HomeMy WebLinkAboutResolutions - 2004.12.09 - 27469December 9, 2004
PLAN NI BUILDING COMMITTEE
• ,
MISCELLANEOUS RESOLUTION # 04371
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 VILLAGE OF LAKE ORION FOR
THE NEW COUNTYWIDE 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 to 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 and all exhibits.
WHEREAS under the attached Construction License and Lease Agreement, the County will
construct a new radio tower, install radio equipment and remove one existing radio tower located at 37
East Flint Street, Lake Orion, Michigan; the County will sell the tower to the Village for one ($1) dollar
upon completion, and the Village 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 and all exhibits between
the County of Oakland and the Village of Lake Orion.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs
its Chairperson or his designee to execute the attached construction license and lease agreement and all
other related documents between the County of Oakland and the Village of Lake Orion, which may be
required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Coleman absent
CONSTRUCTION LICENSE AND LEASE AGREEMENT
This AGREEMENT ("Agreement") entered into this day of , 200 , by the
County of Oakland, 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 Village of Lake Orion, a municipal corporation located at 37 East Flint Street, Lake Orion,
Michigan 48362 ("Municipality").
BACKGROUND
A. Municipality is the owner in fee simple of a parcel of land located at 37 East Flint Street, Lake
Orion, Michigan 48362, 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 eighty-
five (185) foot high tripole Tower to operate a County-wide public safety radio system ("Tower")
on the Land within the area designated and described on Exhibit A.
C. Upon completion of the construction of the Tower and upon final acceptance of the Tower by the
County from its contractor, 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 and space in the
Municipality's building at 37 East Flint Street ("Building").
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 III 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 B.
5. "Exhibits" shall mean the following documents that are or shall be attached when available and
approved as provided herein: (1) Exhibit A is a legal description of the property subject to this
Agreement, (2) Exhibit B are any plans, drawings, and specifications that are submitted to and
approved by the Municipality in connection with permit application and issuance, (3) Exhibit C
will be copies of any approvals, permits, or licenses issued by the Municipality and State of
Michigan; (4) Exhibit D is the Memorandum of Agreement among the Federal Communications
Commission, the Michigan State Historic Preservation Officer, and Oakland County, Michigan,
regarding the construction of a Communication Tower at the Village of Lake Orion, Oakland
County, Michigan ("Memorandum of Agreement"); and Exhibit E is the Transfer of Ownership
Agreement document to be used to implement Section 7 of Article III.
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
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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.
7. "Land" shall mean the legal description of property set forth in Exhibit A, which is located at 37
East Flint Street, Lake Orion, Michigan 48362.
8. "Site" shall mean the vertical space on the Tower as depicted in Exhibit B, and the space in the
Building that is leased to the County.
9. "Tower" shall mean the one hundred eighty-five (185) foot high tripole 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 move the current tower, construct
the Tower and then remove the current tower in the locations 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)
and to the State of Michigan, who currently administers and enforces the State Construction
Act and Code in Municipality, and 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. 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. 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.
4. 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, property of the Municipality, or
third persons on the Land. During the construction, the County shall be responsible for
relocating the current communication tower in a manner that maintains Municipality's
broadcast capabilities from its existing antennas.
5. 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.
6. The County shall require its contractor to provide a 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 Municipality
or otherwise.
7. Upon completion of the Tower construction and final acceptance of the Tower by the County
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from its contractor, ownership of the Tower and all warranties for the Tower shall be
transferred by the County to the Municipality in a written document conforming to Exhibit E,
which the Municipality shall accept upon determining that the Tower and related work has
been satisfactorily completed.
8. If for any reason construction of the Tower is not completed by the County in the time and
manner required by the Municipality and State of Michigan permits and approvals, 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 Municipality without any payment or other
obligation.
ARTICLE III - 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 Equipment as set forth in Exhibit B, the space in the existing Building to place
the Equipment, and space in the Building to place an emergency power generator.
§2. Term.
2.1. Article III of this Agreement shall commence on the date that the Tower ownership is
transferred to the Municipality ("Commencement Date") and end on the fifteenth
5th) anniversary of the Commencement Date. Upon expiration of the Initial Term,
this Agreement may be renewed for 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 months prior to the end of each current term in
which event this Agreement shall expire at the end of that term.
§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.
§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 Building for the placement of an emergency power
generator, and/or as agreed to by the Parties in writing.
4.2. The County's use of the Site will 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. The
County acknowledges and agrees that the Municipality's current equipment and
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operations which will be moved from the existing tower to the new Tower will not violate
this Section.
§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 B.
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 Municipality 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
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
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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.
6.5. If Municipality licenses or leases space on the Tower to other entities (besides the
County), such license or lease agreement shall contain a clause that states the other entity
shall not cause Interference with the County's Equipment on the Tower and/or Site. The
license or lease agreement between the Municipality and the other entity shall also include
a clause that requires the other entity to correct any interference that it might cause with
the County's Equipment immediately upon written notice by the County of such
Interference.
§7. Memorandum of Agreement The Municipality shall comply with all the tenns and conditions
contained in the Memorandum of Agreement which is attached as Exhibit D
§8. Assignment and Subletting.
8.1. 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.
§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
County shall reimburse the Municipality for damages to the Tower and/or Site which are
caused by the County.
§10. Access to Site.
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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 it.
§11. Utilities.
11.1. The County shall provide and pay for the electric and other utility services, including
emergency generator power, necessary for the operation of the Equipment and related
equipment set forth in Exhibit B, including the installation of separate utility meters. The
Municipality may use power from the County's emergency power generator located on the
Land which exceeds the power needed to operate the Equipment and related equipment set
forth in Exhibit B.
§12. Quiet Enjoyment.
12.1. The County shall peaceably and quietly enjoy and hold 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 and County agrees to diligently pursue and take the actions necessary to
do so. 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. Except for the emergency power generator, title, ownership and possession of which shall
automatically transfer to the Municipality upon a termination, within ninety (90) 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
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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 County reimbursement under Section
9, the Municipality shall repair such damage or rebuild the Tower, not including the
Equipment, as soon as possible and restore the Tower to the same condition which existed
immediately prior to the damage or destruction. Notwithstanding the previous sentence,
the County shall have the right, at its discretion, to repair or rebuild the destroyed or
damaged Tower if, prior to doing so, the County and Municipality agree in writing to the
portion of the County's repair or rebuilding costs to be paid by Municipality.
§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: (i) 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 and Site, 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
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prior written notice of any cancellation or material change in the insurance required by this
Section.
19.3. Upon transfer of ownership of the Tower to the Municipality, the Municipality shall be
responsible for maintaining the required casualty/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: Village of Lake Orion
Attn: Manager
37 East Flint Street
Lake Orion, MI 48362
With a copy to: Village of Lake Orion
Attn: Chief of Police
37 East Flint Street
Lake Orion, MI 48362
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.
§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 lavv, 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 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.
§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.
Page 9 of 11
Date:
By:
Date:
§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, William E. Slyer and Arlene M. Nichols execute this Agreement on
behalf of the Municipality and hereby accept and bind the Municipality to the terms and
conditions hereof on this day of
Village of Lake Orion, a Municipal Corporation
By:
William E. Siver, Council President
Arlene M. Nichols, Village Clerk
Signed and sworn to before me in the County of Oakland,
Michigan, on the day of , 200
Notary Public, State of Michigan, County,
My Commission Expires:
Acting in the County of
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:
Signed and sworn to before me in the County of Oakland,
Michigan, on the day of , 200 .
Notary Public, State of Michigan, Oakland County.
My Commission Expires:
Acting in the County of Oakland
Page 11 of 11
EXHIBIT A
LEGAL DESCRIPTION
All that part of Lot 7 Block 8, Hemingway's Plat, Village of Lake Orion, Oakland County,
Michigan, as recorded in Liber 1 of Plats page 34 Oakland County Records, described as;
Commencing at a found iron at the Northeast corner of Lot 1; thence South 88°17'43" West
59.00 feet along the northerly line of said Lot 1; thence South 01 0421 17" East, 142.34 feet TO
THE PLACE OF BEGINNING OF THIS DESCRIPTION; thence South 01°42'17" East 25.00
feet to an existing building face; then South 87 053'03" West 25.00 feet along said building face;
thence North 01'42'17" West 25.00 feet; thence North 87 053'03" East 25.00 feet to the place of
beginning of this description.
SHE LOCATION
37 E FUNT STREET
LAKE ORION, MICHIGAN
GTE 411 UNKNOWN
PROPERTY OWNER
VILLAGE OF LAKE ORION
37 E. FLINT STREET
LAKE ORION. NITCHTGAN VIRGIL KUFAHL
10301 SCTKDRFLD AVENUE
RINGLE WGCONSIN &UV
PHONE: 715.36546029
2C INFORMATION
CENTER Of LEASE PARC-S-
LAT:42 -47,0538"
LONG. 8.47-14,2024
ELEVATION
GROUND ELEVATION: 984.
SHEET INDEX:
NO.: PAGE TITLE:
TITLE SHEET
SITE SURVEY •
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COMPOUND PLAN
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PREPARED BY OTHERS
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SECTION 2. MK RIM
VILLAGE OF LAKE ORION
OAKLAND COUNTY
MICHIGAN
SURVEYOR!
WILLIAMS & 4707105
CROWA AVE. N.W.
GRAND RAPIDS. MI 49053
CONTACT: RANDY KIT* HCAGE
PHONE. 616224.19CD
FAX: 61&224.1502
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I HEREBY CERTIFY THAT SITE PLAN SET WAS PREPARED BY
ME OR UNDER MY DIRECT SUPERVLSION AND PRAYS Am A
DULY LICENSED PROFESSIONAL ENGINEER UNDER SHE LAWS Of
THE STATE OF MICHIGAN.
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LAKE ORION POLICE DEPARTMENT
LAKE ORION, MICHIGAN
SITE LOCATION
PERMIT DRAWINGS
185' TRI-POLE TOWER
MAY 2002
PROJECT DIRECTORY: PROJECT INFO:
CLOS.
RADIAN COMMUNICATIONS SERVICES CORP
IL26 WHOM DRIVE
OAKALLE. ON CANADA 16H &GI
CONTACT. VAN PHIRE17
PROUD 915.7074320
PROJECT SPONSOR:
OAKLAND COUNTY, CLEWS PROJECT
COUNTY SERVICE CENTER
12C0 NORTH TB GRAPES ROAD
PONTIAC. MICHGAN 4934141421
CONTACT. PATRICIA COATES
PHONE 249.4529947
ENCINNER
EDGE CONSULTING ENGINEERS. INC
524 WATER STREE7
PRAIRIE DU SAC. 'AA 53579
CONTACT: KEN BAUMCARDT
PHONE 508444.1449
FAX: 900.879.1718
C 494405033.4 ww4Ecovc
RADIAN $43,
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LAKE ORION
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RN BOURDON! Of MS SUM( S 111.17511.. FRCS RECORD PRORIINTS. AND IS APPRO..,
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ELEVATION DATUM
ALL. ELEYASONS ARE BASCO SI NOD 88 OAR..
CONTOURS ARE EOM.= AT 1.0 INTIOYMS.
ENP)ELIEV. 128831
ISO NAIL IN NORM OM Of MILE MA NORIN Of VALACE OTIOCE BLOC ITO POLE NEST OR ATAPERSOI STREET.
FLOOD PLAIN INFORMATION
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LAKE CROW 0115/110 COMTE 5)005004 ONNALOWN PALO. MAE. MUM 000IA OATED SEPTEMBER IS. IS01. AND MO 111AT NAL MOUT RAE AS NOT WINN IRE IOU KAN FLOM ZONE.
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PROPRIETOR
RAU. OF UTE ODOR 17 L. FLINT ST.
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PROJECT DIRECTORY:
CUED. RIO. COMMUNCATIONS SERVICES COPP 1128 INUOTA DOVE
ON. 0110505 UM 80 CONTACT: DM M.
RORIE 5133074100
PROJECT 9650% ORONO COUNTY. CLOPS PRO.ECT COWRY SORIACE 110
1200 00201 DELEGRAPII ROPO P01II050 LOCKCAN 371341-0421
COCIACT: PATIO/. COATES P1101.
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LEGAL DESCRIPTION
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PARCEL NO. 0.-09-02-477-010
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LAKE ORION, II
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EXHIBIT D
MEMORANDUM OF AGREEMENT
AMONG
THE FEDERAL COMMUNICATIONS COMMISSION,
. THE MICHIGAN STATE HISTORIC _PRESERVATION OFFICER,
AND OAKLAND COUNTY, MICHIGAN,
REGARDING THE CONSTRUCTION OF A COMMUNICATIONS ,TOWER
AT THE VILLAGE OF LAKE ORION, OAKLAND COUNTY, MICHIGAN
WHEREAS, the municipality of Oakland County, Michigan ("Oakland County") proposes to
construct a 199-foot lattice-type telecommunications tower at the Village of Lake Orion, Oakland
County, Michigan (with coordinates of N 42° 47' 05.87" and W 83° 14' 20.89"), to be utilized
• primarily for emergency 911 communications services; and
WHEREAS, the Federal Communications Commission (-FCC") has determined the construction
of the facility is a federal undertaking; and
WHEREAS, Oakland, County, pursuant to delegation from the FCC, initiated the National
Historic Preservation Act ("NHPA") Section 106 review for the site as required by the FCC rules,
47 C.F.R. 1.1307(a)(4); and
WHEREAS, Oakland County has consulted with the Michigan State Historic Preservation
Officer (-Michigan SHPO") pursuant to 36 C.F.R. Part 800, regulations implementing Section
106 of the NHPA, and has been invited to participate in this Memorandum of Agreement; and
-
WHEREAS, the FCC in consultation with the Michigan SHP° has determined that the tower
construction would have an adverse effect on the Lake Orion Historic District, which is eligible
for listing in the National Register of Historic Places ("National Register"); and
WHEREAS, the FCC in consultation with the Michigan SHPO has determined that the above-
referenced historical resource is the only historic property within the Area of Potential Effects
("APE") that would be affected by the proposed tower construction; and
WHEREAS, Oakland County, consistent with the Commission's requirements for environmental
review, has considered and evaluated a number of alternative sites for locating the proposed
tower and has concluded that all of the sites considered either are unavailable for Oakland
County's use, are unacceptable to the community, or are unsatisfactory from a technical radio
frequency perspective for the coverage needs of the communications system supported by the
antennas to be located on the tower; and
WHEREAS, members of the general public and other interested parties were afforded the
opportunity to particiPate in and comment on this proceeding through the publication of a legal
notice in the Oakland Press newspaper for thirty days, from May 26, 2004 through June 26,
2004; and
WHEREAS, local government officials of Oakland County approve construction of the tower at
the proposed location; and •
NEPA-03090
WHEREAS, the FCC has consulted with the Michigan SI-IPO and other consulting parties to
ensure that the historic properties affected by the construction of the tower are taken into account;
and
WHEREAS, Oakland County has made a,reasonable and good faith effort to identify and contact
Indian tribes that might attach religious and cultural significance to historic properties within the
APE, including the Forest County Potawatomi, Hann.ahville Indian Community, and Saginaw
Chippewa Indian Tribe; and
WHEREAS, the Advisory Council on Historic Preservation (Advisory Council") has declined to
participate in the negotiation of this Memorandum of Agreement;
NOW THEREFORE, the FCC, the Michigan SHPO, and Oakland County agree that the "
undertaking shall be implemented in accordance with the following stipulations in order to take
into account the effect of the undertaking on historic properties, and that these measures shall
constitute full, coMplete and adequate mitigation measures under the NHPA and the
implementing regulations of the Advisory Council and the FCC.
STIPULATIONS
The FCC, through coordination with the Oakland County, will ensure that the following measures
are carried out:
SITE DESIGN
A. The main structure of the tower shall be of lattice self-support design and shall not
exceed 61 meters in height above the ground.
• B. The tower shall be designed to accommodate multiple carriers to encourage
collocation on the tower.
C. The Tower shall not be illuminated or have lights installed upon it, except as required
• by any federal or state laws or regulations to the contrary.
D. The Tower exterior shall be constructed of galvanized steel and will remain
unpainted to blend in with the surrounding environment. •
E. Oakland County agrees to screen the base of the tower and adjacent equipment
cabinets and/or shelves with two. rows of arbor vitae (5 to 6 feet in height). These
rows will be staggered with each tree being approximately 10 feet on center (i.e.,10
feet separation between each tree).
II. TOWER MANAGEMENT
A. Oakland County shall inform its heirs and assigns or future owners of the tower of the
provisions of this Memorandum of Agreement. •
B. Any modification to the constructed tower, not related to an antenna collocation, that
affects the tower's height or footprint shall be subject to review pursuant to Section 106
of the NHPA. •
FEDERAL COMMUNICATI
By:
S COMMISSION
Date:
REMOVAL
In the event that Oakland County or its successor abandons the tower and associated facilities
herein, Oakland County or its successor shall disassemble the tower and associated facilities and
notify the Michigan SHPO.
IV. DISPUTE RESOLUTION
' Should the Michigan SHP0 object within thirty (30) days to any plans provided for re.view .
pursuant to this Memorandum of Agreement, the FCC shall consult with the Michigan SHP() to
resolve the objection. If the FCC determines that the objection cannot be resolved, the FCC shall
request further comments or recommendations of the Advisory Council concerning the dispute
pursuant to 36 C.F.R. Part 800. Any Advisory Council comment provided in response to such a
request will be taken into account by the FCC in accordance with 36 C.F.R. Part 800 with
reference only to the subject of the dispute. The FCC's responsibility to carry out all actions
under this Memorandum of Agreement that are not the subject of the dispute will remain
unchanged.
V. ENFORCEMENT
Failure to carry out the terms of this Memorandum of Agreement will require that the FCC again
request the comments of the Advisory Council, in accordance with 36 C.F.R. Part 800. If the
terms of this Memorandum of Agreement are not implemented, the FCC -shall provide the
Advisory Council with the opportunity to comment on the effects and mitigation alternatives.
VI. OTHER REQUIREMENTS
Oakland Count); will file with the FCC an application and environmental assessment within thirty
(30) days of the effective date of this Memorandum of Agreement. Oakland County will not
initiate construction of the tower until the FCC has approved the environmental assessment.
Execution of this Memorandum of Agreement and implementation of its terms evidence that the
FCC has afforded the Advisory Council a reasonable opportunity to comment on the proposed
OAKLAND COUNTY telecommunications tower and that the FCC has taken into account the
effects of this undertaking on historic properties. This Memorandum of Agreement shall be
effective upon notice from the FCC that all parties have agreed to and signed this Memorandum
of Agreement,
Mr. Dan Abeyta
Assistant Chief, NEPA Adjudications
Spectrum and Competition Policy Division
Wireless Telecommunications Bureau
THE MICHIGANTATE HISTORIC PRESERVATION OFFICE
Date: By:
Mx. Brian D. Conway
Michigan State Historic Preservation Officer
4
5
OA COUNTI'y
By: / • Date: 9' d
Mr. Thomas A. Law
Oakland County Board of Commissioners, Chairperson
FISCAL NOTE(MISC. 104371) December 9, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR APPROVAL OF
CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE VILLAGE OF LAKE ORION
FOR THE NEW COUNTYWIDE 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 Board of Commissioners, pursuant to MCL 484.1401 and
Miscellaneous Resolution 499279, 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.
2. The resolution approves and authorizes a construction
license and lease agreement and all exhibits between the
County of Oakland and the Village of Lake Orion.
3. Under the construction license and lease agreement, the
County will construct a new radio tower and install radio
equipment for the County-wide radio system at County
expense on land provided by the Village of Lake Orion, and
remove one existing radio tower, located at 37 East Flint
Street, Lake Orion, Michigan.
4. The County will sell the tower to the Village of Lake Orion
for one ($1) upon completion and the Village will lease the
County space on the tower for one ($1) per year.
5. Operation and maintenance of the tower will be the
responsibility of the Village of Lake Orion.
6. The initial term of the lease is 15 years with three
renewable five-year terms.
7. No budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Webster absent.
Resolution #04371 December 9, 2004
Moved by Palmer supported by Wilson the resolution be adopted.
AYES: Long, McMillin, Moffitt, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster,
Wilson, Zack, Bullard, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg,
KowaII, Law. (22)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
AP.
Y APPROVE THE FORME RESOLUTION
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
December 9, 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 th?e County of Oakland at
Pontiac, Michigan this 9th day of December, 2004. g
G. William Caddell, County Clerk