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HomeMy WebLinkAboutResolutions - 1984.03.08 - 16797I HERAY/APPRn;,FOREG2ING C-1ESOLUTION T. Murphi toun'fFE; (171* Miscellaneous Resolution 34039 February 23, 1984 BY: PLANNING AND BUILDING COMMITTEE—h M. Hobart, Clviirperuon IN RE: BRANDON TOWNSHIP - PURCHASE OF AUTOMATED FUEL PUMPING SYSTEM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, by Miscellaneous Resolution #83273, the County appropriated $10,058 for the purchase of an automated gasoline fueling system for installation at the Lyon Township offices; and WHEREAS, the Township of Brandon expended $8,860.90 in 1983 for the purchase of a like system; and WHEREAS, in both instances the purpose of the purchase was to eliminate the excessive number of hours that contract patrol Officers were required to be out of the Township for refueling purposes; and WHEREAS, Brandon Township has requested the County to reimburse them for the costs involved in their purchase of the automated fuel system, which will result in treatment equal to that given to Lyon Township;, and WHEREAS, the County of Oakland will be assigned the ownership of the installed system and associated hardware that was purchased by Brandon Township; and WHEREAS, Brandon Township has agreed to lease :their pumpinn facilities to the County for the sum of $1.00. NOW THEREFORE BE IT RESOLVED that $8,860.90 be and is hereby allocated for the purpose of purchasing the automated fuel system installed by Brandon Township, which will be remitted to them upon proper proofs of purchase. BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners hereby be authorized to execute the necessary lease agreement for the utilization of the Brandon Township gasoline pumping facilities. Mr. Cnairperson, on behalf of tht Planninpend Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE LEASE OF TOWNSHIP PROPERTY LEASE AGREEMENT, Made this day of , 198 , by and between the Township of Brandon, a Michigan Municipal Corporation, hereinafter referred to as the Lessor, and the County of Oakland, a Michigan Constitutional Corporation, hereinafter referred to as the Lessee: WITNESSETH: That for and in consideration of the sum of One Dollar and no cents ($1.00) and the resulting benefit to the Township residents by having sheriff's patrol cars fueled in the Township, the Lessor hereby leases to the Lessee, for a period of ten (10) years, commencing , the following described property: One (1) gasoline pump and tank located at 395 Mill Street, Ortonville, MI 48462, which is more particularly described as follows: Bennett Pump, Model #3788, Serial No. 0010655; 2,000 gallon tank, plus the right to reasonable access, without disruption of Township operations, to the said gasoline pump and tank. Subject to the following conditions: 1. Such property and any and all improvements thereon shall be used by the Lessee for the purpose of fueling Oakland County Sheriff's Department vehicles. 2. Any use other than that specified in Paragraph 1 shall be permitted only with the written consent of the Lessor. 3. Lessee shall have the right tomaintain a computerized metering system (Gas Boy Automated Card System) and such other improvements to the leased property for the purpose of monitoring the receipt and delivery of fuel. 4. Lessee agrees to maintain and to deliver to Lessor the property subject to this Lease in a condition similar to what it was the date of this Lease, except for reasonable and ordinary wear and tear. Lessee agrees that all improvements to the property will be made at its own expense and any improvements or modifications to the property will be removed without cost or expense to the Lessor upon termination of the Lease, unless otherwise agreed upon in writing. If Lessee removes any improvements or modifications, the pump, tank and premises shall be restored to its original condition. If Lessee has not removed any improvements or modifications to the property within thirty (30) days within termination of the Lease, all such improvements and modifi- cations shall be the property of the Township, free of any claim of Lessee. 5. In the event the Lessor no longer contracts for police services from the Oakland County Sheriff's Department, the Lease shall terminate at that time subject to all pertinent terms and conditions of the Lease. 6. Lessee agrees to indemnify and hold Lessor harmless, and to carry insurance and in such amounts as will, in the opinion of the Lessor, be adequate to indemnify Lessor, its departments, officers and employees against liability of every name or nature, and the cost of defense, arising by or through the acts or omissions of the Lessee, its officers, agents or employees. The County of Oakland shall be a named insured on lessees policy. 7. Lessee agrees to be responsible to Lessor for any damage done to Lessor's property as a result of the use of Lessor's property under this Lease by Lessees, its officers, agents or employees, and shall provide insurance protecting Lessee from any such loss or damage. 8. This Lease may be terminated by either party by giving a six (6) month written notice to the other party. IN WITNESS WHEREOF, the parties have hereunto each caused its name to be signed to this instrument by its duly authorized officers, the day and year first above written. COUNTY OF OAKLAND, a Michigan Constitutional Corporation By: Witness Witness TOWNSHIP OF BRANDON, a Michigan Municipal Corporation By: Witness Witness STATE OF MICHIGAN) COUNTY OF OAKLAND)ss On this day of , 198 , personally appeared , and did say that he is the Chairman of the Oakland County Board of Commissioners and as such has affixed his signature to the foregoing Lease, and that said instrument was signed and sealed on behalf of said County of Oakland, by authority of its Miscellaneous Resolution No. • dated , 198 , and acknowledges said instrument to be the free act and deed of said County of Oakland. Subscribed and sworn to before me this day of , 1984. Notary Public Oakland County, Michigan My Commission Expires: STATE OF MICHIGAN) COUNTY OF OAKLAND)ss On this day of , 198 , personally appeared , and did say that they are the of the Township of Brandon, and as such has/have affixed his/their signature to the foregoing Lease, and acknowledges said instrument to be the free act and deed of said Township of Brandon. Subscribed and sworn to before me this day of , 1984. Notary Public Oakland County, Michigan My Commission Expires: FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: MISCELLANEOUS RESOLUTION #84039 BRANDON TOWNSHIP-PURCHASE OF AUTOMATED FUEL PUMPING SYSTEM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution #84039 and finds: 1. Funds in the amount of $8,861 are necessary to reimburse Brandon Township for the purchase of an automated fuel system to eliminate the excessive number of hours contract patrol officers are required to be out of the Township for refueling purposes. 2. Oakland County will be assigned the ownership of the installed system and associated hardware purchased by Brandon Township. 3. Said funds, $8,861, are available in the 1984 Contingency Account for such reimbursement and will be transferred to the Garage Account as follows: 909-01-00-9900 Contingency $(8,861) 901-01-00-9115 Garage 8,861 -0- FINANCE COMMITTEE Moved attached, be AYES: Olsen, Page, NAYS: this 8th day of Marc 19 84 ALLEN #84039 March 8, 1984 by Hobart supported by Nelson the resolution with Fiscal Note adopted. Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McPherson, Moore, Nelson, Perinoff, Price, Wilcox, Aaron, Caddell, Calandro, Doyon. (18) Fortino, Pernick, Foley. (3) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, 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 adopted by the Oakland County Board of Commissioners at their meeting held on March 8, 1984 with the orginial 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 County Clerk/Register of Deeds