HomeMy WebLinkAboutResolutions - 1988.06.23 - 17508June 23, 1988 MISCELLANEOUS RESOLUTION 881 61
BY: PLANNING & BUILDING COMMITTEE, Anne M. Hobart, Chairperson
RE: DEPARTMENT OF CORPORATION COUNSEL
Lease/License Agreement - Cable Television Companies
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS it is a condition of the Francise Agreements of
the Cable Television companies that they provide their
municipalities access to County and local governments; and
WHEREAS Booth Communications, Inc., Comcast Cablevision,
Continental Cablevision, Greater Media Cable and United Cable
Television have undertaken to satisfy their Agreements; and
WHEREAS it is necessary that the Cable companies install
certain facilities, i.e.: undergound cable and microdishes on
the County's property and make use of the County's tunnel
system; and
WHEREAS the Cable companies will make all installations at
their own expense with no expense to the County; and
WHEREAS it is in the interest of the County for the
equipment to be installed as it will allow the County to be
linked with the several municipalities; and
WHEREAS a Lease/License Agreement has been negotiated
which provides the terms and conditions for the use of County
property by the Cable companies.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners approves the Lease/License Agreement between
the Cable companies and the County of Oakland.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners hereby authorizes its Chairperson to execute the
necessary documents.
Mr. Chairperson, on behalf of the Planning & Building
Committee, I move adoption of the foregoing resolution.
PLANNING & BUILDING COMMITTEE
Anne M. Hobart, Chairperson
WS/LICENSE
THIS LEASE/LICENSE entered into this day of
1988, by and between the COUNTY OF OAKLAND, Lessor/Licensor,
hereinafter referred to as County, and BOOTH COMMUNICATIONS,
INC., hereinafter referred to as Company;
In consideration of the covenants herein contained, the
County hereby .grants .pp.- 77- --
Company's expense and to operate, manfain and control at the
Compan7z,'s expensc certi-,1 7tei v1ror ni1nic.t n
Said equipment to he lo - :1 on County's pr::'. at an area
specifically defined by C--nty in writing attached hereto and in
general, referred to as A t- :-2nt "A".
County agrees that the Company shall have free and full
access to all equipment installed during and for the
continuation of this Agreement for the purposes of installing,
operation, inspection, repair, maintenance, removal and
substitution.
It is agreed that only authorized agents of the Company
shall be permitted upon the premises.
The County shall not be liable for injury or damage
resultrrig from entry of the Company or any of their employees,
contractors or agents if said damage shall result from an act of
omission or commission, whether negligence or otherwise of the
Company or their employees, contractors or agents.
Company's equipment and installation shall comply with all
applicable rules and regulations of the Federal Communications
Commission and applicable codes of the Municipal and/or State
authorities concerned.
County.iy7
Company'
Company's
LgAWLicht,Ht
THIS LEASE/LICENSE entered into this day of
1988, by and between the COUNTY OF OAKLANI), Lessor/Licensor
hereinafter referred to as County, and CCAITINENTAL,
cinuvtsto4, hereinafter referred to as Company;
1 trl covelloil..0 -eic.,L1 contained, the
'grants permiion to install at the
d-trIse and to operate,
certain television communication equipment
d.cr-r'1 ,-ol at the
Said equipment to be located on County's property at an area
specifically defined by County in writing attached hereto and in
general, referred to as Attachment "A".
County agrees that the Company shall have free and full
access to all equipment installed during and for the
continuation of this Agreement for the purposes of installing,
operation, inspection, repair, maintenance, removal and
substitution.
it is agreed that only authorized agents of the Company
shall be ipermitteci upon the premises.
The County shall not be liable for injury or damage
resulting from entry of the Company or any of their employees,
contractors or agents if said damage shall result from an act of
omission or commission, whether negligence or otherwise of the
Company or their employees, contractors or agents.
Company's equipment and installation shall comply with all
applicable rules and regulations of the Federal Communications
Commission and applicable codes of the municipal and/or State
authorities concerned.
Company's e certain television communicat
bagfticth4sE
THIS LEASE/LICENSE entered Into this day of
1988, by and between the COUNTY OF OAKLAND, Lessor/Licensor,
hereinafter referred to as County, and COMCAST CADLEVISION,
hereinafter referred to as Company;
In consJOer -4 -r 4-he
County hereby grants permission to the to install at the
Company's expl,se and to operate,: maintain an --nt'7-01 at the
Said equipt to be located on County's property at an area
specifically defined by County In writing attached hereto and in
general, referred to as Attachment "A".
County agrees that the Company shall have free and full
access to all equipment installed during and for the
continuation of this Agreement for the purposes of installing,
operation, inspection, repair, maintenance, removal and
substitution.
I t is agreed that only authorized agents of the Company
shall be Permitted upon the Premises.
ThrNpunty shall not be liable for injury or damage
resulting from entry of the Company or any of their employees,
contractors or agents if said damage shall result from an act of
omis61on or commission, whether negligence or otherwise of the
Company or their employees, contractors or agents.
Company's equipment and Installation shall comply with all
applicable rules and regulations of the Federal Communications
Commission and applicable codes of the Municipal and/or State
authorities concerned.
CO
Company 'o 7,nse certain television communjcatio -
Said equipment to be locat
expense and •to.operai7e, maintain and control at the
Dn County's:property an •:,.rc
LEASE/LICENSE
THIS LEASE/LICENSE entered into this day of
1988, by and between the COUNTY OF OAKLAND, Lessor/Licensor,
hereinafter referred to as County, and GREATER MEDIA CABLE
hereinafter referred to as Company;
In consideration of the covenants herein contained, the
J.,stall at the- LO
specifically defined by County in writing attached hereto and in
general, referred to as Attachment "A".
County agrees that the Company shall have free and full
access to all equipment installed during and for the
continuation of this Agreement for the purposes of installing,
operation, inspection, repair, maintenance, removal and
substitution.
It is agreed that only authorized agents of the Company
shall be permitted upon the premises.
The County shall not be liable for injury or damage
resulting from entry of the Company or any of their employees,
contractors or agents if said damage shall result from an act of
omission or commission, whether negligence or otherwise of the
Company or their employees, contractors or agents.
Company's equipment and installation shall comply with all
applicable rules and regulations of the Federal Communications
Commission and applicable codes of the Municipal and/or State
authorities concerned.
LtASE/LICEilS
THIS LEASE/LICENSE entered into this 23rd day of June
1988, by and between the COUNTY OF OAkLAND, Lessor/Licensor,
hereinafter referred to as County, and UNITED CABLE
TELEVISION, hereinafter referred to as Company;
In consideration of the covenants herein contained, the
County hereby grants permission to the Company to install at the
Company's expense and to operate, maintain and control at the
Company's expense certain television communication equipment.
Said equipment to be located on County's property at an area
specifically defined by County in writing attached hereto and in
general, referred to as Attachment "A".
County agrees that the Company shall have free and full
access to all equipment installed during and for the
continuation of this Agreement for the purposes of installing,
operation, inspection, repair, maintenance, removal and
substitution.
It is agreed that only authorized agents of the Company
shall be permitted upon the Premises.
mit ,
The County shall not be liable for injury or damage
resulting from entry of the Company or any of their employees,
contractors or agents if said damage shall result from an act of
omission or commission, whether negligence or otherwise of the
Company or their employees, contractors or agents.
Company's equipment and installation shall comply with all
applicable rules and regulations of the Federal Communications
Commission and applicable codes of the Municipal and/or State
authorities concerned.
claim which may art during the life of this Lease/License
Company's equipment shall be installed in such a manner as
not to interfere with the operation of any equipment which the
County or other tenants of County have or may install on the
premises. in the event that interference should result, Company
shalt discontinue use of the inter ferring equipment until such
interference shall have been eliminated and if such interference
cannot be eliminated, Company shall remove the interferring
equipment from the premises and this Agreement shall thereupon
terminate.
Company's equipment, furnishings, materials, supplies or
apparatus on the premises shall be limited to that necessary for
the proper operation and maintenance of the equipment specified
above.
Company does hereby indemnify and agree to hold County
harmless from any claim which may arise during the life of this
Lease/License agreement against County by reason of any action
or occurrence attributable to the installation, operation,
maintenance or removal of Company's equipment, or the activities
of any employee of Company or any contractor employed by
Company, unless such action or occurrence is occasioned by acts
or negligence of County. In addition to the foregoing, Company
does hereby indemnify and agree to hold County harmless from any
agreement against County by any employee of Company or any
contractor employed by Company, by reason of any alleged
condition of the premises.
Company is to make arrangements for installation of any
control lines as may be required for operation of Company's
equipment. Company shall arrange for and bear the cost of the
installation and use of power facilities for its equipment.
-2-
This Lease/License Agreement shall commence on the day and
year first written and remain in effect for a period of five (5)
years and thereafter for an additional five (5) years and
thereafter from year to year unless and until either party gives
to the other six (6) months' written notice of its intention to
terminate said Lease/License agreement.
Upon termination of this Lease/License as herein provided,
Company will remove or cause to be removed all properties
installed on County's premises, and upon such removal shall at
Company's expense restore said premises to the same good order
and condition as they were immediately previous to the beginning
of this Lease/License, excepting normal and reasonable wear and
tear.
It is understood by the County and the Company that the
Company will be installing underground facilities and using the
County's utility tunnels and agree to the following conditions
for their installation and use:
1. The Company and/or their contractor shall notify the
County 72 hours prior to entering for the
installation, construction and maintenance on County's
property, except when an extreme emergency arises and
the system needs immediate repair (contact Department
of Public Safety at 858-0931, Department of Facilities,
Maintenance and Operations at 858-0169).
2. Any and all toad crossings shall be done under the
jurisdiction and specifications of the Oakland County
Road Commission which may require permits.
3. Notify Sheriff's Department of any and all work to be
done at work release area.
All installation and maintenance work which shall take
place in existing tunnels shall be approved and
inspected by Department of Facilities, Maintenance and
Operations.
5. All site restoration work shall be provided by the
Company and/or their contractor and completed in
accordance with Facilities, Maintenance and Operations,
Grounds Units' specifications.
6. All trees which are located on or near centerline of
any excavation shall be tunneled or bored per
Facilities, Maintenance and Operations' specifications.
In the event of Company's failure to comply with any other
provision of this Lease/License, County may terminate this
Lease/License and remove Company's equipment and sue for any
other damages to which County may be lawfully entitled. Should
County be forced to collect said damages through its attorney or
by other legal procedures, County shall be entitled to
reasonable costs and attorney fees thereby incurred.
Any notice, demand or citation required or permitted to be
given„under this Lease/License shall be in writing, and shall be
effectively delivered when deposited in the United States Mail,
in certified or registered form, postage prepaid, addressed as
follows:
If to County: County of Oakland
1200 N. Telegraph Road
Pontiac, MI 48053
If to Company: United Cable Television
4500 Delemere Blvd.
Royal Oak, MI 48073
Notice given in any other manner shall be effective only when
actually received. Any party may change the address herein
specified from time to time by five (5) days written notice to
the other parties.
.#'
/
By:
Roy Rewoyd, Chairperson
Board of Commissioners
UNITED
13,Y : Its
BLE TELEVISION
IN WITNESS WHEREOF, the parties hereto have set their
hands the day and date first above written.
WITNESSES: COUNTY OF OAKLAND
9
4ik
OAKLAND COUNT Y COMMUNITY
MENTAL HEALTH CENTER // a a
JAIL, yr
MORGUE & LAW
,NN ENFORCEMENT
\ COMPLEX
NORTH
OFFIC BUIL
MEDICAL I CARE 1
FACILITY
OFFICE IP"—/
BUILDING ,
ANNEX It HEALTH / ,9
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a - 4%7 /4-. a "'"'./ /
a a /7 a - A
SP “.4A sL NV e3 IS
A
AOMIRISTRACI9E. k rumrncm I N1AX1
HEALTH SERVICES AulLomo
• a 4/111;ALA COTTAGE
CHILDREN'S VILLAGE COMPLEX
STATE
POLICE POST
Cable located in
exiting tunnel SOUTH INFORMATION
SIGN
EASTER SEAL
. SOCIETY
IOW , 4 COT TAGE 4110,
AqmiNISTRATIVE _ANNEX I
SCHOOL
CREDIT UNION
FieTAD
ROAD COMMISSION
TIAC
WORKS
BUILDING RAFFIC LIGHT ()OF ARMY RESERVE CENTER
WATKINS LAKE ROAD
'V Cable OAKLAND COUNTY PLANNOFG DIVIIMOM
Asurerriles• underground new construction
ce _ _ 7
ATTACHMENT "A"
KLEFT ENurNstEr..
CIVIL ENGINEERS AND LANA; SURVEYORS
5852 South Main Street
Clark_ston, Michigan 48016
313: 625-5251
OGLTON G. LOW FP, P. G., .LS. - Prrsicient JAMESJ.cL. 4ficip-Prssiden,
June 16,-1988
Mr. Adam LaRose
United Cable- Television
4500 Delemere Boulevard
Royal Oak, Michigan 48073
Reference: KE 488262
Dear Sir:
Per your request, we have field located he .centerm
of the ten foot wide easement for underground cable to Le
installed at the Oakland County Service Center. The lo=t±on
is based on the points as placed in the field by your 1 -ff,
The following is the centerline description:
Part of the E1/2 of Sec. 24, T3N, R9E, Waterford Township,
Oakland County, Michigan, described as beginning at a 37;:nt
on the Easterly side of a fence which surrounds the br:.ck
pumphouse and water tower, said point located N 08°20'39W
749.93 ft from coordinate point 70-27 as located on the
Oakland County Grid System (South 771.60, West 1505.32 ft);
Th from said point of beginning of 10 ft cableeasement,
S 63°50 1 11"E 255.30 ft; Th N 84°07'06"E 138.38 ft; Th
S 80°I1'39"E 72.40 ft; Ti N 70°26'12"E 146.45; Th
N 06'14 1 13"E 122.70 ft; Th N 86°18'50"E 163.64 ft; Th
S 19°58'48"E 49.14 ft; Th. S 52°45'10"W 61.96 ft; Th
S 10°55 1 28"W 595.57 ft to point "A"; Th continuing
N 72'37 '11";'T 83.62 ft to point "B"; Th continuing
S 20°55'57"W 369.50 ft to the point of ending..
Also, from previously mentioned point "A", S 72°34 1 08"E
129.59 ft; Th S 02°47'47"E 59.03 ft. Also, from previously
mentioned point "3", N 72°37'11"W 10.91 ft.
Should you have any questions regarding this easement,
please feel free to contact me.
Very truly yours,
James J. Scarl, R.L.S
'---)
JJS:nh
cc: Pat Campbell
Oakland County
ATTACHMENT "A"
Resolution # 88161 June 23, 1988
this _r _ of June ID88
7:5
. ALLEN, County Clerk/Register of DE
Moved by Hobart supported by Law the resolution be adopted.
AYES: . Rewold, Skarritt, Wilcox, Aaron, Caddell, Calandro, Crake,
Doyon, Gosling, Hobart,Jensen, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald,
A. McPherson, R. McPherson, Moffitt, Oaks, Page, Pernick, Price. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
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 the attached
resolution adopted by the Oakland County Board of Commissioners at their regular
meeting held on June 23, 1988
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 Testipony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan