HomeMy WebLinkAboutResolutions - 2017.03.30 - 22831MISCELLANEOUS RESOLUTION #17066 March 30, 2017
BY: Commissioner Thomas Middleton, Chairperson, Finance Committee
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - REQUEST FOR APPROVAL OF
LICENSE AGREEMENT WITH THE STATE OF MICHIGAN FOR PLACEMENT OF MICHIGAN PUBLIC
SAFETY COMMUNICATIONS SYSTEM EQUIPMENT ON AN OAKLAND COUNTY RADIO TOWER
LOCATED AT 196 OAKLAND AVENUE (196 CESAR E. CHAVEZ AVENUE), PONTIAC, MICHIGAN
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Board of Commissioners via MR #90281, authorized the construction of a Radio Tower
located at 196 Oakland Avenue (196 Cesar E. Chavez Avenue), Pontiac, Michigan (hereinafter the
"Tower"); and
WHERES the Board of Commissioners, via MR #95105, sold the property upon which the Tower is
located, but was granted an easement and license for the continued ownership and operation of the
Tower; and
WHEREAS the easement and license permits the County to have third parties locate communication
equipment on the Tower without permission from the owner of the real property; and
WHEREAS the Tower currently has excess space which would permit a third-party to locate
communication equipment thereon; and
WHEREAS the State of Michigan, through the Michigan Public Safety Communications System (MPSCS)
has requested to locate communication equipment on the Tower; and
WHEREAS enhanced MPSCS coverage within Oakland County would be provided by locating MPSCS
communication equipment on the Tower; and
WHEREAS in order for the State to place MPSCS communication equipment on the Tower, the County
requires the execution of a license agreement; and
WHEREAS the attached license agreement allows the State of Michigan to locate communication
equipment on the Tower; and
WHEREAS the State of Michigan, operating the MPSCS, is a governmental entity, and because of this
fact the license agreement does not require a fee for the location of communication equipment on the
Tower; and
WHEREAS the Departments of Information Technology and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached license agreement; and
WHEREAS it is the recommendation of the Department of Information Technology that the Board of
Commissioners accepts and approves the terms and conditions of the attached license agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached license agreement between the County and the State of Michigan.
BE IT FURTHER RESOLVED that the Board of Commissioners hereby directs its Chairperson or his
designee to execute the attached license agreement and all other related documents between the County
and the State of Michigan, which may be required.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
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Commissioner Thomas Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Long and Bowman absent.
OAKLAND COUNTY
COMMUNICATIONS TOWER LICENSE AGREEMENT
This License Agreement (Agreement) is made as of , 2017, between
Oakland County, Michigan, a municipal corporation, whose address is 1200 N. Telegraph,
Building 16 East, Pontiac, MI, 48341 (Licensor), and the State of Michigan, by the Department
Technology, Management, and Budget, Office of the Michigan Public Safety Communications
System (State or Licensee), whose address is 7150 Harris Drive, 2 114 Floor, Wing-A, Dimondale,
MI 48821, which manages the Michigan Public Safety Communications System (MPSCS).
Licensor and Licensee together are referred to as the "Parties."
WHEREAS, Licensor has a license and easement for certain real property located at 196
Oakland Avenue (A/KJA 196 Cesar E Chavez Ave), Pontiac, MI 48342 (Premises), for the
operation and maintenance of a public safety communications tower. The Premises are
described in the attached Exhibit A (legal description).
WHEREAS, the State and Department of Justice, Federal Bureau of Investigation, desire
to improve public safety communication in Oakland County by establishing a MPSCS site in
Oakland County.
WHEREAS, the State has determined that adding communications equipment on the
Premises will improve communications coverage and has requested that Licensor allow it to co-
locate MPSCS equipment on the Premises.
WHEREAS, the Parties enter into this Agreement in which Licensor grants the State a
co-location license to co-locate MPSCS communications equipment (Equipment), on the
Premises.
THEREFORE, in consideration of the mutual promises, covenants and understandings,
the Parties agree:
AGREEMENT
Article I — The Licensed Premises
Section 1.1 Grant of License and Consideration.
Licensor grants the State a non-proprietary, non-exclusive, revocable, license and
permission (License) to install, operate, maintain, remove, and/or replace Equipment, including
use of the Equipment shelter, on the Premises (Licensed Premises), pursuant to the terms of this
Agreement. There shall be no license fee associated with the Licensee's co-location on the
Licensed Premises, given the increased efficiencies for public safety communication, including
communication between the State, Department of Justice, and the FBI.
Section 1.2 The Licensed Premises. The Licensed Premises include:
a. The portion of the Premises identified in Exhibit B for the purpose of placing
Licensee Equipment on the Premises;
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b. vehicular or pedestrian ingress and egress to maintain the Licensee Equipment at
such times and upon such conditions, as will be reasonably approved by the
Licensor; and
c. access to the Premises to install, maintain, repair, and replace Licensee
Equipment, both on the exterior and interior of the tower and equipment shelter,
at such times and upon such conditions, as will be reasonably approved by
Licensor.
Section 1.3 Notice to Licensee. Notwithstanding any provision in this Agreement to the
contrary, this Agreement creates a non-exclusive, non-proprietary, revocable license that does
not grant Licensee a property interest of any kind, but, instead, only grants Licensee permission
to do the acts specified in this Agreement.
Section 1.4 "As-Is" Condition of the Licensed Premises. Licensee assumes sole
responsibility for determining the suitability of the Licensed Premises for Licensee Equipment
and use. Licensor makes no representation, except as otherwise provided in this Agreement, or
warranty, either express or implied, to Licensee regarding the use, condition or fitness for a
particular purpose of the Licensed Premises, Licensor licenses the Licensed Premises on an "As-
Is" basis.
Section 1.5 Communications Equipment on Leased Space. Licensor represents that there is
a license and easement for the Premises and that co-locating the MPSCS Equipment will not
cause a default under any of the terms and conditions.
Article 11— Use of the Licensed Premises
Section 2.1 Permitted Uses.
a. Installation. Maintenance and Operation. The Licensed Premises may be used
only for the installation, maintenance, operation, repair, replacement or removal
of Licensee. Licensee shall pay all costs associated with Licensee Equipment
including, installation, maintenance, and operation.
b. Public Safety Purposes. Licensee may only use the Premises for public safety
communications purposes. Any commercial use by the Licensee is strictly
prohibited and will constitute a default under this Agreement.
c. Damages. Licensee must pay for any damages to the Premises caused by
Licensee Equipment; or by the operation, installation, maintenance, use, or
removal of its Licensee Equipment. Licensor will repair or replace any Licensee
Equipment it damages in the operation, maintenance, use, installation or removal
of Licensor equipment on the Premises.
Section 2.2 No Interest in Real Property. This Agreement does not confer to Licensee any
ownership or possessory interest in any property under the jurisdiction of Licensor, and Licensee
shall not make any claim of ownership interest. Licensee must not mortgage, pledge, or
otherwise encumber the Premises.
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Section 2.3 Installation of the Licensee Equipment.
a. Prior to installing any Licensee Equipment on or at the Licensed Premises,
Licensee, at its own expense, shall have the Licensed Premises, specifically the
Tower, evaluated for load-bearing capacity and for the Tower's ability to accept
Licensee's Equipment without diminishing the Towner's structural integrity. Such
evaluation shall be done by a contractor approved by Licensor. Licensee shall
provide a copy of the evaluation to Licensor at no cost. Prior to installing
Equipment on the Towner, Licensor may require Licensee, at Licensee's expense,
to perform an interference study indicating whether Licensee's intended use will
interfere with any existing communications equipment at the Licensed Premises.
b. If the evaluation or study required by Section 2.3 a. indicate that the proposed
Equipment or the additional or replacement Equipment will interfere with or
affect the load-bearing capacity of the Tower, diminish the Tower's structural
integrity, or cause interference with any equipment already on the Tower, then
such Equipment shall not be installed and this Agreement may be terminated by
Licensor, in its sole discretion, unless Licensor approves such installations in
writing.
c. Materials that will cause corrosion, rust or deterioration of the tower structure or
its appurtenances must not be used in the installation, maintenance, operation,
repair, replacement, or removal of the Licensee Equipment. Licensee must mark
all of its Licensee Equipment on the tower with weatherproof labels, tags, or
plates identifying the Licensee as the owner of its Licensee Equipment.
Section 2.4 Government Approvals. Licensee, at its sole cost, is responsible for obtaining
all permits, certificates and other approvals as may be required by any municipal, county, state or
federal governmental, or regulatory body, or agency for the licensing, installation, operation, use,
maintenance, operation, repair, replacement, or removal of Licensee Equipment. Government
approvals include, but are not limited to, a license issued by the FCC for the installation and
operation of Licensee Equipment on the Licensed Premises, and the FCC rules under the
National Environmental Policy Act, 47 CFR Part 1, Subpart 1 (sections 1.1301-11319), and
National Historic Preservation Act of 1966, 36 CFR Part 800. Licensor shall cooperate with
Licensee in obtaining permits, certificates and other approvals as may be required by any
governmental or regulatory body for the licensing, installation, operation, maintenance, or
removal of Licensee Equipment,
Section 2.5 Modification of the Licensee Equipment. Licensee must not replace, modify, or
make any other changes to Licensee Equipment or Licensed Premises after installation, without
Licensor's prior written approval. However, Licensee will be permitted to replace its existing
Equipment with like equipment by providing notice to Licensor, which notice and confirmation
of receipt by Licensee, may be accomplished via e-mail. If Licensee makes any unauthorized
replacement or modification to the Premises or Licensed Premises, Licensee must pay Licensor
all costs necessary to restore the Premises or Licensed Premises to their prior condition.
Section 2.6 Relocation of Licensee Equipment. Licensor reserves the right to change the
location of Licensee Equipment on the Tower upon written notice to the Licensee to
accommodate Licensor's communications equipment or other users. Licensee must relocate its
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Licensee Equipment within 180 days of receipt of notice to relocate by Licensor. If the relocated
space is unacceptable to Licensee, the Parties, after written notice to Licensee within the 180-day
notice period, must treat this situation as a termination in accordance with Article III, Section
3.7(a) of this Agreement.
Section 2.7 1_,icensee Compliance. All installations, maintenance, operation, repair,
replacement, or removal of Licensee Equipment by Licensee in connection with this Agreement
must meet all applicable Rules and Regulations of the Federal Communication Commission, the
Federal Aviation Administration, and all applicable federal, state and local laws, codes,
ordinances, and regulations. Licensor assumes no responsibility or cost for the licensing,
installation, maintenance, operation, repair, replacement, or removal of Licensee Equipment.
Licensee must operate and maintain its Licensee Equipment in a safe condition and in good
repair. Licensor will not have any responsibility for the care and protection of Licensee
Equipment.
Section 2.8 Access to Licensed Premises.
a. Licensee and its authorized service providers will be permitted unescorted access
to the Premises and the Licensed Premises for purposes of installation, repair, and
maintenance of Licensee's Equipment on a 24 hour/7 day a week basis,
b. Licensor shall have access to the Licensed Premises and the right to inspect the
Licensee Equipment at all times. In the event of an emergency involving a
substantial threat to the material operations of the Licensed Premises (e.g., a fire
at the Licensed Premises), Licensor shall have the right to gain immediate access
to any locked areas on the Licensed Premises by any means necessary, to
discontinue power to the Licensee Equipment immediately, and to perform all
necessary measures to address the emergency. Licensor will have no obligation
or liability to Licensee in connection with emergency measures performed in
accordance with this Section. Licensee shall be notified of the emergency
immediately. Licensor shall restore power to Licensee Equipment, if applicable,
as soon as practicably possible upon the elimination of the emergency.
Section 2.9 Title to the Licensee Equipment. Title to Licensee Equipment must be in the
name of Licensee. Licensee Equipment must remain the Licensee's personal property and must
not be deemed to be fixtures for any purpose. Licensee has the right to remove all of Licensee
Equipment, at its sole expense, on or before the expiration or termination of this Agreement;
however, Licensee shall repair any damage to the Premises caused by such removal; which
removal is subject the terms of this Agreement, including but not limited to Article III, Section
3.7 (Removal Upon Termination).
Section 2.10 Interference. Licensee Equipment shall not cause measurable interference to
equipment existing on the Premises as of the date this Agreement. Licensee Equipment shall not
create a nuisance to local residents or other telecommunication users on the Tower. Licensee
shall cooperate with Licensor to the extent reasonably necessary to determine the source of any
interference. In the event Licensee Equipment causes measurable interference, and after Licensor
has notified Licensee of such interference, Licensee shall take all steps necessary to correct and
eliminate the interference within 48 hours of notice of interference, at the Licensee's expense. If
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the interference continuously s reduces the required quality of Licensor's communications,
Licensee shall immediately undertake such action as may be required until the interference has
been eliminated or remedied. Licensee shall cooperate with Licensor and other licensees on the
Premises, to the extent reasonably necessary to determine the source and correction of any
interference. Licensor shall include interference resolution requirement in all licenses granted for
the Premises.
Section 2.11 Radio Frequency Emissions. Licensee shall be responsible for ensuring
Licensee Equipment does not cause radio frequency (RF) emissions that are in excess of the safe
limits established by applicable FCC regulations (RF Standards). By installing Licensee
Equipment, Licensee represents and certifies that Licensee Equipment does not violate or violate
in conjunction with other RF sources located on the Premises as of the date of this Agreement, or
the RF Standards.
Section 2.12 Radio Frequency Compliance and Coordination. Licensor shall coordinate
with other users on the Premises, to the extent necessary, to ensure continued compliance with
the RF Standards. Licensee shall maintain technical information supporting its continued
compliance with the RF Standards and shall make such information available to Licensor upon
request. In the event that Licensee discovers any noncompliance with the RF Standards,
Licensee shall immediately notify Licensor and describe the steps taken to immediately come
into compliance. If Licensor notifies Licensee that it has determined that Licensee Equipment is
the source of or contributes to RF emissions in excess of the RF Standards, then Licensee shall
take all necessary actions to immediately bring Licensee Equipment and the Licensed Premises
into compliance with RF Standards and to provide evidence of such compliance to Licensor.
Section 2.13 Tower Compliance. Licensor covenants that it will keep the Tower in good
repair as required by all federal, state, and local laws. Licensor shall also comply with all rules
and regulations of the FCC and the FAA with regard to the lighting, marking and painting of
towers. However, if additional marking and/or lighting requirements are imposed as a result of
the installation, maintenance, operation, replacement or removal of Licensee's Equipment,
Licensee, upon written approval of Licensor, shall be solely responsible for installing the
additional markings and/or lights and for the payment of all costs and expenses related to such
additional requirements.
Article III — Term and Termination
Section 3.1 Term. The initial term of this Agreement shall be 5 years with 3 renewal terms
of 5 years. The renewal terms shall commence automatically without further action on the part of
the Parties, provided that, (i) Licensee is not in default, (ii) Licensor's lease or this Agreement
has not expired, or been terminated, (iii) Licensor does not need the space for its system's
growth, or (iv) Licensor is unable to continue to license the Licensed Premises for any reason
relating to ownership of the Premises. The renewal terms shall be governed by the terms and
conditions of this Agreement.
Section 3.2 Termination. Either Party may terminate this Agreement unilaterally and without
cause at any time upon 30 days prior written notice to the other Party. Upon the written approval
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of Licensor, in its sole discretion, 30-day extensions may be granted if necessary for Licensee to
obtain FCC approval of the transfer to a new location or for other good cause.
Section 3.3 Effect of Termination. Following the effective date of termination for this
Agreement, neither Party shall have any further obligation nor liability under this Agreement,
other than as may be specifically set forth in this Agreement. Nothing in this Section shall
relieve Licensee of any obligation that arose prior to the expiration, cancellation or effective date
of termination of the Agreement or of those obligations that impose a continuing obligation.
Section 3.4 Dispute Resolution and Default.
a. The Parties agree to resolve disputes at the lowest management level of each
Party. In the event the issue remains unresolved, the parties agree to immediately
escalate the issue to the respective project managers for their consideration. The
managers will consider the details of the non-performance issue, assess whether
there have been past issues of non-performance, determine how long the non-
performance has been continuing, determine the seriousness of the non-
performance, and negotiate, in good faith, a mutually agreeable solution. In the
event the managers cannot agree on a solution, the non-performance issue shall be
directed to the MPSCS.
b. In the event there is a default by either Party with respect to any of the provisions
of this Agreement or its obligations under it that cannot be resolved through the
dispute resolution process, the other Party shall give the breaching Party written
notice of such default as provided in Section 6.1 (Notices). After receipt of such
written notice, the breaching Party shall have 7 days in which to cure any default,
provided the breaching Party shall have such extended period as may be required
beyond the 7 days if the nature of the cure is such that it reasonably requires more
than 7 days and the breaching Party commences the cure within the 7-day period
and thereafter continuously and diligently pursues the cure to completion. If the
breaching Party fails to cure the default within the time periods provided in this
Section, the other Party may terminate immediately upon written notice.
Section 3.5 Licensor's Action upon the Licensee's Default. The dispute resolution and
default provision in Section 3.5 do not otherwise limit or prejudice any other rights the Parties
may have in law, equity or otherwise to take action against each other for failure to perform any
obligation under the Agreement and/or the Exhibits or breach of any term or condition of the
Agreement and/or the Exhibits (Default),
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Section 3.6 Removal upon Termination.
a. Upon termination of the License, Licensee shall, at it is sole expense remove
Licensee Equipment within 90 days after termination ("Removal Period") and
restore the licensed Premises to its original condition, as determined by Licensor,
reasonable wear and tear excepted.
b. During the Removal Period Licensee may continue to use the Licensed Premises.
Section 3.7 Abandoned Equipment. Any Licensee Equipment or other property of
Licensee, remaining on Licensed Premises after the expiration of the Removal Period shall be
deemed to have been abandoned and may be disposed of as Licensor sees fit. Licensee shall
reimburse Licensor for all expenses incurred by Licensor in removing, storing or disposing of
Licensee's abandoned equipment.
Article IV — Satisfaction of Conditions
Section 4.1 Approval of the Agreement and Installation of Licensee Equipment. Licensee
acknowledges that all of the necessary documentation required of the Licensee and other related
documents, have been provided to and approved by Licensor.
Section 4.2 Environmental.
a. Compliance with Environmental Laws. Licensee, at its sole expense, shall fully
comply with all applicable federal, state and local environmental laws, rules,
regulations and ordinances in connection with the Agreement and Licensed
Premises.
b. Notification of Hazardous Condition. Licensee shall promptly notify Licensor in
writing upon learning of any Hazardous Condition on the Licensed Premises such
that remediation may be required pursuant to any applicable laws, rules or
regulations and before disturbing such Hazardous Condition. As used in this
Agreement, "Hazardous Condition" means the release, or the threatened release,
or the presence, use, treatment, storage or disposal of, any material or substance
regulated as a hazardous, toxic or dangerous substance, pollutant or waste under
federal, state, or local environmental laws, rules or regulations.
c. Hazardous Substances. Licensee shall not bring onto the Licensed Premises any
Hazardous Substance, Hazardous Waste, Pollutant, asbestos, polychlorinated
biphenyls (PCBs), petroleum product or other fuel without the prior written
consent of Licensor, except as same is contained in any vehicle, cleaning product
or back-up power unit or generator brought onto the Licensed Premises in the
pursuance of the Licensee's rights under the Agreement or in the ordinary course
of business. As used in this Agreement, "Hazardous Substance" has the same
meaning as in the Comprehensive Environmental Response, Compensation and
Liability Act, 42 USC 9601 et seq., as amended, or amended regulations thereto
and as defined in the Michigan Natural Resource and Environmental Protection
Act, MCL 324.101 et seq.; "Hazardous Waste" has the same meaning as in the
Resource Conservation and Recovery Act, 42 USC 6901, et seq., and any
subsequent or amended regulation; and "Pollutant" has the same meaning as in
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the Federal Water Pollution Control Act, 33 USC 1251 et seq., and any
subsequent or amended regulations thereto.
d. Remediation Responsibility. Except as provided in Section 4.5(e) (Hazardous
Substances), in the event Licensee, or any of its affiliates, agents, employees or
contractors introduces any Hazardous Condition to the Licensed Premises directly
or indirectly, Licensee shall be solely responsible for removing such introduced
materials and for remediation of the Hazardous Condition caused by Licensee, or
any of its affiliates, agents, employees or contractors.
e. Survival of Section, This Section shall survive the expiration or termination of
this Agreement,
Article V — Utilities, Taxes, Insurance and Casualty
Section 5.1 Electricity, Uninterrunted Power Source, and Generator Power. Licensee
shall be responsible for obtaining any utility services or other services to the Licensed Premises
that it desires. Licensor shall not be liable for providing any utilities or services to the Licensed
Premises.
Section 5.2 Utility Service. Licensee shall not authorize a utility company to place a utility
line to or on the Licensed Premises. Only Licensor may authorize use of the Licensed Premises
for utility purposes. Any utility company shall obtain an easement or permit from Licensor prior
to any installation, maintenance, operation, replacement, and/or repair, which consent shall not
be unreasonably withheld, conditioned or delayed.
Section 5.3 Taxes. Licensee shall have the sole responsibility to pay any applicable taxes, real
or personal, levied on the Licensed Premises, Licensee Equipment and its owners or users, in
connection with its use of the Licensed Premises and/or the installation, maintenance and
operation of Licensee Equipment pursuant to Michigan law, including, but not limited to the
Michigan General Property Tax Act, 1893 PA 206 (MCL 211.1, et seq.), Jeopardy Assessment
of Personal Property Taxes Act, 1956 PA 55 (MCL 211,691, et seq.), Taxation of Lessees or
Users of Tax-Exempt Property Act, 1953 PA 189 (MCL 211.181 and 182) and those taxes
administered under the Revenue Act, 1941 PA 122 (MCL 205.1 et seq.). Notwithstanding
anything to the contrary in this Agreement, Licensee acknowledges and agrees that Licensor
shall maintain and may assert any and all rights, interest and remedies available for non-payment
of any applicable taxes under Michigan law.
Section 5.4 Insurance and Indemnification. Each Party is self-insured and is solely and
entirely responsible for its acts and the acts of its employees, agents, servants, contractors,
subcontractors, and volunteers during the performance of this Agreement. Nothing in this
Agreement must be construed to express or imply that either Party assumes any of the other
Party's obligations or indemnifies the other, or in any manner waives its governmental or
sovereign immunity or its status as an independent public safety agency.
Section 5.5 Casualty. In the event of damage by fire or other casualty to the Licensed
Premises that cannot reasonably be expected to be repaired within 45 days following same or, if
the Licensed Premises are damaged by fire or other casualty so that such damage may reasonably
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be expected to disrupt Licensee's operations at the Licensed Premises for more than 45 days,
then may at any time following such fire or other casualty, provided Licensor has not completed
the restoration required to permit Licensee to resume its operation at the Licensed Premises,
terminate this Agreement upon 15 days written notice to Licensor. Any such notice of
termination shall cause this Agreement to expire with the same force and effect as though the
date set forth in such notice were the date originally set as the expiration date of this Agreement.
Section 5.6 Condemnation. If a governmental authority with the power of eminent domain
condemns the Premises or the Licensed Premises, the Agreement shall terminate as of the date
upon which Licensee is required to remove Licensee Equipment from the Licensed Premises.
Article VI— General Terms
Section 6.1 Notices. All notices hereunder shall be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees delivery to
the addressee by the end of the next business day following the courier's receipt from the sender,
addressed as follows (or any other address that the Party to be notified may have designated to
the sender by like notice).
Licensee: MPSCS
P. 0. Box 30631
Lansing, MI 48909
Attention: MPSCS Director
Phone: (517) 284-4100
Fax: ( 517) 284-4066
Licensor: Radio Communications
Attn: Supervisor
1200 North Telegraph, Bldg. 16E
Pontiac, MI 48341
Phone: 248.858.1100
Fax: 248.452.9873
and
Oakland County Corporation Counsel
1200 North Telegraph, Dept. 419
Pontiac, MI 48341
Phone: 248.858.0550
Fax: 248.858.1003
Notice shall be effective upon mailing or delivering the same to a commercial courier, as
permitted above.
Section 6.2 Governine Law. This Agreement shall be governed by the laws of the State of
Michigan.
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Section 6.3 Non-Discrimination. In performing its obligations under this Agreement, the
Parties agree not discriminate against any employee or applicant for employment, with respect to
their hire, tenure, terms, conditions or privileges of employment, or any matter directly or
indirectly related to employment, because of race, color, religion, national origin, age, sex,
height, weight, marital status, physical or mental disability that is unrelated to the individual's
ability to perform the duties of a particular job or position. Any breach of this Section shall
constitute a material breach of the Agreement.
Section 6.4 Unfair Labor Practices. Licensee may terminate this Agreement, if Licensor or
any of its contractors, subcontractors, manufacturers or suppliers appear in the register compiled
pursuant to 1980 PA 278, as amended, MCL 423.321 et seq. (Employers Engaging in Unfair
Labor Practices Act).
Section 6.5 Complete Agreement/Modification. This Agreement represents the entire
agreement between the Parties regarding all issues incident to Licensee's co-location and that no
verbal or oral agreements, promises or understandings shall be binding upon either party. No
alteration, amendment, change, and/or modification of this Agreement shall be binding upon the
Parties unless reduced to writing and executed by both Parties.
Section 6.6 Invalidity/Non-Waiver. In the event any provision of this Agreement is found to
be invalid or unenforceable, such finding shall not affect the validity and enforceability of the
remaining provisions of this Agreement. The failure of either party to insist upon strict
performance of any of the terms or conditions of this Agreement or to exercise any of its rights
under this Agreement shall not waive such rights and such party shall have the right to enforce
such rights at any time and take such action as may be lawful and authorized under this
Agreement, either in law or in equity.
Section 6.7 Assignment. Licensee shall not assign, transfer, pledge, mortgage or encumber
this Agreement without the prior written consent of the Licensor.
Section 6.8 No Sublicensing. Licensee shall not sublease, sublicense, or sublet all or any
portion of the Licensed Premises without the prior written consent of Licensor.
Section 6.9 Force Maleure. The time of performing any duty or obligation of the Parties
under this Agreement shall be extended for the period during which performance was delayed or
impeded by reason of riots, insurrections, war, fire, casualty, earthquake, acts of nature,
governmental action or other reasons of a like nature not the fault or, in the case of governmental
action, not reasonably within the control of the party required to perform such duty or obligation.
Section 6.10 Section Headings. The section headings used throughout this Agreement are
provided for convenience only and shall not control the interpretation of this Agreement.
Section 6.11 Counterparts. This Agreement may be signed in one or more counterparts, each
of which shall have the force and effect of an original, and all of which shall constitute but one
document.
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Section 6.12 Authority to Contract. Each party represents and warrants that it has the
power to enter into the Agreement and that the person signing the Agreement has the authority to
bind its respective party.
Section 6.13 Role and Authority of DTMB. Licensor shall deal directly and solely with the
Department of Technology, Management and Budget, or its successors or assigns, in connection
with the Premises and Licensee's performance under the Agreement.
Section 6.14 Effective Date. This Agreement's effective date is the date it is approved by
Licensor.
The authorized representatives of the Parties approved and executed this agreement on the date
below each signature.
LICENSOR:
OAKLAND COUNTY, MICHIGAN
By
Michael J. Gingell, Chairperson
Oakland County Board of Commissioners
Date:
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LICENSEE:
STATE OF MICHIGAN:
Department nflectTlizlogy
By:
Brirdief A:Stoddard
Director MPSCS
Date:
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EXHIBIT A
Premises—Legal Description
For purposes in the attached Communications Tower License Agreement, the Premises
are defined and described as being part of Lots 13, 21, and 22, and vacated alley, and beginning
at a point on the Northwest line of said Lot 22 distance N45°24'44"E, 13.48 Ft. along said
Northwest line from the most Westerly corner of said Lot 22; Thence N22°36'58"E, 76.97Ft;
Thence S44°49'25"E, 62.28Ft; Thence S22°36'58"W, 7937 Ft; Thence N52°00'12"W, 59.65
Ft; Thence N22°36'58" E, 10.87 Ft to the point of beginning.
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051310 TX 12 ea.)
EXHIBIT
Licensee Equipment
SYMBOL LIST
SITE MARK SIZE A III trbi mans B 112 112.2 l/20/16
0E610 RXII ea
Licensee Equipment MATERIAL STRENGTH
GRADE -----Fi u i GP.4.1 .. Fe ABOU 58 lai OW 55341-35 6) )14 AIS J6 tad 6111n11 I
TOWER DESIGN NOTES
-I. Tower is located In Poulenc, county. Michigen. 2, 'rawer desired lef Expastre C te the TIA•2224 Standere,
3. Tower designed tor a 90 rnph basic wind In accordance with the TIA-222-G Standard.
4. Taw IS also designed Inc a 40 mph basic wind wItn 1.00 In Ice. Ica is conaldtred to
Increase In thickness with hated.
5 13611063):06 are based open a 50 mph wind. 6: Tower Simone Class II,
7, T,-,• mak Category 1 with Crest Haight cd 080 It
8 TOwaR RATitis 103.2%
mk 200' (1 en.)
„I 6 dish
" Licensee Equipment
ALL REACTIONS
ARE FACTORED
MAX CORNER REACTIONS AT EASE
DOWN: 253K
SHEAR 30K
UPLIFT' .303K
SHEAR 35 ri
AXIAL
170 K
MOMENT
2411 klp-lt
TORQUE la ft 40 mph WIND • 000010 ICE Awe.
40 K
SHEAR' I MOMENT
50K 1 _I } 73821104
TORQUE 40104
REACTTONS • 20 mph WIND
GeoStructural, LLC
PO Box 2621 Bose.. ID 83701
Phone. 530.539,47E7
FAX wwv.i baostRickeel earn
Ponf lac . .
PR*^-t strucartal Analysis . ROV 1
°-°"'" 41' ow G Arod °NT- Oakland County -= TIA,222-0 co, %Ards s4' NTs
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14
FINAL VERSION
3/11/
Resolution #17066 March 30, 2017
Moved by Fleming supported by Bowman the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Fleming, Gershenson, Hoffman, Jackson, Kochenderfer, KowaII, Long,
McGillivray, Middleton, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (18)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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 March 30,
2017, 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 30th day of March, 2017.
Lisa Brown, Oakland County