˚17'54"W, 199.28 ft along the Section Line, thence S 87˚27'46"W,
1,354.24 ft to coordinate point #26 on the airport grid system, thence N 02˚32'34"W,
999.60 ft to Airport coordinate point #18; thence S 59˚27'46"W, 120.60 ft to the point
of beginning; thence S 87˚18'01"W, 130.62 ft; thence N 02˚42'37"W, 116.0 ft; thence
S 86˚34'01"E, 131.05 Ft; thence S 02˚53'29E, 102.0 ft. to the point of beginning.
Containing 14,218.83 square feet.
The Property is depicted on 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 $4,265.65 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
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the Lessee chooses to pay the rent on monthly basis, it shall be due and paid in twelve (12)
equal installments of $355.47 per month on the first of every month while this Lease is in
effect. Rental payments will be computed from December 1, 2024. A late charge of one
percent (1%) per month on the unpaid balance shall be applied to payments made after the
20th of each month and shall be cumulative. 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.
1c) Monies Paid under the Prior Lease. The County acknowledges receipt
from the Lessee of $1,353.84 under the Prior Lease, which the County shall retain as a
guaranty fund for any outstanding rent payments at the expiration or termination of this
Lease.
1d) Lease Renewal. If required by the Lessee’s lender(s) to secure financing as
evidenced in document(s) issued by such lender(s) to the County’s satisfaction and
delivered by the Lessee to the County prior to County’s execution of this Lease and upon
the exercise of any right granted under this Section, the Lessee shall have the right to
renew this Lease at the expiration of the initial period set forth in Section 1a) for an
additional twenty (20)-year period upon such terms and conditions as shall be agreed upon
between the parties set forth in an amendment to this Lease executed by the parties,
provided such terms and conditions and the provisions of this Section 1d) comply with all
applicable laws, ordinances, and rules and regulations of the Township of Waterford, the
County, the State of Michigan, the United States, any governmental agency, and the OCIA
as may be restated, replaced, supplemented, or otherwise amended, including, but not
limited to, any grant assurances governed by the Federal Aviation Administration. To
exercise such right to renew, Lessee must deliver to the County a written notice of such
exercise and the documentation evidencing the lending requirements described above not
less than six (6) months prior to the expiration of the initial period set forth in Section 1a).
1e) Rent Increases. The County reserves the right to change the rent amount
provided under this Lease 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 OCIA 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.
1f) Prior Lease. Notwithstanding the expiration of the term under the Prior
Lease, the Lessee shall remain liable to the County for any obligations which have accrued
under the Prior Lease prior to its expiration and nothing set forth in this Agreement releases
the Lessee from the terms under the Prior Lease or claims, known or unknown, arising
therefrom.
Page 3 of 11
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 prior written permission 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 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; 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, as, in each instance,
may be restated, replaced, supplemented, or otherwise amended. The Lessee shall also
comply with the OCIA rules and regulations in effect and as restated, replaced,
supplemented, or otherwise 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 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.
Page 4 of 11
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 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
Page 5 of 11
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 not 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 OCIA. In conjunction with other tenants and
patrons at the OCIA, the Lessee has the right to use common areas of the OCIA, including,
but not limited to, the landing field, runways, apron to runways, taxi ways, service drives for
access to public road(s), and parking facilities according to the rules and regulations of
OCIA or the rules and regulations of another governmental entity, e.g., the State or Federal
Government.
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 OCIA. However, the Airport Committee reserves the
right to create and adopt a policy to charge all tenants and aircraft based at the OCIA
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 OCIA, then
this Section (Section 12—Landing Fees) shall have no effect and shall be deemed severed
from the Lease on the date such policy is adopted.
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 OCIA.
Page 6 of 11
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 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.
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) Level of Service. The Lessee shall furnish good, prompt and efficient
service adequate to meet all demands for its service at the OCIA.
Page 7 of 11
20) No Discrimination. The Lessee agrees, 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.
21) Breach of Nondiscrimination 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
and under this Agreement, the Property and improvements thereon.
22) 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.
23) 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.
24) 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.
25) 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.
Page 8 of 11
26) 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.
27) Successors. The covenants, conditions and agreements in this Lease shall
be binding on the parties’ heirs, personal representatives, administrators, executors,
successors and assigns.
28) 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.
29) 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.
30) 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:
Robert R. Redner
4761 Linwood
West Bloomfield, MI 48324
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.
31) 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.
32) 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
Page 9 of 11
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.
33) Amendments. This Lease cannot be amended or modified, unless reduced
to writing and signed by both parties.
34) 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.
35) 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.
36) 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.
37) Survival. Sections 2c, 5a, 5b, 7, and 8 shall survive the expiration or
termination of this Lease.
38) 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.
Revised May 2019
Signatures appear on the next page.
Page 10 of 11
IN WITNESS WHEREOF the parties hereto have executed this agreement on the date
hereunder indicated.
COUNTY OF OAKLAND
David T. Woodward, Chairperson
Oakland County Board of Commissioners
Date:____________________________
ROBERT R. REDNER, LESSEE
Robert R. Redner