HomeMy WebLinkAboutResolutions - 1976.09.02 - 14348:—
Patrick K. Daly, ChaikMan
Miscellaneous Resolution No, 7673 September 2, 1976
BY: PLANNING AND BUILDING COMMITTEE - Patrick K. Daly, Chairman
IN RE: LEASE OF COUNTY PROPERTY TO THE TOWNSHIP OF ORION FOR FIRE STATION FACUITY
TO THE OAKLAND COUNTY- BOARD OF COMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland owns certain property located in the Township.
of Orion, County of Oakland, State of Michigan, to wit:
Part of SW 1/4 of Sec 35, Beg at Pt on
N 87-50-35-E 2471.34 ft & N 00-24-26-W
00-24-26-W 200 ft, Th S 89-35-34-W 300
89-35-34-E 300 ft, approx. 1.38 acres;
and
Westerly line of M-24 Hwy distant
2266.82 ft from SW Sec Cor, Th N
ft, Th S 00-24-26-E 200 ft, Th N
WHEREAS the Township of Orion is desirous of constructing and maintaining a
fire-fighting facility on such property; and
WHEREAS the Township of Orion has requested a lease for such property for a
period of fifty (50) years; and
WHEREAS the Township of Orion agrees to operate and maintain any specialized
equipment furnished by the County of Oakland needed for Airport crash, fire and
rescue operations; and
WHEREAS, your Airport Committee and your Planning and Building Committee has
reviewed the terms of the lease and recommends that the County of Oakland enter
into the lease with the Township of Orion,_a copy of which. is attached hereto. .
- NOW THEREFORE BE IT RESOLVED that the Chairman of the Board of Commissioners
be authorized to enter into a lease with the Township of Orion, said lease to be
for a term of fifty (50) years, for 1.38 acres of property as descriW -:bova.for
the purpose of a fire fighting facility; and
BE IT FURTHER RESOLVED that the Township of Orion agrees to respond with
available eouip7::srt to Airport
.
ncies requiring crash, fire arid oper:::t -H
The. Planning and BuildingComm±;Lee by Patrick K. Daly, Chairman, moves the
adoption of the foregoing resolution.
PLANNING AND BUILDING COMMITTEE
1976, Dv and between N ODUNTY OF day of
,L.mPum n7 LEASE AND ACRTEMTNT, dated the
o f t IN
s 8988[78 86-- e • 8 J L
7 1t sf "0 ft. - :egg 1.38 acres:
EASE
C4\MiliAND, a Michin Constitutional Corporation, hereinafter called.
and the 7OWNHIP OF oRioN, a Municipal Entity, hereinafter
called ORION:
Oakland • .•hs certain =' :v aTiproPriate for a
fire protection facility; and
aining WHEREAS, Orion is desirous of constructing and
a fire-fighting facility on said realty:
RI, TH IS A2:1118. • • •H • W: fiN:
That H parties hereto do he: gtutually agree as
foil WS:
1 s. Oakland A. —Yr let g and leases to Orion for a 'Period
of fifty (60) years from and • - the date of this lease, certain
land 1:scated in tke Township of Orion, County of flemisnd, State of
Mich:- s, to-wit:
2. ; entitled to the occupation and use of
said land and appurten8 as long as 0 ,-1.8r snail use
property as a fire station facilit - for the Township of Chian or
successor puhiic entity: It is . ••••-stood that this lea-. hell.
remain in effect for as lor - as OrHn. sh al use this pram. • ss
A h - o stated and if fd/or not ifilized, IN f•d, . w•.•••
whatsoever, this lease shall be cancelled and the land shall
forthwith r:•-:fnz to Oakland.
Su sot to the above express conditions, it is mutually
agreed that the term of this leas . I be for fifty (50) • -a. s
commencing with even date, first written above.
3. As consideration of this :If
with available equibment, to airporf
Orion agrees tc ,ad,
'e4nz crash,
fire, and rescue operations, It is unb-=:-qod that the County shall
provide any specialized equipment needed for Airport crash, fire,
rescue operations. It is further understood Th.b Orion agrees to
operate and maintain su•A•
Oakland sholl" at-'n -1 1 oil , gas and mineral
during the term of the lease.
5. The parties shall have the opt!.-7- of reneval of this
o -1 E,
lease upon terms and condit4, as shall I,- 'uallv
G. It is agreed that the preliminary plans and sket••
for structures, buildings, addif4o-s, Of alterations shall be
submitted to Oakland. No construction shall begin until reYiqv ..•nd
approval has been obtained,
7. It is agreed that the : h—fon of any proposed new
structures, buildings, additions, or bna location of any permanent
storage area shall he submitted to Oakland. No constructiob
be cormpnced, nor shall any area he used unless it shall have been
rev4rg-d and approved by Oakland,
8. a) - f7,ad agrees that at t1- ,m:fration of this lease
or any renewal the- of, Orion may within a ro,-sonable time remove
any and all buildings, structures, and other improvements or parr of
buildings, structures, or other improvements, placed or erected on
said premises by Orion during the term thereof, or anv re'ehb •T thereof,
all expenses connected with such removal to he borne by Orion.
11
liITN7SUR: TOWNSFIP OF ORION
other perranenr v al or placed upon the FT s
and become its property in fee simple without proces of 1..-•
provided Orion. does not exercise its right in Section Ban
9. Orion agrees that at all times it will keep all
buildings, barracks, structures and signs pleeed upon such premises
is a in 700d condition, and to inintan the grcc
presentable manner.
10. Oakland grants to Orion all re•a-s-L -• H•dos of
ingress and c‘.. ,778 as may be requint• -"Jess lands . or
controlled hvB P B rl, subject to tic - ' of OF,,d1Rnd.
11. Orion agrees that the erection, maintenance and
operations of any and all buildings, barracks, structures and signs
on the said .5 ..........es herein. described .ps1 he the sole responsibi-
lity of Orion.
12. Orion will use and oce -.. said rrem ..'-a In a hurtful
and proper manner, not committing any waste therein, not using or
occupying said premises for any unlawful purposes: confceulug to
and obeying all ] ent and future laws, ordi•n• cos, rules, regulae
tions, and recui:its of all governmental au:horities and agencies
pertaining to the use and occupation
12. Onion agrees that upon the effective date of this
lease, Orion :hal' indemnify and hold harmless ,r,kl.nrld for any
injury or Is as to any pets -r on or about the premises or to any
property of • , . or n: y association or coreeorat -' ••
on or about the px .crisos frit" ,g out of the acts or omissions of
Orion.
WIT ES COUNTY OF (V,KITANm
Bv:
#7673
Moved by Daly supported by Olson the resolution be adopted.
AYES: Murphy, Nowak, Olson, Page, Patterson, Perinoff, Pernick, Price,
Roth, Wilcox, Wilson, Aaron, Daly, Dearborn, Douglas, Dunleavy, Fortino, Gabler,
Hoot, Kasper, Lennon. (21)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF , r
COUNTY OF OW-f.:'0;
I, Lynn D. Allen, Clerk of the County of Oakland and
-having a seal, do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #7673 adopted by the Oakland County Board of •........00.001.1•00+0".•e•aeaaeo,, "..0 ,40•04,0007.•u apa•• • V 0 • • ••1•0•00.7Q•d •
Commissioners at their meeting held on September 2, 1976
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
this,......,.. 2nd .....,.....day
Lynn D. Allen Clerk
By Deputy Clerk
regular meeting of the Board of Commissioners
of Oakland County held in the Commissioners Auditorium in the County
Service Center, inthe City of Pontiac, Michigan, on Thursday the
day of September , 1976, at 9 :35 o'clock
A.M., Eastern Daylight Time.
At a
2nd
PRESENT: Aaron, Daly, Dearborn, Douglas, Dunleavy, Fortino, Gabler, Hoot,
Houghten, Kasper, Lennon, Moffitt, Murphy, Nowak, Olson, Page,
Patterson, Perinoff, Pernick, Price, Roth, Wilcox, Wilson, (23) • •
ABSENT: Button, McDonald, Montante, Simmons. (4)
A report and request has been received from the County Drain
Commissioner acting as the County Agency pertaining to the Evergreen and
Farmington Sewage Disposal Systems and their designation as a single
proposed plan of study area by the State of Michigan Department of
Natural Resources for the purposes of Step 1 Facilities Planning and U.S.
Public Law 92-500 and Act 329 of Michigan Public Acts of 1966, as amended,
accompanied by resolutions adopted by the governing bodies for the Cities
of Farmington Hills, Southfield, Birmingham, Troy, Bloomfield Hills,
Lathrup Village, Keego Harbor, Farmington, Orchard Lake Village and Sylvan
Lake and for the Villages of Beverly Hills, Franklin and Bingham Farms and
for the Townships of Bloomfield, Pontiac and West Bloomfield. In all of
these resolutions the County of Oakland acting through its Department of
Public Works is requested to be the lead applicant for the Federal and State
grants for the Step 1 procedures and it is suggested that the County of Oakland
accept the role of lead applicant but carry it out through its County Drain
Commissioner as the County Agency, by establishing a project pursuant to
Act No. 342 of Michigan Public Acts of 1939, as amended. The foregoing
report and request have been reviewed and accepted by the Planning and
Building Committee with the recommendation that a resolution in the form
submitted be adopted.
The following resolution was offered by Mr. Daly •