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HomeMy WebLinkAboutResolutions - 1992.02.13 - 20001h4-4T0erson Miscellaneous Resolution 92020 February 13, 1992 BY: Planning and Building Committee IN RE: Central Services/Radio Communications - Contract with the Oakland County Road Commission for a Radio Tower Site - Their Davisburg District Site TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the Board of Commissioners, on MR 90281, 12-13-90, awarded a contract for the construction of an 800 MHz county-wide communication system; and WHEREAS, such a system involves the construction of radio communication towers at various locations throughout the county; and WHEREAS, one of the planned tower sites was to be located on Oakland County Road Commission property, located at 10275 Dixie Hwy., Davisburg, MI; and WHEREAS, the Radio Communications Oversite Committee, created on MR 91247, 12-12-91, has negotiated a contract with the Oakland County Road Commission for use of their property in exchange for use by them of the 800 Mhz tower and microwave system; and WHEREAS, MR 82176, 6-3-82, requires that all intergovernmental agreements be approved by the Chairman of the Board of Commissioners; and NOW, THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached contract with the Oakland County Road Commission and authorizes the chairman of the Board to execute said contract in accordance with MR 82176. BE IT FURTHER RESOLVED that this contract shall also be signed by the County Executive in order to be consistent with other system tower site contracts which do not involve other governments or government agencies. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. JOHN E. OLSEN 'panning and Building Committee I HEREBY APPROVE THE FOREGO NG RESOLUTION c,v274?2,/ iel T. Murphy, County Executi Resolution # 92020 February 13, 1992 erk Moved by Olsen supported by Millard the resolution be adopted. Moved by Olsen supported by Millard the resolution be amended as follows: Delete Paragraph 8 from the proposed contract and the following be substituted therefore: "8. That the County expressly agrees to allow the Board to use said tower, building and related facilities, use of space on five towers and use of eight microwave channels, in perpetuity. There shall be no charge to the Board for the use of such facilities." A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES; McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, Law, McConnell. (25). NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, was adopted. • STATE OF MICHIGAN) COUNTY OF OAKLAND I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February 13,1992 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Countv of Oakland at Pontiac, Michigan this 13th day or) February 1992 ••-''L.I'••••-"...c...c.,• 42\1 • Lynn(0. Allen, County C Jan 29,‘,1' 11:36 No.001 P.02 ROAD, COMM.-LEGAL DEPT. TEL: 313-645 -6277 AGREEMENT RE: COMMUNICATION TOWER D-AVTS6ING DISTRICT THIS AGREEMENT, executed this day of .., 1992, by and between the Board of County Road Commissioners of the County of Oakland, a public body corporate (hereinafter "Board"), whose address is 31001 Lahser, Beverly Hills, Michigan, and the County of Oa'<land, a Michigan constitutional corporation (hereinafter "County"), as represented by its County Executive, provides as follows: WHEREAS, the County has requested that it be permitted to construct, operate and maintain a comunications tower, attendant building and re:ated facilities on certain property owned by the Board; and WHEREAS, the subject property is located at the Bodrd's Davisburg District (42) facility located at 10275 Dixie Highway, Davisburg, MI 48350; and WHEREAS, the County intends that such tower, building and re'4ted facilities, which will replace its existing facilities, will provide significantly improved communication capabilities to various governneotal agencies, resulting in improved services including co2rgency services; and WHEREAS, in the judgment of the County and the Board the construction and operation of such tower, building and related facilities upon the Board's property, subject to the conditions set forth herein, would be in the best interests of the public. NOW. THEREFORE, it is hereby agreed between the parties as follows: 1. That subject to the terms and conditions set forth below, the Board hereby permits the County, its successors, assigns, leasees, licensees and agents to construct, maintain, operate, repair, monitor, replace, reconstruct and remove a communication tower, attendant building and related facilities, in accordance with and as more fully described on attached Exhibit A, upon the Board's Davisburg District property, more fully described on attached Exhibit B; and grants to the County, its successors, assigns, lessees, licensees and agents the right of ingress and egress over and across said property for the purposes set forth herein. TEL: 313 -645 -6277 Jan 29,92 11:36 No.001 P.03 ,ROOD.COMM.-LEGRL DEFT. 2. The County agrees to assume total and exclusive responsibility for the design, construction, maintenance, repair and restoration of the tower, building and related facilities for so long as they may exist. If, for any reason, this Agreement is terminated, the County agrees to remove the tower, building and related facilities and to restore the property where same are to be located, to a condition reasonably similar to that prior to the construction thereof. 3. During construction ard upon completion of the installation of the tower, building and related facilities, the County agrees to save harmless, Indemnify, represent and defend the Board and its employees from any and all claims for bodily injury or property damage or any other claim relating to or arising out of the design, location, construction, maintenance, repair and restoration, operation, use or continuing existence of the tower, building and related facilities. 4. The County shall provice proof of insurance with the coverages and in the amounts set forth in attached Exhibit C, attached hereto; shall cause the Board to be a named insured on all such policies; and shall also require its contractor(s) involved with the construction, maintenance and operation of the tower, building and related facilities to provide same. 5. That the County or its independent contractor(s) shall be solely responsible for obtaining all permits and approvals that may be required by the Township of Springfield, in reference to the proposed construction and operation of the tower, building and related facilities. 6. That the County shall comply with all applicable state and local laws, ordinances and regulations in reference to the proposed construction, maintenance and operation of the tower, building and related facilities. 7. The County hereby agrees to pay the Board the sum of $1.00 for the term of this agreement. 8. That the County expressly agrees to allow the Board to use said tower, building and related facilities and other of the County's communication towers and facilities as described in attached Exhibit 0, in po:petuity. There shall be no charge to the Board for the use of such facilities. 9. The County shall take all appropriate measures to ensure the safety of the site during and after construction. Upon completion of construction or maintenance, the County shall reasonably restore the land to its condition prior to such construction or maintenance. 10. The County shall conduct the permitted activity upon the Board's property in compliance with all applicable federal, state and local statutes, rules and regulations and shall obtain all permits necessary for compliance with said statutes, rules and regulations. 11. The County shall, at its own expense, obtain all necessary permits and licenses required by the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA) and shall be responsible for continual compliance with FCC and FAA rules and regulations. 12. The County may lease or otherwise provide space on the tower to third parties. The County shall ensure that neither its communication system nor any communication systems placed on the tower by third parties will interfere with the operation of the Board's communication system or the rights granted to the Board pursuant to Paragraph 8, above. 13. The parties, at their own expense, shall promptly and duly execute and deliver to the other party such further documents and assurances and take such further action as such other party may from time to time reasonably request in order to more effectively carry out the intent and purpose of this Agreement. 14. Except as specifically provided in this Agreement, nothing contained herein shall be construed to limit or otherwise alter the rights and interests of the Board in its property. 15. That the term of this Agreement shall commence upon the date first written above and shall continue for a period of 25 years; and shall be renewed automatically for additional 10 year periods, unless written notice of intent not to renew is provided by either party, to the other party, not less than 1 year prior to the expiration of the term of the on agreement, or any renewal thereof. Jan 29,92.11:36 No.001 P.05 a ,RoRD-COMN.-LEGAL DEPT. TEL: 313-645 -6277 . 4.6 • 16. This AgreeNnt shall inure to the benefit of and be binding upon the parties hereto and their respective successors, agents and assigns. 17. This Agreement shall be effective as of the date first written above. WITNESSES: BOARD OF COUNTY ROAD COMMISSIONERS OF THE COUNTY OF OAKLAND BY: It s : COUNTY OF OAKLAND, a Michigan Constitutional Corporation BY: I ts NOTE: Contract Exhibits are Available in the Program Evaluation Office Amendment to MR BY: John E. Olsen, Commissioner IN RE: Central Services/Radio Communications - Contract with the Oakland County Road Commission for a Radio Tower Site - Their Davisburg District Site TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, Exhibit D to the proposed contract contains details, prepared by Westin Engineering, Inc., of the use of the County towers and microwave system granted to the Road Commission in exchange for the use of their property, as well as details for the sale of certain radios to the Road Commission; and WHEREAS, it was agreed between the parties that the purchase of radios would be a separate arrangement and that the use of five towers and eight microwave channels, sufficient to correct the problems in their present system, would be just compensation in lieu of rent for the land. NOW, THEREFORE BE IT RESOLVED that paragraph 8 be deleted from the proposed contract and the following substituted therefore: 8. That the County expressly agrees to allow the Board to use said tower, building and related facilities, use of space on five towers and use of eight microwave channels, in perpetuity. There shall be no charge to the Board for the use of such facilities. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. JOHN E. OLSEN F &2.„,)