HomeMy WebLinkAboutResolutions - 2004.12.09 - 27470December 9, 2004
MISCELLANEOUS RESOLUTION # 04372
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST TO RESCIND MISCELLANEOUS
RESOLUTION NO. 04310 AND APPROVE LEASE AGREEMENT WITH OAKLAND COMMUNITY
COLLEGE FOR THE NEW COUNTY-WIDE RADIO SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, pursuant to Miscellaneous Resolution No. 04310 the Oakland County Board of
Commissioners approved a Lease Agreement with Oakland Community College for construction of a
radio tower on property located at 2900 Featherstone Road, Auburn Hills, Michigan; and
WHEREAS, pursuant to a request by the utility company, the utility easement must be extended;
and
WHEREAS, the extension of the utility easement require changes to the exhibits to the Lease
Agreement; 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 Lease Agreement between the County of Oakland and Oakland
Community College; and
WHEREAS under the terms of the attached Lease Agreement, the County will construct, operate
and maintain a radio tower and related equipment on land owned by Oakland Community College at 2900
Featherstone Road, Auburn Hills, Michigan. The County as owner of the tower may also lease space on
the tower to the College or third parties under separate agreements with the College's consent; and
WHEREAS the lease will commence upon approval and execution of the lease by both parties.
The initial term of the lease shall be 15 years. The lease may be extended by the parties for up to three
additional five-year terms; and
WHEREAS the Departments of Facilities Management, Information Technology, and Corporation
Counsel have reviewed and/or prepared all necessary documents related to the attached lease agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
rescinds Miscellaneous Resolution 04310.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Lease Agreement between the County of Oakland and Oakland Community
College which shall replace the Lease Agreement approved and authorized by Miscellaneous Resolution
04310.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby
authorizes the Chairperson to execute the attached Lease Agreement and all necessary documents
between the County of Oakland and Oakland Community College.
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 Coleman absent
LEASE AGREEMENT
This LEASE (Lease) 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 ("Tenant") and Oakland
Community College, located at George A. Bee Administration Center, 2480 Opdyke, Bloomfield
Hills, Michigan 48304 ("Landlord").
BACKGROUND
A. Landlord is the owner in fee simple of a parcel of land located at 2900 Featherstone Road, Auburn
Hills, Michigan 48326, whose legal description is set forth in Exhibit A.
B. Tenant is a municipal and constitutional corporation desiring to lease the Site from Landlord for
the construction and maintenance of an one hundred and eighty-five (185) foot high tripole tower
to operate a County-wide public safety radio system and for placement of an equipment shelter
and generator.
C. Upon the execution of a separate lease or license agreement, Landlord may lease or license space
on the Tower from Tenant, at no cost, to place communication equipment on the Tower, if there is
space available.
D. Upon prior written approval of Landlord, Tenant may lease or license space on the Tower 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 . Defmitions. •
1 .1. "Access Easement" shall mean the real property owned by Landlord and described in
Exhibit B.
1.2. "Day" shall mean calendar day, unless otherwise specified in this Lease.
1.3. "Land" shall mean the description of property set forth in Exhibit A, which is located
at 2900 Featherstone Road, Auburn Hills, Michigan 48326.
1 .4. "Site" shall mean the Land and the Access Easement.
1.5. "Site Plan" shall mean the plans approved by Landlord; reduced sized copies are
attached as Exhibit C.
1.6. "Tower" shall mean the one hundred and eighty-five (185) foot high tripole tower
constructed by the County pursuant to Exhibit C.
§2. Leased Site and Easement. Landlord leases to Tenant and Tenant leases from Landlord the
Land described in Exhibit A. Landlord grants Tenant a non-exclusive easement for ingress,
egress, and utilities over the adjacent real property described in Exhibit B.
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§3. Proper Title. Landlord warrants that it has legal title to the Site or an assignable or
otherwise transferable possessory interest of such nature as to confer upon Tenant the same
full rights of occupancy as if Landlord had legal title. Landlord, at its sole expense, shall
defend Tenant against any claim challenging Landlord's right to confer upon Tenant the
right to occupy the Site; and Landlord shall, at its sole expense, satisfy any judgment
against Tenant arising from such claim.
§4. Term.
4.1. This Lease shall commence on the date it has been executed by both Parties
("Commencement Date") and end on the fifteen (15 th) anniversary of the
Commencement Date (Initial Term). Upon expiration of the Initial Term, this Lease
may be renewed for three (3) additional terms of five (5) years each ("Renewal
Term"), unless this Lease is terminated earlier as provided in this Lease, or Tenant
provides written notice to the Landlord of its intent not to renew the Lease sixty (60)
days before the end of the Initial Term or Renewal Term.
§5. Rent.
5.1. Tenant shall pay the Landlord, the sum of one dollar ($1.00) ("Base Rent") annually
during the Initial Term and any Renewal Term of this Lease, as rent for the Site.
§6. Use of Site.
6.1. Tenant shall use the Site for the construction and maintenance of a Tower to operate a
County-wide public safety radio system, for placement of an equipment shelter and
generator, or as agreed to by the Parties in writing.
6.2. Tenant's use of the Site will comply with all applicable laws, regulations, rules, and
ordinances.
§7. Tenant Improvements and Plans.
7.1. Tenant may improve the Site by constructing the Tower and any related support facilities
and structures on the Site or other improvements as approved by Landlord. Prior to
commencing construction, Tenant shall submit plans and specifications for all
improvements to Landlord for Landlord's written approval; such approval shall not be
unreasonably withheld. Except as agreed by the Parties, no improvement, construction,
installation, or alteration shall be commenced until plans for such work have been
approved by the Landlord and all necessary approvals, licenses, and/or permits have been
properly issued.
7.2. 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, and driveway, (ii) the
proposed changes in the landscape, (iii) the proposed type and height of fencing, and (iv)
any other details that the Landlord may request.
7.3. Prior to commencing construction, Tenant shall provide Landlord with the name of the
contractor that will be constructing the improvements. Tenant shall require its
subcontractors to obtain and maintain adequate levels of general liability and workers'
compensation insurance.
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7.4. No improvements or modifications to the Site and/or Tower shall be made without the
Landlords written consent.
7.5. The Tower and all improvements made to the Tower shall remain the property of Tenant.
7.6. Tenant shall be responsible for obtaining and paying for all governmental approvals,
permits, and licenses necessary to construct the Tower and/or any other improvements.
7.7. All improvements shall be constructed in a workmanlike manner and shall be completed
in compliance with all applicable laws, rules, ordinances, and regulations.
7.8. Construction of the Tower shall be completed within one (1) year of the Commencement
Date of this Lease, If the Tower is not constructed within one (1) year, either Party may
terminate this Lease pursuant to Section 15.
7.9. Tenant shall keep the Site free from any liens arising from any work performed, materials
furnished, or obligations incurred by or at the request of Tenant. If any lien is filed against
the Site as a result of acts or omission of Tenant or Tenant's employees, agents, or
contractors, Tenant shall discharge the lien in a manner reasonably satisfactory to
Landlord within ninety (90) days after Tenant receives written notice that the lien has been
filed.
§8. Assignment and Subletting.
8.1. Tenant shall not assign this Lease in whole or in part, or sublet all or any part of the Site
without Landlord's written consent.
8.2. With Landlord's prior written consent, Tenant may lease or license space on the Tower to
third parties for the purpose of installing, mounting, and operating various types of
communications equipment and related communications activities.
§9. Fees for Landlord.
9.1. Unless otherwise agreed by the Parties in writing, Landlord shall not be required to make
any expenditure or pay any fee in connection with this Lease, or make any improvements
to the Site.
§10. Maintenance of Tower and Site.
10.1. Tenant 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.
Tenant shall keep the Site free of debris.
10.2. Upon written request of Landlord, Tenant shall move the access drive to the Site and
Tower. Tenant shall be responsible for the costs associated moving the access drive, but
in no event shall the County be required to expend more than $2,500.00 for such move. If
moving the access drive costs more than $2,500.00, the Landlord shall be responsible for
those costs. The Tenant shall have ninety (90) days from receipt of the request to
complete the move of the access drive.
10.3. Upon eighteen (18) months written notice to the Tenant and approval by the Tenant (such
approval shall not be unreasonably withheld), the Landlord may relocate the Tower to
another location on the College Campus in Auburn Hills, Michigan. All costs associated
with relocating the Tower, including but not limited to Tenant expenses for re-licensing
2003-0047-01Final Lease Agreement.doc
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frequencies, moving Tenant Equipment, and moving any co-locators' equipment shall be
paid by the Landlord
§11. Access to Site.
11.1. Tenant shall have the right to access the Site twenty-four (24) hours a day, seven (7) days
a week. Landlord shall have the right to enter the Site to examine and inspect the Site.
§12. Utilities.
12.1. Tenant shall be responsible for obtaining and paying for any utility service to the Site.
§13. Quiet Enjoyment.
13.1. The Tenant shall peaceably and quietly enjoy and hold the rights and the privileges
granted under this Lease without hindrance or interference by the Landlord.
§14. Governmental Approvals.
14.1. This Lease is contingent upon Tenant obtaining and maintaining all necessary
governmental approvals, permits, and/or licenses that Tenant deems necessary. If such
approvals, permits, and/or licenses are not obtained or maintained, then Tenant may
terminate this Lease and proceed pursuant to Section 15.
§15. Termination.
15.1. Termination by Landlord: Upon thirty (30) days written notice, Landlord may terminate
this Lease if: (1) Tenant fails to use the Site according to use set forth in Section 6, or (2)
Tenant is in breach of the Lease and has failed to cure the breach within sixty (60) days of
receiving notice from Landlord that Tenant is in breach. The notice from Landlord,
setting forth the beach, shall sufficiently describe the breach so as to give Tenant enough
information to cure such breach.
15.2. Termination by Tenant: Upon ninety (90) days written notice, Tenant may terminate this
Lease if Tenant determines that this Lease is no longer necessary for Tenant purposes or
for technological reasons.
15.3. Upon termination of this Lease, Landlord has the option to purchase the Tower from
Tenant at its appraised value. Landlord must exercise this option within thirty (30) days of
termination of the Lease by sending Tenant written notice. If Landlord chooses not to
exercise this option, Tenant shall remove the Tower and all related structures on the site
and restore the site to a level grade, so no further evidence of the Tower and/or structures
is visible (landscaping excluded), within ninety (90) days of termination, unless otherwise
agreed to by the Parties.
§16. Condemnation.
16.1. In the event the entire Site is taken by eminent domain, this Lease 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 Tenant,
either Party shall have the right to terminate this Lease 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, Tenant shall not be entitled to any portion of the reward
paid for the taking and the Landlord shall receive full amount of such award. Tenant shall
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have the right to claim and recover from the condemning authority, but not from Landlord,
such compensation as may be separately awarded or recoverable by Tenant on account of
any and all damage to Tenant and any costs or expenses incurred by Tenant in
moving/removing its equipment, personal property, and leasehold improvements. Upon
termination of this Lease pursuant to this paragraph, Tenant shall be entitled to the
reimbursement of any Rent prepaid by Tenant.
§17. Damage or Destruction of Tower.
17.1. If the Tower or any portion of the Tower is destroyed or damaged so as to materially
hinder effective use of the Tower, Tenant may elect to terminate this Lease upon thirty
(30) days written notice to Landlord. In such event, Tenant and Landlord shall proceed as
set forth in Section 15, This Lease shall terminate upon Tenant's fulfillment of the
obligations set forth in the preceding sentence. Landlord shall have no obligation to repair
any damage to any portion of the Site.
17.2. If Tenant chooses not to terminate this Lease, it may repair or rebuild the Tower and/or
improvements. During the period that the Tower is being repaired or rebuilt, Tenant, at its
own expense and if possible, may locate a temporary Tower to another location on
Landlord's property, as mutually agreed by the Parties.
§18. Liability.
18.1. Each Party shall be responsible for its acts, the acts of its employees and agents, the costs
associated with those acts, and the defense of those acts.
§19. Insurance.
19.1. Tenant is self-insured with respect to general liability claims. Tenant has purchased a
separate insurance policy for property claims. Tenant and Landlord mutually agree to
have their property insurance companies 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. Notices.
20.1. All notices, requests, demands, and other communications required by this Lease shall be
in writing and shall be deemed given if personally delivered or mailed, certified mail,
return receipt requested, to the following addresses:
To Landlord: Vice Chancellor, Administrative Services
George A. Bee Administration Center
2480 Opdyke
Bloomfield Hills, MI 48304
With a copy to:
To Tenant: 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
2003-0047-01Final Lease Agreetnent.doc
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I Public Works Drive
Waterford, MI 48328
§21. Relationship of Parties.
21.1. Nothing contained in this Lease shall be deemed or construed to create a relationship of
principal and agent or of partnership or joint venture between the Parties hereto. Neither
any provision of this Lease nor any acts of the parties shall create any relationship between
the Parties other than that of Landlord and Tenant,
§22. Headings.
22.1. The section headings used theoughout this Lease are provided for reader convenience only
and shall not be controlling in the interpretation of this Lease.
§23. Entire Agreement.
23.1. This Lease 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. Tenant represents that there are no understandings,
representations, or promises of any kind, oral or written, that have been made by Landlord
to induce the execution of this Lease except those expressly set forth in writing in this
Lease.
§24. Invalid Provision.
24.1. The invalidity or unenforcability of any sections or subsections of this Lease shall not
affect the validity or enforceability of the remainder of this Lease or the remainder of any
sections or subsections. This Lease shall be construed in all respects as if any invalid or
unenforceable sections or subsections were omitted.
§25. Governing Law and Venue.
25.1. This Lease 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 Lease 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.
§26. Amendment.
26.1. This Lease may not be changed, modified, amended, or altered, except by an agreement in
writing, signed by both Parties.
§27. Succession.
27.1. This Lease is binding upon the Parties and shall be binding upon their successive heirs,
representatives, administrators, successors, subcontractors, and assigns.
§28. Force Majeure.
28.1. Each Party shall be excused from any obligations under this Lease 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.
2003-0047-01Final Lease Agreementdoc
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§29. Discrimination.
29.1. 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.
§30. Reservation Of Rights.
30.1. The Lease 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 Tenant or Landlord.
§31. No Implied Waiver.
31.1. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any right
or remedy under this Lease shall constitute a waiver of those rights with regard to any
existing or subsequent breach of this Lease. No waiver of any term, condition, or
provision of this Lease, 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
Lease. No waiver by either Party shall subsequently effect its right to require strict
performance of this Lease.
§32. Remedies Not Exclusive.
32.1. The rights, remedies, and benefits provided by this Lease 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.
§33. Counterparts.
33.1. This Lease 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 Lease on behalf of Landlord
and accepts and binds the Landlord to the terms and conditions hereof on this day of
LANDLORD:
By:
Its:
Date:
WITNESS:
By:
Date:
2003-0047-01Final Lease Agreementdoc
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Signed and sworn to before me in the County of
Michigan, on the day of 200
Notary Public, State of Michigan, Oakland County.
My Commission Expires:
Acting in the County of
IN WITNESS WHEREOF, Thomas A. Law executes this Lease on behalf of the COUNTY OF
OAKLAND, a Michigan Constitutional and Municipal Corporation, and accepts and binds the
COUNTY OF OAKLAND to the terms and conditions of this Lease on this day of
, 200
TENANT:
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
Michael D. Hughson
Notary Public, State of Michigan, Oakland County.
My Commission Expires: 5-5-2008
Acting in the County of Oakland
2003-0047-01Final Lease Agreementdoc
Page 8 of 8
EXHIBIT A - LEGAL DESCRIPTION
All that part of the Northeast 1/4 of Section 26, Town 3 North, Range 10 East, City of Auburn Hills,
Oakland County, Michigan, described as; Commencing at the Northeast corner of said Section 26;
thence South 88°19'41" West 69.00 feet along the north line of said Section 26; thence South
00035'35" East 1976.13 feet TO THE PLACE OF BEGINNING OF THIS DESCRIPTION; thence
North 89°24'25" East 50.00 feet; thence South 00°3535" East 40.00 feet; thence South 89°24'25" West
50.00 feet; thence North 00°35'35" West 40.00 feet to the place of beginning of this description.
EXHIBIT B
LEGAL DESCRIPTION
INGRESS/EGRESS & UTILITY EASEMENT
A 20.00 foot wide easement in that part of the Northeast 1/4 of Section 26 and the
Northwest 1/4 of Section 25, Town 3 North, Range 10 East, City of Auburn Hills,
Oakland County, Michigan, the centerline of which is described as; Commencing
at the Northeast corner of said Section 26; thence South 88°19'41" West 69.00 feet
along the north line of said Section 26; thence South 00°35'35" East 1996.13 feet
TO THE PLACE OF BEGINNING OF THIS CENTERLINE DESCRIPTION;
thence North 48°28'14" West 109.10 feet; thence North 70°14'43" East 226.34
feet; thence North 00°49 1 22" West 187.00 feet; thence North 01°48'17" West
1342.00 feet; thence NOrth 36°26'26" East 77.80 feet to point "A"; thence North
36'26'26" East 25.65 feet; thence North 42°41'14" West 94.62 feet; thence North
03°4130" West 49.47 feet to the southerly right of way line of Featherstone Road
for the place of ending of this centerline description; thence recommencing at the
aforedescribed point "A" FOR THE PLACE OF BEGINNING OF THIS
CENTERLINE DESCRIPTION; thence North 50°00'23" West 123.23 feet; thence
North 06°36'33" West 58.95 feet to the southerly right of way line of Featherstone
Road for the place of ending of this centerline description.
A 10.00 foot wide easement in that part of the Northeast 1/4 of Section 26 and the
Northwest 1/4 of Section 25, Town 3 North, Range 10 East, City of Auburn Hills,
Oakland County, Michigan, the centerline of which is described as; Commencing
at the Northeast corner of said Section 26; thence South 88°19'41" West 69.00 feet
along the north line of said Section 26; thence South 00°35'35" East 1976.13 feet;
• thence North 89°24'25" East 50.00 feet; thence South 00°35'35" East 13.00 feet TO
THE PLACE OF BEGINNING OF THIS CENTERLINE DESCRIPTION; thence
North 89°24'25" East 127.00 feet to the place of ending of this centerline
description.
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PROJECT INFO:
910 LOCATOR
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AUBURN HILLS, MICHIGAN 68320
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OAKLAND COUNTY COMEANIP(COLLEGE
1920 NATHERSTONE ROAD
ALTMAN 04304.91105109544290
CONTACT: 523 40448410)00
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2C INFORMATION
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17260 HAGGERTY ROAD, SUITE 44-19
FARMINGTON HIUS. 48231
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PONTIAC. MICHIGAN 48341-0401
CONTACT: PAIRCLA COATES
PHCNE: 24E4529:747
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549 Ottaw KW, • Ga, rand Rapids, MI 49503
W6)274.1500 • Fhone Fax 1616) 224-1501
FISCAL NOTE (MISC. #04372) December 9, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST TO RESCIND
MISCELLANEOUS RESOLUTION NO. 04310 AND APPROVE LEASE AGREEMENT WITH
OAKLAND COMMUNITY COLLEGE 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. Miscellaneous Resolution #04310 approved a lease agreement
between Oakland County and Oakland Community College for
construction of a radio tower on property located at 2900
Featherstone Road, Auburn Hills, Michigan.
2. The utility company has requested an extension to the
utility easement, which requires changes to the exhibits to
the Lease Agreement.
3. The resolution approves and authorizes a Lease Agreement
between Oakland County and Oakland Community College, which
replaces the Lease Agreement approved and authorized by
Miscellaneous Resolution #04310.
4. The resolution also rescinds Miscellaneous Resolution
#04310.
5. All terms and conditions of the original Lease Agreement
will remain with the exception of the addition of the new
utility easement description and revised exhibits.
6. No budget amendment is required.
FINANCE COMMITTEE
s
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Webster absent.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the county of Oakland at
Pontiac, Michigan this 9th day of December, 2004.
G. William Caddell, County Clerk
December 9, 2004 Resolution #04372
Moved by Palmer supported by Knollenberg the resolution be adopted.
AYES: McMillin, Moffitt, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson,
Zack, Bullard, Coulter, Crawford, DougIs, Gregory, Hatchett, Jamian, Knollenberg, Kowati Law,
Long. (22)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution was adopted.
THEREBY APPROVE THE ;111E601M RESOLUTION
/2„./Ildvl
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.