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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. 2003-0047-01Final Lease Agreementdoe Page 1 of 8 §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. 2003-0047-01Final Lease Agreement.doe Page 2 of 8 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 Page 3 of 8 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 2003-0047-01Final Lease Agieernentdoc Page 4 of 8 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 Page 5 of 8 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 Page 6 of 8 §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 Page 7 of 8 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. -44 4111111.ffir 111111111PAR M1111111111AF-11111111111111ir Inumi111111r SITE LOCATION ,LTalI6cnn C6rnm E-Col c6e2Aub4rn „ nent.corn, Inc.: 02004 Navinasinn To I of 4 - a 1- w u W 5 r 2 :11 W rc — - 3 - 4 - SHEET INDEX: NO.: PAGE TITLE: T-1 TITLE SHEET S-1 SITE SURVEY* 5-2 SITE SURVEY' C-1 SITE LAYOUT C-2 COMPOUND PLAN A-1 TOWER ELEVATION PROJECT INFO: 910 LOCATOR 10:0 FEATHERSTONE ROAD AUBURN HILLS, MICHIGAN 68320 PROPERTY OYONff6 OAKLAND COUNTY COMEANIP(COLLEGE 1920 NATHERSTONE ROAD ALTMAN 04304.91105109544290 CONTACT: 523 40448410)00 PHONE 2442412011 2C INFORMATION CENTER OF LEASE PARCEL: LAT:431 18' 88.89. LONG. 831 la 45.03• GROUND aEVATION: 063. PINS INFORMATION: 50181910051 /4 SECTION 25135 RICE AUBURN NUS OAELAND COUNTY MICHIGAN efflahk.land County OAKLAND COUNTY CLEWS 1?" 1 nruE er. 0..111.1:9 PREPARED BY OTHERS MCI [13.112 cacao. maxcr mum I HEREBY CERTIFY MAT THIS PLAN SET WAS PREPARED TTY MOOR UNDER MY DIRECT SUPERVLSION AND THAT I AM A DULY LICENSED PROFINRONAL ENGINEER UNDER NE TAWS OF ENE STAIR OF MICHIGAN INGWEBT SEAL: C..e+ br.a ON SITE LOCATION MAP N6Lone. Signature: CALL 90 DIG SYSTE1.4. INC I SO0.632-7171 8311944 SCALE NTS Dans NuRER AIDA IS .015.0r.us 1Z.14.41e1M6 T-1 tj 0,4'1 1: RADIAN TWIs AUBURN HILLS AUBURN HILLS, MICHIGAN PERMIT DRAWINGS 185' TRIPOLE TOWER MARCH 2004 PROJECT DIRECTORY: MINT RADIAN COMMUNICATIONS SERVICES CORTI 17260 HAGGERTY ROAD, SUITE 44-19 FARMINGTON HIUS. 48231 CONIC!: DAN INFER PRONE: 248E481059 PROJECT SPONSOR, CAELAND COUNTY. CLEWS PROJECT COUNTY SERVICE CENTER 11100104TFI TELEGRAPH ROAD PONTIAC. MICHIGAN 48341-0401 CONTACT: PAIRCLA COATES PHCNE: 24E4529:747 INCLINER 8309 0099211100 ENGINEERS. INC 624 WATER STREET MARIE DU SAG WI 51576 0048911: 058 BAUMGAARICI PHONE: 6120644 1049 1639642000 0071.1.0,-.4110140f P0007ANIS 1.01301000 Mar:0 PFIJOCE YOU 17011141....11(W. 0 r=0.9,11D. ;) „ ..• •,, •.. 0 1 0 RICHARO-THOMPSON AV Z.. A P LI --''/V, I ' ---Cn..--•••••••//".--- -, -:-"ri-'-'''''''. M •13 I . ,.., tf.) ,. c:: ):.•:'.):_. , ‘,1 i I • . (-), (-' , 1. - , 7.,.•.-, ) '.:: ':-.: ' 1 r-, ;T.) ,L.:•: ,-,:-.::, ' !Ili Z I I (.i) 1 1 Ill \----II, \ ' ''‘, .. C), 1 t1:\... ‘., n, \ ',, \..-. i , I 73 ‘s. \,. . :.,.,...J+ ......., . } ' ; ' J N ) ns, SITE LAYOUT AUBURN HILLS AUBURN HILLS, MICHIGAN Edge CconauleIng Erseineema. 624 ...fee, Pn5ro. Sae 441 41478 678044440,2.424 0.10.877.1712. 24AflC&4,* 4427 COMPOUND PLAN AUBURN HILLS AUBURN HILLS, MICHIGAN Edge ....Wt.', 11,1 Ina. OA wend WO PrArle tti San WI 5N51t1 60.19 1949 %aro ems mule whew octet...it oorn a 7M. 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O • i' ..; BLocx j .>'-.1 falrill" 2 , .1.- , BUILDING ".• , L .4 .,, eii,...,, ,__,, -.„ -,----. , ,i)içi -s0-110006)0uS , Fi / CONSUMERS pNERGY . i ...-1 eAc'' .066,72 Nocv‘. cottS 1 STORY Blocs Boa.004o 4'21.E 127.00' ElEVAIION: Elart =JOE: 42738'3L09-14 6313'45.071V RANDy .P.O.B. 100. WIDE IITILRY (+saw 20_00' wIDE PCRESWEDFCESS 0. FASEIENT 7,4 .RN PROPOSED 1162' HIGH TRIPOLE A NI -4t 2 .07N L _ SURVEYOR'S NOTE rxr 7041012 Of 758 MOTET 6 2414144762 2E08* #442 61 APCNIP1m4E- TOPOGRAMICN. SUNK, FOR 1105 LOP INS P080164W 0/4 70*4 4, 2004. Nar rt.) ea LAID 10 CONSTRICTION CRUM= SITE #14128 RADIAN/AUBURN HILLS fritChigOTI aklond County RADIAN/ AUBURN HILLS SITE *1428 <NI In AcIA A A VICINITY MAP LEGEND Eg - PolO 14.7141 9 - MATER 5442£ _ GAS 71.92 -001 MA. PORT - 745 AMP - 166774 4210 - 4066r 0 - 7717 116.77 - 112171 TYE - 1142010111 RISCR ▪ - 1447 - 0151011 2(117 • - 1070 IR. STARE - TV RISER • -SET 120N 52840. - WEN 74371 _ so, 0 - ROUND CAT. BASIN E - ot. sQL 0 - unts, - 12112 1101 0 - 51714 704703. = - GUT 71674011 0 - 725717 0.51011 - 472)1152)1 (0 - ELECORIC 94411011 - 1.1.7 - rairrion4 1,1710101.6 • - POST ® _ 777 240416026 -4.51 unurr muumx - 74710.7* $40,214 o - 189.1834* - MAILE10% - SATELLITE 0194 4 - PINE MU - - WRIER MIXT UN! - - MUNDT. 45011 4)411 - - EIECTIOC UTIUTT UNE - -045 6114111 LINE - - STEM 4)47)1 002 - STORM UVUTY UNE - SAIRERAT UTILITY UNE - RSV OPTIC UTILITY U411 - MOM. UPUTY UNE I-. 966.2 on sow 00 440496477 7077 777 Own 0,-6....**1 *44 Plc... 71,. We. 704 So ANWernWW/ NI lw moat al.. nor 404.1 0 swan. eleoe 7140 en .I. .0 147w in 7 won 94 77 .41.6 81 434/0/24 1746247 OusE P.S. 25554 Uw0.416.1.MIINN 0074 87 R... p•A0.6110:1•110.1025.0.1 411 SINUS A - TRAVERSE POINT • - C.) - 1631177 DI - - 1031121162312 127 • - 1674 24417Ell • -05 1.0362.2 - UNIT - ITC. If RAT MMNITt sun., No: Edge eons, c.n*. ra. 634 740 SIrs. Pro. 04 SOC, 42 5.3S3S 501.14.1.9 wine 6045241716 247 6763727706914. 147.0 .774 2*4 0:9.0.9404) 043 I orscRonlon Note MTV pal1017 KME RADIAWAIBURN NILS STE 81428 SITE ADORESS 2600 FEATIASiSTIE RS MOWN 1143, 48326 Si [ !c renzot ii SHEET mu r, 1 4: • 1 Williams &Works DATE II- 1,6 ATCHLINE SHEET 2 ELEVATION DATUM All 0741745 004 BASED 7.7 00441)031 X. U. 7C11044 'EM"' ae-----M-A2M6ERSTOIRE II 1/4 COR. 0717011162 .2 1.5112.20 AT 122 00.11W. 171. R102 7FIELEVA11016 860-20 RAILROAD 5072 04 76 1172711 OM OF PORCR POLL 506! MIDI DE THE DOWN OF La STORAGE 7E5 • 1064 CAST Of 71. CAST.) Cf RaTARO TROOPS. 00104110. FLOOD PLAIN INFORMATION 411 HAVE 0174518100 THE 1)0024, 6017101277 MA.C7477 602147 141.17. f1.020 11.4717414C2 MAD 06 7177.1621 6212 014 46 412674 440*4. 042.. 00.17127. 0*0*4112 PM. RAMO 260263 0015 0 0.61 045 16 177. MO MO 11167 01171111)8) SIC CS 0402 241.4 75 100 KM 62100 10142. BASIS OF BEARINGS LT.ITTLIOE 1.47574102 OF SITE 012277116 P006 ARC WSW OM 14471 097 40*6402 2702067 MOW (POO 77001. ARC 75E0 7 MC 940814 25 0271321020 ev TURN (7147 Accumor 02)222.6 REWORK) wea PROPRIETOR C0.694. COLLEGE 08 )001*0080 AMAX KIS, AV 22.540 PROPERTY DETAIL PROJECT DIRECTORY: 41.711, 7704 CONIAMCATICNS SERVICES COW. 1.6242 TIM 27960 HAC27RT SNT5 AW 141)00516040-1. 49331-34. MOS. 2046461052 PROJECT SPC445045 0040416 4.1565 572611 0014477 7119.4 0717 1200 A7714 62107.4 ROAD 00102. 10097/4 46341-77 08T73111 RAMC. 03616 Nose 24642/9647 LEGAL DESCRIPTION PAK. PARCEL 11918. 1431 04-14-2.7101-07 (66044 ). 02746076717 11116. 060 4* PART I36 WI 1/4 WC 44 MO 7C OM, 1967-54.226 224491 6.7. 74-44-252 74 0). 01 05-44-17 167.7 F1. AI 713-31-320 22652 FT. TI 444 CORK 10 R177, RAD 3960.72 It PICO 977 603-07-2321 55.7 16 2167 Of 55.67 10, 00)1.44-3)1) 52412 FT. 7 74-75-330 20460!). Tb 304-40-*CE 42640 PE. 74 100-03-07 741.51. TM 502-44-252 140.45 P4.70 003-111-27E 225.05 P7. 714 651-19-357 13715 01. TN S 02-55-50W TO 141.5 UNE 9-59 10/11. TO 601 -15-300 124235 FT. IN I0U-344M S154.65 ET. .01-1.7-00E 1542. FT 10000 0018. 04-7-7-225-635 ORM T. 180707170 774, RIM. 004 9) 762 14C 1 /4 180 21 PT 0151501-47-57 120 Fr 10432 431 74 CDR 061-47-62 0 142256 h. 7 502-34162 26261 It 114 302-30-16C 77.66 FT. 714 57-45-07 10772 FT. 114755-13-$7 5347 FT, TM 71-11.-23 251*). 04 NCO -40-47 390 Ft 714 094-20-02*: T3_57 ft 01 001-40-431) 123675 FT, 114 .5-19-17C 41603 FT TO 620 RE CDR. SEC. 04 NW COT. WS. 15 1.121.11102 ”NE SE.TION 15 7 5081 umnia CALL PASS MO. 7110434167207 r-1,-00035"35-E 1970.12' 1 *,\_- - -ref54.5.75 Etioir -- - -I, \,.., P.0.0. sonceo• , .'8 .'",J LEASE AR£A -RI p.O.B. 10' VADE-, 12 471011)14 416)508343)8 \ I . LEASE AREA DFTAIL SCALE 11420 01z Ullt! Rprgi 1101 aost.,ep /4 !IN1 4i110 ;ii' iVr U2 g g 111 • gi. ! 1-11 ILA g C ▪ O .4 a E • gd 44 CI rt- If 0 1 60 g * r &; o 90 !dEgr il 5r- !Ajrp: f ggic; %MN 16:1 z JealA rgIni; ,,,,mookoefk! VI - gli,t, P•O, S z et 9f10 g-t„.161 ./..Pg ......... 1Eq 42 ' 41- e F.,t011 40vinap40" !! A ; g Cl) ' :0 9Z 4OLLO3S 3N11 MATCHLINE SHEET 1 S1112,0Erkp ON 112:11' I I I I. I— 11 GZ NO[03; 3N1-i i ligd 'I • tgl. 3 3 WS., Wel r rag e 1 a 3 - R • 000603glitielDg3moe.q. I - I I I t reus-P 11 00 ,5r® inD1 RleXi A g Ft 742q" CC ".E110 ,• r- rl rr, 1 1111 ii I N. LINE SECTION 26 FEATHERSTONE ROAD j107) P 4 N W rotA, \--14, LINE SECTkON 25 01 1 %13 /80 g• 25 g04 A 4 1g 111 .RV 6 4. AI Dr 1052.3);5 9h I; xq*, 4t1 16 tql.z g"g If IfiqlgrIA ,,,,, I igi qp , mit wponi , litiar!Vgiwpi likb3 1,_- :,14 IA lif,11,101 C ° i[ii40 1 1;P ,1 011%Ntii ,,-3 401 11,%risl 511r1; ..-,3 E 4,q1 1,W1 P— .1%ttial, -8 qiiAh ?P!Ve i Zi E cn ,X0!11 01 j.:Tiy ;.,i . arlig& g m gleq9iFT; JOY FA4-4 .5,W 15 * 1,;:q-ony! lell AO .,,Agf:§ ii-A t3gil 48 ,/ti Pal?: [4CkIV !IP21..1 143 co !Vit0q4(•. qpill ,:F !m§4, a ;efliTEW t42 3r !7.1 i Wfr° F: 41-IP if ri f°10 0 "i ;Ig.'1' gm i,ill 11 !uig. !IR, 'g2g0i (IS =(-05,1rna 4 1. 1'9 ,c,Atg Ti 7,ti •g i ,, V21.-1° Williams &Works • a tradition of arrvice• 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.