HomeMy WebLinkAboutResolutions - 1977.05.19 - 13299Miscellaneous Resolution 7962 May 5, 1977
BY: PLANNING AND BUILDING COMMITTEE - Richard R. Wilcox, ChaiLman
IN RE: GENERAL MOTORS LICENSE AGREEMENT FOR WATER MAIN AT 196 OAKLAND AVENUE,
PONTIAC, MICH.
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland has property at 196 Oakland Avenue,
Pontiac, Michigan; and
WHEREAS General Motors has property and facilities adjacent to
the County property; and
WHEREAS a six (6) inch water main exists under the parking lot of
the County's property feeding the General Motor's facilities from Oakland
Avenue; and
WHEREAS there exists no easement for the water main.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners
authorizes the Chairman of the Board of Commissioners to execute a license
agreement in consideration of ONE ($1.00) DOLLAR with General Motors Corporation
for the purpose of a water main from Oakland Avenue to the General Motors'
facility.
The Planning and Building Committee by Richard R. Wilcox, Chairman,
moves the adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
‘It4-4. Go46-1,
Richard R. Wilcox, Chairman
LICENSE AGREE ENT made this 17th day of February, A.D
1977, between THE COUNTY OF OAKLAND, a Michigan Constitutional
Corporation, with principal offices at 1200 North Telegraph Road,
Pontiac, Michigan 48053, as Licensor, and GENERAL EOTORS
CORPORATION, a Delaware Corporation with principal offices at
3044 West Grand Boulevard, Detroit, Michigan 48202, as Licensee,
WITNESSET H:
That the Licensor in consideration of ONE ($1.00)
DOLLAR and other valuable consideration, the receipt of which is
hereby acknowledged hereby grants permission to the Licensee
to construct, install, reconstruct, maintain, replace, remove or
repair the six -inch underground, covered water main running under
a portion of a parking lot of the property at 196 Oakland Avenue,
Pontiac, Michigan as shown on drawing attached 'hereto and made a
part hereof.
The within License is given subject to the following
terms and conditions:
(1) • That the term of this License shall be for a-
- period of one (1) year commencing January 1, 1977 and expiring
December 31, 1977 and continuing thereafter on a year to year
basis until canceled by Licensee by giving to Licensor six (6)
months prior written notice.
(2) That the Licensor reserves the right to the full
use and enjoyment of the herein described premises except only as
to the permission herein granted.
(3) The Licensor reserves the right to require the
Licensee to relocate said six-inch water main upon .ninety (90)
days prior written notice, but in such event Licensor will provide
Licensee with an alternate acceptable location for the installa-
tion and maintenance of Licensee's six-inch water main and
Licensor will assume and be responsible for the entire cost and
expense in making such relocation.
(4) The Licensee agrees that in the event excavation
is necessary to alter subject six-inch water main in anyway -
whatsoever, such construction shall be performed solely at
Licensees expense in an expeditious manner; and, upon completion
of said alteration, the surface area shall be restored to that
condition existing prior to said construction within thirty (30)
days after completion of said work.
In the event Licensee determines its use of said
six-inch water main is no longer necessary and Licensee determines
(5)
2
to discontinue or abandon the use of said water main then this
License Agreement shall upon written notice to Licensor auto-
matically terminate and become null and void. It is mutually
agreed that upon such termination Licensee shall arrange to have
subject water main sealed. In no event, however, shall Licensee
be required to remove subject water main.
(6) That the Licensee accepts the withinLicense : -
subject to all easements, covenants, conditions and restrictions
- of record.
(7) Licensor shall indemnify and hold harmless
Licensee, its successors and assigns against any loss, damage,
injury or expense to which Licensee, its agents, employes or
third parties may be subjected by reason of injury or death to
persons or damage to property arising out of Licensors use and
enjoyment of the herein described premises, provided such loss,
damages, injury or expense which Licensee, its agents, employes
or third parties may be subjected by reason of injury or death
did not arise out of Licensee's sole negligence.
WITNESS the signature and seal of Licensor this
n the presence of: THE COUNTY OF OAKLAND
n the presence of:
-
Vice Presid xte ,
5 7-I r -
ATTEST
day ofPr , A.D. 1977, and the signature and seal (
Licensee this day of , A.D. 1977.
BY
ATTEST
GENERAL MOTORS CORPORATION
BY
r, Assistant SecretarY'
I = I E
- 4 -
#7962 May 19, 1977
1 HERcEry APPROVE THE FOR !NG ESOWT1ON H
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Moved by McConnell supported by Patterson that Resolution -44 7962 be adopted.
AYES: Kelly, Lanni, McConnell, McDonald, Moffitt, Montante, MoxIey, Murphy,
Patterson, Peterson, Price, Roth, Simson, Daly, DiGiovanni, Doyon, Fortino, Gabler,
Gorsline, Hoot. (20)
NAYS: None. (0)
A sufficient majority having voted therefor, Resolution #7962 was adopted.
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Miscellaneous Resolution #7962 adopted by the Oakland County Board of
Commissioners at their meeting held on May 19, 1977
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