HomeMy WebLinkAboutResolutions - 2011.02.17 - 10590MISCELLANEOUS RESOLUTION '.#11026 FEBRUARY 9, 2011
BY: Planning and Building Committee, David Potts, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR APPROVAL OF
SUBLEASE AGREEMENT WITH THE NEW CINGULAR WIRELESS PCS, LLC FOR PLACEMENT OF
RADIO COMMUNICATION EQUIPMENT 24610 Hallwood Court, Farmington Hills, Michigan
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the Oakland County Board of Commissioners, pursuant to MR #98308, recognized
that the County's current 800MHz radio system needed to be upgraded and expanded to encompass all
public safety agencies and to create interoperability between public safety agencies; and
WHEREAS, the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and MR
#99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a
new County-wide radio system that will have the ability to encompass all public safety agencies and
create interoperability between public safety agencies; and
WHEREAS, to properly implement and operate the County-wide radio system, the County will
need to build towers, lease land, and/or lease space on towers at sites throughout the County; and
WHEREAS, it is the recommendation of the Departments of Facilities Management and
Information Technology that the Oakland County Board of Commissioners accept and approve the terms
and conditions of the attached Sublease Agreement with New Cingular Wireless PCS, LLC.
WHEREAS, under the terms and conditions of the attached Sublease Agreement, the County will
at County expense install, repair, operate and maintain communication equipment inclusive of antennae
and related equipment on the existing radio tower and grounds located at 24610 Hallwood Court,
Farmington Hills, Michigan.
WHEREAS, the County shall pay monthly rent in the amount of $800 dollars plus the pro-rata
share of any applicable taxes. Further, the rent shall increase four percent annually.
WHEREAS, the Departments of Facilities Management, Information Technology, and Corporation
Counsel have reviewed and/or prepared all necessary documents related to the attached sublease
agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached sublease agreement between the County of Oakland and New
Cingular Wireless PCS, LLC.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached sublease agreement and any other documents related
to the attached sublease between the County of Oakland and New Cingular Wireless PCS, LLC,
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Jackson absent.
Oakland County Department of Facilities Management
1/18/2011
Approval of Sublease Agreement with New Cingular Wireless PCS, LLC
For Placement of Radio Equipment
24610 HalIwood Ct., Farmington Hills, Michigan
Pursuant to Oakland County Board of Commissioner's rules and procedures for purchase or lease
of real property the Departments of Facilities Management and Information Technology are
seeking Board of Commissioners approval of the attached Sublease Agreement with New
Cingular Wireless PCS, LLC for placement of radio communication equipment inclusive of
antennae and related communication equipment on the existing radio tower and grounds located
at 24610 Hallwood Court, Farmington Hills, Michigan.
Pursuant to MCL 484.1401 and miscellaneous resolution no. 99279 the Oakland County Board
of Commissioners authorized the levy of a four percent emergency telephone operational charge
to fund a new county-wide radio tower system that will serve all public safety agencies within.
Oakland County.
The attached Sublease Agreement provides for the use of available space on the existing radio
tower at 24610 Hallwood Court, Farmington Hills, Michigan. The agreement states that the
County will install, repair, operate and maintain the communication equipment at County
expense on the existing radio tower and grounds.
Commencement date of Agreement: Upon execution by the parties.
Term: Initial term five years. Sublease may be automatically extended for four additional five
year terms.
Termination: Upon 60 days notice.
Application fee: $2,500.
Rent: $800 per month plus equal share of any applicable taxes. Rent will increase four percent
annually.
Recommendation
It is the recommendation of the Departments of Facilities Management and Information
Technology that the Board of Commissioners approves and accepts the attached Sublease
Agreement between the County of Oakland and New Cingular Wireless PCS, LIE located at
24610 Hallwood Court, Farmington Hills, Michigan.
Mdh1/18/11
AT&T Site ID: FA No. 10083398 / A103/3211/Magna Lomason T
State: Michigan
County: Oakland
SUBLEASE AGREEFLENT
THIS SUBLEASE AGREEMENT (hereinafter referred to as "Sublease") by and between
New Cingular Wireless PCS, LLC, a Delaware limited liability company with offices at 12555
Cingular Way, Suite 1300, Alpharetta, Georgia 30004 (hereinafter referred to as "Sublessor")
and County of Oakland, a Michigan constitutional and municipal corporation, with offices at
1200 North Telegraph Road, Pontiac, Michigan 48341 (hereinafter referred to as "Sublessee").
At its sole discretion, Sublessor may execute this Sublease following the acceptance of
a Site Lease Application and Application Fee from Sublessee. Prior to or in conjunction with this
Sublease, Sublessee shall submit the following to Sublessor:
A. Site Lease Application (the "Application"); and
B. Application Fee of $2,500 (the "Fee").
After receipt of the Application and Fee from Sublessee, and after an initial review of the
application for completeness and space and area availability, Sublessor shall provide to
Sublessee a copy of the underlying lease for the Premises, a copy of any structural drawings
and site plans (if available) and other relevant information (collectively, the "Sublessor
Documents").
Upon receipt of the Sublessor Documents, Sublessee shall develop preliminary site
plans (the "Preliminary Plans") showing the location of Sublessee's facilities and accessory
equipment and showing the associated structural loading.
An application may not be approved, at the sole discretion of Sublessor, for any reason
whatsoever including but not limited to structural limitations caused by the loading created by
the addition of the Sublessee's antennas and associated cabling if Sublessee's additional
loading prohibits Sublessor from placing a full array of 12 standard panel antennas and 24 coax
plus 2 microwave dishes of 6' each (at a height acceptable to Sublessor) on the Tower as
hereinafter defined.
Upon finding that Sublessee's Application and proposed facilities are acceptable,
Sublessor will sublease the Subleased Premises, as defined below, subject to the terms and
conditions of this Sublease as follows:
1. Subleased Premises. Subject to the following terms and conditions, Sublessor
subleases to Sublessee certain space and area upon and adjacent to Sublessor's Tower, as
hereinafter defined, as more particularly described in Exhibit 1 ("Plans and Specifications") and
Exhibit 2 ("Subleased Premises"), attached hereto. Sublessee's use and maintenance of the
Subleased Premises shall be limited only to that portion thereof described and depicted in
Exhibits 1 and 2, provided, however, Sublessee shall have the right of pedestrian and vehicular
ingress and egress, together with the installation of utilities serving the Subleased Premises and
improvements thereon, over and across the real property more particularly described in Exhibit
3 (the "Property") attached hereto.
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L. Primary Lease Agreement. The parties acknowledge and agree that Sublessor
is leasing the property identified in Exhibit 3 for the purpose of constructing, operating and
maintaining a telecommunication tower, antenna facilities and other attendant facilities ("Tower")
pursuant to an Option And Site Lease Agreement as amended ("Primary Lease") by and
between Sublessor's predecessor in interest and Magna Lomason, Inc., dated February 11,
1997, attached hereto as Exhibit 4. Sublessor's right and ability to sublease the Subleased
Premises to Sublessee is expressly limited by and subject to the terms of the Primary Lease
and each and every term and condition of this Sublease shall be governed by and subordinate
to the terms and conditions of the Primary Lease, each of which is incorporated herein by
reference. In the event of any conflict between the terms and conditions of this Sublease and
the Primary Lease, the terms of the Primary Lease shall control and govern Sublessee's rights
hereunder. In the event the Primary Lease is terminated for any reason, this Sublease shall
terminate at the same time, and Sublessee shall have no cause of action or claim against
Sublessor and Sublessee's rights hereunder shall terminate and be forever waived.
3. Term.
The initial term ("Initial Term") of this Sublease shall be for a period of five (5) years and
shall commence 120 days after full execution of this Sublease, or upon commencement of
construction at the Subleased Premises, whichever occurs first ("Commencement Date"), and
shall expire at midnight on the fifth anniversary of the Commencement Date. Sublessee shall
memorialize the Commencement Date of this Sublease in writing, sent via certified mail, to
Sublessor at the addresses set forth in this Sublease.
This Sublease shall be automatically extended for four (4) additional five (5) year terms,
each being a renewal term ("Renewal Term"), unless Sublessee provides written notice of its
intention not to renew the Sublease no later than three (3) months prior to the expiration of the
Initial Term or of the then current Renewal Term, as the case may be; provided, however, such
automatic right of renewal is contingent upon Sublessee not being in default of the Sublease.
Sublessee agrees that if Sublessee remains in possession of the Subleased Premises
after the expiration of the Initial Term or any Renewal Term of this Sublease, without exercising
its right to renew, Sublessee shall be deemed to be occupying the Subleased Premises as a
Sublessee-at-sufferance on a month-to-month basis, subject to all the covenants and
obligations of this Sublease.
4. Rent. Sublessee shall pay to Sublessor as rent, an amount equal to Eight
Hundred 00/100 Dollars ($800.00) per month, plus its pro-rata or equitable share of any
applicable taxes (including but not limited to; any current or future sales tax, sublease tax, lease
and/or leasehold tax, tenant tax, subtenant tax, tower tax real estate tax, property tax, personal
property tax, excise tax, etc.) ("Rent"). Rent shall be for Tower and ground space. Rent shall be
payable on the first day of each calendar month in advance at the following address: AT&T
Mobility, Attn: Co-Location A/R, P. 0. Box 97079, Redmond, WA 98073-9779. If the term
commences other than on the first day of the month, the Rent shall be prorated for the first
month for the number of days from the Commencement Date to the end of the month. If this
Sublease is terminated on a day other than on the last day of a month, then Rent shall be
prorated as of the date of termination and in the event of termination for any reason other than a
default by Sublessee, all prepaid Rent shall be refunded to Sublessee.
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The Rent due under this Sublease shall increase annually on the anniversary of the
Commencement Date by four percent (4%) over the base Rent payable for the immediately
preceding year.
5. Permitted Use. The Subleased Premises may be used by Sublessee to install,
maintain and operate wireless antenna equipment on Sublessor's Tower; provided, however,
Sublessee must coordinate the frequency of its wireless antenna equipment with Sublessor to
the satisfaction of Sublessor as determined in its sole discretion ("Permitted Use"). Sublessees
antenna equipment (hereinafter referred to as "Communications Equipment"), is attached as
Exhibit 1.
All Communications Equipment shall be anchored and installed on Sublessor's Tower in
accordance with good and accepted engineering practices, and by Sublessee or a contractor
approved by Sublessor. Sublessee must notify Sublessor of its intent to install the
Communications Equipment prior to installation and, subject to the approvals of Sublessor as
contemplated hereunder, Sublessee shall also notify Sublessor upon its completion of the
installation of its Communications Equipment, and provide Sublessor with required "As Built"
plans and related documents depicting the installation within sixty (60) days of completion of
construction.
6. Access. Sublessor agrees that during the term of this Sublease, Sublessee
shall have the right of reasonable ingress and egress on a 24 hour basis to the Subleased
Premises (subject to the Primary Lease) for the purpose of installing, maintaining, repairing and
removing its Communications Equipment. Sublessee acknowledges and agrees, however, that
such access shall be permitted only to authorized engineers or employees of Sublessee or
persons under the direct supervision of Sublessee for the limited purposes set forth herein.
Sublessee shall use its best efforts to provide Sublessor with 24 hours advance written notice
for Sublessee's routine access to its Communications Equipment and in the event of
emergency, Sublessee shall give Sublessor notice as soon as reasonably possible.
7. Interference. Sublessee shall not use the Subleased Premises in any way that
interferes with Sublessor's business operations or with its use of the Property or any equipment
located thereon or by subtenants or sublicenses of Sublessor holding rights to the Property on
the date of this Sublease. In the event of such interference, Sublessee will cause such
interference to cease upon not more than forty-eight (48) hour notice from Sublessor. If
Sublessee is unable to eliminate such interference within seventy-two (72) hours, Sublessee
agrees to remove its Communications Equipment from the Property and this Sublease shall
terminate. Sublessee hereby acknowledges that any interference with Sublessor's business
operations shall cause Sublessor to suffer irreparable injury and entitle Sublessor, in addition to
exercising any other rights or remedies available hereunder or under applicable law, to seek the
immediate enjoinment of such interference.
8. Improvements; Utilities; Removal.
a. All work by Sublessee shall be performed in compliance with all
applicable laws and ordinances. Sublessee is not authorized to contract for or on behalf of
Sublessor for work on, or the furnishing of materials to, the Subleased Premises or any other
part of the Property, and Sublessee shall discharge of record by payment, bond or otherwise,
within ten (10) days subsequent to the date of its receipt of notice thereof from Sublessor, any
mechanic's, laborer's or similar lien filed against the Subleased Premises or the Property for
work or materials claimed to have been furnished at the instance of Sublessee. The
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Communications Equipment shall remain the exclusive property of Sublessee, and Sublessee
shall have the right to remove ail or any portion of the Communications Equipment at any time
during the term of the Sublease and following any termination of this Sublease; provided
Sublessee is not in default of this Sublease. Any property which is not removed by Sublessee
within ninety (90) days after the expiration or earlier termination of this Sublease upon the
expiration of said ninety (90) day period, shall at the option of Sublessor (i) be removed and
discarded or stored by Sublessor at Sublessee's expense, or (ii) become the property of
Sublessor, and Sublessee shall thereafter have no rights, obligations or liabilities whatsoever
with respect thereto.
b. Sublessee, at its sole cost and expense, shall erect, maintain and operate
on the Subleased Premises, separate utility services from the servicing utility company or
companies. Sublessee shall individually and directly pay for the utility services it consumes in its
operation.
9. Termination. Except as otherwise provided herein, this Sublease may be
terminated as follows:
a. by Sublessee if Sublessor does not approve Sublessee's Application;
b. by Sublessor, if Sublessee fails to make any monetary payment due
under this Sublease within twenty (20) days after Sublessee's receipt of written notice of default
from Sublessor;
c. by either party if the other party defaults (other than a default described in
Section 9. b. above) and fails to cure such default within thirty (30) days after written notice of
such default is received; provided, however, that if such default is capable of being cured, but
not within such 30-day period, this Sublease may not be terminated so long as the defaulting
party commences appropriate curative action within such 30-day period and thereafter diligently
prosecutes such cure to completion as promptly as possible;
d. by Sublessee upon sixty (60) days prior notice if it is unable to obtain,
maintain or otherwise forfeits or cancels any license, permit or governmental approval
necessary for the construction or operation of the Communications Equipment;
e. by Sublessee upon sixty (60) days prior written notice if Sublessee
determines, in its reasonable discretion exercised in good faith, that based on (i) technology, (ii)
interference with use of the Subleased Premises resulting from the acts of any third party, an
act of God or from other natural forces, or (iii) changes in system design or system usage
patterns, Sublessee's use of the Communications Equipment (as the same may have been
modified from time to time) is no longer consistent with the optimal operation of Sublessee's
communication system.
f. by Sublessor upon prior written notice to Sublessee if the Primary Lease
is terminated by Sublessor or its landlord for any reason by either party or Sublessor does not
elect, in its sole discretion, to renew any term of the Primary Lease.
5. Casualty and Condemnation.
a. If at any time during the term of this Sublease all or "substantially all"
(meaning the remaining portion thereof shall not be of sufficient size or condition to permit the
ATT Stanc"-Alone SLA 17ev 062508
continuation of Sublessee's Permitted Use in a commercially reasonable manner) of the
Communications Equipment upon the Subleased Premises shall be damaged and/or destroyed
by fire or other casualty, then Sublessee may terminate this Sublease by providing written
notice to Sublessor, which termination shall be effective as of the date of such damage and/or
destruction, and whereupon Sublessee shall be entitled to collect all insurance proceeds
payable on account thereof and to the reimbursement of any prepaid Rent, to be apportioned as
of the termination date.
b. If at any time during the term of this Sublease all or "substantially all" (as
described in the preceding section 10.a of the Subleased Premises or the buildings and
improvements located thereon shall be taken in the exercise of the power of eminent domain by
any governmental or other authority, or by deed in lieu of condemnation, then Sublessee may
terminate this Sublease by providing written notice to Sublessor, which termination shall be
effective as of the date of the vesting of title in such taking, and any prepaid Rent shall be
apportioned as of said date and reimbursed to Sublessee. Sublessor and Sublessee shall each
be entitled to pursue their own separate awards with respect to such taking. In the event of any
taking of less than all or substantially all of the Subleased Premises, this Sublease shall
continue and each of Sublessor and Sublessee shall be entitled to pursue their own separate
awards with respect to such taking.
11. Taxes. Sublessee shall pay its pro-rata or equitable share of any applicable
taxes (including but not limited to; any current or future sales tax, sublease tax, lease and/or
leasehold tax, tenant tax, subtenant tax, tower tax, real estate tax, property tax, personal
property tax, excise tax, etc.) which is attributable to Sublessee's use of the Subleased
Premises, and Sublessor agrees to furnish proof of such increase to Sublessee.
12. Insurance anc_._.1_o Subrogation.
a. Sublessee will maintain general liability self-insurance through a self-
insurance program ("SIP"). Such SIP shall afford minimum protection in an aggregate amount
of $2,500,000, and Sublessee will provide Sublessor with a certificate of insurance naming
Sublessor as a certificate holder within ten (10) days of the Commencement Date of this
Sublease.
b. Sublessee will maintain Workmen's Compensation self-insurance
coverage in the statutory amount.
13. Hold Harmless. To the extent permitted by applicable law, Sublessee agrees to
indemnify and save Sublessor harmless from any and all liability, claims, lawsuits, and costs,
including reasonable attorneys' fees, costs and expert witness' fees, arising from or in any way
relating to Sublessees use of the Subleased Premises under this Sublease. Sublessee agrees
to use and occupy the Subleased Premises at Sublessee's own risk, and hereby releases
Sublessor, its agents and employees, from any and all liability, claims, lawsuits or costs, or any
other damages or injuries to the fullest extent permitted by law, except to the extent caused by
Sublessor or its agents or employees. Notwithstanding the foregoing, each party waives (i) all
rights of recovery against the other on account of loss and damage occasioned to such waiving
party to the extent that that loss or damage is insured or is required to be insured against under
any insurance policies required hereunder and (ii) any claims that each may have against the
other with respect to consequential, incidental or special damages.
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14. Notices. All notices, requests, demands and other communications hereunder
shall be in writing and shall be deemed given if mailed, certified mail, return receipt requested,
or sent by overnight carrier to the following addresses:
If to Sublessor:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
12555 Cingular Way, Suite 1300
Alpharetta, Georgia 30004
RE: Cell Site #: 1889; Site Name: Al 03/3211/Magna Lomason T (MI)
FA No. 10083398
With a copy to:
New Cingular Wireless PCS, LLC
Attn: Legal Department
Re: Cell Site #: 1889; Cell Site Name: Al 03/3211/Magna Lomason T (Ml)
Fixed Asset No.: 10083398
15 East Midland Avenue
Paramus, NJ 07652
If to Sublessee:
Oakland County Fiscal Services IT Supervisor
Attn: Kathy Bell
1200 North Telegraph
Building 49W
Pontiac, MI
(248) 858-2384
15. Environmental Laws. As used herein, the term "Environmental Laws" shall
mean any and all local, state or federal statutes, regulations or ordinances pertaining to the
environment or natural resources. As used herein, the term "Hazardous Substance" shall mean
any toxic or hazardous waste or substance (including, without limitation, asbestos and
petroleum products) that is regulated by Environmental Laws.
Each party represents, warrants and agrees that it will conduct its activities on the
Subleased Premises or the Property in compliance with all applicable Environmental Laws. To
the extent permitted by applicable law, Sublessee agrees to defend, indemnify and hold
Sublessor harmless from and against any and all claims, causes of action, demands and liability
including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses,
judgments and attorneys' fees that Sublessor may suffer due to the introduction, use, existence
or discovery of any Hazardous Substance on the Subleased Premises or Property or the
migration of any Hazardous Substance to other properties or released into the environment, that
is caused by or results from Sublessee's activities on the Subleased Premises or Property.
Sublessor agrees to defend, indemnify and hold Sublessee harmless from and against
any and all claims, causes of action, demands and liability including, but not limited to,
damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorneys'
fees that Sublessee may suffer due to the introduction, use, existence or discovery of any
Hazardous Substance on the Subleased Premises or Property or the migration of any
A77 Stand-Alone SLA Rev 062508
Hazardous Substance to other properties or released into the environment, that is caused by or
results from Sublessor's activities on the Subleased Premises or Property.
The indemnifications in this section specifically include costs incurred in connection with
any investigation of site conditions or any cleanup, remedial, removal or restoration work
required by any governmental authority. The provisions of this section will survive the expiration
or termination of this Sublease.
16. Assignment and Subleasing. Sublessee may not assign or sublet this
Sublease without the prior written consent of Sublessor which approval shall not be
unreasonably withheld. Sublessor may assign this Sublease without notice to or consent from
Sublessee, in its sole discretion.
17. Relocation of Communications Equipment Sublessor reserves the right,
upon one hundred eighty (180) days prior written notice, to relocate Sublessee's
Communications Equipment either within the Subleased Premises or the Property, as Sublessor
determines, and on the Tower. In the event relocation is required by the Sublessor, Sublessor
shall bear the expense of such relocation. If, however, Sublessee determines that the proposed
relocation area upon the Tower is no longer consistent with the optimal operation of Sublessee's
communication system, then Sublessee shall have the right to terminate this Sublease
immediately. Upon termination of this Sublease, Sublessee shall have ninety (90) days to
remove its Communications Equipment from the Tower and Subleased Premises, and return
the Subleased Premises to its original condition, reasonable wear and tear from the elements
excepted.
18. Working Drawings: Sublessee shall proceed with Sublessee's work in
accordance with the following schedule:
a. Sublessee shall submit to Sublessor working drawings ("Working
Drawings") prepared by Sublessee; and
b. Sublessor shall, within thirty (30) days of receipt, either approve such
Working Drawings or designate by notice in writing to Sublessee the specific changes required
to be made to the Working Drawings or request additional information, which Sublessee shall
provide, and Sublessee shall resubmit the modified Working Drawings to Sublessor within thirty
(30) days.
19. Force Majeure. Sublessor shall not be liable to Sublessee for any loss or
damage to the Subleased Premises, Sublessee's use or its equipment due to fire, other
casualty, act of God, the state of repair of the Subleased Premises, the bursting or leakage of
any water, gas, sewer or steam pipes, or theft or any other act or neglect of any third party
unless such loss or damage was caused by the sole negligent act or omission of Sublessor, its
agents, servants, employees, contractors, licensees or invitees.
20. Miscellaneous.
a. This Sublease constitutes the entire agreement and understanding of the
parties and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any amendment to this
Sublease must be in writing and executed by both parties.
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b. Either party hereto that is represented in this transaction by a broker,
agent or commission salesperson (a "Representative") shall be fully and exclusively responsible
for the payment of any fee, commission or other compensation owing to such Representative,
and shall indemnify and hold the other party harmless from and against any claim to a fee,
commission or other compensation asserted by such Representative, including reasonable
attorneys' fees and costs incurred in defending such claim.
c. Each party agrees to not record this Sublease.
d. This Sublease shall be construed in accordance with the laws of the
county and state in which the Subleased Premises is located.
e. If any term of this Sublease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Sublease, which shall continue in full force and effect.
f. Whenever under the Sublease the consent or approval of either party is
required or a determination must be made by either party, no such consent or approval shall be
unreasonably withheld or delayed, and all such determinations shall be made on a reasonable
basis and in a reasonable manner.
g. Sublessor covenants that Sublessee shall, upon paying the Rent and
observing the other covenants and conditions herein upon its part to be observed, peaceably
and quietly hold and enjoy the Subleased Premises during the term of this Sublease or as it
may be extended subject to the Primary Lease.
h. Upon receipt of Sublessor's written request and within fifteen (15) days
after said request, Sublessee shall execute, acknowledge and deliver to Sublessor, a certificate
stating that: This Sublease is in full force and effect and has not been modified, supplemented
or amended in any way, except as specified in such certificate; there are no existing defenses or
offsets, except as specified in such certificate; Sublessee has not paid any Rent in advance,
except as specified in such certificate; Sublessee is not in default in the payment of Rent or any
of the other obligations required of Sublessee under this Sublease; and Sublessee has paid
Rent, additional Rent, and any other payments due Sublessor as of the date set forth in the
certificate.
Nothing herein contain shall be deemed or construed by the parties
hereto, nor by any other party as creating the relationship of principal and agent or of
partnership or of joint venture between the parties hereto. Neither the method of computation of
Rent, nor any other provision contained herein, nor any acts of the parties hereto, shall be
deemed to create any relationship between the parties hereto other than that set forth hereto.
j. Sublessor will cooperate with and permit Sublessee, at Sublessee's sole
cost and expense, to implement reasonable measures in order for Sublessee to fulfill its RF
exposure obligations at the transmitting site, including restricting public access and posting
signs and markings. If Sublessor does not fulfill its obligations pursuant this paragraph, in
addition to all other remedies it may have, Sublessee may terminate this Sublease upon written
notice to Sublessor without further obligation to pay rent under this Sublease.
k. Waiver of a breach of any provision hereof under any circumstances will
not constitute a waiver of any subsequent breach of such provision, or a breach of any other
provision of this Sublease.
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IN WITNESS WHEREOF, the parties have entered into this Sublease as of the dates set forth
below.
WITNESSES: SUBLESSOR:
NEW CINGULAR WIRELESS PCS, LLC
By: AT&T Mobility Corporation
Its: Manager
By:
Name: Neil Boyer
Print Name: Title: Director-Network
Date:
Print Name:
SUBLESSEE:
County of Oakland
By:
Name:
Print Name: Title:
Date:
Print Name:
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SUBLESSOR ACKNOWLEDGEMENT
STATE OF GEORGIA
) ss:
COUNTY OF
BE IT REMEMBERED, that on this day of , 20 before me, the
subscriber, a person authorized to take oaths in the State of Georgia, personally appeared Neil
Boyer, Director-Network of AT&T Mobility Corporation, Manager of New Cingular Wireless PCS,
LLC, who, being duly sworn on his oath, deposed and made proof to my satisfaction that he is
the person named in the within instrument; and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the entities upon behalf of
which he acted, executed the instrument.
Notary Public:
My Commission Expires:
SUBLESSEE ACKNOWLEDGEMENT
STATE OF
) ss:
COUNTY OF
BE IT REMEMBERED, that on this day of , 20 before me, the
subscriber, a person authorized to take oaths in the State of personally
appeared of , who, being
duly sworn on his oath, deposed and made proof to my satisfaction that he is the person named
in the within instrument; and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the entities upon behalf of which he acted,
executed the instrument.
Notary Public:
My Commission Expires:
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EXHIBIT 1
PLANS AND SPECIFICATIONS
(including description of the antenna location, and location of ground
equipment on the ground portion of the Subleased Premises)
Number of Antennas: One (1)
Antenna Manufacturer and Type-Number: Bird Technologies 101-83B-09-0
Weight and Dimension of Antenna(s) (L x vAi x D): 45 lbs, 10' x 3•57"
MW Dish diameter and approved RAD Center: Not Applicable
Number of Transmission Lines: One (1)
Diameter and Length of Transmission Line: 5/8", ± 160'
Location of Antenna(s) on Tower (Approved RAD Center): One Hundred Thirty-five Feet (135') AGL
Direction of Radiation (Azimuth): 3600
Dimensions of SUBLESSEE Ground Space: 4' x 4' (16 Square Feet)
Frequencies/Max. Power Output: Tx: 772.4125 MHz, Rx: 802.4125
36 watts
Other Equipment to be placed on Tower: Not Applicable
Dimensions of Additional Ground Equipment: Not Applicable
ATT Stand-Alone SLA Rev 062508
EXHIBIT 2
(Subleased Premises)
See Attached Site Plans:
ATT Siand-Alone SLA Rev 062508
EXHIBIT 3
(The Property)
Common Address:
24610 Hal!wood Court, City of Farmington Hills, Oakland County, Michigan
Legal Description:
Pcc jjr $F;;;,17. I rc:,;;;, 7 -;.
CL7.--r cc: ,:::,11.R -ITn.--41 '14 L 5. Q j CCY CG. E SCIT:',F) E LT)
t5E7G:N-71,,,,It4,,,:t 41- _a rtNn- fcj P9T EV: I NC,;`,., 33'00
PET Lc4 T1-1 E E 4..„ST L.NO UJEsi . CflQ
PEFT AND
504034:,,,47-c= 3721 Ft;t;;;;T RcI T4 P-4.5T C,C)RN4m,R c4,7 1,11;) ECT
ECE S -:Er7;, POINT '34;y*-f-.7."E-1 E13 ,00 ET
E tail) 2 4)-0 PZ'r: r I WE: CE :3,0-'4, 2 "Ili VZ) FEETt
Ti4 LEKICI:a FcITET To ri-w-7 POINT CA:t
..G.N
See attached Survey, if available
ATT Stand-Alone SLA Rev 062508
EXHIBIT 4
(Copy of the Primary Lease)
ATT Stand-Alone SLA Rev 062508
Site N. 3211C
Site Name: Magna Lomason
Amendment To Option And Site Lease Agreement Between
Mauna Lomason Corporation, a Michigan corporation and
AT&T Wireless PCS, Inc., a Delaware corporation, acting by
and through its agent, Wireless PCS, Inc., d/b/a AT&T
Wireless Services
This Amendment to the Option and Site Lease Agreement between
Magna Lomason Inc., a Delaware Corporation ("Landlord") and AT&T Wireless
PCS, Inc., a Delaware corporation, acting by and through its agent, Wireless PCS,
Inc., a Delaware Corporation dpp/a AT&T Wireless Services ("Tenant") (the
"Amendment") is made this / -"-clay of September, 1997.
WITNESSETH:
WHEREAS, Landlord and Tenant have entered into a certain Option and
Site Lease Agreement (the "Lease") effective January 15, 1997, giving Tenant
an Option to Lease the Premises ("Exhibit B" to the Lease) located within the
Real Property ("Exhibit A" to the Lease) for the operation of a wireless
communication facility.
WHEREAS, Landlord and Tenant intend to amend and supplement the
Lease as provided herein:
NOW, THEREFORE, for good and valuable consideration, the receipt
and sufficiency of which is hereby acknovviedged, the parties hereto covenant,
agree and bind themselves to the following modifications to the Lease:
1. Exhibit B to the Lease, which describes the Premises on Landlord's
Property leased by Tenant is hereby revised as reflected in the attached
Revised Description of Premises and Site Plan S2 of 2, dated May 9, 1997, as
attached hereto.
2. The correct name of Tenant's legal entity is AT&T Wireless PCS, Inc.,
a Delaware corporation, acting by and through its agent, Wireless PCS, Inc., a
Delaware corporation d/b/a AT&T Wireless Services.
3. The Magna Lomason Corporation, a Michigan Corporation has
changed its legal entity to Magna Lomason, Inc., a Delaware Corporation.
4. ADDITIONAL PARAGZAPHS:
Paraeraeh 14: Tenant shall make its best efforts to amend the
Landscape Plan, dated May 19, 1997 to the satisfaction of Tenant, Landlord
and the City of Farmington Hills.
9/10/97 1
Site N. 3211C
Site Name: Magna Lomason
_Pra 15: In the event that Tenant shall sublet space on its Antenna
Facilities, Landlord shall receive additional rent from the additional Carrier
utilizing the Premises in amount of
per month during the initial term of five (5) years. Should Additional Carrier
elect to extend the Lease, per the provisions in Paragraph 4 of the Lease, the
following additional rent shall be paid to Landlord:
Additional Monthly Rent Period
l st Additional Term
2"d Additional Term
3rd Additional Term
4th Additional Term
Paragraph 16: Should Tenant elect to terminate per the terms of the
aforementioned Lease, Tenant shall in no way interfere with landlord's rights to
lease space on its Property and on the Antenna Facilities to any other
Carriers(s).
5. This Amendment may be executed in counterparts, each of which
shall be deemed an original document, but all of which will constitute a single
document. This document shall not be binding on or constitute evidence of a
contract between the parties hereto until such time as a counterpart of this
document has been executed by each party and a copy thereof delivered to
each other party of this Amendment.
6. Except as specifically amended herein, the remaining terms of the
Lease shall remain unmodified, binding upon Landlord and Tenant, and in full
force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to
Lease as of the day and year first above written.
Dated as of the date first set forth above.
9/10/97 2
Site No. 3211C
Site Name: Magna Lomason
Signed and acknowledged in the Presence of:
LANDLORD:
WITNESSES: Magna Lomason, Inc., a
Delaware corporation
Print N4aoro: r
Print N-me: C/ca#1--A
T.
I e.,0 et r")
6 t/a' Z/66-
By. A
Harry A. Lomason II
Its: President
SSN: / „A-7c. 5-/(y er.ffg
NOTARY
STATE OF MICHIGAN)
COUNTY OAKLAND )ss .
On 16th before me, the undersigned notary public in and for said
County, personally appeared Harry A. Lomason II as President of Magna
Lomason, Inc., to me known to be the same person who executed the within
instrument on behalf of said corporation and who severally acknowledged the
same to be the free act and deed of said corporation, made and executed by
them on its behalf by authority of its Board of D ectors.
Notar.l• I ic Suzanne HcCollum
My Commission expires: 9/13/99 IlL
9/10/97
e k
Print NJ.
Site No, 3211C
Site Name: Magna Lomason
WITNESSES:
TENANT:
AT&T Wireless PCS, Inc., a
Delaware corporation, acting by
and through its agent, Wireless
PCS, Inc., a Delaware
Corporation d/b/a AT&T Wireless
Services
-
By:
SCOTT SANT!
Its: Director of System
Development
NOTARY
STATE OF MICHIGAN)
COUNTY OAKLAND)ss.
On k`ot ),-,,w , 1997 before me, the undersigned notary public in and for
said County, personally appeared Scott Santi, as Director of System
Development for AT&T Wireless PCS, Inc., a Delaware corporation, acting by and
through its agent, Wireless PCS, Inc., a Delaware Corporation d/b/a AT&T Wireless
Services, to me known to be the same person who executed the within
instrument on behalf of said corporation and who severally acknowledged the
same to be the free act and deed of said corporation, made and executed by
them on its behalf.
My commiz.-TivdlegART
watery Public, Cooly,
Canorission Expires Sept. 22,1999
Mail notices to Landlord at:
Magana Lomason, Inc.
24600 Hallwood Ct.
Farmington Hills, MI 48335-1617
ATTN: Harry A. Lomason II
Mail notices to Tenant at:
AT&T Wireless PCS, Inc.
26877 Northwestern Hwy., Ste 350
Southfield, MI 48034
A I I N: General Counsel
9/10/97 4
Site N. 32110
Site Name: Magna Lornason
REVISED EXHIBIT "B"
DESCRIPTION OF PREMISES
Exhibit "B" to the Agreement dated , 1997, between Magna Lomason Inc., a
Delaware corporation as Landlord, and AT&T Wireless PCS, Inc„ a Delaware
corporation, acting by and through its agent, Wireless PCS, Inc., a Delaware
Corporation d/b/a AT&T Wireless Services as Tenant.
If a survey is made on the Premises, Landlord and Tenant agree to sign and attach
the legal description of the Premises hereto which will then become the description
of the Premises.
Commonly Known As:
State:
County:
City:
Description:
24600 Hallwood Court
Michigan
Oakland
Farmington Hills
An 81 foot x 42 foot (maximum) area of land
within the following described land, to-wit:
DESCRIPTION OF LEASED PREMISES
p.6F:zT c ,Z 7 tJTq .5r 1,-4 07- 5=C7101-4 19, TOLLI4 I OE
EAST, CITY OF F-AR"IINGTON 14111_5, 0---.K.L4ND COUNTY, DES-CR1SED
45 BEGINNirs.IG AT A POINT 5410, POINT E3ING DIST.,14T
4322,2...`. FEET ALON6 ELST AND WEST I/4 LINE CF 5-1:o 5E_-.TioN AND
502 .02'1C"E ••=1,:a>"1
FEET AND 582 4 100"UJ 26-4 FEET AND
50‘;*36,4 2E 3221 FEET FROM TI-n E RI-ST 3/4 COF:Nr=R QF 5 4 ID SECTION
Ii TF4ENC,5 5.11D POINT CF GINNING SW-4.3G'-'1.2"E alzo ;=EET.:
TLIENCE 5 ,7ytj 432?0 FEc-T.e fl-IPNC-E F-ELT:
71-1ENCE: 1.48573`15E 4220 FEET TO TI-+E POINT CF.
SHE PLAN
- SHEET NE SiTE-
32110 S2 of
; 110/97 SITE ADDRESS:
9 5 ! 24600 HALLWDOD COURT
FAFIMINGTON HLLS. Ml. 43335-1671
State: MI; Market: Detroit ; ID: 3211-C Name: Halstead & 11 Mile
OPTION AND SITE LEASE AGREEMENT
c r aragja-n, a:3 j aa ati4. A a.) cnn
THIS OPTION AND SITE LEASE AGREY t NT (this "Agreement") is effective Z—
Dale") between Magna Lomason C: ("Landlord") and AT&T WIRELESS PCS,
agent WIRELESS PCS, INC., d/b/a AT&T\Wireless ("Tenant").
Pent.P,T ika1'3
1997 ("Effective
by and through its
aa taaaa endat po
1. in consideration of a fee of paid to Landlord within 15 business days after execution of this
Agreement, and other consideration, the receipt and sufficiency of which are acknowledged, Landlord grants
Tenant an "Option" to lease "Premises", Exhibit "B", within real "Property", Exhibit "A", owned by Landlord
2. The "1st Option" of 12 months shall commence on the Effective Date and may have an "Friension" of 6
additional months by written notice given to Landlord during the 1st Option and accompanied by an additional fee
of
3. During the 1st Option and Extension, Landlord grants Tenant a license to go upon the Property and Premises
for, and agrees to cooperate with Tenant in, obtaining and maintaining zoning approvals, licenses, tests and
permits for construction, maintenance and operation of Tenant's Antenna Facilities, provided same are at Tenant's
expense and do not bind Landlord, the Premises or the Property if the Option is not exercised. Tenant shall restore
the premises and indemnify and defend Landlord against loss dnmage from exercise of the lease. The "Antenna
Facilities" include all improvements, personal property and related facilities for Tenant's "Permitted Use" which
includes the transmission and reception of radio communication si .1s. After exercise of the Option, Tenant may
construct, maintain, repair, replace or remove the Antenna Facilities, including sleeves, conduit and cable across
the Property to serve the Premises, no part of which shall become a fixture and all of which shall remain the
personal property of Tenant and may be mortgaged by Tenant. Landlord waives all Landlord liens against the
Antenna Facilities.
4. Tenant may exercise the Option, in Tenants sole discretion, by written "Notice" given to Landlord during the
1st Option or Extension, in which case, Landlord grants a "Lease" of the Premises to Tenant for a term of 5 years,
with a "Commencement Date' of the date Notice is given and terminating at midnight on the last day of the month
in which the 5th anniversary of the Commencement Date occurs. Tenant may extend the Lease, on the same
terms, for 4 successive "Additional Terms" of 5 years each, automatically, unless Tenant gives Landlord written
notice during the initial term or any Additional Terms stating Tenant will not extend further.
5. "Rent" in the monthly amount of shall be payable, in advance, at Landlord's address, on the first day
of each calendar month. Rent shall be prorated for any partial month.
Monthly Rent Period
1st Additional Term
2nd Additional Term
3rd Additional Term
4th Additional Term
6. Tenant shall not, except as permitted by this Agreement, use the Premises in any way which interferes with the
use of the Property by Landlord and other tenants and Landlord shall not use, or permit others to use the Property
in any way which interferes with Tenant's Permitted Uses. If there is material Interference with Tenant's Permitted
Use for 24 hours after notice to Landlord, or 10 days after notice to Landlord for other typos of interference, Tenant
will suffer irreparable injury and shall have all remedies at law or equity, including injunction, and Tenant may
terminate the Lease by notice to Landlord.
7. Tenant shall be in default upon failure to pay Rent within 10 days after written notice and shall pay a late
charge of 4% of the overdue Rent plus the Rent to cure; Landlord shall be in default upon failure to cease
Interference within 30 days after written notice; and either shall be in default upon their failure to observe or
perform any other of their respective obligations for thirty (30) days after written notice, unless the default cannot
be cured within 30 days and the party in default commences a cure within 30 days of notice and works diligently to
cure.
8, Landlord shall provide; electricity access to the Premises, provided electricity shall be separately metered to
Tenant, ingress and egress, across the Property, from an improved public road and 24 hour, 7 day per week access
over and under the Property to construct, maintain and service the Premises and the Antenna Facilities. Landlord
grants Tenant an easement during the Lease to park one vehicle upon the Property, outside of and adjacent to the
Premises.
9, Tenant may terminate the Lease, without further liability, on 30 days written notice if: (i) Tenant is unable to
obtain or loses any governmental approval necessary to construct or use the Antenna Facilities in Tenant's
business. Tenant shall have no obligation to appeal or seek renewal of governmental approvals; or (ii) the
Premises, in Tenant's good faith judgment, are or become unacceptable or unusable under Tenant's then current
design or engineering specifications for the Antenna Facilities or the Permitted Use,
10. Tenant shall pay personal property taxes on the Antenna Facilities, Tenant will pay any increase in the Real
Property Tax directly attributable to the Antenna Facilities. Tenant will carry commercial general liability
insurance in an aggregate amount of $1,000,000.00 and name Landlord as an additional insured on the policy or
policies. Landlord and Tenant shall look solely to insurance for loss due to any peril which is covered insurance
and neither party's insurance company shall be subrogated to a claim against the other party. Each party shall
indemnify and defend the other against loss from the their acts and the acts of their employees and agents. The
parties shall share in a condemnation award in proportion to their interest in the property taken.
11. All notices and demands shall be in writing be deemed given if personally delivered, mailed certified mail,
return receipt, or sent by overnight carrier.
12. Tenant will not generate or store any hazardous substances on or about the Premises except in compliance with
applicable hazardous substance laws. Landlord hereby agrees to indemnify and defend Tenant from any losses,
claims, damages, penalties, liabilities or costs that Tenant may suffer as a result of the presence of hazardous
substances or petroleum in, on or under the Property, including the Premises, unless the presence of such
substances was caused by Tenant.
13. Each party shall execute documents for the Premises, Antenna Facilities and Permitted Uses including truthful
and reasonable: estoppels; memoranda of this Agreement; subordinations, which include non-disturbance clauses;
and zoning and permitting requests, applications and authorities; upon not more than 30 days' prior notice. Each
party shall pay fees due a real estate broker claiming through them. This Agreement; shall be construed according
to Michigan law, shall be construed according to the fair meaning of the language, not strictly construed against
either party, may be signed in counterparts, facsimile signatures shall be sufficient unless originals are required by
third parties, may be assigned or sublet, is the complete agreement, is binding on successors and assigns. The
unsuccessful party in litigation shall pay the others attorney fees and costs. In this Agreement, "include" means
"including and not limited to".
c:1
55 ct ,r, LANDLORD: TENANT:
Its: fi'llE.L•--Tvt_ L1 D-
By:
Magna Lomason Company
a Corporation
AT&T WIRELESS PCS, INC., by and through its agent
WIREL.E5S PCS, INC, d/b/aA-T&T Wireless Services
By:
Print Name: Harry A. Lomason
Its: President
Tax ID/SSN:
Address: 24600 Hallwood Court
Farmington Hills, MI 48335
Phone Number:
ATTN: John Burns, Manager
Address: AT& T WIRELESS PCS, Inc.
26877 Northwestern Hwy, Suite 350
Detroit, Michigan 48034
ATCN: General Counsel
) ss,
1997
My commission expires:
9/13/9E_ _ —
Notary Pueblic
Suza9i McCollum
ROBERTA BENTON NOTARY PUBLIC - OAKLAND COUNTY, MI MY COMMISSION EXP, 08/2512000
STATE OF MICHIGAN
COUNTY OF OAKLAND
The foregoing instrument was acknowledged this 15t h day of Januariyig Lom by Harry A. , thason TI
President of Magna Lomas on, !clown to me to be the person executing the foregoing document.
Corporation /
STATE OF MICHIGAN
) ss,
elekcitpktr eCns
, he for-going instrument was acknowledgpdthis 1( day o1ø ttlr. 199,4by-Sf01+ 534.Ak1 , the _
- k of AT&T WIRELESS PCS, Inc., by and through its agent LESS PCS. INC., d/b/a AT&T
Wireless Services, known to me to be the person executing the foregoing document.
COUNTY OF
My commission expires:
'2CGY.)
EXHIBIT "A"
DESCRIPTION OF PROPERTY
Exhibit "A" to Ihc Agreement dated
AT&T WIRELESS PCS. Inc.. by and through
ClEACIt•-)ct t Q Tenant.
4 5
Ck.f2,0ick-ttCrn
. 199 between Magna Lomason Contoa-ny as Landlord and
gent WiRELESS PCS. INC.. d/b/a AT&T Wireless Services, as
ficrip,porN
State: Michigan
Courtly: Oakland
City: Farmington Hills
Description: Commonly Known As 24600 Hallwood Court
PART OF THE SOUTHEAST 1/4 OF SECTION 19, TOWN 1 NORTH, RANGE 9 EAST, CITY OF FARMINGTON
HILLS, OAKLAND COUNTY, MICHIGAN, DESCRIBED AS BEGINNING AT A POINT SAID POINT BEING
DISTANT SOUTH 87 DEGREES 33 MINUTES 00 SECONDS WEST 432.30 FEET ALONG THE EAST AND WEST
1/4 LINE OF SAID SECTION 19 AND SOUTH 02 DEGREES 02 MINUTES 10 SECONDS EAST 479.67 FEET
AND SOUTH 82 DEGREES 41 MINUTES 00 SECONDS WEST 331.21 FEET FROM THE EAST 1/4 CORNER OF
SAID SECTION 19; THENCE FROM SAID POINT OF BEGINNING 97.60 FEET ALONG THE ARC OF A CURVI
TO THE RIGHT, RADIUS 90.0 FEET, CENTRAL ANGLE 62 DEGREES 08 MINUTES 04 SECONDS, CHORD
LENGTH 92.89 FEET AND A CHORD BEARING OF SOUTH 23 DEGREES 45 MINUTES 02 SECONDS WEST;
THENCE SOUTH 15 DEGREES 42 MINUTES 40 SECONDS EAST 595.15 FEET; THENCE 68.53 FEET ALONG
THE ARC OF A CURVE TO THE LEFT RADIUS 51.16 FEET, CENTRAL ANGLE 76 DEGREES 45 MINUTES 00
SECONDS CHORD LENGTH 63.52 FEET AND A CHORD BEARING OF SOUTH 54 DEGREES 05 MINUTES 10
SECONDS EAST; THENCE NORTH 87 DEGREES 32 MINUTES 20 SECONDS EAST 179.42 FEET; THENCE SOUTI
02 DEGREES 02 MINUTES 09 SECONDS EAST 30.00 FEET; THENCE SOUTH 87 DEGREES 32 MINUTES 20
SECONDS WEST 179.20 FEET; THENCE 108.72 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, RADII-
81.16 FEET, CENTRAL ANGLE 76 DEGREES 45 MINUTES 00 SECONDS, CHORD LENGTH 100.77 FEET AND
CHORD BEARING OF NORTH 54 DEGREES 05 MINUTES 10 SECONDS WEST; THENCE NORTH 15 DEGREES 42
MINUTES 40 SECONDS WEST 680.00 FEET; THENCE NORTH 82 DEGREES 41 MINUTES 00 SECONDS EAST
90 00 FEET TO THE POINT OF BEGINNING,
Landlord
Tenant
Initials:
Landlord L
Tenant
EXHIBIT "B"
DESCRIPTION OF PREMISES .v C5
cio(e,(c41;orN,
Exhibit "B" to the Agreement dated I99_ between Magna Lomason Comcativ as
Landlord, and AT&T WIRELESS PCS. Inc., by and through its agent WIRELESS PCS, INC_ clibla AT&T
Wireless Services, as Tenant. `e., cci-froi-\
If survey is made on the Premises, Landlord and Tenant au to sim, and attach the legal description of the
Premises hereto which will then become the description of the Premises,
Commonly Knovvit As: _2,46111,11 Ornair MI
Its:
By
ADDENDUM NO. 1 TO OPTION AND
SITE LEASE AGREEMENT SITE 3211-C
I> This ADDENDUM NO, I TO OPTION AND SITE LEASE AGREEMENT (" Addendum") is attached to
and made a part of that certain Option and Leis94\feemirctiSthe "Agreement") dated —1,01-‘i-aS , 19*V. and
entered into by and between Magna Lomason-r,entpany as ("Landlord"), and AT&T WIRELESS PCS, Inc Thy
and through its agent WIRELESS PCS, INC., d/b/a AT&T Wireless Services ("Tenant") In the event of any
inconsistency between this Addendum and the Agreement, the terms of this Addendum shall control.
No additional or different terms are agreed to.
"Landlord"
Mau Lomason Company
a Corporation
B-y:
Printed Name: Harry A Lomason
Its: President
"Tenant"
AT&T WIRELESS PCS, INC., a itc wo rs? cc, C EC)r-Chor`‘
by and through its agent WIRELESS
PCS, INC, d/b/a AT&T Wireless Services
Resolution #11026 February 9, 2011
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #11026) February 17, 2011
BY: FINANCE COMMITTEE, TOM MIDDLETON, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT = REQUEST FOR APPROVAL OF
SUBLEASE AGREEMENT WITH THE NEW CINGULAR WIRELESS PCS, LLC FOR
PLACEMENT OF RADIO COMMUNICATIONS EQUIPMENT AT 24610 HALLWOOD COURT,
FARMINGTON HILLS, MICHIGAN
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
Miscellaneous Resolution and finds:
1. Under the terms of the sublease agreement between the New Cingular Wireless PCS,
LLC and Oakland County, the County shall install, repair, operate, and maintain
communication equipment inclusive of antennae and related equipment on the existing
tower and grounds located at 24610 Hal wood Court, Farmington Hills, Michigan.
2, The sublease agreement will commence upon the execution by both parties, with an
initial term of five (5) years, and may be automatically extended for four (4) additional
five (5) year terms.
3, The County shall pay an application fee of $2,500 and monthly rent in the amount of
$800 dollars plus the pro-rata share of any applicable taxes; rent shall increase 4% per
year thereafter.
4. The County 9-1-1 Surcharge shall pay for the costs associated with this Sublease.
5. Sufficient funding has been included in Radio Communications Adopted Budget for FY
2011 — FY 2013 to cover the initial application fee and the monthly rental expense for
the duration of the sublease agreement..
6. No budget amendment is recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
Resolution #11026 February 17, 2011
Moved by Middleton supported by Gershenson the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub,
Weipert, Zack, Bosnic, Covey. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
HEREBY APPROVE THE FOREGOING RESOLUTION
ACTING PURSUAW TO 1973 PA 139
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on February
17, 2011, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 17th day of February, 2011.
094.
Bill Bullard Jr., Oakland County