Item Coversheet

Resolution

NO. 55

A Resolution authorizing the City Manager to enter into an Amended Supplemental Agreement No. 1 to the Lease between the City and the United States of America (for the Air National Guard),  DACA27-5-06-733, to add a tract of land containing 29.466 acres, more or less.

BATTLE CREEK, MICHIGAN - 1/22/2019

Resolved by the Commission of the City of Battle Creek:

 

The City has a valuable longstanding relationship with the Air National Guard (ANG) and ANG desires the use of additional land contiguous with the 228.848 acres of land it currently leases from the City in order to construct a new entrance to the ANG base.

 

Several years ago, the Michigan Department of Transportation closed a portion of Skyline Drive, and sold the underlying land consisting of approximately 29.446 acres to the City for $1.00. The City Commission authorized the City Manager to enter into an Amended Lease Agreement to add this parcel of land and to accept a deed from MDOT for this land pursuant to Resolution 37 on December 19, 2017.

 

ANG wishes to lease this additional tract of land from the City as an amendment to the existing lease; however, it was concerned with reversionary language in the deed of conveyance as was authorized in that resolution. The parties have agreed upon the amended condition number 4 in the attached corrective deed and Amended Lease Agreement No. 1. 

 

The City Manager is authorized to enter into the attached Amended Supplemental Agreement No. 1 to the Lease between the City and the United States of America (for the Air National Guard),  DACA27-5-06-733, to add a tract of land containing 29.466 acres, more or less and to accept the corrective deed of conveyance dated December 18, 2018.











I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on January 22, 2019.


Victoria Houser


Battle Creek City Commission
1/22/2019
Action Summary

Staff Member: Jill Humphreys Steele, City Attorney 
Department:City Attorney 
SUMMARY 
A Resolution authorizing the City Manager to enter into an Amended Supplemental Agreement No. 1 to the Lease between the City and the United States of America (for the Air National Guard),  DACA27-5-06-733, to add a tract of land containing 29.466 acres, more or less.

BUDGETARY CONSIDERATIONS
The amended supplemental agreement continues the annual rent at $1.00 per year.

HISTORY, BACKGROUND and  DISCUSSION

The City obtained a tract of land contiguous with the W.K. Kellogg Airport containing 29.466 acres, more or less, from the state of Michigan's Department of Transportation as evidenced by the attached deed identified as Exhibit C to the lease. This land was a portion of Skyline Drive that was abandoned. 

 

The Air National Guard already leases 228.848 acres of land from the City pursuant to Resolution 80, approved February 20, 2007, (attached with history) and desires the use of this additional land in order to construct an entryway to the National Guard base. The City wishes to continue its longstanding relationship with ANG, which includes agreeing to supplement this lease by adding the additional 29.466 acres of land to it.  



DISCUSSION OF THE ISSUE

POSITIONS
The Transportation Director and the City Manager are in support of this resolution.

ATTACHMENTS:
File NameDescription
SA1_Revised_Jan_2019.docxSupplemental Lease Agreement No 1
Calhoun_1443_20181226134554128_amended_deed_1.3.19.pdfCorrective Deed Dec 2018
Reso_80_of_2.20.2007_1.pdf2007 lease and related documents