HomeMy WebLinkAboutMinutes - 1969.07.17 - 7829157 OAKLAND COUNTY
Board Of Supervisors
MEETING
July 17, 1969
Meeting called to order by Chairman Charles B. Edwards, Jr. at 9:30 A. M. in the County Center
Auditorium, 1200 North Telegraph Road, Pontiac, Michigan.
Roll called.
PRESENT: Aaron, Bawden, Brennan, Edwards, Gabler, Grba, Hamlin, Horton, Noughten, Kasper,
Mainland, Mastin, O'Brien, O'Donoghue, Olson, Patnales, Pernick, Powell, Richards, Richardson, Szabo,
Wilcox. (22)
ABSENT: Benson, Coy, Mathews, Perinoff, Walker. (5)
Quorum Present
Invocation given by Philip O. Mastin, Jr.
Moved by O'Brien supported by Patnales the minutes of the previous meeting be approved as
printed.
A sufficient majority having voted therefor, the motion carried.
Clerk read letter from Keego Harbor City opposing the proposed legislation on the termination
of tax exemptions on municipal bonds. (Placed on file.)
Clerk presented petition signed by sixteen property owners in Hammond Lake Estates Subdivision
requesting this Board and the Road Commission to open a road drain or install a new road drain under
Square Lake Road east of the centerline of Middlebelt Road. (Referred to Public Works Committee.)
Clerk read letter from U. S. Representative William S. Broomfield advising that the House of
Representatives and Senate have agreed to repeal the AFDC freeze. (Placed on file,)
Clerk read communication from Probate Judge Eugene Arthur Moore stating that Oakland County
has been selected as an example of what should be done to help underprivileged and neglected children.
(Placed on file.)
Clerk read resolution from Jackson County authorizing institution of legal action for Jackson
County, or jointly with other affected counties, against the State of Michigan due to the reduction of
the level of reimbursement for patient care at medical care facilities throughout the state. (Referred
to Human Resources Committee.)
Clerk read resolution and letter from the City of Pontiac endorsing improvements on M-59.
(Placed on file.)
Clerk read letter of thanks from the City of Rochester for recognition paid to the Rochester
Centennial in the Oakland County Directory. (Placed on file.)
Clerk read card of thanks from the family of A. H. Olson, Sr. (Placed on file.)
Mr. Patnales read a resolution passed by the Social Services Board stating that they have
decided to devise another method of securing clothing for children entering school, rather than use
of the County clothing store. Mr. Patnales stated that a study will be made of the need for the
county clothing store for children in foster homes and Children's Village.
Misc. 5128
By Mr. Grba
IN RE: FISCAL NOTE - FUNDS FOR SERVICE BUILDING
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
Pursuant to Rule 15 (b) of this Board, your Finance Committee has reviewed the awarding of
the contract for the Service Building in the amount of $2,066,200.00 and finds that there is presently
existing in the County Building Fund, the sum of $2,000,000.00.
It also finds that it is necessary to appropriate an additional $300,000.00 from the 1969
1/10th statutory millage and transfer the said sum of $300,000.00 to the County Building Fund.
Your Committee hereby moves that the sum of $300,000.00 be transferred from the 1969 one
tenth statutory millage, to the County Building Fund for this purpose,
162
Supervisors Minutes Continued. July 17, 1969
Mr. Chairman, on behalf of the Personnel Practices Committee, I move the adoption of the
foregoing resolution.
PERSONNEL PRACTICES COMMITTEE
William L. Mainland, Chairman
James Mathews, James M. Brennan, Dennis M, Aaron
Delos Hamlin, Fred D. Houghten
Moved by Mainland supported by Richardson the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5136
By Mr. Olson
IN RE: LEASE FROM WALLED LAKE CITY FOR 52ND DISTRICT COURT, FIRST DIVISION
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Act 154 of the Public Acts of 1968 created the District Court System in the State
of Michigan, and
WHEREAS the County of Oakland is the control unit for the 52nd District, and
WHEREAS the County as the control unit must supply suitable facilities for the District Court,and
WHEREAS the City of Walled Lake has agreed to construct suitable facilities to be leased by
the County for the First Division of the 52nd District Court, and
WHEREAS the lease is for a period of five years at an annual rental of $5.50 per square foot,
at a total cost of approximately $15,000.00,
NOW THEREFORE BE IT RESOLVED that the County of Oakland agrees to lease, in accordance with
the terms of the lease which is attached hereto and made a part hereof, from the City of Walled Lake,
certain facilities to be used for the First Division of the 52nd District Court of Oakland County; and
that the Chairman and Clerk of this Board be and they are hereby authorized to execute such lease on
behalf of the County of Oakland.
Mr. Chairman, on behalf of the Planning, Zoning and Building Committee, I move the adoption
of the foregoing resolution.
PLANNING, BUILDING AND ZONING COMMITTEE
Niles E. Olson, Chairman
William L. Mainland, Carl W. O'Brien
E. Frank Richardson, Paul E. Kasper
LEASE
THIS LEASE made and executed this day of , A. D. 1969, between the CITY OF WALLED LAKE
a Michigan Municipal Corporation, hereinafter referred to as the "CITY" and the COUNTY OF OAKLAND, a
Michigan Constitutional Corporation, hereinafter referred to as the "COUNTY";
WITNESSETH:
WHEREAS, the COUNTY desires to acquire the use of a Municipal Building to house the District
Court for the 52nd District, First Division, Oakland County, Michigan, including court room, offices
and the incident Court facilities, and the CITY is willing to acquire and construct said building
through proper arrangement with the Walled Lake Building Authority, a public corporation organized under
the authority of Act 31 of the Public Acts of Michigan for 1948, Fit-qt. Extra Session, as amended; and
WHEREAS the site for said building is upon the western portion of land now known as the City
Hall premises of the CITY, and upon which site the said building will be constructed in accordance with
the schematic drawings prepared by Patrick H. Corcoran, Architect, of Franklin Village, Michigan; and
WHEREAS as a prerequisite to the issuance of Revenue Bonds by the said Walled Lake Building
Authority, it is advisable for the parties to enter into a firm Lease whereby the CITY will lease from
the Building Authority the said building, and lease the same to the County;
NOW THEREFORE IT IS AGREED BY AND BETWEEN THE PARTIES HERETO, for and in consideration of the
agreements and covenants of each party and moneys to be paid as rental, as follows:
1. The CITY will, on or before , 19 , enter into arrangement with the Walled Lake
Building Authority to provide for the construction of the building on the site described in the preamble
hereto, to be constructed and completed for use on or about , 19 , in accordance with the
plans and specifications prepared by the aforesaid Architect. COUNTY to approve plans and specifications.
2. In consideration of the rentals and other terms and conditions herein specified, the CITY
does hereby let and lease to the COUNTY the building to be constructed and the site upon which it is
located, TO HAVE AND TO HOLD for a term commencing on the day of , 1970, and ending on a
day five (5) years from the date of commencement.
3. The annual rental to be paid by the County shall be $5.50 per square foot, payable on the
1st day of , 19 , and quarterly each quarter thereafter or on a pro-rated basis agreeable
to both parties.
4. The CIfY, at its own expense during the term of the within Lease, shall maintain and keep
in repair the building and site, which shall be deemed to include light, water, heat and other utility
services, cleaning, janitorial and caretaker services, insurance premiums for fire and extended coverage
except telephones.
5. The COUNTY, at its own expense, shall furnish such furniture and incident furnishings and
equipment as it deems advisable, and which shall be maintained and repaired by the COUNTY and remain in
its ownership and possession. The CITY will provide carpeting, drapes and built-in items.
Supervisors Minutes Continued. July 17, 1969 163
6. The COUNTY covenants and agrees that it will not permit the use of the leased premises in
any manner that will substantially increase the rate of insurance thereon, or for any purpose that will
result in a violation of local, state or federal laws, rules or reguiations now or hereafter in force
and applicable thereto, and shall keep the CITY harmless and idemnified at all times against loss, cost,
damage or expense by reason of any accident, loss, casualty or damage resulting to any person or property
through any use, misuse, or non-use of said premises, or by reason of any act or thing done or not done
on, in or about said leased premises or in relation thereto.
7, The COUNTY further covenants that if it continues to be the District Control Unit with
reference to said 52nd District Court, First Division, it will renew this lease upon the same terms and
conditions, first for a renewal term of five (5) years and, secondly, if still the district control unit,
for a second renewal term of five (5) years.
8, The leasehold rights, duties and obligations of the COUNTY as specified in this Lease, shall
not be assigned nor sublet in whole or in part without the written assent of the CITY, such assent shall
not be withheld if the COUNTY is required to remove the 1st Division of the 52nd District Court to another
municipality in said District.
9. The CITY, its agents or employees, shall have the right at all times of entering upon the
leas.-cl premises for the purpose of inspecting said property and determining whether all of the terms,
agrc•ments, covenants and conditions herein contained are being complied with.
10. Should the Walled Lake Building Authority be unable to construct the proposed building to
be leased hereby, this Lease shall be terminated and of no further effect; otherwise the CITY covenants
that the COUNTY, upon compliance with the terms of this tease, shall and may peacefully and quietly
have and hold and enjoy the leased premises for the terms herein provided,
IN WITNESS WHEREOF, the said City of Walled Lake, Michigan, by authority of its City Council
dated executes the foregoing instrument.
WITNESS: CITY OF WALLED LAKE, a Michigan Municipal Corporation
By
Its Mayor, and
City Clerk
COUNTY OF OAKLAND, a Michigan Constitutional Corporation
By
Charles B. Edwards, Jr. Chairman,
and
ynn D. Allen, Clerk of its Board of Supervisors
STATE OF MICHIGAN),s
COUNTY OF OAKLAND)u
On this day of , 19 , before me, a Notary Public in and for said County, personally
appeared Charles B. Edwards, Jr., and Lynn D. Allen who, being by me duly sworn, did each for himself say
that they are the Chairman and Clerk of the Board of Supervisors of the County of Oakland, the corporation
named in and which executed the within lease, and that said lease was signed and sealed on behalf of
said Corporation by authority of its Board of Supervisors by Miscellaneous Resolution No. dated
and the said Charles B. Edwards, Jr. and Lynn D. Allen acknowledge said lease to be the free act and
deed of said corporation.
My commission expires Notary Public, Oakland County, Mich.
Moved by Olson supported by Mastin the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5137
By Mr, Olson
IN RE; LEASE OF FACILITIES FOR 3RD DIVISION, 52ND DISTRICT COURT-ROCHESTER CITY
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS Act 154 of the Public Acts of 1968 created the District Court System ir the State of
Michigan, and
WHEREAS the County of Oakland is the control unit for the 52nd District, and
WHEREAS the County as the control unit must supply suitable facilities for the District Court,and
WHEREAS the"134 West University Company" of Rochester, Michigan, has agreed to lease facilities
to the County of Oakland for the 3rd Division of the 52nd District Court of Oakland County, and
WHEREAS the lease is for a period of five (5) years at an annual rental of $1,125.00 per month
based on 3000 square feet of area, at a total cost of approximately $13,500.00 per year;
NOW THEREFORE BE IT RESOLVED that the County of Oakland agrees to lease in accordance with the
terms of the lease, a copy of which is attached hereto and made a part hereof, from the "134 West
University Company" facilities to be used for the Third Division, 52nd District Court of Oakland County;
and that the Chairman and Clerk of this Board be and they are hereby authorized to execute such lease
on behalf of the County of Oakland.
Mr. Chairman, on behalf of the Planning, Zoning and Building Committee, I move the adoption of
the foregoing resolution.
PLANNING, BUILDING AND ZONING COMMITTEE
Niles E. Olson, Chairman
William L. Mainland, E.Frank Richardson,Paul E. Kasper
164
Supervisors Minutes Continued, July 17, 1969
134 W. UNIVERSITY COMPANY
THIS LEASE, made this 17th day of July, 1969, between 134 W. University Company as "Landlord"
and "Lessor", and County of Oakland, Michigan, hereinafter referred to as "Tenant".
It is mutually covenanted and agreed by and between the parties hereto as follows, to-wit:
DESCRIPTION:
1. Landlord, in consideration of the rents to be paid and the covenants and agreements to be
performed by Tenant, does hereby demise and lease unto Tenant premises in the 530 Pine Street Building,
located in the City of Rochester, Michigan, and more particularly described as follows:
Suites 7, 8, 9.
TERM:
2. The term of this lease shall be for five (5) years from and after the date of commencement
of the term of this lease as hereinafter provided.
RENT:
3. During the continuance of this lease, Tenant shall pay to Landlord guaranteed rentals in
lawful money of the United States as follows:
(a) Guaranteed rental at the rate of $1,125.00 dollars per month, payable in advance on the
first day of each month during the term of this lease. The above rental rate is based on 3000 square
feet of area, which includes all the outside wall and one-half the common walls.
(b) Any installment of rent accruing hereunder and/or any other money payable hereunder by
Tenant to Landlord not paid when due, shall bear interest at the rate of seven (7%) percent per annum
from the date when the same shall become due and payable until same shall be paid.
(c) Tenant shall pay any amounts to which Landlord is entitled hereunder by check payable
and addressed as follows:
134 W. University Company
134 W. University
Rochester, Michigan
Payment by check shall not be deemed as payment under this lease unless such check is honored forthwith
by the bank upon which it is drawn when presented for payment. All payments of rent or other sums to
be made to Landlord shall be made at such place as Landlord shall designate in writing from time to time.
COMMENCEMENT OF TERM:
4. Tenant's obligation to pay rent shall commence on the date when the premises are ready for
occupancy by Tenant. The demised premises shall be deemed ready for occupancy by Tenant when the Land-
lord has substantially completed the construction of said premises in accordance with all lawful
statutes, ordinances or governmental regulations affecting said premises. If Tenant's obligation to
pay rent begins on a day other than the first day of a month, the term of this lease shall begin on
the first day of a month immediately following the date on which Tenant becomes obliged to pay rent,
and Tenant shall pay rental for the fractional month on a per diem basis (calculated on the basis of a
thirty (30) day month) until the date of commencement of the term of this lease.
TENANT'S UNDERTAKING:
5. Tenant hereby hires the said premises for said term as above mentioned and covenants well
and truly to pay or cause to be paid to Landlord at the date and times above mentioned, the rent above
reserved, and to perform within the times herein set therefor all of the other obligations, covenants
and agreements to be performed by Tenant.
COMMON AREAS:
6. Landlord, at its sole cost and expense, shall hard surface, properly drain, adequately
light a parking area, or areas, together with the necessary access roads, having a minimum capacity
for one hundred twenty-five (125) passenger automobiles. Landlord hereby grants to Tenant and Tenant's
employees, agents, customers and invitees the right, during the term hereof to use in common with others
entitled to the use thereof, the parking area, or areas, and properly designated access roads within
the limits of the plaza. Landlord shall operate, manage and maintain all parking areas, roads, sidewalks
landscaping and drainage and lighting facilities within the plaza. The manner in which such areas and
facilities shall be maintained and the expenditures therefor, shall be at the sole discretion of
Landlord and the use of such areas and Facilities shall be subject to such reasonable regulations as
Landlord from time to time shall make. Landlord, in its sole and uncontrolled discretion, may close
all or any portion of the common areas or facilities to such extent, as in the opinion of Landlord's
counsel, may be legally necessary or sufficient to prevent a dedication thereof to the public or the
accrual of any rights to any person therein.
ASSIGNMENT AND SUBLETTING:
7. Tenant covenants that neither it nor others having the Tenant's estate in the premises
shall assign or transfer this lease or any interest therein or hypothecate or mortgage the same or any
interest therein or sublet said premises or any part thereof without the written consent of Landlord;
and any such assignment, transfer, hypothecation, mortgage or subletting without said written consent,
whether voluntary or by operation of law, shall give Landlord the right, at its option, to terminate
this lease, and to re-enter and repossess the leased premises.
RIGHT TO MORTGAGE:
8. This lease shall be subordinate to any mortgage or trust deed now or hereafter encumbering
the demised premises, and to any and all advances to be made thereunder, interest thereon, and all
renewals, replacements and extensions thereof, provided the mortgagee or trustee named in such mortgages
or trust deeds agrees, in the event of a foreclosure, to recognize the rights of Tenant under this
lease while Tenant is not in default in the performance of the obligations on its part to be performed
hereunder. Notwithstanding any provision herein contained, any mortgagee or trustee, at its election,
by notice in writing delivered to Landlord and Tenant shall be entitled to have this lease treated as
prior to the lien of its mortgage or trust deed, whether or not this lease is dated prior or subsequent
to the date of such mortgage or trust deed.
Supervisors Minutes Continued. July 17, 1969
USE AND PURPOSE:
9. Tenant covenants that the said premises shall be used and occupied only as a County court
facility and for no other purpose or purpen:, without the written consent of Landlord, and that the
premisfa will not be used for any purpose in violation of any law, municipal ordinance or regulation.
On f ,naanh er this covenant, Landlord, at its option, may terminate this lease forthwith and re-enter
and rc a• -aa -s the leasJd preMises. Tenant shall conduct its business at all times in a high class and
reputable manner. leraiat -hall promptly comply with all laws, ordinances and lawful orders and
regulations affecting the premises hereby leased, in the cleanliness, safety, occupation and use of
same. No auction, bankruptcy, fire, liquidation or going out of business sale may be conducted in the
demised premises without the written consent of Landlord. Tenant shall not use the sidewalks adjacent
to the demised premises for business purposes.
DAMAGE BY FIRE, ETC.:
10. If the premises hereby leased shall be damaged or destroyed in whole or in part by fire,
windstorm, or other casualty included in the perils covered by standard fire insurance policies with
extended coverage, malicious mischief, and vandalism endorsements, Landlord will repair and restore the
same to a good tenantable condition with reasonable dispatch, and the rent herein provided for shall
abate entirely in case the entire premises are untenantable and pro rate for the portion rendered
untenantable, in cue part only is untrue :•±11 , Tenant paying during such time the portion of rent
that the part tenanri;Lie shall bear to tI ire premises hereby demised until the same shall be
restored to a tenani.able condition. IC Terra shall fail to adjust its own insurance within a reasonable
time, and as a result thereof the repairing and restoration is delayed, there shall be no abatement of
rental duriny the period of such resulting delay. There shall be no abatement of rental if the premises
are rendered untenantable for any cause other than damage by fire, windstorm, or other casualty described
above. If Tenant shall use any part of the leased premises for storage during the period of repair, a
reasonable charge shall be made therefor against Tenant. In the event the leased premises, or the
building of which they are a part, shall be damaged or destroyed to the extent of more than one-half of
the value thereof, the Landlord may, at its option, terminate this lease forthwith by a written notice
to Tenant. Landlord shall not be obliged to commence repair or restoration of the premises unless and
until Tenant, at its sole cost, and cexpense. has removed all rubbish and debris and redelivered the
premises to Landlord broom clean and Fria ia all rubbish and debris. On demand of Landlord, Tenant
shall remove from the premises at its sole cost and expense, any of its property, (including furniture,
fixtures, equipment and stock in trade) which might otherwise impede or obstruct repair or restoration
of the premises, and Landlord shall not he obliged to commence repair or restoration of the premises
until such property has been so removed by Tenant. Should Tenant neglect, fail or refuse its aforesaid
property, or the aforesaid rubbish or debris within ten (10) days after such damage or destruction of
the premises, the provisions for abatement of rental contained herein shall be suspended and of no
operative force or effect whatsoever until Tenant has completed removal of its aforesaid property and
the aforesaid rubbish and debris.
If fifty (50 0/) percent or more of the rentable area of 530 Pine Street Building shall be
damaged or destroyed by fire or other cause or casualty, and without regard to whether or not the leased
premises may be affected by such fire or other cause or casualty, Landlord, at its election, may cancel
and terminate this lease by ten (10) days notice in writing delivered to Tenant within sixty (60) days
from and after the occurrence of such damage or destruction to the building.
INSUKANCE:
11. Tenant shall not use or permit the demised premises to be used in any manner which will
invalidate any policies of insurance now or hereafter carried on the demised premises and/or the
improvement thereon. Tenant shall not keep, use, sell or offer for sale in or upon the leased premises
any article which may be prohibited by the standard form of fire insurance policy. Tenant shail save
Landlord harmless from any liability for damages to any person or property upon or about the demised.
premises, from any cause whatsoever. Tenant shall procure at its own expense with insurers satisfactory
to Landlord, public liability insurance for the benefit of Landlord in the sum of $1,000,000, for damages
resulting to one person, $1,000,000 for dJmages resulting from one casualty and $50,000 for property
damages. Tenant shall keep such insuranct in force during the term hereof, and shall deliver the
policies to Landlord. Upon failure of Tenn-f so to do, Landlord may (but without any obligation therefor)
obtain such insurance and charge the cost lUnereof to Tenant as additional rental, with the remedies for
non-payment as herein provided.
WAIVER OF SUBROGATION:
12. Each party hereto does hereby release and discharge the other party hereto, and any officer,
agent, employee or representative of such party of and from any liability whatsoever hereafter arising
from loss, damage or injury caused by fire or other casualty for which insurance permitting waiver of
liability and containing a waiver of subrogation is carried by the injured party at the time of such
loss, damage or injury to the extent of any recovery by the injured party under such insurance.
MAINTENANCE:
13. Landlord shall keep the outer walls and roof, common stairways, hall and elevators of the
demised premises in good repair, except that Landlord shall not be called on to make any such repairs
occasioned by any act or negligence of Tenant, its agents, or employees, except to the extent that
Landlord is reimbursed therefor under any policy of insurance permitting waiver of subrogation in
advance of loss. Landlord shall not be called upon to make any other improvements or repairs of any
kind upon said premises and appurtenances, and said premises and appurtenances shall at all times be
kept in good order, condition and repair by Tenant. Tenant shall not perform any acts or carry on any
practices which may injure the leased premises or be a nuisance or menance to other tenants. Tenant
shall keep the premises in a safe and sanitary condition in accordance with the laws of the State of
Michigan, and in accordance with all directions, rules and regulations of the health officer, fire
marshal, building inspector or other proper officers of governmental agencies having jurisdiction at
the sole cost and expense of Tenant, and Tenant shall comply with all requirements of laws, ordinances
165
166
Supervisors Minutes Continued. July 17, 1969
or governmental orders affecting said premises. Tenant shall permit no waste, damage or injury to said
premises. At the expiration of the tenancy created hereunder, Tenant shall surrender the premises in
goeu condition, reasonable wear and tear, loss by fire or other unavoidable casualty excepted. Any
provision of this lease to the contrary notwithstanding, there shall be no obligation on the part of
the Tenant to comply with any of the laws, directions, rules and regulations referred to which may
require structural alterations, structural changes, structural repairs, or structural additions, unless
made necessary by act or work performed by Tenant, in which event Tenant shall comply at its expense.
ALTERATIONS:
14. Tenant shall not alter, improve or remodel the leased premises without the written consent
of Landlord. Any alterations, additions, improvements and fixtures, other than trade fixtures, which
may be made or installed by either of the parties hereto upon the premises and which in any manner are
attached to the floors, walls or ceilings, shall be the property of Landlord and at the termination of
this lease shall remain upon and be surrendered with the premises as a part thereof, without disturbance,
molestation or injury. Any linoleum or other floor covering which may be cemented or otherwise affixed
to the floor of leased premises shall be and become the property of Landlord. Tenant shall not install
any exterior lighting, plumbing fixtures, shades, awnings, or exterior decorations or paintings, or
build any fences or make any changes to the exterior without the written consent of Landlord.
ADVERTISING:
15. Tenant shall not erect or install any exterior or interior signs, advertising media,
lettering, or placards without the written consent of Landlord. Tenant shall not change the advertised
name of the business operating in the leased premises without the written consent of Landlord,
EMINENT DOMAIN:
16. If the whole of the leased premises shall be taken by any public authority under the
power of eminent domain, then the term of this lease shall cease as of the day possession shall be
taken by such public authority and the rent shall be paid up to that day with a proportionate refund
by Landlord of any prepaid rent. If the whole of the parking area of the building shall be taken by any
public authority under the power of eminent domain, then the term of this lease shall cease as of the
day possession shall be taken by such public authority; provided, however, that this lease shall
continue in full force and effect if, within ninety (90) days after such taking Landlord provides other
parking facilities abutting the building with a ratio substantially equal to the previously existing
ratio between the parking area and the store and office area. If less than the whole but more than
twenty-five percent (25A of the leased premises shall be taken under eminent domain, either party
shall have the right to terminate this lease and declare the same null and void by notice in writing
delivered to the other party within ten (10) days after such taking. If neither party elects to
terminate this lease, Tenant shallcontinue in possession of the remainder of the leased premises, and
all of the terms of this lease shall continue in full operative force and effect, except that the
minimum rent be reduced in proportion to the value of the premises taken, and Landlord, at its own
cost and expense, shall make all repairs or alterations to the building necessary to constitute the
remaining premises a complete architectural unit substantially like the original leased premises.
All damages awarded for any taking under the power of eminent domain, whether for the whole or a part
of the leased premises, shall belong to and be the property of Landlord whether such damages shall be
awarded as compensation for diminution in value to the leasehold or to the fee of the premises; provided
however, that Landlord shall not be entitled to any award made to Tenant for loss of business or
removal of stock and fixtures.
UTILITY CHARGES:
17. Tenant shall be solely responsible for and promptly pay all charges for light bulbs,
fluorescent tubes or any utility used or consumed in the leased premises. In no event shall Landlord
be liable for an interruption or failure in the supply of any utilities to the leased premises.
ACCESS TO PREMISES:
18. Landlord shall have the right to enter upon the leased premises at all reasonable hours
for the purpose of inspecting the same. If landlord deems any repairs necessary, it may demand that
Tenant make the same, and if Tenant refuses or neglects forthwith to commence such repairs and complete
the same with reasonable dispatch, Landlord may make or cause such repairs to be made and shall not be
responsible to Tenant for any loss or damage that accrue by reason thereof. If Landlord makes or
causes such repairs to be made, Tenant will forthwith on demand pay to Landlord the cost thereof as
so much additional rental.
LANDLORD'S ADVANCES:
19. If Tenant shall default in any payment or expenditure other than rent required to be
paid or expended by Tenant under the terms hereof, Landlord may, at its option, make such payment or
expenditure, in which event the amount thereof shall be payable as rental to Landlord by Tenant on
the next ensuing rent day, together with interest at seven percent (7A per annum from the date of
such payment or expenditure by Landlord until repayment thereof. On default in such payment, Landlord
shall have the same remedies as an default in payment of rent.
NON-LIABILITY OF LANDLORD:
20. Landlord shall not be responsible or liable to Tenant for any loss or damage that may
be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part
of the premises adjacent to or connected with the premises hereby leased or any part of the building
of which the leased premises are a part. Tenant shall be solely responsible for all injuries to
persons and property resulting from any accident, explosion, leak or other cause arising in or about
the use of the said premises and its appurtenances, as hereinbefore stated, and it will not hold Land-
lord responsible for any loss or damage caused through accident or injury of any kind resulting from
leaks, explosions, etc. from the premises adjoining or above or beneath those herein demised.
ety (90) days prior to the termination of this lease, landlord
Supervisors Minutes Continued, July 17, 1969 167
Landlord shall not be responsible for any loss or damage resulting to Tenant or its property or to
any other person or persons or their propa:ty which may be caused by the bursting, stopping or leaking
of water, gas, eerder or strea eie, or frkel ee -e-ficia or backing up of any sewer or water main.
21. Ae:thing ir thi. aaoe ) 1 1 1,.. a 1,cero notwithstanding, Landlord shall not be deemed in
default with vo cswa r a..j. •;f .:1 H:.,1;t;:n on its part to be performed under this lease
if such delaa;i. sea:1 be jae to aid, srei;ae, lcieladu, civil cormotion, war-like operation, invasion,
rebellion, hostilities, military or usurped power, eebotage, governmental regulations or controls,
inability to obtain any material, service, or through act of God or other cause beyond the control of
Landlord.
RULES AND Rf.c,iltf.'IONS:
22. Tenaat cree•hanrs eed agro--
(a) Al; 1.eia ,,e and unload -
through the entraroaea d:/aer .a:ee 1
(b) The
premises shall be
for the proper op.
(c) Ali
and shall be pla(ee •
and places :n led
refuse and ge-har,_,
any of Tenant's rafuse or
(d) No radio, tcl-
in each instance, Landlord's ont in writ
walls of the premises, or on the grounds,
Any aerial so installed without auch written
time.
(e) No lot television: ,
manner so as to be heard or , n ,utside ,rf
(f) Tenant sl -ep the premis-
of water in pipes and fixt,aea.
(g) Tenant and Tenant's employees shall park their cars only in those portions of the parking
area designated for that purpose by Landlord. Tenant shall furnish Landlord with automobile license
numbers assigned to Tenant's car or cars and cars of Tenant's employees within five (5) days after such
changes occur.
(h) The piemi
are construc!ed, no Frr
lease('
relus,
imi ii d,vi.e. shall be irise'!ed without first obtaining
No adrial shall be (Leced on the roof or exterior
In earh instance, the written consent of Landlord.
::nsent shell be subject to removal without notice at any
•hail be done only at such times, in the areas, and
ae by Landlord,
ehandise, supplies and fixtures to and from the leased
ions as in the judgment of Landlord are necessary
aid the building.
of in the kind of container specified by Landlord,
rellection in the manner and at the times
)r designate a service for picking up
fanant shall pay the cost of removal of
aphs, radios or other devices shall be used in a
without the written consent of Landlord.
ea . lamperature sufficiently high to prevent freezing
hall net i)e used for any other purpose than that for which they
41c ,: of any kikd all he thrown therein, and the expense of any breakage,
stoppage, or damage resulig from .. violation of i.ea5 provision shall be borne by Tenant.
(0 Tenant shell use at Landlord's cost auch pest extermination contractor as Landlord may
direct and at such intervals as Landlord way require.
(j) Tenant shall not burn any trash or garbage of any kind in or about the leased premises.
(k) Landlord reserves the right from time to time to amend or supplement the foregoing rules
and regulations, and :e ad, ; nd promulgate additional rules and regulations applicable to the leased
Premises. Notice i f h rui -d regulations and amendments and supplements thereof, if any, shall
be given to Tenant. Tee:d ' 1 comply with all such rules and regulations upon notice to Tenant from
Landlord, provided th,e. auch rules and regulations shall apply uniformly to all Tenants.
RICHT TO RELaLATE:
23. Landlord reserves the right to cancel this lease at any time upon furnishing Tenant compar-
able space and location within the building of approximately the same area at comparable rental for the
then remaining period of this lease and removing Tenant to such new space at Landlord's expense.
RE-RENTING:
24. For a perid
may show the premises e ,enants.
HOLDING nu.
25. Should -it..ant hold ever after the termination of this lease, thereafter the tenancy shall
be from month to month in the absence of a written agreement to the contrary, subject, however, to all
of the terms and conditions of this lease.
DEFAULT:
26. In case any rent shall be due and unpaid or if default be made in any of the covenants or
agreements herein contained, or if said leased premises shall be deserted or vacated, then it shall be
lawful for Landlord, its certain attorney, successors, representatives, and assigns, to re-enter into,
repossess the said premises and Tenant and each and every occupant to remove and put out. A formal
notice to quit prior to proceedings for possesssion shall not be deemed as a termination or cancellation
of this lease, notwithstanding the said notice, by its terms, purports to terminate the said lease, but
shall be deemed as a notice for repossession.
EXPENSES, DAMAGES, RE-ENTRY:
27. In the event that Landlord shall, during the period covered by this lease, obtain possession
of said premises by re-entry, summary proceedings or otherwise, Tenant hereby agrees to pay Landlord the
expense incurred in obtaining possession of said promises, and also all expenses and commission which
may be paid in and about the letting of the same, and all other damages. Landlord may, at its option,
re-let said premises in its own name for such rental, upon such terms and from time to time as Landlord
may see fit, and Tenant agrees to pay each month to Landlord the difference between the amount to be
paid as rent each month as herein stipulated and the amount of rent that is collected and received from
the demised premises for such months during the residue of the term herein provided remaining after the
taking of possession by Landlord.
168
Supervisors Minutes Continued. July 17, 1969
NO IMPLIED WAIVER:
28. One or more waivers of any covenant or condition by Landlord shall not be construed as a
waiver of a further breach of the same covenant or condition.
NOTICES:
29. Whenever under this lease provision is made for notice of any kind, it shall be deemed
sufficient notice and service thereof if such notice to Tenant 15 in writing addressed to Tenant at its
last known post office address or at the leased premi:-5 and deposited in the mail with postage prepaid,
or delivered to anyone in charge of the demised prrmia:a., 1r if there be no one in charge„ then posted
upon the premises or a door leading thereto. Notice n •ed be sent to only one person if Tenant consists
of more than one person.
PEACEFUL POSSESSION:
30. Tenant, on paying the rentals herein provided, and performing all the covenants and
agreements herein contained to be performed by it, in the manner and at the time set therefor, shall
and may peacefully and quietly have, hold and occupy the leased premises for the term aforesaid.
TENANT'S SURRENDER OF POSSESSION:
31. Upon the termination of this lease, whether such termination be by lapse of time or by
election of Landlord, Tenant shall quietly and peacefully yield, surrender and deliver up to Landlord
the said demised premises.
REPRESENTATION:
32. No agreement shall be binding upon citl p t, unless made in writing and signed by it.
No representation guarantee or warranty, except siah ia le.risH contained, nor any coller.r, ,1 agree-
ment hereto shall be binding upon either party unless de in writing and signed by it. No represen-
tation guarantee or warranty, except such as is herein contained, nor any collateral agreement hereto
shall be binding unless the same be in writing and shall refer to this lease.
CUMULATIVE RIGHTS:
33. All rights and remedies of Landlord under this lease shall be cumulative and none shall
exclude any other remedies provided by law.
LANDLORD'S CONSENT:
34. Whenever under this lease Landlord's consent or approval is required, Landlord shall not
unreasonably withhold such consent or approval.
PARTIAL INVALIDITY:
35. If any term, covenant ea 1*0)n of this lease or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this lease, or the
application of such term, covenant or condition to persons or circumstances other than those as to
which it is held invalid or unenforceable shall not be affected hereby and each term, covenant or
condition of this lease shall be valid and be enforced to the fullest extent permitted by law.
NO OPTION:
36. The submission of this lease for examination does not constitute a reservation of or
option for the leased premises, and this lease becomes effective as a lease only upon execution and
delivery thereof by Landlord and Tenant.
RECORDING:
37. Tenant shall not record this lease without the written consent of the Landlord.
IN WITNESS WHEREOF, Landlord and Tenant have signed and sealed this lease as of the day and year first
Phove written,
WITNESSED BY:
By
COUNTY OF OAKLAND
By
Charles B. Edwards, jr., Chairman
and
Lynn D. Allen, Clerk of its Board
of Supervisors
STATE OF MICHIGAN)cs
COUNTY OF OAKLAND)
On -this__ day of , 19 , before me, a Notary Public in and for said County,
personally appeared Charles B. Edwards, Jr., and Lynn D. Allen who, being by me duly sworn, did each
for himself say that they are the Chairman and Clerk of the Board of Supervisors of the County of
Oakland, the corporation named in and which 'blEd Ise within Lease, and that said Lease was signed
and sealed on behalf of said County of DelanA by atthasir of its Board of Supervisors by Miscellaneous
Resolution No. dated , and rae said Charles B. Edwards Jr., and Lynn D. Alien acknowledge
said Lease to be the free act and deed of said corporation.
134 W. UNIVERSITY COMPANY
My commission expires:
ADDENDUM
Notary Public, Oakland County, Mich.
TO LEASE
SECURITY DEPOSIT:
No security deposit will be required by the Tenant with the Landlord for the full performance
by the Tenant of the terms of this lease; nevertheless, the Landlord shall have all right to pursue all
legal remedies in the event of any default.
lie t 0
Of
h members of the Board and study by a fol
Conerittee ,••• (:•:; •r co
ntis .a.cilities construction
the related remodeling work in the
, Market and Animal Shelter,
lie City of Pontiac system to
Supervisors M .re•. Continui , July 17, 1969 169
INSTALLATION PAL
Tenant shall be !
including all extra piunL •I•
OF .1".:P,i; FIXTURES:
I'lb e fee the cent of installing any trade fixture or special equipment,
needd for the fixtures, elyl all electrical outlets other
than the regular wall outle shall Lf.• sc,:ly liable at ':fsmination of this lease for
all necessary repair to we.; ;•:, ,r;(1 celilnu-ec.:,gioned by remel trade fixtures.
TITLE TO TRADE FIXTURES:
All trade fixture, Mall remain the sok. of th.
the termination of said lease.
HEATING AND Ali; (Yhu,TION1W
Heating and air ( e,:eiipment v(.1 .= I.. irnished and installed by the Landlord. The
Landlord shall pay the maintr..:y .. • of this
CLEANING:
The Tenant shall !• his own expense, janitorial service.
Moved by Olsoc, d the resol :on be adopted.
t Olroughout this lease and at
and the Tenant shall pay the operating cost.
Vot(.•
:eiv.Ler-'s, Gabler,
O'Donoghue, Gisor, Few • . Richard5(11,
NAYS: Aaron, 0'1,ien. (2)
ABSTAIN: EJU9;n ., le:nick. (2)
-he, Hamlin, Horton, Kasper, Mainland, Mastin,
Wilcox. (17)
A sufficient majority having voted therefor, the resolution was adopted.
satisfactorily
the conditions
Divsion
H the departments
,!ril be necessary in
resently reviewing
departments. It is
•-ram. The Board
r flan to provide
uth Courthouse parking lot; an underground
' I-hangers, a taxiway extension and drains
e4ided by the building Authority for
ve(.'1 for the new Service Building which
(-tmen of Aiblic Works and the Facilities and
Misc. .5138
By Mr. Olson
IN RE: ANNUA
To the OakiarH
Mr, Chairmn 1
ANN1NG, ':ONING AND BUILDING COMMITTEE
;6 ;ors
it
Zoning and Building
Committee I.
maintained,
speak well of •
WhiL
serving the L[Ll'‹
the future tc
this need tor
hoped tha -
of Auditor_ e• (
an orderly pati , n (
Durino th.
program. Construction
Court Tower end W,:.
and in November ,f
assure an adcluate f.iture su[
At this time construction is in pmc
electrical distribution system for the Servi,,
at the Oakland-Pontiac Airport. Plans we
the new Law r_(-C'orcement-Jail Complex. Bid,
will provide facilities for the Drain Offit
Operations L
Liy the written building program was mpleted for the Mental Retardation Center. The
architect ha ,e-2en retained and design is well under way, The County has received a Federal matching
construction grant for this project.
Your Committee finds that there is a large task ahead to provide governmental facilities for a
growing population with an advancing standard of living. The fact that our existing facilities are
getting older each year means that the task ahead is also larger. This past year has been a busy one,
but your Committee expects the years ahead to be even more demanding in order to provide an adequate
physical plant to house our modern and growing County services.
Mr. Chairman, on behalf of the Planning, Zoning and Building Committee, I move that the
foregoing report be received and placed on file.
PLANNING, ZONING AND BUILDING COMMITTEE
Niles E. Olson, Chairman
William L. Mainland, Paul E. Kasper
Carl W. O'Brien, E. Frank Richardson
Moved by Olson supported by Richardson the report be received and placed on file.
A sufficient majority having voted therefor, the motion carried.
E. Powell General Contracting Company, its
. two through five being accepted,
$2,066,200.00; and
.,tract the construction of the County
E. Powell General Contracting Company, in the
170
Supervisors Minutes Continued. July 17, 1969
Mr. Grba objected to building the south parking lot without approval of this Board.
The Chairman stated the.Corporation Counsel would review this matter and present a report
at the next meeting.
Mr. Olson presented a resolution on the Service Building Contract which was signed by three
members of the Planning, Zoning and Building Committee, William L. Mainland, E. Frank Richardson and
Paul E. Kasper.
The Chairman stated the resolution must be presented by a member of the Committee in favor
of the resolution.
Moved by Hamlin supported by Patnales the motion adopted on June 5, 1969 that the cost of
the Service Building will not exceed two million dollars", be stricken.
AYES: Bewden, Edwards, C1abler, Hamlin, Horton, Houghten, Kasper, Mainland, O'Donoghue,
Patnales, Richardson, Wilcox. (1,.)
NAYS: Aaron, Brenr:,-1, c-4.• Mastin, O'Brien, Olson, Pernick, (8)
ABSTAIN: Powell, RiA.:1cds. (2)
Mr. Powell and Mr. Richards requested that the; : :-1,i—I to 'yes'.
The vote was as follows:
AYES: Bawden, Edwards, Gabler, Hamlin, Horton, Houghten, Kasper, Mainland, O'Donoghue,
Patnales, Powell, Richards, Richardson, Wilcox. (l4)
NAYS: Aaron, Brennan, Grba, Mastin, O'Brien, Olson, Perni.ck, Szabo. (8)
A sufficient majority having voted therefor, the motion carried.
Misc. 5139
By Mr. Mainland
IN RE: SERVICE BUILDING CONTRACT-AWkA 0 TO E. E. POWELL GENERAL CONTRACTING COMPANY
To the Oakland County Board of
Mr. Chairman, Ladies and Gertle.rm.i. •
WHEREAS bids were r•..
the County Service Building, an
WHEREAS the lowest re •p., I. irickr
base bid being in the amount of
WHEREAS with Alternate One -
the base bid of the E. E. Powell Ce.h.s.i.%1 C.1
WHEREAS your Committee recominii- ,
Service Building to the lowest responsible bide
amount of $2,066,200.00;
NUW THEREFORE BE IT RESOLVED that the 1!, lowe responsible bidder, the E. E. Powell
General Contracting Company, in the amount of $2,u ..,;:,,200.00
BE IT FURTHER RESOLVED that in compliancs , with the for oing terms the Chairman and Clerk of
this Board be and are hereby authorized to execute said contract on behalf of the Oakland County Board
of Supervisors.
Mr. Chairman, on behalf of the Planning, Zoning and Building Committee, I move the adoption
of the foregoing resolution.
PLANNING, ZONING AND BUILDING COMMITTEE
William L. Mainland, E. Frank Richardson
Paul E. Kasper
Moved by Mainland supported by Wilcox the resolution be adopted.
AYES: Gabler, Grba, Hamlin, Horton, Houghten, Kasper, Mainland, O'Donoghue, Patnales,
Wilcox. (10)
NAYS: Aaron, Bawden, Brennan, Edwards, Martin, O'Brien, Olson, Pernick, Richards, Szabo. (10)
ABSTAIN: Powell, Richardson. (2)
A sufficient majority not having voted therefor, the motion lost.
Moved by O'Brien supported by Houghten the Board reconsider the vote by which the motion lost.
AYES: Gabler, Grba, Hamlin, Horton, Houghten, Kasper, Mainland, O'Brien, O'Donoghue, Patnales,
Richardson, Wilcox. (12)
NAYS: Aaron, Bawden, Brennan, Edwards, Mast:in, Olson, Pernick, Richards, Szabo. (9)
ABSTAIN: Powell. (1)
A sufficient majority having voted therefor, the motion carried.
the County of Oakland on July 2, 1969 for the construction of
Supervisors Minutes Continued. July 17, 1969 171
Moved by O'Brien supported by Gabler that the matter of reconsideration be put on the calendar
for the next meeting on August 7, 1969.
A sufficient majority having voted therefor, the motion carried.
Moved by Hamlin supported by Richardson the Board request an extension of thirty days from
the contractors with the low bids.
A sufficient majority having voted therefor, the motion carried.
Misc. 5140
By Mr. Aaron
IN RE: CIRCUIT JUDGES SALARY LAWSUIT
To the Oakland County Board of Supervisors
WHEREAS this Board of Supervisors, by Miscellaneous Resolution #5043, dated April 3, 1969,
directed this Committee to employ Counsel to determine the County's liability as it pertains to the
reduction of Circuit Judges salaries, and
WHEREAS your Committee informed d at a has or will in the immediate future, be
filed on behalf of the Macomb (ot.nty Circuit Jul.0 fu a j:dicial determination of the constitutionality
of Act 2,52 of the Public Acts of Mi ..hgao for 1566 amended, a ,a'l
WHEREAS your Committee iei .imehds that Miaeellneour Rreeletion #5043 be rescinded and that the
Corporation Counsel be directed to in the above mentaci.ed lawsuit on behalf of the County of
Oakland; or, if the Corporation Counsel determines it is necessary to institute a lawsuit in the name
of the County of Oakland requesting a judicial determination of tie constitutionality of said Act, that
he be hereby authorized to do so;
NOW THEREFORE BE IT RE.7.rt= that Resolution No. 5043 of this Board, dated April 3, 1969, be
rescinded; and that the Corporation t(al .eel be instructed to intervene in the Macomb County lawsuit
on behalf of the County of Oakland; oe, if he determines it is necessary to institute a lawsuit in the
name of the County of Oakland requeng a judicial determination of the constitutionality of Act 252
of the Public Acts of Michigan for 1966, as amended, is hereby authorized to do so.
Mr. Chairman, on behalf of the Public Protection and Judiciary Committee, I move the adoption
of the foregoing resolution.
PUBLIC PROTECTION AND JUDICIARY COMMITTEE
Dennis M. Aaron, Chairman
Carl W. O'Brien, Philip O. Mastin, Jr.
Richard R. Wilcox, Wallace F. Gabler, Jr.
Moved by Aaron supported by Gabler the resolution he adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Misc. 5141
By Mr. Horton
Recommended by the Board of Public Works
IN RE: CLINTON-OAKlANO SEWAGE 01 SPOSfL SYSTEM-Fva:H^,NGE OF EASEMENTS WITH RUTZ AND COMPANY
WHEREAS the Rutz and Company of 151 W et Fort Street, Detroit, Michigan, granted the County of
Oakland an easement as recorded in Liber f"22C 482, 490 and 491, Oakland County Records, for the
purpose of constructing the Clinton-Oaklarel S ,je Dipc-e31 System, and
WHEREAS during construction the Rut anJ Compey requested that we relocate a portion of the
sewer so that they can' utilize the property in a better mare -,er, and
WHEREAS the Rutz and Company has granted the ..T.ounty of Oakland a new easement, and
WHEREAS it is necessary to Quit Claim the attacked easement to the Rutz and Company:
QUIT CLAIM DEED
KNOW ALL MEN BY THE. a:.NTS, that the COUNTY OF OAKLAND, a Michigan Constitutional Corporation
whose address is 1200 North -1:.e:Thaph Road, Pontiac, Michigan, Quit Claims to Rutz and Company, a
Michigan Co-Partnership, wl—er is 151 W. Fort Street, Detroit, Michigan, the following described
premises situated in the Township of Waterford, County of Oakland and State of Michigan, to-wit:
A permanent easement consisting of a strip of /and 20.0 ft wide, having a centerline described
as beginning at a point on the W line of the hereinafter described "Eyster's Woodhull Lake Farms" distant
S 0 °40'50" E 231.56 ft from the NW corner of Lot 43 of the hereinafter described "Eyster's Woodhull
Lake Farms", th N 70003 1 20" W 363,60 ft, th N 17°58' W 232.44 ft, th N 260 15 1 40" E 158.40 ft, th N
74°05'20" W 553.30 ft, th N 56 °50'50" W 734,70 ft, th N 26°38'50" W 160.0 ft, th N 37°0442" W 213.85 ft,
th N 120 12 1 50" W 198.58 ft, th N 35°57 1 50" W 630.45 ft, th N 59°03'50" W 223.24 ft, th S 73 °46'10" W
381.80 ft, th S 39°31'10" W 450.31 ft, th N 75 °47'50" W 308.25 ft, th N 83°144'50'W 300.80 ft, th
N 44o28-1 50" W 283.28 ft, th N 800 3650" W 335.53 ft, to the point of ending on the E line of the
hereinafter described "Waterford Farms" subdivision 267 ft S from the NE corner of said subdivision;
and also, a temporary construction easement consisting of a strip of land 30.0 ft wide, parallel to
and adjoining the Sily and Wily edges of the above described permanent easement, and also a temporary
construction easement consisting of a strip of land 30.0 ft wide, parallel to and adjoining the N'ly
and Ply edges of the above described permanent easement. Said easements being over and across the
following described property:
Parts of Sections 3 and 4, 1314, R9E, Waterford Township, Oakland County, Michigan, described
as follows: Parcel 1: The NW 1/4 of Section 3, T3N, P9E, Waterford Township, excepting a triangular
parcel off the N end of said 1/4 section described as beginning at the NE corner of the NW 1/4 of
said Section 3, th S 1 °50' W along the 1/4 section line 2.00 ft to a point, th NWily to the NW corner
172
Supervisors Minutes Continued. July 17, 1969
of NE 1/4 of NW 1/4 of said Section 3, th Eily along N section line to the point of beginning. Also
excepting a parcel of land lying in the NW 1/4 of NW 1/4 of said Section 3, th S along W section line
50 ft to a point in the Clinton River, th E to a point in the centerline of Clinton River, th along
the centerline of the Clinton River until said line intersects the north boundary line of said Section
3, th N 88°30' W along said section line to the point of beginning. Parcel III: All of the E 1/2 of
the NE 1/4 of Section 4, T3N, R9E, Waterford Township, Oakland County, Michigan. Parcel IV: Part of
the SE 1/4 of Section 4, T3N, R9E, Waterford Township, described as beginning at the MW corner of the
E 1/2 of the SE 1/4 of said Section 4, th 5 88 °41'30" E along E and W 1/4 line 318.50 ft more or less
to the NWily corner of Eagle Lake Heights Subdivision, th S 44°18' W 670.63 ft along the Wily line
of Eagle Lake Heights to the centerline of Dixie Highway, th N 45 042 W along the center of Dixie
Highway 125.00 ft, th N 44°18' E 412 ft more or less to a point, th N 45 °42' W parallel with the
centerline of Dixie Highway 135 ft more or less to the point of beginning. Subject to the rights of
the public and of any governmental unit in any part of Parcels 1, III and IV, thereof taken, used or
deeded for street, road or highway purposes.
And, except Lakeland Estates No. 1, recorded in Liber 115, of Plats, page 25, Oakland County
Records, and also, except Corporation Deed as recorded in Liber 4782, Page 852, Oakland County Records,
described as Part of the NW 1/4 of Section 3, T3N, R9E, Waterford Township,00akland County, Michigan,
described as beginning at a point located N 88 °23 1 18" E 1322.39 ft and S 45 4100" E 144.57 ft, and
N 43°17'20" E 58.84 ft and N 11 04000" E 151.36 ft and N 29°30'00" E 159.25 ft and N 47°20'00" E
335.08 ft and N 32°25'00" E 102.97 ft and N 17 °30'00" E 211.05 ft and N 23 °25'00" E 94.84 ft and
N 29°20' E 452.17 ft and N 84°25'00" E 459.19 ft and 5 40030 1 00" E 422.06 ft and S 61 °30'00" E 215.02
ft and S 82°30'00" E 148,03 ft and S 37 °49'51" W 69.52 ft to the NE corner of Lot 29, of Lakeland
Estates No. I unrecorded, and S 82 °30'00" E 52.28 ft and S 68°45'00" E 142.61 ft and S 63 °51 1 41" E
123.24 ft from the center of Section 4, T3N, R9E, th from the point of beginning on a curve to the
left (R-400.00 ft - 14°19'26", L.C. S 79°53'05" E 99.74 ft) an arc distance of 100.0 ft, th S 02°
57'11" W 186.90 ft to point "A", th continuing S 02 °57'11" W 45 ft to the shore of Eagle Lake, th
Wily 130 ft along the shore of Eagle Lake, th N 10°00'00" E 75 ft to point "8", said point "8", being
located N 63°37'15" W 128.31 ft from point "A", th continuing N 10°0000" E 149.51 ft to point of
beginning.
And also, except Corporation Deed as recorded in Liber 4892, Page 254, Oakland County Records,
described as Part of the NE 1/4 of Section 4, T3N, R9E, Waterford Township, Oakland County, Michigan,
described as beginning at a point on the E line of "Waterford Farms" as recorded in Liber 14 of Plats,
page 59, Oakland County Records, located N 88 °23'18" E 1322.39 ft and N 02°00'50" W 1626.97 ft from
the center of Section 4, T3N, R9E, th from said point of beginning N 02 °00'50" W 699,97 ft along the
L line of "Waterford Farms", th S 70°30'00" E 331.84 ft, th S 55 °00'00" E 270.00 ft, th S 83°00'00"
E 350.00 ft, th S 02 °00 1 50" E 360.00 ft, th S 87°59'10" W 870.00 ft. Also including an easement for
ingress and egress over and across a strip of land 60.00 ft in width described as beginning at a
point located N 88°23'20" E 1322.39 ft and N 02°00'50" W 1626.97 ft and N 87 °59'10" E 870.00 ft from
the center Section 4, T3N, R9E, th from said point of beginning of easement N 02 00050" W 360.0 ft,
th N 87°59 1 10" E 60.0 ft, th S 02 °00'50" E 578.83 ft, th on a curve to the left (radius - 200.00 ft, 4
-44°07'26" long chord-5 24°04'33" E 150.24 ft) an arc distance of 154.02 ft to the N line of Shoreline
Boulevard as being platted in "Lakeland Estates", th on a curve to the left (radius-280.00 ft , -12
degrees 18'04", Long Chord-S 43°5142" W 60.00 ft) an arc distance of 60.11 ft along the N line of
proposed Shoreline Boulevard, th on a curve to the right (Radius - 260.00 ft, 6 -44°07'26", Long Chord
N 24°04'33" W 195.32 ft) an arc distance of 200.23 ft, th N 200.23 ft, th N 02 000)50" W 218.83 ft to
a point of ending of easement. Containing 10.05 acres.
And also except Warranty Deed as recorded in Libor 5128, Page 478, Oakland County Records,
described as a parcel of Land in the NW 1/4 of Section 3, T3N, R9E, Waterford Township, Oakland County,
Michigan being more particularly described as beginning at the SE corner of Lot 30 of "Lakeland Estates
No. 1" part of the NW 1/4 of Section 3 and the NE 1/4 of and SE 1/4 of Section 4, T3N, R9E, Waterford
Township, Oakland County, Michigan as recorded in the office of the Oakland County Register of Deeds
in Liber 115 on pages 25 and 26. Th N 7 °30'00" E 150.00 ft along the Eily line of said Lot 30, th N
13 °00'30" W 75.66 ft to point "A" (iron pipe) and continuing 5 feet more or less to the water's edge
th N 77 °11'30" E 20.00 ft more or less along the water's edge and then S 13°00'30" E 5 feet more or
less to point "B" (iron pipe) that is N 77°11'30" E 20.00 ft from last mentioned point "A", th S
13 °00'30" E 75.59 ft, th S 56°04'50" E 119.06 ft, th S 26°30'00" W 125.00 ft, th on a curve to the left
whose radius is 260.00 ft, central angle 19°00' length 86.22 ft and long chord bears N 73°00' W 85.82
ft to the point of beginning.
And also except Warranty Deed as recorded in Liber 5138, Page 787, Oakland County Records
described as Part of the NE 1/4 of Section 4, T3N, R9E, Waterford Township, Oakland County, Michigan
described as: From the center of Section 4 run N 88 °23'18" E 1322.39 ft along the EW 1/4 line of
Section 4, th N 2 °00'50" W 1626.97 ft, th N 87°5910" E 530.0 ft to the point of beginning of this
description, th N 87°59'10" E 340.0 ft, th S 69°20 1 00" E 65.02 ft, th N 87°59'10" E 170,0 ft, th S
16°15'20" E 144.93 ft to a point on the line of "Lakeland Estates" a subdivision recorded in Liber
115 of Plats, on pages 25 and 26, th S 73°24'09" W 212.53 ft along said subdivision line, th following
said line Sily along a curve concave to the E an arc distance of 154.02 ft, whose radius is 200.0 ft,
whose central angle is 44°07'26", whose tangent is 81.06 ft and whose long chord bears S 24 °04'33"
E 150.24 ft, th following said line SI/Ply along a curve concave to the SE an arc distance of 60.11 ft,
whose radius is 280.0 ft, whose central angle is 12 °18 1 04", whose tangent is 30.17 ft and whose long
chord bears S 43 °51'42" W 60.00 ft, th following said line Wily along a curve concave to the NE an
arc distance of 99.35 ft, whose radius is 260.0 ft, whose central aBgle is 21 05335" whose tangent is
50.29 It and whose long chord bears N 35 °11'29" W 98.74 ft, th S 65 45'19" W 176.86 ft along said line,
th 5 3°57'36" E 74.99 ft along said line, th S 29 °20' W 297.83 ft along said line, th following said
Supervisors Minutes Continued, July 17, i969
line SE'ly along a curve concave to the NE an arc distance of 170.67 ft, whose radius is 200.00 ft,
whose central angle is 48°53'33", whose tangent is 90.92 ft and whose long chord bears S 36 °44'20" E
165.54 ft, th following said line Sily along a. curve concave to the E an arc distance of 60.44 ft,
whose radius is 460.0 ft, whose central angle is 7°31'40", whose tangent is 30.26 ft and whose long
chord bears S 21 0 15 1 51" W 60.39 ft, th following said line NWily along a curve concave to the NE an
arc distance of 109.97 ft, whose radius is 260.0 ft, whose central angle is 24 °14', whose tangent
is 55.82 ft and whose long chord bears N 50 °49'0.9" W 109.15 ft, th S 48 °33'38" W 146.53 ft along said
subdivision line, th N 23 °19'30" W 242,97 ft, th N 2 °00'50" W 490.0 ft, th N 87 °59'10" E 140.0 ft, th
N 2°00'50" W 60.0 ft, th N 87 05910" E 30.0 ft, th N 2 °00'50" W 150.0 ft to the point of beginning.
Containing 8.2 acres.
And also except Warranty Deed as recorded in Liber 5168, page 277, Oakland County Records,
described as Lot 30, "Lakelard No. P' part of the NW 1/4 of Section 3 and the NE 1/4 and SE
1/4 of Section 4, T3N, R9E, Waterferd Township, Oakland County, Michigan, according to the plat thereof
as recorded in Liber 115 of Plats. pages 25 and 26, Oakland County Records. Also that part of the NW
1/4 of Section 3, T3N, R9E, beginning at the NE corner of Lot 30, "Lakeland Estates No. 1" a subdivision
recorded in Liber 115 of Plats, on pages 2A and 26 of the Oakland County Records, th N 82 0 30' W 80.00 ft
along the rear line of said Lot 30, th N 7 30' E 58.11 ft to an iron pipe and continuing N 7 °30' E 5 ft
more or less to the waters edge, th Ply 55 ft more or less along the waters edge and S 13 000 1 30" E 5 ft
more or less to an iron pipe that is N 84°05'E 55.0 ft from the last mentioned pipe, th S 13 000 1 30" E
75.66 ft to the point of beginning.
Together with all and singular the tenements, heaeitaments and appurtenances thereunto
belonging or in anywise appertaining, for the full consicleion of One Dollar.
Dated this day of A.D.19.
173
WITNESSES:
Signed and Sealed:
COUNTY OF OAKLAND, a Michigan Constitutional Corporation
By
Charles B. Edwards, Jr.
Its Chairman, Board of Supervisors
By
Lynn 0, Allen
Its Oakland County Clerk-Register
STATE OF MICHIGAN)SS COUNTY OF OAKLAND)
On this A.D. 1969, before me personally appeared Charles B. Edwards, Jr.
and Lynn D. Allen to na i.rnally known, who being by me sworn, did each for himself say that they are
respectively the Chairman Clerk of the Board of Supervisors of the County of Oakland the corporation
named in and which executa the within instrument, aed ihat .he seal affixed to said instrument is the
corporate seal of said corpc'ation and that said inEtrueeet was signed and sealed in behalf of said
corporation by authority of its board of supervisors, and said Charles B. Edwards, Jr. and Lynn D. Allen
acknowledged said instrument to be the free act and deed of said corporation.
My commission expires:
Notary Publi,, County, Mich.
This instrument drafted by W. J. Hardenburg, Jr,, 550 S. Telaa .a.ph Road, Pontiac, Michigan
NOW THEREFORE BE IT RESOLVED by the Oakland Coun ra,ed of Supervisors that the Chairman and
Clerk of this Board be and are hereby authorized and directed to execute such deeds on behalf of the
County of Oakland to accomplish this exchange of easements.
PUBLIC WORKS COMMITTEE
Harry W. Horton, Chairman
Thomas H. O'Donoghue, George N. Grba
William M. Richards, E. Frank Richardson
Moved by Horton supported by O'Donoghue the resolution be adopted.
ADOPTED.
AYES: Aaron, Bawden, Brennan, Edwards, Gabler, Grba, Hamlin, Horton, Houghten, Kasper,
Mainland, Mastin, O'Brien, O'Donoghue, Olson, Patnales, Pernick, Powell, Richards, Richardson,
Szabo, Wilcox. (22)
NAYS: None. (0)
Miscellaneous Resolution No, 5142
By Mr. Horton
Recommended by the Board of Public Works
IN RE: HURON-ROUGE SEWAGE DISPOSAL SYSTEM-WALLED LAKE ARM-EXCHANGE OF EASEMENTS
WHEREAS Samuel Frankel, Merwin Grosberg, Richard Sloan and National Bank of Detroit as
Trustee u/w for Nathan W. Lurie, deceased and the Edith Lurie Trust, granted the County of Oakland an
easement as recorded in Liter 5270, pages 32 and 38, Oakland County Records, for the purpose of con-
structing the Walled Lake Arm of the Huron-Rouge Sewage Disposal System, and
WHEREAS due to an Assessor's Plat that is now in process with different street locations it
is necessary that we relocate some proposed sanitary lines, and
WHEREAS to relocate said sanitary lines it is necessary to exchange a Quit Claim Deed of the
above mentioned easement for a new easement, and
WHEREAS the easement is no longer necessary for the construction of said project, it is
necessary to Quit Claim the attached easement:
174
Supervisors Minutes Continued. July 17, 1969
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS that the COUNTY OF OAKLAND, a Michiaan Constitutional Corporation
whose address is 1200 North Telegraph Road, Pontiac, Michigan Quit Claims to Samuel Frankel, a married
man and Merwin Grosberg, a married man and Richard Sloan, a married man, and National Bank of Detroit
as Trustee u/w for Nathan W. Lurie, decd. and not otherwise, whose address is 1836 Guardian Building,
Detroit, Michigan, the following described premises situated in the City of Walled Lake, County of
Oakland, and State of Michigan, to-wit:
A permanent easement "A" consisting of a strip of land 20.0 ft wide, having a centerline
described as beginning at a point on the E line of the hereinafter described part of Lot 46, said
point being S 0u2/+ W 10.0 ft from the NE corner of the hereinafter described part of Lot 46, th S
82°52'20" W 270.0 ft to a point of ending on the W line of the hereinafter described part of Lot 46
said point of ending being S 82°52'20" W 272.0 ft and S 07°07'40" E 10.0 ft from the NE corner of
the hereinafter described part of Lot 46, and also, a temporary construction easement consisting of a
strip of land 20.0 ft wide, parallel to and adjoining the S'ly edge of the above described permanent
easement "A". Said easement being over and across the following described property: Part of Lot 46 of
Supervisor's Plat No. 4, T2N, R8E, Sections 26, 27, 34 and 35, as recorded in Liber 54 of Plats, page
79, Oakland County Records: Beginning at point distant S 82 °52'20" W 60.52 ft and S 0 °24' W 322.78 ft
from NE lot corner, th S 0°24' W 99.12 ft, th SE l ly along curve to left on W line Gamma Road 53.76 ft
th N 88°35'20" W along S lot line 1021.06 ft, th N 28 °10'10" E 228 ft to NE corner of Lot 47, th N
88°35'20" W 163.04 ft, th N 28°10'10" E 23.56 ft, th N 86°17'30" E 154.13 ft, th N 82 °52'20" E 100 ft,
th S 7°07'40" E 40 ft, th N 82 °52'20" E 130 ft, th S 7°07'40" E 150,01 ft, th S 880 35 1 20" E 419.65 ft,
th N 7°07'40" W 32.31 ft, th N 82°52'20" E 272.45 ft to beginning; together with all and singular the
tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, for the full
consideration of One Dollar.
Dated this day of A.D. 1969 Signed by:
WITNESSES: COUNTY OF OAKLAND, a Michigan Constitutional Corporation
By
Charles B. Edwards, Jr.
Its Chairman, Board of Supervisors
By
Lynn D. Allen
Its Oakland County Clerk- Register
STATE OF MICHIGAN)ss
COUNTY OF OAKLAND)
On this day of A.D. 1969, before me personally appeared Charles B. Edwards, Jr.
and Lynn D. Allen to me personally known, who being by me sworn, did each for himself say that they
are respectively the Chairman and Clerk of the Board of Supervisors of the County of Oakland the
corporation named in and which executed the within instrument, and that the seal affixed to said
instrument is the corporate seal of said corporation, and that said instrument was signed and sealed
in behalf of said corporation by authority of its board of supervisors, and said Charles B. Edwards, Jr.
and Lynn D. Allen acknowledged said instrument to be the free act and deed of said corporation.
My commission expires: Notary Public County, Mich.
This instrument drafted by W. J. Hardenburg, jr., 550 S. Telegraph Road, Pontiac, Michigan
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS that the COUNTY OF OAKLAND, a Michigan Constitutional Corporation
whose address is 1200 North Telegraph Road, Pontiac, Michigan, Quit Claims to Edith Lurie as Trustee,
Marilyn Wolpin and National Bank of Detroit as Co-Trustees of the John E. Lurie Trust, and not otherwise
whose address is Woodward at Fort, Detroit, Michigan, the following described premises situated in the
City of Walled Lake, County of Oakland, and State of Michigan, to-wit:
A permanent easement "A" consisting of a strip of land 20.0 ft wide, having a centerline
described as beginning at a point on the E line of the hereinafter described part of Lot 46, said
point being S 0024' W 10.0 ft from the NE corner of the hereinafter described part of Lot 46, th
82°52'20" W 270.0 ft to a point of ending on the W line of the hereinafter described part of Lot 46,
said point of ending being S 82 °52'20" W 272.0 ft and S 07°07'40" E 10.0 ft from the NE corner of
the hereinafter described part of Lot 46, and also, a temporary construction easement consisting of a
strip of land 20.0 ft wide, parallel to and adjoining the S'ly edge of the above described permanent
easement "A". Said easement being over and across the following described property: Part of Lot 46
of Supervisors Plat No. 4, T2N, R8E, Sections 26, 27, 34 and 35, as recorded in Liber 54 of Plats,
page 79, Oakland County Record: Beginning at point distant S 82 °52'20" W 60.52 ft and S 0 024' W 322.78
ft from NE pt corner, th S 0°24' W 99.12 ft, th SE'ly along curve to left on W line Gamma Road 53.76
ft, th N 88 35'20" W along S lot line 1021.06 ft, th N 28°10'10" E 228 ft to NE corner of Lot 47, th
N 88°35'20" W 163.04 ft, th N 28 °10'10" E 23.56 ft, th N 86°17'30" E 154.13 ft, th N 82°52'20" E 100
ft, th S 7°07'40" E 40 ft, th N 82 °52'20" E 130 ft, th S 7 °07'40" E 150.01 ft, th S 88°35'20" E 419.65
ft, th N 7°07'40" W 32.31 ft, th N 82°52'20" E 272.45 ft to beginning; together with all and singular
the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, for the
full consideration of One Dollar.
Dated this day of A.D. 1969
WITNESSES:
Signed by:
COUNTY OF OAKLAND,a Michigan Constitutional Corporation
By
Charles B. Edwards, Jr.
Its Chairman, Board of Supervisors
By
Lynn D. Allen
Its Oakland County Clerk-Register
:).:7t re.• 7 in
etaeaH le -E-ric
e; ublie Wo
175 Supervisors Minutes Continued. July 17,
STATE OF MICHIGAN) aa
COUNTY OF OAKLAND)''
On thisaa day of A• • D 1969, before me personally appeared Charles B. Edwards, Jr.
and Lynn D. Allen to me personally keJkan, who being by me sworp, did each for himself say that they
are respectively the Chairman and Clerk of the Board of Supervisors of the Coutty of Oakland the
corporation named in and which e- •re eae aMe within instrument, and that the seal affixed to said
instrument is the corporate seal o poration, and that said instrument was signed and sealed
in behalf of said corporation by a.eh ty f its board of supervisors, and said Charles B. Edwards,Jr.
and Lynn D. Allen acknowledged said in t to be the free act and deed of said corporation.
My commission expires:
This instrument drafted by
W.J.Hardenburg,Jr., 550 S. 1 •
NOW THEREFORE BE IT R
and Clerk of the Board be and aae F by
the County of Oakland, to accomplish thi s
Notary Public, Oakland County, Michigan
, Michigan
' County Beard
and directed
?. of easmeas.
PUBLIC l.!C.aa iMMlTTEE
Harry W. F•nton, Chairman
Thomas H. U'Donoghue, Gecrae N. Grba
William M. Richards, E. fr ,ink Richardson
;ors that the Chairman
uch deeds on behalf of
Moved by Horton supported by Kasper the resolution be adopted.
ADOPTED.
AYES: Aaron, Bawden, Brennan, Edwards, Gabler, Grba, Hamlin, Horton, Houghten, Kasper,
Mainland, Mastin, O'Brien, O'Donoghue, Olson, Patnales, Pernick, Powell, Richards, Richardson,
Szabo, Wilcox. (22)
NAYS: None. (0)
Miscellaneous Resolutioa 5143
Recommended by the Board •-f Public Works
IN RE: BLOOMFIELD H1LH ce a' APPLY SYSTEM
Mr. Horton p .ed the following resolution, a copy of which has been sent to each member
of the Board of Supervise ,:
E.F.Tele jCI
WHEREAS the County of :;•kland, Micr;aen ae iea by and through its Board of Public Works and
the City of Bloomfield Ffil 'ajiand Count a, al ,!±ig.an did enter into an earLeant regarding the
construction, operation —1 ea--e.-ece of e,e..ti:io water supply facilities, eral
WHEREAS said ee. ef. arovidea cla Oakland County Board of Public Works shall proceed
to enter into contract with cLe City of D,Haoit for the supplying of sufficient City of Detroit water
to meet the requirements r: ahe proposed Y:,.:tr." supply facilities, and
WHEREAS the contract set forth bel is the result of recent contract negotiations between
representatives of the 0 7 and County Deleee , f Public Works and the City of Detroit Department of
Water Supply,
NOW THEREFOH IT RESCUED tie ,. tie Water Service A
City of Detroit, by it.
Works, for the sopplyira
Bloomfield Hills, Oc";
Secretary of the Cakirf
reads as follows:
WA:J:1a
THIS AGREEMaNT
municipal corporation cageol(ee alafel
Commissioners (sometimes rei ..arred heecirel . as Oa.
COUNTY OF OAKLAND, MICHIGAN, a Pt: ii. Ce.ea:Tate, a
(hereinafter referred to as the "County") pav;:a of the
WITNESSETH:
WHEREAS the County desires to receive a supply of water for the CITY OF BLOOMFIELD HILLS
(hereinafter referred to as the "City") from the Detroit Metropolitan Water System.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
1. The Board agrees to sell and deliver water to the County subject to conditions stated
hereinafter.
2. The County aarees to purchase water from the Board subject to conditions stated hereinafter.
3. The Board, to the best of its ability, shall deliver water to the County at the point or
points designated herein at the rates of flow and pressures needed to meet all reasonable requirements
of the City's customers. The peak hour demand therefor will be met to the extent that peak hour demand
is met within the boundarlee of the City of Detroit.
4. It is the under Aeeding of both parties that the Board will provide such water system
facilities as may be necessary to meet the terms of this agreement, and with the further understanding
that the Board's responsibility in this respect does not run beyond said pofht or points of delivery,
hereinafter more specifically set forth, it being clearly understood that the responsibility for
distributing water from said points of delivery to the consumers lies entirely in the County.
5. The distribution by the County of water supplied by the Board shall be limited to the area
within the limits of the City, provided that the County may supply water to such specific customers or
areas beyond its limits as from time to time may be mutually agreed upon by the County and the Board,
dated July 2, 1969 between the
a cf Oakland, by its Board of Public
main facilities in the City of
hereby approved; that the Chairman and
iaed to execute the same, which Agreement
F.Fir LAND
he CITY OF DETROIT, a
Miehia a, by its Board of Water
party of the first part, and the
arough its Board of Public Works,
cceld part.
Jwce,
176
Supervisors Minutes Continued. July 17, 1969
6. Water shall be delivered by the Board to the County at the following locations: 1. Square
Lake Road on Lahser; 2. Westview Road and East Limits of the City of Bloomfield Hills; and at such other
points as may, from time to time, be mutually agreed upon by the parties hereto.
7. All water furnished shall be measured by meters installed at the points of delivery. All
meters shall be furnished and installed at the expense of the County, under the supervision and in-
spection of the Board or its authorized agents. Said meters shall be of a size and make satisfactory
to the Board, and subject to its inspection. The Board agrees to maintain said meters and to cause
such repairs and/or adjustments as may from time to time be necessary, to be promptly made. Such
repairs shall be made at no expense to the County unless it can be shown that the necessity for such
repairs was brought about by an improper act or neglect on the part of the County. The County agrees
to accept the Board's estimates of quantities of water supplied during all periods in which the meters
fail to measure correctly all water supplied the County provided there is reasonable basis for such
estimates.
8. The County agrees to pay for all water supplied by the Board at such rates as the Board
may establish from time to time, it being mutually understood that such rates shall always be reasonable
in relaticn to the costs incurred by the Board for the supply of water. Such quoted rates do not
include any cost of water transmission main relocation. Should future construction by any Local, County
State or Federal agency require relocation of these transmission mains, the cost to the Board for such
relocation will be charged in future rates to those customers which receive water service from the
relocated transmission main. All money collected by the Board from the Courty for providing pure and
wholesome water under the terms of this agreement, shall be used exclusively for the operation,
maintenance, repairs, replacements, improvement end extensions of the Deee .s.;!. Metropolitan Water system.
It is mutually understood and agreed that the rete ehall include an annuai minimum charge which shall
be computed by applying the current rate to one-half of the estimated annual consumption of Detroit System
Water by the County which estimate is agreed to be as follows:
Year Million Cubic Feet Year Million Cubic Feet
1971 6.0 1981 29.2
1972 8,2 1982 30.0
1973 10.1 1983 31.0
1974 11.6 1984 32.4
1975 13.2 1985 33.4
1976 14.8 1986 34.4
1977 18.1 1987 35.4
1978 21.4 1988 36.4
1979 24.7 1989 37.8
1980 28.2 1990 and thereafter 38.8
The Board shall give 90 days notice of any change in the rates and such notice shall be in writing and
shall be delivered in person or by mail to the Director of the Department of Public Works of the County.
Bill , for water service shall be r, d monthly and delivered to the Department of Public Works and
shall be payable on or before the ,'de ckte shown thereon which shall be not less than 30 days from such
delivery. There shall be a furthe charge of five per cent of the amount of the bill if not paid on
or before the due date. All delinquent balances remaining unpaid for year or more Shall be subject
to an additional charge of six per cent per annum until paid. Water eerva:e to the County may be dis-
continued if any bill is not paid within ity days of due date. The Count/ hereby waives any and all
claims for damages resulting from such di.•eentinuance of service.
9. The County agrees to conform to all rules and regulations of the Board pertaining to the
control of or restriction to the use of water taken from the Detroit water system.
10. The County agrees to conform to and to require that the City conform to the Board's
standards and specifications from time to time in effect, governing the installation of transmission
and distribution system mains and facilities, and further agrees that plans and specifications for such
mains and facilities shall be submitted to the Board for approval prior to installation in the City's
water system.
11. It is understood and agreed that the Board shall have the right to inspect water system
mains and facilities set forth in Section 10 hereof during installation or installed in the County system
for the purpose of insuring a uniform standard of construction for all areas served by the Board, and
to avoid any damage to the Detroit Metropolitan Water System as a whole, arising from inferior material or
workmanship in the component parts; with the understanding, however, that -sudhinspection shall not
relieve the County from full responsibility for the conformance of finished work with Board standards
and with approved plans and specifications.
12. For the protection of the health of all consumers supplied with water from the Detroit
Metropolitan Water System, the County agrees to guard carefully against all forms of contamination, and
that if at any time contamination should occur, the area or areas affected shall immediately be shut
off and isolated and remain so until such conditions shall have been abated and the water declared
again safe and fit for human consumption, by the properly constituted governmental health agencies
having jurisdiction of the areas affected.
13. In the event proper operation of the system requires the Board to discontinue temporarily
all or part of the supply of water to the County, no claims for damages for such discontinuance shall
be made by the County against either the City of Detroit or the Board of Water Commissioners.
14. It is understood and agreed that the County will not, under any circumstances, permit
water from any other source or supply to be introduced into its water system, nor any part thereof,
or to be mixed or mingled with water from the Detroit Metropolitan Water System without prior written
approval of the Board.
7eeeeeent by either
,lay is ocre ,ered by or due to any
mas, :ele or accident to
eovefnmental autheritei, or any other
net within the control of the party claiming
relieve the County of its obligation to make
all war . r to the County from the Detroit Metropolitan Water
rehase ,eb war.r in aecnrdance with the terms of this
! for a -tried of thirty-five (35) years from
r -y after expiration of said 35 year period,
_y LI delivering the same to the Secretary of
.nty as the case may be, or at any time upon
delay in
of th.,
Supervisors Minutes Continued, July 17, 1969
15. The Board i.h.H or permitted to use streets, hiaiY.ge,,e., alleys, and/or easements in the
City for the purpose of (,si.•t ,-t-ting, maintaining and operatirg w.lre-- system facilities to adequately
supply the C ,eunty, the Counre„, , isofar as its rights exist will coo ,,.,e.•ete with the Board in execution
of e7te N. tru
•
ing rights-of-way in County stree 1- hways and alleys as may be
,equ: The Board shall restore all • Aructur•-- and/or improvements
lying in the -; . If a euction, e s od a conditiof . 'ruction cool. place,
and shell s;.ive Cee,-,te from ere -eJ suits, ace'-'as or causes of
action for damage" .• . ee .,er.•!jon work te,eein above provided
for. Any such ' 4, e ee,e_ section shall remain in
perpetuity the proee• el ti . H er maiatained by any other than employees
of the Board or
l6. it i ; se iel•• e-:'/'s mains may be connected temporarily
to the mains serel.e ' -01er ,e ;.
▪
Fe;-, ",,•• ,%Hc:. direction, to provide an adequate
water supply from ti' . at ./ aea ( ty, and to other areas and units of
government, and to provide for efficieut oe 'ee an ot ,e tir, water supply system. The Board
agrees that no connection will be made that a 1 i j'e,,e with accepted water system distribution
practice.
1/. No .fai lure
party r 1 be dLe:m: to
Act of
machinery or Hoc.- of
cause, whether ol the
suspension; provi6ed the
payment for water delive
18. The Board sh
System and the County 5
Agreement for an h)defia,
date hereof. Thie ;
upon one year's writlee
the Board or to the Dire. •
mutual consent of both p.,ties.
13. Thr parties hereto .h dl comply with Él applicable fair employment practice laws and
ordinances and r(auire similar eh. ;••ece, by all rr,-,-iee.'nmental parties contracted with pursuant to
this agreement. ;allure to so ceel,e :y or to requir ;:ampliance may be considered a material breach of
the Agreement.
20. This Agrr.•m•nt. slaP inure to the t e - of and be binding upon the respective parties
hereto, their succe.esor: ead a - •iens.
21. This Agree.e ,_ sh 11 take effect up a , i' adoption
hereto, and its approve; the Common Council e , ity of Pe
IN WITNESS WI4f)F the parties hereto L used this
respective duly authori•ed officers as of the day -ad year first
CI, OF DETROIT
Witnesses: by its Board of Water
177
Cee,-,te
for. Any such f3e
execution by the respective parties
t.
aaent to be executed by their
ve written.
Commissioners
Witnesses:
By
COON
By its Boarc 4 ;-.1;.ic Works
By
By
PUBLIC WORKS COmki:ILL
Harry W, Horton, C'...rirman
Thomas H. O'Donoghue, George N. Grba
William M. Richards, E. Frank Richardson
The adoption of the foregoing resolution was moved by Mr. Horton and seconded by Mr, Kasper.
On roll call the resolution was adopted by the following vote:
YEAS: Aaron, Bawden, Brennan, Edwards, Gabler, Grba, Hamlin, Horton, Houghten, Kasper,
Mainland, Mastin, O'Brien, O'Donoghue, Olson, Patnales, Pernick, Powell, Richards, Richardson,
Szabo, Wilcox. (22)
NAYS: None. (0)
Misc. 5144
By Mr. Houghten
IN RE: ROCHESTER CENTENNIAL
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the City of Rochester is celebrating its Centennial Anniversary, and
WHEREAS in honor of such celebration, the Oakland County Clerk, Lynn D. Allen, has had
Centennial Seal of Rochester placed on the cover of the Oakland County Directory and within the
pages of the Directory is a brief history of Rochester;
the
178
Supervisors Minutes Continued. July 17, 1969
NOW THEREFORE, I move that Lynn D. Allen be commended for his recognition of the historical
event occuring in the County of Oakland, "The Rochester Centennial Celebration".
Mr. Chairman, I move the adoption ot the foregoing resolution.
Fred D. Houghten
District 1 Supervisor
The resolution was unanimously adopted.
Misc. 5145
By Mr. Mastin
IN RE: COMMENDATION-WRESTLING TEAM
To the Oakland County Board of Supervisors
Mr. Chairman, Ladies and Gentlemen:
WHEREAS twenty United States high school boys will compete in the Olympic World Wrestling
Tournament to be held at Boulder, Colorado, July 14 through July 19, and
WHEREAS of these twenty young men, six are from the State of Michigan and five are from
Oakland County, and
WHEREAS no other county in the United States is as well represented on the United States
wrestling team and
WHEREAS these five young men will be representing Oakland County as well as their country
.in the World Wrestling Tournament at Boulder, Colorado,
NOW BE IT THEREFORE RESOLVED that the Oakland County Board of Supervisors on behalf of the
citizens of Oakland County does hereby extend to these five young men the appreciation and best
wishes of the people of Oakland County to Bill Davids of Hazel Park, Bernard Gonzales and Bill
Elsenheimer of Madison Heights, Roger Duty of Royal Oak and Doug Willer of Berkley;
BE IT FURTHER RESOLVED that the foregoing resolution be spread upon the minutes of this
Board of Supervisors and that copies of this resolution, affixed with the seal of the County of
Oakland be presented to the five young men named herein.
Philip 0. Mastin Jr., Charles B, Edwards Jr.
Lee Walker, William M. Richards, James Brennan
Robert Patnales, Harry Horton, Wallace Gabler
Moved by Mastin supported by Kasper the resolution be adopted.
A sufficient majority having voted therefor, the resolution was adopted.
Mr. O'Brien presented a report by the Metropolitan Stadium Committee.
Moved by Richards supported by Olson the Board adjourn until August 7, 1969.
A sufficient majority having voted therefor, the motion carried.
The Board adjourned at 1:10 P. M.
Lynn D. Allen Charles B. Edwards, Jr.
Clerk Chairman