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HomeMy WebLinkAboutResolutions - 2003.09.18 - 27334MISCELLANEOUS RESOLUTION #03242 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CITY OF FARMINGTON HILLS FOR THE NEW COUNTY-WIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by 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 interoperatibility 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 encompass all public safety agencies and create interoperability between public safety agencies; and WHEREAS to properly implement and operate the new 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 construction license and lease agreement for the premises located at 31655 West Eleven Mile Road, Farmington Hills, Michigan. WHEREAS under the attached construction license and lease agreement, the County will construct the tower located at 31655 West Eleven Mile Road, Farmington Hills; the County will sell the tower to the City of Farmington Hills for one ($1) dollar upon completion, and the City of Farmington Hills will lease the County space on the tower for one ($1) dollar per year. WHEREAS the Departments of Facilities Management, Information Technology, and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached construction license and lease agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached construction license and lease agreement between the County of Oakland and the City of Farmington Hills. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson to execute the attached construction license and lease agreement between the County of Oakland and the City of Farmington Hills. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE September 4, 2003 Planning & Building Committee Vote: Motion carried on unanimous roll call vote CONSTRUCTION LICENSE AND LEASE AGREEMENT This AGREEMENT ("Agreement") entered into this day of , 200 , by the County of Oaldand, a municipal and constitutional corporation located at 1200 North Telegraph Road, Pontiac, MI 48341, acting by and through its Department of Information Technology ("County") and the City of Farmington Hills, a municipal corporation located at 31555 West Eleven Mile Road, Farmington Hills, MI 48336 ("Municipality"). BACKGROUND A. Municipality is the owner in fee simple of a parcel of land located at 31655 West Eleven Mile Road, Farmington Hills, MI, 48336 whose legal description is set forth in Exhibit A ("the Land"). B. County is a municipal and constitutional corporation desiring to construct a one hundred eight-five (185) foot high monopole Tower to operate a County-wide public safety radio system ("Tower") on the Land. C. Upon completion of the construction of the Tower and upon final acceptance of the Tower by the County from its contactor, the County will sell the Tower to Municipality for $1.00 in exchange for lease space on the Tower for the County's public safety radio equipment. D. In consideration of the mutual covenants contained in this Agreement, the Parties agree to the following terms and conditions. ARTICLE I - DEFINITIONS 1. "Agreement" shall mean this Agreement including Articles I, II, and ifi and all exhibits attached to this Agreement. 2. "Commencement Date" shall mean the date that Tower ownership is transferred by written document to the Municipality. 3. "Day" shall mean calendar day, unless otherwise specified in this Agreement 4. "Equipment" shall mean all County public safety radio equipment and related equipment set forth in Exhibit D. 5. '"Exhibits" shall mean the following Exhibits that are or shall be attached when available and approved as provided herein: (1) Exhibit A is the legal description of the Land; (2) Exhibit B are site plans and construction drawings for the tower; (3) Exhibit C are any plans, drawings, and specifications that are submitted to and approved by the Municipality Building Department in connection with permit application and issuance, that are not part of Exhibit B, together with copies of any approvals, permits, or licenses issued by Municipality; and (4) Exhibit D is a list of the County's Equipment to be placed on the Tower and/or at the Site. 6. "Interference" shall mean a material impairment of the quality of sound, picture, or data signals of any broadcasting activity or electronic equipment use as compared with that which would be obtained if no other entity were using or had equipment on the Tower different than what existed or had been approved for installation at the Commencement Date. 2002-0283-1Final Farmington Frills AgreementDOC Page 1 of 11 7. "Land" shall mean the legal description of property set forth in Exhibit A, which is located at 31655 West Eleven Mile Road, Farmington Hills, 8. "Site" shall mean the vertical space on the Tower and the space in the Farmington Hills Fire Hall leased to the County. 9. "Tower" shall mean the one hundred eighty-five (185) foot high monopole tower constructed by the County pursuant to Exhibits B and C. ARTICLE II- TOWER CONSTRUCTION LICENSE 1. The County and its contractors, consultants, agents and employees shall have a license to enter in and upon the portions of the Land, as necessary, to construct the Tower in the location and manner depicted and described in Exhibit B. 2. Prior to commencing construction, the County shall submit all plans for construction of the Tower to the Municipality for approval (such approval shall not be unreasonably withheld). The construction plans shall become Exhibit B to this Agreement. Prior to construction, the County shall apply for and obtain all necessary governmental approvals, permits and/or licenses to construct the Tower pursuant to Exhibit B. The governmental approvals, permits and/or licenses issued by the Municipality shall become Exhibit C to this Agreement. 3. The County shall provide written notice to the Municipality identifying the County's contractors, consultants, agents and employees that will be on the Land as part of the Tower construction. 4. Construction of the Tower shall be at the sole cost, expense and risk of the County, with the exception of any permit or other fees that would otherwise be payable to the Municipality, which are hereby waived. 5. All construction activities shall be conducted in a good, professional, workmanlike manner, in compliance with all applicable laws, regulations, rules, and ordinances, and without damage or injury to the Land, persons lawfully on the Land, or property of the Municipality or third persons on the Land. 6. Immediately after completion of the Tower construction, all areas of the Land that were disrupted or disturbed shall be restored by the County to a condition that was as good as what existed prior to commencement of construction. 7. The County shall require its contractor to provide Performance Bond in the amount of 100% of the Tower construction costs. County shall be responsible for payment of all of its contractors and other persons performing work or providing materials on the Land so that no liens are filed against it, and shall immediately secure a full and unconditional discharge of any liens which are filed upon receiving written notice of such a lien from the City or otherwise. 8. Upon completion of the Tower construction and final acceptance of the Tower by the County from its contractor, ownership of and all warranties for the Tower shall be transferred by the County to the Municipality in a written document, which the Municipality shall accept upon determining that the Tower and related work has been satisfactorily completed. 9. If for any reason construction of the Tower is not completed by the County in the time and 2002-0283-1Final Farmington Hills Agreement.DOC Page 2 of 11 manner required, and upon written request of the Municipality, the County shall remove that portion of the Tower that was completed and restore all areas of the Land that were disrupted or disturbed to a condition that was as good as what existed prior to commencement of construction, or the Municipality may complete construction of the Tower, in which case any work completed by the County shall become the property of the City without any payment or other obligation. ARTICLE ILI - LEASE AGREEMENT §1. Agreement Site. The Municipality leases to the County and the County leases from the Municipality the vertical space on the Tower for the installation, maintenance, and operation of public safety radio equipment and related equipment as ("Equipment") as set forth in Exhibit D; and space in the existing equipment room at the Farmington Hills Fire Hall to place Equipment as set forth in Exhibit D. The vertical space on the Tower and space in the Farmington Hills Fire Hall shall be collectively referred to as the "Site". §2. Term. 2.1. This Agreement shall commence on the date that the Tower ownership is transferred to the Municipality ("Commencement Date") and end on the fifteenth (15 th) anniversary of the Commencement Date. Upon expiration of the Initial Term, this Agreement shall be automatically renewed for up to three (3) additional terms of five (5) years each (Renewal Term), unless this Agreement is terminated earlier as provided in this Agreement, or the County provides written notice to the Municipality of its intent not to renew the Agreement at least three (3) months prior to the end of each current term in which event this Agreement shall expire at the end of that term. 2.2. In consideration of the fact that the Municipality was one of the first communities to approve the use of its property for the construction of a tower as part of the County-wide public safety radio system, notwithstanding the length of the Initial Term, if after two (2) years from the Commencement Date, the Municipality is not satisfied with the County's progress in constructing and/or acquiring the rights to construct the other towers that were to be part of the County-wide system, the Municipality may give the County a six (6) month written notice of the Municipality's intention to terminate this Lease. During the six (6) month period following such a notice, the County shall provide the Municipality with written documentation of the status and progress on all towers that were planned as part of the County-wide system. Upon the expiration of the six (6) month period and after considering the County's documentation and any communications with the County, if the Municipality is still not satisfied with the progress and/or any additional consideration or amended terms and conditions proposed by the County for continuing this Lease, the Municipality may terminate this Lease by written notice to the County. Section 2.2 shall be null and void two (2) years and six (6) months after the Commencement Date. §3. Rent: 3.1. The County shall pay the Municipality, the sum of one dollar ($1.00) ("Base Rent") annually during the Initial Term and any Renewal Period of this Agreement, as rent for the Site. 2002-0283-1Final Farmington Hills AgreementDOC Page 3 of 11 §4. Use of Site. 4.1. The County shall use the Site and/or Tower for the operation of Equipment, for the placement of Equipment in the existing equipment room at the Farmington Hills Fire Hall, or as agreed to by the Parties in writing. 4.2. The County's use of the Site shall be limited to the operation of a County-wide public safety radio system and will comply with all applicable laws, regulations, rules, and ordinances. 4.3. The County and Municipality shall not install equipment or conduct operations on the Tower and/or Site in a manner which will prevent, obstruct, or interfere with the other Party's communication uses of the Tower and/or Site as set forth in this Agreement §5. Installation, Alterations, Repairs and Maintenance of Equipment 5.1. The Equipment to be placed or installed at the Site is set forth in Exhibit D. 5.2. The County may replace used, broken or obsolete Equipment with equipment that has similar physical dimensions, characteristics and impact as the existing equipment, provided notice is given to Municipality before or within a reasonable time after replacement. The County shall not install equipment in a manner that may adversely affect the physical and structural integrity and capacity of the Tower and/or Site as designed or that causes damage to Municipality's property. 5.3. Except as allowed in Section 5.2 above, the County shall not make any other alterations or improvements to the Tower and/or Site without Municipality's prior written consent, which shall not be unreasonably withheld. The Municipality shall not be required to consider any request by County under this Section unless it is accompanied by detailed plans and specifications, which if approved, will amend the appropriate Exhibits to this Agreement. 5.4. County shall be responsible for obtaining and paying for all governmental approvals, permits and/or licenses necessary for the installation, alteration, repair, and maintenance of the Equipment. 5.5. The installation, alteration, repair, and maintenance of the Equipment, shall be performed in a workmanlike manner (consistent with good construction and engineering practices) and shall be completed in compliance with all applicable laws, rules, ordinances, and regulations. 5.6. County shall be responsible for payment of all of its contractors and other persons performing work or providing materials on the Site so that no liens are filed against it, and shall immediately secure a full and unconditional discharge of any liens which are filed upon receiving written notice of such a lien from the City or otherwise. §6. Interference The Parties recognize the potential for broadcast and electronic interference inherent in multiple use of the Tower and the need to cooperate with each other to provide reliable public safety radio communications while preventing the occurrence of interference and promptly eliminating it if it occurs. 6.1. Each Party shall create and maintain a written record of the day, time, and nature of all equipment placed, or work performed on the Tower or Site, and of any changes or 2002-0283-1 Final Farmington Hills AgreementDOC Page 401 11 adjustments made in their operations. As between the Parties and without waiver of any exemption from public disclosure under the Freedom of Information Acts, such records shall be disclosed to the other Party in connection with an Interference claim. 6.2. The Parties shall promptly notify the other of any interference experienced with their respective broadcasting activities believed to be attributable to the other Party's activities including the date and time it was first experienced and a description of the interference. 6.3. If Interference with either Party's broadcast activities or electronic equipment is caused by a change in the Municipality's or County's Equipment or operations from those which existed upon Commencement Date, the Parties will cooperate in taking reasonable steps to correct the condition causing the interference, as provided in Section 6.4. 6.4. Claims regarding Interference and any disagreements regarding the existence and sources of Interference shall be resolved consistent with the following general principles or as may be otherwise agreed by the Parties. (i) Time is of the essence. (ii) Interference claims should be specifically described, and whenever possible, specify the alleged or potential sources and proposed or requested corrective measures. (iii) Parties alleged to be causing Interference shall voluntarily implement requested corrections if it is possible and it can be done without compromising public safety communications, consistent with their analysis of the claim. (iv) Parties causing or contributing to Interference shall be responsible for the cost of correction. (v) Disputes regarding the existence and/or sources of claimed Interference shall be resolved, when necessary, by analysis and opinion of an independent expert, selected at random, from names submitted by the Parties involved in the dispute, with the cost of the independent expert to be paid pro rata by the Parties found to be causing or contributing to the Interference. §7. , Assignment and Subletting. 7.1. The County shall not assign this Agreement in whole or in part, or sublet all or any part of the Site without the Municipality's written consent. §8. Fees for Municipality. 8.1. Unless otherwise agreed by the Parties in writing, the Municipality shall not be required to make any expenditure or pay any fee in connection with this Agreement §9. Maintenance of Tower and Site. 9.1. To ensure physical and structural integrity, the Municipality shall, at its own expense, maintain the Site and the Tower (consistent with its design) in good working order, condition, and repair, and in compliance with all applicable laws, regulations, rules, and ordinances. The Municipality and the County shall keep the Site free of debris. The 2002-0283-1Final Farmington Hills AgreementDOC Page 5 of 11 County shall reimburse the Municipality for damages to the Tower and/or Site, which are caused by the County. §10. Access to Site. 10.1. The County shall have the right to access the Site twenty-four (24) hours a day, seven (7) days a week. The Municipality shall have the right to enter the Site to examine and inspect the Site. §11. Utilities. 11.1. The Municipality shall provide the electric and other utility services, including emergency generator power, necessary for the operation of the public safety radio equipment and related equipment set forth in Exhibit D. §12. Quiet Enjoyment. 12.1. The County shall peaceably and quietly enjoy and hold the Site, the rights, and the privileges granted under this Agreement without hindrance or interference by the Municipality. §13. Governmental Approvals. 13.1. This Agreement is contingent upon the County obtaining and maintaining all necessary governmental approvals, permits, and/or licenses that the County deems necessary and are required by law. If such approvals, permits, and/or licenses are not obtained or maintained, then the County may terminate this Agreement and proceed pursuant to Section 14. §14. Termination. 14.1. Termination by Municipality: Upon thirty (30) days written notice, the Municipality may terminate this Agreement if: (1) The County fails to use the site according to use set forth in Section 4, or (2) the County is in breach of the Agreement and has failed to cure the breach within sixty (60) days of receiving notice from Municipality that County is in breach. The notice from Municipality, setting forth the breach, shall sufficiently describe the breach so as to give the County enough information to cure such breach. 14.2. Termination by County: Upon ninety (90) days written notice, the County may terminate this Agreement if the County determines that this Agreement is no longer necessary for County purposes or for technological reasons. 14.3. Within ninety (90) business days of termination, unless otherwise agreed to by the Parties, the County shall remove all of its Equipment from the Tower and/or Site. §15. Condemnation. 15.1. In the event the entire Land is taken by eminent domain, this Agreement shall terminate as of the date title to the Land vests in the condemning authority. In the event a portion of the Land is taken by eminent domain so as to materially hinder effective use of the Tower and/or Site by the County, either Party shall have the right to terminate this Agreement as of said date of title transfer, by giving thirty (30) days written notice to the other Party. In the event of any taking under the power of eminent domain, the County shall not be entitled to any portion of the reward paid for the taking and the Municipality shall receive 2002-0283-1Final Fannington }Ells AgreementDOC Page 6 of 11 full amount of such award. The County shall have the right to claim and recover from the condemning authority, but not from Municipality, such compensation as may be separately awarded or recoverable by County on account of any and all damage to the County and any costs or expenses incurred by the County in moving/removing its equipment, personal property, and leasehold improvements. §16. Damage or Destruction of Tower. 16.1. If the Tower or any portion of the Tower is destroyed or damaged so as to hinder the County's effective use of the Tower and subject to any County reimbursement under Section 9, the Municipality shall repair such damage or rebuild the Tower as soon as possible and restore the Tower to the same condition which existed immediately prior to the damage or destruction. §17. Liability. 17.1. Each Party shall be responsible for the following: (1) the Party's acts and omissions; (2) the acts and omissions of the Party's employees and agents; (3) the costs associated with the Party's and/or its employees' and agents' act and omissions; (4) the defense of the acts and omissions of the Party and/or its employees and agents; and (5) any damages, injury, or loss of property or persons arising from or in connection with the Party's equipment and/or operation on the Tower and/or Site. §18. Environmental Matters. 18.1. For purposes of this Agreement, "Hazardous Material" includes any hazardous, toxic or dangerous waste, substance or material as defined in the Comprehensive Environmental Response, Compensation, and Liability Act, or any other existing federal or state statute, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material. 18.2. County will not generate or store any hazardous material on or about the Site, unless approved by the Municipality. 18.3. The provisions of this Section shall survive the termination of this Agreement §19. Insurance. 19.1. The County shall maintain the following: (1) comprehensive general liability insurance protection, by self-insurance or an insurance policy, for liability arising from the County's Equipment and/or operations on the Land, providing protection or with liability limits of at least three million dollars with respect to bodily injury, including death, arising from any one occurrence and three million dollars with respect to damage to property arising from any one occurrence, and (ii) casualty/property insurance insuring against the risks of damage or destruction to the Tower, in amounts sufficient to replace the Tower, until ownership has been transferred to the Municipality. 19.2. The County shall furnish the Municipality with certificates confirming the insurance protections required by this Section. The Municipality is entitled to at least one (1) month prior written notice of any cancellation or material change in the insurance required by this Section. 2002-0283-1Final Famangton Hills AgreementDOC Page 7 of 11 19.3. Upon transfer of ownership of the Tower to the Municipality, the Municipality shall be responsible for maintaining the required casiinIty/property insurance for the Tower and the County's obligation to provide casualty/property insurance shall cease. 19.4. The Parties mutually agree to request their property insurance companies to endorse their respective policies and issue policy endorsements evidencing the mutual waiving of the right of subrogation against the opposing Party for loss which is covered under the policy of property/fire insurance. §20. Hold Over. 20.1. Any hold over after the expiration of this Agreement with the consent of the Municipality, shall be construed to be a tenancy from month to month and shall otherwise be for the term, and the conditions herein specified, so far as applicable. §21. Notices. 21.1. All notices, requests, demands, and other communications required by this Agreement Shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: To Municipality: City of Farmington Hills City Manager 31555 Eleven Mile Road Farmington Hills, MI 48336-1165 With a copy to: City of Farmington Hills City Clerk 31555 Eleven Mile Road Farmington Hills, MI 48336-1165 To County: CLEMIS Administrator, Department of Information Technology 1200 North Telegraph Road, Building 49 West Pontiac, MI 48341 With a copy to: Property Management Specialist Oakland County Department of Facilities Management 1 Public Works Drive Waterford, MI 48328 §22. Relationship of Parties. 22.1. Nothing contained in this Agreement shall be deemed or construed to create a relationship of principal and agent or of partnership or joint venture between the Parties hereto. §23. Headings. 23.1. The section headings used throughout this Agreement are provided for reader convenience only and shall not be controlling in the interpretation of this Agreement. 2002-0283-1Final Farmington Hills AgreementDOC Page 8 of 11 §24. Entire Agreement 24.1. This Agreement constitutes the entire understanding between the Parties and supersedes all prior offers, negotiations, and/or agreements between the Parties relative to the subject matter addressed herein. The Parties represented that there are no understandings, representations, or promises of any kind, oral or written, that have been made by Municipality to induce the execution of this Agreement except those expressly set forth in this Agreement. , §25. Invalid Provision 25.1. The invalidity or unenforcability of any sections or subsections of this Agreement shall not affect the validity or enforceability of the remainder of this Agreement or the remainder of any sections or subsections. This Agreement shall be construed in all respects as if any invalid or unenforceable sections or subsections were omitted. §26. Governing Law and Venue • 26.1. This Agreement shall be construed in accordance with, and subject to, the laws of the State of Michigan. To the extent provided by law, any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall only be instituted in the Oakland County Circuit Court, a District Court located in Oaldand County, or the United States District Court for the Eastern District of Michigan, depending on the nature of the action, suit, or other proceeding. §27. Amendment 27.1. This Agreement may not be changed, modified, amended, or altered, except by an agreement in writing, signed by both Parties. §28. Succession 28.1. This Agreement is binding upon the Parties and shall be binding upon their successive heirs, representatives, administrators, successors, subcontractors, and assigns. §29. Force Majeure 29.1. Each Party shall be excused from any obligations under this Agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control. Reasonable notice shall be given to the affected Party of any such event §30. Discrimination 30.1. Either Party shall not discriminate against an employee, an applicant for employment, or another person or entity with respect to hire, tenure, terms, conditions, privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state, or local law. §31. Reservation of Rights. 31.1. The Agreement does not, and is not intended to, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of either Party. 2002-0283-1Fmal Famfington Hills AgreementDOC Page 9 of 11 §32. No Implied Waiver 32.1. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any right or remedy under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of the Agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this Agreement. §33. Remedies Not Exclusive. 33.1. The rights, remedies, and benefits provided by this Agreement shall be cumulative, and shall not be exclusive of any other rights, remedies and benefits, or of any other rights, remedies, and benefits allowed by law. §34. Counterparts. 34.1. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument IN WITNESS WHEREOF, executes this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions hereof on this day of , 200 . Farmington Hills, a Municipal Corporation By: Steve Brock, City Manager Farmington Hills Date: WITNESS: By: Date: Subscribed and sworn to before me on the day of , 200 . Notary Public, County, My Commission Expires: 2002-0283-1Final Farmington Ells Agreement.DOC Page 10 of 11 IN WITNESS WHEREOF, executes this Agreement on behalf of the COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of this Agreement on this day of , 200 . COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation , By: Thomas A. Law, Chairperson Oakland County Board of Commissioners Date: WITNESS: BY: Date: Subscribed and sworn to before me on the day of ,20Q Notary Public, County, Michigan. My Commission Expires: CANrPortbl\Seerest\DOVREGn517912_1.DOC 2002-0283-1Final Farmington Hills AgreementDOC Page 11 of 11 Resolution #03242 September 4, 2003 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (M.R. #03242) September 18, 2003 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CITY OF FARMINGTON HILLS FOR THE NEW COUNTY-WIDE RADIO SYSTEM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution approves and authorizes a construction license and lease agreement between the County of Oakland and Farmington Hills. 2. Under the construction license and lease agreement, the County will construct a tower for the County-wide radio system in Farmington Hills, the County will sell the tower to the City of Farmington Hills for one ($1) upon completion, and the City of Farmington Hills will lease the County space on the tower for one ($1) per year. 3. The Board of Commissioners, pursuant to MCL 484.1401 and Miscellaneous Resolution #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system, including construction of towers, lease of land, and/or lease of space on towers at sites throughout the County. 4. No budget amendment is required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Moffitt and Gregory absent. G. William Caddell, County Clerk Resolution #03242 September 18, 2003 Moved by Wilson supported by Coulter the resolutions on the Consent Agenda, be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with accompanying reports being accepted). I HEREBY APPROVE THE FOREGONG RESOLUTION 7/2i-el9 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 September 18, 2003, 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 18th day of September, 2003.