HomeMy WebLinkAboutResolutions - 2004.04.22 - 27403April 1, 2004
MISCELLANEOUS RESOLUTION # 04088
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — APPROVAL AND ACCEPTANCE OF
LICENSE AGREEMENT WITH SPRINT SPECTRUM, LP FOR CONSTRUCTION OF RADIO TOWER.
AND SUPPORT FACILITIES AT ADDISON OAKS COUNTY PARK, PART OF PARCEL NO. 05-33-
100-004.
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of the Addison Oaks County Park located at
1440 Romeo Road, Leonard, Michigan; and
WHEREAS, Sprint Spectrum, LP has requested a license from the County to construct, own,
operate and maintain a radio tower and related support facilities at Addison Oaks County Park; and
WHEREAS, the Oakland County Parks and Recreation Commission has negotiated the terms and
conditions of a License Agreement with Sprint Spectrum, LP for said radio tower construction. Said License
Agreement was recommended for approval by the Oakland County Parks and Recreation Commission on
March 10, 2004; and
WHEREAS, pursuant to the terms and conditions of said License Agreement the County grants
Sprint Spectrum LP the right to construct, own, operate and maintain a 190-ft monopole tower and
related support facilities on part of the Addison Oaks County Park property for an initial term of five years
with the option for three renewable five year terms. The initial term of the License shall commence upon
completion of construction of the tower or 60 days after issuance of a building permit for said tower, which
ever occurs first. Sprint Spectrum LP shall pay the County a $5,000 non-refundable legal and
administration fee upon execution of the agreement. Further, Sprint Spectrum shall pay the County an
annual license fee of $21,600 per year for the initial term of the license agreement, which fee shall
increase at a rate of 15% at each five year renewal of the license. In addition to the license fee Sprint
Spectrum shall pay the County 30% of any co-location revenue generated by Sprint, which amount shall
also be subject to a 15% increase at each five year renewal of the license.
WHEREAS, the Departments of Facilities and Corporation Counsel have reviewed and/or prepared
all necessary documents related to the attached License Agreement and recommend its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached License Agreement between the County of Oakland and Sprint
Spectrum, LP.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs
its Chairperson or his designee to execute the attached License Agreement and all other related documents
between the County of Oakland and Sprint Spectrum, LP, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Wilson and Coleman absent
LICENSE AGREEMENT
This LICENSE (License) entered into this 22nd day of April, 2004, by the County of Oakland, a
municipal and Constitutional Corporation located at 1200 North Teleg-raph Road, Pontiac, MI 48341,
acting by and through its Parks and Recreation Commission (Owner) and Sprint Spectrum, LP,
located at (Licensee).
BACKGROUND
A. Owner is the owner in fee simple of a parcel of land located at 1480 West Romeo Road, Leonard,
Michigan 48367, whose legal description is set forth in Exhibit A ("the Site").
B. Licensee is a private corporation desiring to license the Site from Owner for the construction and
maintenance of one-hundred ninety (190) foot high Monopole Tower.
C. Upon the execution of a separate license agreement, Owner may license space on the Tower from
Licensee for governmental purposes at no charge, if there is space and structural capacity
available.
D. Upon prior written approval of Owner, Licensee may license space on the Tower and on the Site
to third parties for the purpose of installing, mounting, and operating various types of
communications equipment and related communications activities.
E. In consideration of the mutual covenants contained in the Agreement, the Parties agree to the
following terms and conditions.
AGREEMENT
§1. Right of Entry and License. Owner licenses to Licensee a non-proprietary, non-exclusive right
to:
1.1. Construct a Tower and any related support facilities and structures (pursuant to
Section 6) on a parcel of land located at 1480 West Romeo Road, Leonard, Michigan
48367 whose legal description is set forth in Exhibit A ("Site"); and
1.2. Vehicular or pedestrian ingress and egress on the land described in Exhibit B to
maintain and repair the Tower and related support facilities and structures at times set
forth in this License.
§2. Proper Title. Owner warrants that it has legal title to the Site or an assignable or otherwise
transferable possessory interest of such nature as to confer upon Licensee the same full
rights of occupancy as if Owner had legal title.
§3 . Term.
3.1. This License shall commence upon construction of the Tower or sixty (60) days after
issuance of the building permit whichever occurs first (Commencement Date) and
end on the fifth (5th) anniversary of the Commencement Date at 11:59 p.m. (Initial
Term). Upon expiration of the Initial Term, this License may be renewed for three
(3) additional terms of five (5) years each (Renewal Term), unless this License is
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terminated earlier as provided in this License, or Licensee provides written notice to
the Owner of its intent not to renew the License.
§4. Fee.
4.1. Upon execution of this License, Licensee shall pay Owner five (5) thousand dollars for
legal and administrative fees. The five (5) thousand dollars is not refundable.
4.2. Licensee shall pay the Owner, the sum of $21,600.00 (Licensee Fee) annually during the
Initial Term of this License, for use of the Site.
4.3. If third parties co-locate on the Tower, according to Section 7, then Licensee shall pay
Owner thirty (30) percent of the revenue generated from such co-location(s) ("Co-
Location Fee) according to the requirements set forth in this Action.
4.4. Licensee shall pay the License Fee and the Co-Location Fee, if any, for the first year on
the Commencement Date. For subsequent years, Licensee shall pay Owner the License
Fee and Co-Location Fee annually on each anniversary of the Commencement Date.
4.5. Payments due under this License shall be paid at the following address: Oakland County
Parks and Recreation Commission, Attention: Accounting, 2800 Watkins Lake Road,
Building #97 West, Waterford, Michigan 48328 or at such other place Owner may
designate in writing.
4.6. Licensee shall pay Owner a late payment charge equal to five percent (5%) of any
payment not paid when due. Any amounts not paid when due shall also bear interest until
paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by
law.
4.7. License Fee and Co-Location Fee shall be increased effective as of each fifth (5 th)
anniversary of the Commencement Date in the amount of fifteen (15) percent of the
previous years' License Fee.
4.8. If this License is terminated at a time other than on the anniversary of the Commencement
Date, the prepaid License Fee and Co-Location Fee shall be refunded to the Licensee (on a
prorated basis), unless termination was for Licensee's breach of the License.
4.9. Licensee's obligation to pay License Fee and Co-Location Fee under this License shall
cease with the termination of this License.
§5. Use of Site.
5.1. Licensee shall use the Site for the construction and maintenance of a Tower and support
facilities or as otherwise agreed to by the Parties in writing.
5.2. Licensee's use of the Site will comply with all applicable laws, regulations, rules, and
ordinances including, but not limited to, all rules and regulations of the Federal
Communications Commission (FCC), the Federal Aviation Association (FAA), and the
Environmental Protection Agency (EPA).
§6. Licensee Improvements and Plans.
6.1. Licensee may improve the Site by constructing the Tower and any related support
facilities and structures on the Site. Prior to commencing construction, Licensee shall
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submit all plans and specifications for improvements to Owner for Owner's written
approval; such approval shall not be unreasonably withheld. No improvement,
construction, installation, or alteration shall be commenced until plans for such work have
been approved by the Owner and all neL,e36aL y permits, or other governmental
authorizations have been properly issued by the appropriate entity and received by
Licensee.
6.2. Such plans shall include: Fully dimensioned site plans that are drawn to scale and show (i)
the proposed location of the Tower antennas, equipment shelter, driveway and fencing
around the Site, (ii) the proposed changes in the landscape, (iii) the proposed type and
height of fencing, and (iv) any other details that the Owner may request.
6.3. Prior to commencing construction, Licensee shall also provide Owner with the name of
the contractor that will be constructing the improvements.
6.4. No improvements or modifications to the Site and/or Tower shall be made without the
Owner's written consent.
6.5. The Tower and all improvements made to the Tower shall remain the property of
Licensee.
6.6. Licensee shall be responsible for obtaining and paying for all governmental permits and
approvals necessary to construct the Tower and/or any other improvements.
6.7. All improvements shall be constructed in a workmanlike manner and shall be completed
in compliance with all applicable laws, rules, ordinances, and regulations.
6.8. Licensee shall keep the Site free from any liens arising from any work performed,
materials furnished, or obligations incurred by or at the request of Licensee. If any lien is
filed against the Site as a result of acts or omission of Licensee or Licensee's employees,
agents, or contractors, Licensee shall discharge the lien in a manner reasonably
satisfactory to Owner within sixty (60) days after Licensee receives written notice that the
lien has been filed.
§7. Assignment and Sublicensing.
7.1. Licensee shall not assign this License in whole or in part, or sublicense all or any part of
the Site without Owner's written consent.
7.2. With Owner's written consent, Licensee may license space on the Tower and on the Site to
third parties for the purpose of installing, mounting, and operating various types of
communications equipment and related communications activities. Licensee shall ensure
that all third parties who co-locate on the Tower comply with this License.
7.3. Notwithstanding any assignment or sublicense, Licensee shall remain fully liable on this
License and shall not be released from performing any of the terms, and conditions of this
License.
§8. Fees for Owner.
8.1. Unless otherwise agreed by the Parties in writing, Owner shall not be required to make
any expenditure or pay any fee in connection with this License, or make any
improvements to the Site.
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§9. Signs.
9.1. Upon receiving Owner's prior written consent, Licensee may place signs at the Site subject
to applicable governmental regulations.
§10. Maintenance of Tower and Site.
10.1. Licensee shall, at its own expense, maintain the Site and all of its improvements,
equipment, and other personal property on the Site, in good working order, condition, and
repair. Licensee shall keep the Site free of debris, and repair any damage to the Site (at
Licensee's sole expense). Licensee shall provide Owner with a written report at least
every other year affirming that the Tower is being maintained pursuant to all applicable
laws, rules, and ordinances,
§11. Access to Site.
11.1. Licensee shall have the right to access the Site twenty-four (24) hours a day, seven (7)
days a week. Owner shall have the right to enter the Site to examine and inspect the Site.
§12. Utilities.
12.1. Licensee shall be responsible for obtaining any utility service to the Site that it desires.
Licensee shall pay all charges, when due, for utilities to the Site during the teini of the
License.
§13. Termination.
13.1. Termination by Owner: Upon thirty (30) days written notice, Owner may terminate this
License if (1) Licensee fails to use the site according to use set forth in Section 5, or (2)
Licensee is in breach of the License and has failed to cure the breach within thirty (30)
days of receiving notice from Owner that Licensee is in breach.
13.2. Termination by Licensee:
13.2.1. Upon sixty (60) days written notice, Licensee may terminate this License if Owner
is in breach of this License and has failed to cure or has failed to attempt to cure
the breach within the 60 days of receiving written notice.
13.2.2. Upon ninety (90) days written notice, Licensee may terminate this License if
Licensee determines that this License is no longer necessary for Licensee purposes
or for technological reasons. If Licensee terminates this License pursuant to this
subsection, Licensee shall not be entitled to a refund of prepaid rent (as provided
in Section 4.8) and shall pay Owner a termination fee equal to one half of the
current License Fee at the time of termination.
13.3. Within sixty (60) business days of termination, unless otherwise agreed to by the Parties,
Licensee shall remove the Tower and all related structures, including Tower footing, on
the site and restore the site to a level grade, including reasonable landscaping, so no further
evidence of the Tower and/or structures is visible. Notwithstanding any other provision, if
Licensee does not remove the Tower and all related structures within the sixty (60) day
period, then Licensee's obligation to pay the Licensee Fee and Co-Location Fee shall
continue until the Tower and related structures are removed according to this Section.
After sixty (60) business days, Owner at its option may remove the Tower and related
structures pursuant to this Section and charge Licensee for such work or take ownership of
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the Tower. If Owner elects to take ownership of the Tower, Licensee's obligation to pay
the Licensee Fee and Co-Location Fee shall cease upon delivery of a Bill of Sale for the
Tower to the County.
§14. Condemnation,
14.1. In the event the entire Site is taken by eminent domain, this License shall terminate as of
the date title to the Site vests in the condemning authority. In the event a portion of the
Site is taken by eminent domain so as to materially hinder effective use of the Site by
Licensee, either Party shall have the right to terminate this License 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, Licensee shall not be entitled to any portion of
the reward paid for the taking and the Owner shall receive full amount of such award.
Licensee shall have the right to claim and recover from the condemning authority, but not
from Owner, such compensation as may be separately awarded or recoverable by
Licensee on account of any and all damage to Licensee and any costs or expenses incurred
by Licensee in moving/removing its equipment, personal property, and leasehold
improvements. Upon termination of this License pursuant to this paragraph, Licensee
shall be entitled to the reimbursement of any Licensee Fee or Co-Location Fee prepaid by
Licensee.
§15. Damage or Destruction of Tower.
15.1. If the Tower or any portion of the Tower is destroyed or damaged so as to materially
hinder effective use of the Tower, Licensee may elect to terminate this License upon thirty
(30) days written notice to Owner. In such event. Licensee and Owner shall proceed as set
forth in Section 15. This License (and Licensee's obligation to pay rent) shall terminate
upon Licensee's fulfillment of the obligations set forth in the preceding sentence. Upon
termination of this License, Licensee shall be entitled to the reimbursement of any
Licensee Fee or Co-Location Fee prepaid by Licensee. Owner shall have no obligation to
repair any damage to any portion of the Site.
15.2. If Licensee chooses not to terminate this License, it may repair or rebuild the Tower
and/or improvements. During the period that the Tower is being repaired or rebuilt,
Licensee, at its own expense and if possible, may locate a temporary Tower to another
location on Owner's property, as mutually agreed by the Parties.
§16. Indemnification.
16.1. Except only for a specific dollar amount of a court-ordered judgment which a court has
specifically decided was due to the sole gross negligence of the Owner, the Licensee shall
save, indemnify, and hold harmless the Owner and/or any Owner's Agent from and
against any and all Claim(s), as defined in this License, which are imposed upon, incurred
by or asserted against the Owner and/or any Owner's Agent, by any person and which are
based upon, result from, arise from, or are in any way related to any alleged action(s), or
omission(s) of the Licensee and/or any of Licensee's agents, independent contractors, or
employees.
16.2. The indemnification provision and insurance provision of this License with regard to any
Claim(s) either occurring or having their basis in any events or transactions that occurred
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before the cancellation and/or termination of this Agreement shall survive the cancellation
and/or termination of this License.
16.3. "Claim(s)" shall be defined to include any alleged losses, claims, complaints, fines,
demands for relief or damages, suits, causes of action, proceedings, judgments,
deficiencies, liabilities, penalties, litigation, costs and expenses, including, but not limited
to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement and/or any other amounts or
liabilities of any kind whatsoever which are imposed on, incurred by or asserted against
Owner, and/or any Agent of Owner, as defined below, or for which Owner, and/or any
Agent of Owner may become legally and/or contractually obligated to pay or defend
against, whether direct, indirect, or consequential.
16.4. "Agent" shall be defined to include any of Owner's elected officials, appointed officials,
directors, board members, council members, commissioners, authorities, boards,
committees, commissions, employees, departments, divisions, volunteers, representatives,
and/or any such person's successor(s), and/or any person(s) acting by, through, under, or in
concert with any of them, excluding Licensee and/or any of Licensee's Agents,
independent contract professionals or employees. "Agent" shall also include any person
who was an Agent of Owner at any time during the term of this License but, for any
reason, is no longer employed, appointed, or elected in that capacity.
§17. Insurance.
17.1. Prior to the commencement of any improvements at this Site, and at all times during any
Term of this License, the Licensee, at its sole cost and expense, shall purchase and
maintain the following insurance coverage(s) in the minimum amounts indicated and
provide Owner with appropriate certificates of insurance.
17.1.1. One Million and 00/100 Dollars ($1,000,000.00) combined single limit per
occurrence, and Three Million and 00/100 Dollars ($3,000,000.00) annual
aggregate Comprehensive General Liability, including broad form contractual
coverage. These policies and/or protection(s) will provide that the Owner, and/or
any Owner Agent, as defined in this License, must be named as additional
insureds with respect to any Claim(s) as defined in this License.
17.1.2. Workers' Compensation as required by law: Coverage B - Employers' Liability in
the minimum amount of Five Hundred Thousand and 00/100 Dollars
($500,000.00).
17,2. Licensee shall assure that all of its contractors, and/or any other agent serving Licensee
under this License, shall have the insurance coverage set forth in 17.2.1, and 17.2.2.
Licensee shall be responsible for obtaining certificates of insurance from its contractors
and/or any other agent performing services for Licensee on the Tower, or at the Site, for
review by Owner.
17.2.1. Comprehensive General Liability, including broad form contractual coverage, of
at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence, One
Million and 00/100 Dollars ($1,000,000.00) annual aggregate.
17.2.2. Workers' Compensation as required by law: Coverage B - Employers' Liability in
the minimum amount of Five Hundred Thousand and 00/100 Dollars
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($500,000.00). One Million and 00/100 Dollars ($1,000,000.00) Combined Single
Limit Automobile Liability, including coverage for hired and leased vehicles, and
owned and non-owned autos, with No-Fault coverage as required by law. If no
vehicles are owned or leased by the agent, non-owned and hired car coverage will
be required in lieu of auto fleet coverage.
17.3. All certificates of insurance, provided by Licensee, shall contain the following clauses:
17.3.1. "Any insurance coverage afforded the County, and/or any County Agent, and the
additional insureds shall apply as primary and not excess to any insurance issued
in the name of the County, and/or any County Agent, or any of the additional
insureds."
17,3.2. "The insurance company(ies) issuing the policy or policies shall have no recourse
against the County, and/or any County Agent, or the additional insureds for
payment of any premiums or for assessments under any form of policy."
17.3.3. "Any and all deductibles and/or self-insured retention in the above-described
insurance coverage shall be assumed by, and be for the account of, and at the sole
risk of, the Licensee."
17.3.4. "There will be no additional exclusions running to the additional insureds based
upon any actions or activities of the named insured."
17.4. Licensee shall provide Owner thirty (30) days notice of material change or cancellation of
any policy for which certificates of insurance, bonds, or other required documents are
provided to Owner. These certificates must be provided to the Oakland County Risk
Management & Safety Division no less than ten (10) working days after the
Commencement Date of this License, and at any time thereafter, upon reasonable request.
Insurance carrier(s), coverage(s) and policy limits are also subject to the approval of the
Risk Management & Safety Division as to confomiity with the requirements of this
License.
§18. Environmental Requirements.
18.1. Licensee shall not bring onto the Site and/or Tower any Hazardous Substances, Hazardous
Wastes, Pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels
(including crude oil or any fraction or derivative thereof), battery spillage or acid and
battery byproducts and the vapor expulsion of toxic fumes from mishandling or improper
care and maintenance of batteries and backup of power equipment, or utilize any
underground storage tanks (collectively "Environmental Hazards"). For purposes of this
Agreement, the term "Hazardous Substances" shall be defined in the Comprehensive
Environmental Response, Compensation and Liability Act (42 U.S.C. §9601, et seq.), and
any subsequent or amended regulations thereto. The term "Hazardous Wastes" shall be as
defined in the Resource Conversation and Recovery Act (42 U.S.C. §6901, et seq.), and
any subsequent or amended regulations thereto. The term "Pollutants" shall be as defined
in the Clean Water Act (33 U.S.C. §1251, et seq.), and any subsequent or amended
regulations thereto.
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§19. Notices.
19.1. All notices, requests, demands, and other communications required by this License shall
be in writing and shall be deemed given if personally delivered or mailed, certified mail,
return receipt requested, to the following addresses:
To Owner:
With a copy to:
To Licensee:
Oakland County Parks and Recreation Commission
Attention: Executive Officer
2800 Watkins Lake Road, Building #97 West
Waterford, MI 48328
Property Management Specialist
Oakland County Department of Facilities Management
1 Public Works Drive
Waterford, Nil 48328
Sprint PCS
Attention: Lease Management
5600 North River Road, Suite 300
Mailstop: ILROSA0305
Rosemont, IL 60018
With a copy to: Sprint PCS
Sprint Law Department
Attention: Robert Surridge
6391 Sprint Parkway
Mailstop KS OPHT010-Z2-2-
Overland Park, KS 66251-2020
Attention: Sprint PCS Real Estate Attorney
§20. Relationship of Parties.
20.1. Nothing contained in this License shall be deemed or construed to create a relationship of
principal and agent or of partnership or joint venture between the Parties.
§21. Headings.
21.1. The section headings used throughout this License are provided for reader convenience
only and shall not be controlling in the interpretation of this License.
§22. Entire Agreement.
22.1. This License 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. Licensee represents that there are no understandings,
representations, or promises of any kind, oral or written, that have been made by Owner to
induce the execution of this License except those expressly set forth in writing in this
License.
§23. Invalid Provision.
23.1. The invalidity or unenforcability of any sections or subsections of this License shall not
affect the validity or enforceability of the remainder of this License or the remainder of
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any sections or subsections. This License shall be construed in all respects as if any
invalid or unenforceable sections or subsections were omitted.
S24. Governing Law and Venue.
24.1. This License 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 License or any provision thereof shall only be
instituted in the Oakland County Circuit Court, a District Court located in Oakland
County, or the United States District Court for the Eastern District of Michigan, depending
on the nature of the action, suit, or other proceeding.
§25. Amendment.
25.1. This License may not be changed, modified, amended, or altered, except by an agreement
in writing, signed by both Parties.
§26. Succession.
26.1. This License is binding upon the Parties and shall be binding upon their successive heirs,
representatives, administrators, successors, subcontractors, and assigns.
§27. Force Majeure.
27.1. Each Party shall be excused from any obligations under this License 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.
§28. Discrimination.
28.1. 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.
§29. Reservation Of Rights.
29.1. This License 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 Owner.
§30. No Implied Waiver.
30.1. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any right
or remedy under this License shall constitute a waiver of those rights with regard to any
existing or subsequent breach of this License. No waiver of any term, condition, or
provision of this License, 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
License. No waiver by either Party shall subsequently effect its right to require strict
performance of this License.
§31. Remedies Not Exclusive.
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31.1. The rights, remedies, and benefits provided by this License 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.
§32. Counterparts.
32.1. This License 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, hereby acknowledges that he has been
authorized by Owner to execute this License on its behalf of Owner and hereby accepts and binds said
Corporation to the terms and conditions hereof on this day of
OWNER:
By:
Thomas A. Law
Its: Chairperson Board of Commissioners
Date:
WITNESS:
By:
Michael D. Hughson
Date:
Subscribed and sworn to before me
on the day of ,2004.
Michael D. Hughson
Notary Public, Oakland County, Michigan.
My Commission Expires: 5/5/2004.
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IN WITNESS WHEREOF, acknowledges that s/he has been
authorized by Licensee to execute this License on its behalf, and hereby accepts and binds the
Licensee to the terms and conditions of this License on this day of , 200
LICENSEE:
By:
Date:
WITNESS:
BY:
Date:
Subscribed and sworn to before me
on the day of ,200
Notary Public,
County, Michigan.
My Commission Expires:
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EXHIBIT A
SITE LEGAL DESCRIPTION
All that part of the Northwest 1/4 of Section 33, Town 5 North, Range 11 East, Addison Township,
Oakland County, Michigan, described as; Commencing at the Northwest comer of said Section 33;
thence South 01'53'45" East 2537.09 feet along the West line of said Section 33; thence North
89°16'53" East 224.87 feet TO THE PLACE OF BEGINNING OF THIS DESCRIPTION; thence
North 00°43'07 West 75.00 feet; thence North 89'16'53" East 75.00 feet; thence South 00'43'07"
East 75.00 feet; thence South 89°16'53" West 75.00 feet to the place of beginning of this description.
EXHIBIT B
INGRESS AND EGRESS LEGAL DESCRIPTION
A 20.00 foot wide license in that part of the Northwest 1/4 of Section 33, Town 5 North, Range 11
East, Addison Township, Oakland County, Michigan, the centerline of which is described as;
Commencing at the Northwest corner of said Section 33; thence South 01°53'45" East 2537.09 feet
along the West line of said Section 33; thence North 89°16'53" East 224.87 feet; thence North
00°43'07" West 25.00 feet TO THE PLACE OF BEGINNING OF THIS CENTERLINE
DESCRIPTION; thence North 87°21'16" West 108.16 feet; thence North 32°14'49" West 74.56 feet;
thence North 00°25'56" East 95.35 feet; thence Westerly 26.57 feet along a 16.77 foot radius curve to
the left the chord of which bears North 44°57'36" West 23.88 feet; thence South 89°38'53" West 34.43
feet to the Westerly right of way line of Lake George Road, for the place of ending of this centerline
description.
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FISCAL NOTE (M.R. #04088) April 22, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - APPROVAL AND ACCEPTANCE OF
LICENSE AGREEMENT WITH SPRINT SPECTRUM, LP FOR CONSTRUCTION OF RADIO
TOWER AND SUPPORT FACILITIES AT ADDISON OAKS COUNTY PARK, PART OF
PARCEL NO. 05-33-100-004
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 license agreement
between Oakland County and Sprint Spectrum, LC.
2, Under terms of the license agreement, the County will grant
Sprint Spectrum, LP the right to construct, own, operate,
and maintain a radio tower and related support facilities
on Addison Oaks County Park property for an initial term of
five years with the option for three renewable five-year
terms.
3. Spirit Spectrum, LP will construct the tower and related
facilities at its own expense on land provided by Oakland
County at no cost to the County.
4. Upon execution of the agreement, Sprint Spectrum will pay
the County $5,000 for legal and administrative fees and
will also pay the County an annual license fee of $21,600
during the initial term of the license.
5. Additionally, if third parties co-locate on the tower,
Sprint Spectrum, LC will pay the County 30% of the co-
location revenue generated plus any late fees.
6. All fees will be receipted to Oakland County Parks and
Recreation.
7. The license fee and co-location fee will increase 15% at
each five-year license renewal over the prior term's fees.
8. The County may license space on the tower for governmental
purpose via a separate license agreement, if space and
structural capacity are available.
9. The Oakland County Parks and Recreation Commission has
negotiated and approved terms and conditions of the license
agreement.
10. No budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried on a roll call vote with Bullard, Jamian, Knollenberg
and Zack absent.
Resolution #04088 April 1, 2004
The Chairperson referred the resolution to the Finance Committee. There were no objections.
Resolution #04088 April 22, 2004
Moved by Webster supported by Scott the resolutions on the Consent Agenda be adopted.
AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII,
Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez,
Webster, Wilson, Zack, Bullard. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted.
I HEM APPROVE TR FOIE6014 IESEUTION
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 April 22, 2004
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 22nd day of April, 2004. /
G. William Caddell, County Clerk