HomeMy WebLinkAboutResolutions - 2024.12.12 - 41782
AGENDA ITEM: Airport Land Lease with Boardwalk Hangar Co., LLC
DEPARTMENT: Economic Development - Aviation and Transportation
MEETING: Board of Commissioners
DATE: Thursday, December 12, 2024 11:11 AM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-4689 _ 24-83
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Real Estate Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
The Airport has negotiated a new land lease with Boardwalk Hangar Co., LLC, for the property
located at 1661 Airport Road in Waterford, Oakland County International Airport. Simultaneously,
WLA Holdings, LLC has notified the Airport of a Purchase/Sale Agreement with Boardwalk Hangar
Co., LLC, and requested termination of their existing lease. The lease termination with WLA
Holdings will coincide with the effective date of the new lease with Boardwalk Hangar on December
1, 2024. The Land Lease will have a term of twenty years from December 1, 2024 to November 30,
2044, with annual rent fixed for the first two years at $18,630. Under the Land Lease the County has
the right to change the rental payment effective December 1, 2026 and each and every two years
thereafter, as set forth in the Land Lease. The Lessee, at its sole cost is responsible for any
improvements to the property and maintenance to the grounds including mowing, snow removal,
and landscaping.
The Airport Committee and the County’s Office of Corporation Counsel have reviewed and agreed
to the terms of the Land Lease.
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 - 12/12/2024
David Woodward, Board of Commissioners Approved - 12/12/2024
Walt Herzig, Executive's Office Approved - 12/13/2024
Lisa Brown, Clerk/Register of Deeds Final Approval - 12/16/2024
AGENDA DEADLINE: 12/12/2024 7:00 PM
ATTACHMENTS
1. Land Lease_BoardwalkHgr
2. 1661 AirportRd. Exhibit A
COMMITTEE TRACKING
2024-12-04 Economic Development and Infrastructure - Recommend to Board
2024-12-12 Full Board - Adopt
Motioned by: Commissioner Linnie Taylor
Seconded by: Commissioner Penny Luebs
Yes: David Woodward, Michael Spisz, 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, Ann Erickson Gault, Linnie Taylor
(16)
No: None (0)
Abstain: None (0)
Absent: Michael Gingell, Kristen Nelson, Ajay Raman (3)
Passed
December 12, 2024
RESOLUTION #2024-4689 _ 24-83
Sponsored By: Yolanda Smith Charles
Economic Development - Aviation and Transportation - Airport Land Lease with Boardwalk
Hangar Co., LLC
Chair and Members of the Board:
WHEREAS the County of Oakland (“County”) owns the Oakland County International Airport in
Waterford Township and 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.
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 for twenty (20) years,
beginning December 1, 2024, with Boardwalk Hangar Co, LLC.
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 Boardwalk Hangar Co, LLC.
BE IT FURTHER RESOLVED that no budget amendment is required as the revenue is already
reflected in the County Airport Fund (#56500) FY 2025 – FY 2027 Adopted budget.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith
Charles.
Date: December 12, 2024
David Woodward, Commissioner
Date: December 13, 2024
Walt Herzig, Chief Deputy County Executive
Date: December 16, 2024
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2024-12-04 Economic Development and Infrastructure - Recommend to Board
2024-12-12 Full Board - Adopt
Motioned by Commissioner Linnie Taylor seconded by Commissioner Penny Luebs to adopt the
attached Real Estate: Airport Land Lease with Boardwalk Hangar Co., LLC.
Yes: David Woodward, Michael Spisz, 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, Ann Erickson Gault, Linnie Taylor (16)
No: None (0)
Abstain: None (0)
Absent: Michael Gingell, Kristen Nelson, Ajay Raman (3)
Passed
ATTACHMENTS
1. Land Lease_BoardwalkHgr
2. 1661 AirportRd. Exhibit A
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
December 12, 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, December 12, 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 1st day of December, 2024 is made by and between
the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter called
the COUNTY and BOARDWALK HANGAR CO, LLC, 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
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 1661 Airport Road, Waterford, Michigan):
Part of the SE ¼ of the SE ¼ of Section 17, T3N, R9E, Waterford Township,
Oakland County, Michigan. Beginning at a point located N 02°E01’30” W along
the north and south section line 963.31 feet and S 87°E58’30” W 73.00 feet from
the southeast corner of said Section 17; thence N 02°E01’30” W 40.00 feet;
thence S 87°E58’30” W 180.00 feet; thence S 02°E01’30” E 345.00 feet; thence
N 87°E58’30” E 180.00 feet; thence N 02°E01’30” W 305.00 feet to the point of
beginning. Contains 62,100 square feet.
The Property located at 1661 Airport Road, Waterford, Michigan 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 $18,630 annually. The Lessee may choose to pay the rent
annually or on a monthly basis. The rent shall be paid in advance, regardless of
whether 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 $1,552.50 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-
Page 2 of 11
1649.
1c)Deposit. Four (4) months rent, namely $6,210.00 shall be paid upon the
execution of this lease, of which $1,552.50 shall apply upon the first month's rent of the
term hereby granted, and payment of $4,657.50 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. 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.
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
Page 3 of 11
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.
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
Page 4 of 11
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 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
Page 5 of 11
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. 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
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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.
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,
Page 7 of 11
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.
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
Page 8 of 11
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:
Joshua Clark and Valerie Clark
1661 Airport Road
Waterford, MI 48327
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 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.
Page 9 of 11
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.
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:____________________________
BOARDWALK HANGAR CO, LLC,
LESSEE
Josh Clark, Principal
Valerie Clark, Principal
Page 11 of 11
EXHIBIT A
DEPICTION OF THE PROPERTY
(See attached)