HomeMy WebLinkAboutResolutions - 1988.09.22 - 17681Miscellaneous Resolution No. 88244 , Sept. 22 , 1988
BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson
IN RE: DRAIN COMMISSIONER-BORDEN DRAIN FULL FAITH AND CREDIT
RESOLUTION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTLEMEN:
WHEREAS, proceedings have been taken by the
Statutory Drainage Board for the construction of the Borden
Drain under the provisions of Chapter 20 of Act No. 40 of
the Public Acts of 1956, as amended, pursuant to a petition
filed with the Oakland County Drain Commissioner; and
WHEREAS, the said Drainage Board, by resolution
adopted on August 16, 1988, authorized and provided for the
issuance of bonds in the aggregate principal amount of
$345,000 in anticipation of the collection of an equal
amount of a special assessment against the City of Rochester
Hills, said special assessment having been duly confirmed by
said Drainage Board; and
WHEREAS, said bonds are to be designated Drain
Bonds, are to be dated October 1, 1988, will bear interest
at a rate not exceeding 12% and will be subject to
redemption prior to maturity in accordance with the
provisions of said resolution; and
WHEREAS, said Drainage Board deems it advisable and
necessary to obtain from this Board a resolution consenting
to the pledge of the full faith and credit of the County on
the aforesaid bonds; and
WHEREAS, the said drainage project is necessary to
protect and preserve the public health, and, therefore, it
is in the best interest of the County of Oakland that said
bonds be sold.
NOW, THEREFORE, BE IT RESOLVED:
1. That in accordance with the provisions of the
resolution adopted by the Drainage Board on August 16, 1988,
the Drain Bonds shall be payable primarily from the
collection of the several installments of the special
assessment against the City of Rochester Hills.
2. That pursuant to the authorization provided in
Section 474 of the Drain Code of 1956, as amended, the
Oakland County Board of Commissioners hereby pledges
irrevocably the full faith and credit of the County of
Oakland for the prompt payment of the principal of and
interest on the said Drain Bonds and agrees that, in the
event the City of Rochester Hills shall fail or neglect to
account to the County Treasurer of the County of Oakland for
the amount of any special assessment installment and
interest when due, the amount thereof shall be advanced
immediately from County funds, and the County Treasurer is
directed to make such advancement to the extent necessary.
3. That in the event that, pursuant to said
pledge of full faith and credit, the County of Oakland
advances out of County funds all or any part of an install-
ment and interest, it shall be the duty of the County
Treasurer, for and on behalf of the County of Oakland, to
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Dane
EBY A7RAVE TH-F FOREGOING RESOLUTION
/
Planning and Building Committee
Date
take all actions and proceedings and pursue all remedies
permitted or authorized by law for the reimbursement of such
sums so paid.
4. That all resolutions and parts of resolutions
insofar as the same may be in conflict with the provisions
of this resolution be rescinded.
Mr. Chairperson, on behalf of the Planning and
Building Committee, I hereby recommend the adoption of the
foregoing resolution.
BORDEN DRAIN
ESTIMATE OF COST
1. CONSTRUCTION COST $ 211,408.00
2. ENGINEERING
Engineering Study,
Design Plans & Specifications $ 32,000.00
3. ADMINISTRATION 7,500.00
4. INSPECTION $ 10,000.00
5. STAKING LAYOUT 8,000.00
6. PUBLISHING 3,000.00
7. RIGHTS-OF-WAY $ 10,000.00
8. BOND COUNSEL 3,500.00
9. FINANCIAL CONSULTANT 2,200.00
10. BOND PRINTING 1,200.00
11. BOND DISCOUNT $ 10,500.00
12. RATING AGENCY SERVICE $ 10,000.00
13. BOND PROSPECTUS 4,000.00
14. CONTINGENCIES $ 44,242.00
TOTAL ESTIMATED COST
BORDEN DRAIN PROJECT $ 357,550.00
LESS CASH PAYMENT MDOT 7,473.00
LESS CASH PAYMENT OAKLAND COUNTY 5,077.00
AMOUNT OF BOND ISSUE $ 345,000.00
Dated: August 3, 1988
Prepared By: William E. Klockow, P.E.
Project Engineer
doy of eptember 1 88
ALLEN, County Clerk/Register of D LYNN
Resolution # 88244 September 122,-1988•
Moved by Hobart supported by Bishop the resolution be adopted.
AYES: S. Kuhn, Lanni, Luxon, A. McPherson, R. McPherson, Moffitt, Page,
Pernick, Rewold, Rowland, Skarritt, Wilcox, Aaron, Bishop, Caddell, Crake, Doyon,
Gosling, Hobart, Jensen, R. Kuhn. (21)
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
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 or said County at Pontiac, Michigan
September -22, 1988
this
AGREEMENT REGARDING CONSTRUCTION
AND PAYMENT FOR COST OF DRAIN
This Agreement is made on the 21st day of JulY •
1988, between the City of Rochester Hills ("the City"), a
municipal corporation, whose address is 1000 Rochester Hills
Drive, Rochester Hills, Michigan 48309, and Golf Concepts, Inc.
("Golf Concepts"), a Michigan corporation,.whose address is
1841 Northfield Drive, Rochester Hills, Michigan 48063.
WHEREAS, the City and Golf Concepts have previously entered
into a Golf Course Lease Agreement dated June 25, 1986, a First
Amendment to Golf Course Lease Agreement, dated August 13,
1986, and Second Amendment to Golf Course Lease Agreement,
dated September 3.1 , 1987 (collectively referred to as "lease
agreement -) under which Golf Concepts is constructing and will
operate a public golf course to be known Pine Trace Golf
Course, on premises owned by the City and described in the
lease agreement; and
WHEREAS, pursuant to the lease agreement, the City may
construct, operate and maintain drainage courses and drainage
improvements on the premises as determined by Hubbell, Roth &
Clark, Inc., consulting engineers, with the cost of
constructing such drainage courses and improvements to be borne
solely by the City; and
WHEREAS, Hubbell, Roth & Clark, Inc. have prepared plans
for a drain known as the Borden Drain, being constructed
pursuant to Chapter 20 of the Drain Code of 1956, and in order
to expedite construction of both the drainage courses and
improvements and the golf course on the premises, the City and
Golf Concepts intend for Golf Concepts, through its golf course
contractor, to construct the drainage courses and improvements;
and
WHEREAS, using the golf course contractor, who is presently
On site, to construct the drainage improvements will result in
substantial savings in construction cost; and
WHEREAS, Golf Concepts is willing to contract, as an
accommodation to the City, for the construction of the drainage
courses and improvements in accordance with the plans prepared
by Hubbell, Roth & Clark, Inc.; and
WHEREAS, the City will be responsible for all payments
under the construction contract, and the construction contract
shall be reviewed by the City and shall provide that the
contractor will maintain insurance coverage and indemnify and
hold harmless the City and Golf Concepts from liability which
may arise in connection with the construction.
NOW, THEREFORE, the City and Golf Concepts agree:
1. Golf Concepts shall, as an accommodation to the City,
contract for the construction of drainage courses and drainage
improvements on the premises described in the lease agreement
in accordance with the plans prepared by Hubbell, Roth &
Clark. The construction contract price shall not exceed
$211,400, which shall be the total cost of constructing the
drainage courses and improvements, and the City shall be
responsible for paying all amounts due under the construction
contract. Golf Concepts shall, upon receipt, remit all
2
invoices for payment due under the construction contract to the
City for payment, and Golf Concepts shall have no liability
whatsoever for any costs or expenses due under or incident to
the construction contract.
2. Prior to the time any construction is commenced, the
final plans and specifications shall be reviewed and approved
by the City and any other governmental agencies as may be
required. All necessary easements, if any, off of the
property, shall be acquired by the City. All necessary
permits, if any, from governmental agencies other than the City
shall be secured by and in the name of the City.
3. Golf Concepts shall have no authority to bind the City
to the construction contract specified herein or to obligate
the City for any cost overruns without first securing the
written consent of the City's Mayor or her authorized agent(s).
4. The construction contract, before it is entered into,
shall be submitted to the City for approval. The construction
contract shall require the contractor to maintain and provide
evidence of insurance coverage in an -amount satisfactory to the
City and Golf Concepts, and to indemnify and hold the City and
Golf Concepts harmless from all liability, costs and expenses,
including attorney fees, arising out of injury or damage to
persons or property sustained in conjunction with the
construction. Furthermore, the City shall indemnify and hold
Golf Concepts harmless from all liability, costs and expenses
3
including attorney fees, incurred in conjunction with the
construction described in and contemplated under this
Agreement, except to the extent Golf Concepts is an active
tortfeasor.
5. Golf Concepts shall require from its contractor a
performance bond and payment bond under the construction
contract for the drainage courses and improvements, which bonds
shall run in favor of both Golf Concepts and the City. Golf
Concepts shall also require from the contractor a two-year
maintenance bond to guarantee the drainage courses and
improvements.
6. ,Once the drainage courses and improvements have been
completed and have been accepted by the Citv, the City shall,
subject to the two-year maintenance bond, assume responsibility
for the continued repair and maintenance of the drainage
courses and improvements.
7. This Agreement shall bind and inure to the benefit of
the parties hereto, their heirs, representatives, successors
and assigns.
8. This Agreement has been entered into in the State of
Michigan and shall be enforceable in accordance with'Michigan
law.
9. This Agreement shall not be modified except in writing
signed by the parties hereto.
4
isa-K. Tenniswood
By:
Michael S. Bylen
Its: (PN-LC:7-1,c)t-.:1
By:
Its:
IN WITNESS WHEREOF, the City and Golf Concepts have caused
this Agreement to be executed by their duly-authorized
on the day and year first above written.
CITY OF ROCHESTER HILLS
officials
,
By:
Billie M. Ireland, Mayor
By:
Keith Sawoon, Clerk
GOLF CONCEPTS, INC.
STATE OF MICHIGAN
COUNTY OF OAKLAND
The foregoing instrument was acknowledged before me
this 22nd day of July , 1988, by mithei_s__Jiyian_g
who is the President _ , and
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