HomeMy WebLinkAboutResolutions - 1992.06.11 - 20246Mr. Chairperson, I move adoption of the foregoing resolution.
I HEPr- T!!-_- FOREGOING RESOLUTION
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Danid 1. uI flJ Uecutivel Date E. Olsen, Commissioner
trict No. 17
Miscellaneous Resolution 92120 June 11, 1992
BY: John E. Olsen, Commissioner District No. 17
IN RE: Central Services/Radio Communications-800 MHZ County-Wide
Communications System-Rochester Hills City Property
Contract
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS:
WHEREAS, the Board of Commissioners by MR 90281 on
December 13, 1990, awarded a contact 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 is to be located in
the City of Rochester Hills at 1000 Rochester Hills Drive,
Rochester Hills, Michigan; and
WHEREAS, the Radio Communications Oversight Committee, created
by MR 91247 on December 12, 1991, has negotiated a contract with
the City of Rochester Hills for use of its property in exchange for
the use by the City of the tower for the City's communication; and
WHEREAS, the Planning and Building Committee has reviewed and
approved the aforementioned contract; and
WHEREAS, MR 82176 requires that all intergovernmental
agreements be approved by the Chairman of the Board of
Commissioners.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached contract with the City of
Rochester Hills 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.
4/30/92
COMMUNICATIONS TOWER AGREEMENT
This Agreement, is entered into on , 1992
between the City of Rochester Hills (the "City"), a Michigan
municipal corporation, whose address is 1000 Rochester Hills
Drive, Rochester Hills, Michigan 48309, and the County of
Oakland (the "County"), a Michigan Constitutional corporation,
whose address is , Michigan
WHEREAS, the County has requested the City's permission to
install, operate and maintain a communications tower, equipment
building and related facilities on certain property ("the
subject property") owned by the City; and
WHEREAS, the subject property is the location of the City's
municipal and administrative offices; and
WHEREAS, the County intends and represents that the
proposed tower, building and related facilities will replace
the County's existing communications facilities, and will
significantly enhance the County's communications capabilities
to various governmental agencies, resulting in improved public
services including emergency services; and
WHEREAS, utilization of the proposed tower by the City will
allow the City to avoid the necessity and expense of having to
improve or replace the City's existing communication tower and
related facilities; and
WHEREAS, in the City's and County's judgment, the public's
best interests will be served and public funds will be more
efficiently utilized if the County is permitted to construct
the proposed tower, equipment building and related facilities
on the subject property, and if the City is permitted to
utilize the tower.
NOW THEREFORE, in consideration of the mutual promises,
responsibilities and obligations set forth herein, the City and
County agree:
1. Grant of License. Subject to, and conditioned upon,
the County's continued conformance to and fulfillment of the
terms and conditions set forth in this Agreement, the County
shall be, and hereby is, granted a license allowing the County
to install, operate and maintain on the subject property a
radio transmission tower, equipment building and related
facilities in accordance with, and as are more fully described
on, the site plan attached as Exhibit "A." Except as
specifically provided in this Agreement, nothing contained
herein shall be construed to lessen or otherwise alter the
City's rights and interest in the subject property.
2. County Responsibility; ComPliance With Laws. During
the term of this Agreement and any extensions thereof, the
County shall have full and exclusive responsibility for the
design, installation, operation, use, maintenance, repair,
replacement and/or removal of the tower, equipment building and
related facilities. The County shall perform and conduct
design, installation, operations, maintenance, repair,
replacement, and/or removal of the tower, equipment building
and related facilities in a neat and workmanlike manner
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consistent with good engineering practices. The County shall
undertake all appropriate measures to ensure the safety of the
site during and following installation. The County shall
conform with, and remain subject to, all applicable federal,
state and local laws, ordinances, regulations, rules, and
requirements relating to the design, installation, operation,
use, maintenance, repair, replacement and/or removal of the
tower, equipment building and related facilities, and the
County shall apply for and obtain any necessary permits and
approvals required thereby.
3. Replacements. The County may from time to time replace
any of the facilities to be installed with new or different
facilities with the same or different specifications, provided
that the replacement otherwise conforms to this Agreement and
all applicable federal, state and local laws, ordinances,
regulations, rules and requirements, and further provided that
with respect to the tower an equipment building no
replacements shall exceed the height, length and width
dimensions shown on the approved site plan unless prior
approval is obtained from the City.
4. Electric Service. The County shall not utilize
electric power supplied by the City's existing transformer
located on the subject property. Electric service for the
tower, equipment building and related facilities shall be
provided through a new transformer and meter to be installed by
the County. The County shall be solely responsible for the
cost of such electric service, transformer and meter.
5. City's Use of County Tower. The City shall have the
right, free of charge, to use the tower and related facilities
installed by the County in order to conduct communications
operations for public health, safety and other legitimate
municipal government functions. This right of use shall
include "repeater capability." The City's existing
communications system shall be relocated by, and at the expense
of, the County to the County tower, with no reduction in the
City's transmittal or receiving capabilities. During
relocation, the County shall minimize the time that the City's
communications system is down. If it becomes necessary for the
City's communications system to be down for more than a minimal
amount of time, then the County shall, at no cost to the City,
provide the City with a temporary communications system.
Additionally, the County shall relocate two (2) 6db station
master antennas from the City's existing tower to the new
County tower and shall wire them to the radio room, and two (2)
3db station master antennas shall also be installed and wired
by the County to the radio room for the City's use. During and
subsequent to the installation of the County tower, the County
and the City shall each undertake any reasonable measures
necessary to prevent and remove any interference with the
other's communications.
6. Equipment Building Use By City. The County shall, free
of charge to the City, design and construct the equipment
building to provide a by locked, fully -enclosed space
for the City's use for storage purposes.
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7. Removal of City Tower.. Once the County's tower is
installed and operational, the County shall, at its sole cost,
dismantle and remove the City's existing communication tower
and related facilities located on the subject property. The
City shall be entitled to any proceeds from salvage or re-sale
of the City tower and related facilities.
8. Indemnification. The County shall hold harmless,
indemnify, represent and defend the City, its elected and
appointed officials, employees, volunteers and agents from and
against any and all claims, demands, suits, liability, or loss,
including all costs and/or damages connected therewith, for
death, personal injury or property damage or any other claim
relating to or arising out of the design, location,
construction, operation, use, maintenance, repair, or
replacement of the tower, equipment building and related
facilities, except in regard to those claims which arise out of
the sole negligence of the City, its officials, employees,
volunteers or agents.
9. Insurance. Throughout the term of this Agreement and
any extensions thereof, the County shall carry the following
insurance coverages. Insurance limits may be adjusted from
time to time by mutual consent of the City and County, but in
no instance shall the limits be less than those set forth
below. In addition, the County shall require any contractors
involved in the installation, operation, maintenance, repair or
replacement of the tower, equipment building and related
facilities to carry like insurance.
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A. Workmen's Compensation Insurance: Worker's
compensation insurance, including employer's liability
coverage, shall be in accordance with all applicable
statutes of the State of Michigan.
B. Commercial General Liability Insurance:
Commercial general liability insurance on an "occurrence
basis" with limits of liability not less than $3,000,000
per occurrence and/or aggregate combined single limit,
personal injury and property damage. Coverage shall
include the following extensions: (i) contractual
liability; (ii) products and completed operation; (iii)
independent contractor's coverage; (iv) broad form general
liability extensions or equivalents; and (v) deletion of
all explosion, collapse and underground exclusions.
C. Motor Vehicle Liability Insurance: Motor vehicle
liability insurance, including Michigan no-fault coverages,
with limits of liability of not less than $2,000,000 per
occurrence combined single limit for personal injury and
property damage. Coverage shall include all owned,
non-owned and hired vehicles.
D. Additional Insured: Commercial general liability
and motor vehicle coverages, as described above, shall
include an endorsement stating the following shall be
"Additional Insureds": The City of Rochester Hills, all
elected and appointed officials, all employees and
volunteers, all boards, commissions and/or authorities and
board members, including employees and volunteers thereof.
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These coverages shall be primary to the Additional Insureds
and not contributing with other insurance or similar
protection available to the Additional Insureds even though
other available insurance be primary, contributing or
excess.
E. Cancellation Notice: Worker's compensation
insurance, commercial general liability insurance and motor
vehicle liability insurance, as described above, shall
include an endorsement stating that the City shall be given
thirty (30) days advance written notice of cancellation,
. non-renewal, reduction and/or material change in such
coverages.
10. Third Party Use of Tower. The County shall not lease,
or otherwise assign, delegate or convey its rights and
obligations under this Agreement, nor shall the County allow
the tower to be used by third parties, without first obtaining
the City's consent, and subject to such terms and conditions as
the City may require.
11. Term. The term of this Agreement shall be 25 years,
which shall automatically be extended for successive 5 year
periods unless written notice of intent not to renew is
provided by either party, to the other party, at least 1 year
prior to the expiration of the original 25 year term, or any 5
year extension thereof. Upon termination of this Agreement,
the City shall have the option to take-over ownership, control
and possession of, and responsibility for, the tower, equipment
building and related facilities. Otherwise, the County shall,
WITNESSED BY:
upon termination of this Agreement, dismantle and remove the
tower, equipment building and related facilities, and shall
reasonably restore the subject property to its prior
condition.
12. Successors. This Agreement shall inure to the benefit
of, and shall be binding upon, the parties hereto, and their
respective successors subtenants or grantees.
13. Entire Agreement. This Agreement sets forth the
entire agreement of the parties and supercedes any prior
understandings and agreements that may have existed between the
parties. Any amendment or modification of this Agreement shall
be in writing.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed by their duly authorized officers as of the day
and year indicated above.
CITY OF ROCHESTER HILLS
Keith Sawddri, Clerk
COUNTY OF OAKLAND
By:
It s :
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STATE OF MICHIGAN
COUNTY OF OAKLAND
The foregoing instrument was acknowledged before me
on May 8 , 1992, by Billie M. Ireland, Mayor,
and Keith Sawdon, Clerk, of the City of Rochester Hills, on
behalf of the City.
Dolores M.E4116\„...,.., , Notary Public
Oakland County, Michigan
My Commission Expires: 018/22/95
STATE OF MICHIGAN
COUNTY OF OAKLAND
The foregoing instrument was acknowledged before me
on , 1992, by
who is the of the County of Oakland, on
behalf of the County.
, Notary Public
Oakland County, Michigan
My Commission Expires:
6319Y
9
Resolution '92120 June 11, 1992
Moved by Olsen supported by Pappageorge the resolution be adopted.
AYES: Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson,
Krause, Law, McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Obrecht, Olsen,
Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron. (27)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. alien, 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 on Commissioners on June 11, 1992, with the original record
thereof now remaining in may office.
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In Testimony Whereof, I have hereunto set my hand and affixe he seal of the C nty
of Oakland at Pontiac, Michigan this -,1th day of June , 992:c---.\
.4.44.4., . _
Ly D. Allen. County Clerk