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HomeMy WebLinkAboutResolutions - 2004.02.05 - 27478aln MISCELLANEOUS RESOLUTION # 04017 January 22, 2004 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH HD Development of Maryland, Inc., A Maryland Corporation c/o HOME DEPOT FOR THE NEW COUNTY-WIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by MR #98308, recognized that the County's current 800MHz radio system needed to be upgraded and expanded to encompass all public safety agencies and to create interoperability 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 Lease Agreement. WHEREAS under the attached Lease Agreement, the County will construct, operate and maintain a radio tower to be located at 225 Avon Road, Rochester Hills. WHEREAS the initial term of the lease shall commence on January 1, 2004 and expire on December 31, 2008. Rent for the term of the lease and three renewable terms shall be $200.00 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 lease agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached lease agreement between the County of Oakland and HD Development of Maryland, a Maryland Corporation ; c/o Home Depot. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson to execute the attached construction license and lease agreement between the County of Oakland and HD Development of Maryland, a Maryland Corporation, c/o Home Depot. 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 • LEASE AGREEMENT This LEASE (Lease) entered into this Z2 day of , 2004' , by the County of Oakland, a municipal and Constitutional Corporation located at 1200 North Telegraph Road, Pontiac, MI 48341 (Tenant) and HD Development of Maryland, Inc., a Maryland corporation, do Home Depot U.S.A., Inc., located at 2455 Paces Ferry Road, NW, Atlanta, GA 303394024 (Landlord). BACKGROUND A. Landlord is the owner in fee simple of a parcel of land located at 225 Avon Road, Rochester Hills, MI, whose legal description is set forth in Exhibit A. B. Tenant is a municipal and constitutional corporation desiring to lease the land, described in Exhibit A, from Landlord for the construction of a 185 foot high monopole Tower to operate a County-wide public safety radio system ("Tower") and for the placement of a generator and shelter to locate the radio equipment, and for no other purpose including but not limited to, lease to third parties. C. In consideration of the mutual covenants contained in the Agreement, the Parties agree to the following terms and conditions. AGREEMENT §1. Leased Site. Landlord leases to Tenant and Tenant leases from Landlord the real property legally described on the attached Exhibit A (the "Land") together with a non-exclusive easement for ingress, egress, and utilities over the adjacent real property legally described on the attached Exhibit B (the "Access Easement"). The Land and the Access Easement are collectively referred to as the "Site" and are reflected on Exhibit C. §2. 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. §3. Term. 3.1. T 's Lease shall commence ongd4k, . I ,200 (Commencement Date) and end o , 200 g at 11:59 p.m. (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. §4. Rent: 4.1 Tenant shall pay the Landlord, the sum of two hundred dollars ($200.00) ("Base Rent") annually during the term of this Lease, as rent for the Site. 2C3-O481Fwl Lease Agreement doe Page 1 of 8 4.2. Tenant shall pay Landlord the Base Rent for the first year on the Commencement Date, and Tenant shall pay Landlord the Base Rent annually on each anniversary of the Commencement Date, within thirty (30) days of receipt of an invoice from Landlord. 4.3. Payments due under this Lease shall be paid at the following address: The Home Depot, Receivables Department, P.O. Box 7247-7491, Philadelphia, PA 19170-7491 or at such other place Landlord may designate in writing. 4.4. Tenant's obligation to pay Base Rent under this Lease shall cease with the termination of this Lease. §5. Use of Site. 5.1. Tenant shall use the Site for the construction and maintenance of a Tower to operate a County-wide public safety radio system, for the placement of a generator and shelter to locate the radio equipment, for other uses permitted by this Lease, or as agreed to by the Parties in writing. 5.2. During this Lease, Tenant's use of Site shall not interfere with Landlord's business operations in any manner. 5.3. Tenant's use of the Site will comply with all applicable laws, regulations, rules, and ordinances. §6. Tenant Improvements and Plans: 6.1. Tenant may improve the Site by constructing or placing the Tower, shelter, and generator on the Site. Prior to commencing construction, Tenant shall submit plans and specifications for all improvements to Landlord at the address in Section 20 for Landlord's written approval; such approval shall not be unreasonably withheld. No improvement, construction, installation, or alteration shall be commenced until plans for such work have been approved by the Landlord and all necessary permits have been properly issued. 6.2. Such plans shall include: Fully dimensioned site plans that are drawn to scale and show (i) the proposed location of the Tower, antennas, equipment shelter, driveway and parking areas, (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. 6.3. Prior to commencing construction, Tenant shall provide Landlord with the name of the contractor that will be constructing the improvements and shall also provide Landlord with a project schedule. Tenant shall be responsible for notifying Landlord at the addresses set forth in Section 20, ten (10) days prior to commencement of any construction activities. 6.4. Tenant shall also provide Landlord notice of completion of the construction on the S ite, at the addresses set forth in Section 20. 6.5. No improvements or modifications to the Site and/or Tower shall be made \:vithout the Landlord's written consent. 6.6. The Tower and all improvements made to the Tower shall remain the property of Tenant. 6.7. Tenant shall be responsible for obtaining and paying for all governmental permits arid approvals necessary to construct the Tower and/or any other improvements. 2003-0481Final Lease Aueementdoc Page 2 of 8 6.8. All improvements shall be constructed in a workmanlike manner and shall be completed in compliance with all applicable laws, rules, ordinances, and regulations. 6.9. 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 forty-five (45) days after Tenant receives written notice that the lien has been filed. §7. Assignment and Subletting. 7.1. 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, which Landlord can withhold, in its sole and absolute discretion. 7.2. With Landlord's written consent, which consent Landlord can withhold, in its sole and absolute discretion, Tenant may lease or license space on the Tower to governmental agencies for the purpose of installing, mounting, and operating various types of communications equipment for public safety purposes. Landlord shall have the right to assign the Lease to Home Depot U.S.A., Inc. or to another Home Depot, Inc. affiliate, without Tenant's consent. 7.3. Notwithstanding any assignment or sublease, Tenant shall remain fully liable on this Lease and shall not be released from performing any of the terms, covenants, and conditions of this Lease. §8. Fees for Landlord. 8.1. 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. §9. Maintenance of Tower and Site. 9.1. 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. Access to Site. 10.1. 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. §11. Utilities. 11.1. Tenant shall be responsible for obtaining any utility service to the Site that it desires such utilities to be separately metered. Tenant shall pay all separately metered utility charges for the Site directly to utility company with whom Tenant shall have a separate agreement. §12. Quiet Enjoyment. 12.1. The Tenant shall peaceably and quietly enjoy and hold the Site, the rights, and the privileges granted under this Lease without hindrance or interference by the Landlord. §13. Governmental Approvals. 2003-0481Final Lease Agreement doc Page 3 of 8 13.1. 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 14. §1 4. Termination. 14.1. 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 5, or (2) Tenant is in breach of the Lease and has failed to cure the breach within thirty (30) days of receiving notice from Landlord that Tenant is in breach. The notice from Landlord, setting forth the breach, shall sufficiently describe the breach so as to give Tenant enough information to cure such breach. 14.2. Termination by Tenant: Upon ninety (90) days written notice to Landlord at the addresses in Section 20, Tenant may terminate this Lease if Tenant determines that this Lease is not appropriate for its operations or for technological reasons. 14.3. Within thirty (30) business days of termination, weather permitting or unless otherwise agreed to by the Parties, Tenant shall remove the Tower and all related structures on the site and restore the site to a its original condition as of the date of the Lease. §15. Condemnation. 15.1. 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 Paity. 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 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. §16. Damage or Destruction of Tower. 16.1. 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 14. This Lease (and Tenant's obligation to pay rent) 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. 16.2. If Tenant chooses not to terminate this Lease, it may repair or rebuild the Tower and/or improvements in accordance with Section 6. 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, such location to be mutually agreed upon by the Parties. 2003-0481Final Lease Ageement.doc Page 4 of 8 §17. Liability. 171 . Tenant 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. Tenant shall also be responsible for its operation of the Tower and/or improvements to the Site. §18. Insurance. 18.1. 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. The Tenant shall provide Landlord with Insurance Certificates for all insurance it has for this Site at the addresses set forth in Section 20. §19. Hold Over. 19.1. Any hold over after the expiration of the Lease with the consent of the Landlord, shall be construed to be a tenancy from month to month at a rate of $2,000.00 per month and shall otherwise be for the term and on the conditions herein specified, so far as applicable. §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: Home Depot Development of Maryland, Inc. do: Home Depot U.S.A., Inc. 2455 Paces Ferry Road, NW Building C, 20th Floor, Legal Department • Atlanta, GA 30339-4024 Regarding Store No. 2727 Attention: Vice President Real Estate Law Group With a copy to: Home Depot U.S.A., Inc. 1400 West Dundee Road Arlington Heights, IL 60004 • Attention: Corporate Counsel - Real Estate To Tenant: CLEMIS Administrator, Department of Information Technology 1200 North Telegraph Road, Building 49 West, Pontiac, 1n41 48341 With a copy to: Property Management Specialist 2003-0481Bnal Lease Ageementdoe Page 5 of 8 Oakland County Department of Facilities Management 1 Public Work 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 throughout 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 hei rs, 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, including, but not limited to, an act of God, war, acts of government, fire, strike, 2003-048 'Real Lease Agreement.cloc Page 6 of 8 labor disputes, civil disturbances, reduction of power source, or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the affected Party of any such event. §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. §31. No Implied Waiver 31.1. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any tight 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. 2003-048I Final itase Aweernenidoc Page 7 of 8 LANDLORD: I-ID Development of Maryland, Inc., a Maryland Corporation By: J6trigraei Senior Corporate Coos& - Realristat(-.: Its: c-23,2-01.1 4 Date: SubscriXd ar}d sworn to before me on pelz:e=c0dialy_yf ,c) County; My Commission Expires: GEORGIA ‘4.0TARp li) EXPIRES KUIY 16, 2007 cktokilLE11 IN WITNESS WHEREOF, .-5,-rd-hereby acknowledges that s/he has been authorized by Landlord to execute this Lease on its behalf of LaAlord and hereby accepts and binds said Corporation to the terms and conditions hereof on thisday of 1.:e C40(7-r, 2003-0481Final Lease Agreetnent.cloc Page 8 of 8 IN WITNESS WHEREOF, executes this Lease on behalf of the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, and hereby 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: Subscribed and sworn to before me on the day of ,200 Notary Public, County, Michigan. ' My Commission Expires: 2003-0481Pinal Lease Agreement.doc Page 9 of 8 EXHIBIT A--LEGAL DESCRIPTION All that part of the Northeast 1/4 of Section 22, Town 3 North, Range 11 East, City of Rochester Hills, Oakland County, Michigan, described as; Commencing at the Northeast corner of said Section 22; thence South 88°0626" West 1068.69 feet along the North line of said Section 22; thence South 01°40'00" East 615.18 feet TO THE PLACE OF BEGINNING OF THIS DESCRIPTION; thence South 01°40'00" East 50.00 feet; thence South 88'20'00" West 20.00 feet; thence North 01°40'00" West 50.00 feet; thence North 88°20'00" East 20.00 feet to the place of the beginning of this description. EXHIBIT B - EASEMENT A 20.00 foot wide easement in that part of the Northeast 114 of Section 22, Town 3 North, Range 11 East, City of Rochester Hills, Oakland County, Michigan, the centerline of which is described as; Commencing at the Northeast corner of said Section 22; thence South 88 006126" West 1068.69 feet along the North line of said Section 22; thence South 01°40'00" East 665.18 feet; thence South 88 02000" West 30.00 feet TO THE PLACE OF BEGINNING OF THIS CENTERLINE DESCRIPTION; thence North 01 040'00" West 514.06 feet; thence South 88 0 20'00" West 135.73 feet; thence North 01 040100" West 90.47 feet to the southerly right of way line of Avon Road for the place of ending of this centerline description. 2031.40oow _ P.O.,. tom woc S/ECRESS EASEMENT' -7•07,1.4rwisar-1- 4 I sa -0 _ NI 71, 4 g SOVICEOCrE SO... 8 1-48 1;111,11 1;1;111 piu soruroo't •smis• 6 P,0.11. 20.0CTME woe it.onury EASENT _ _ ....._ T10140.00 $05.2-27 ( .. r \ APPROX. _ i LOCATION TU. 1.114 1 4 ii i ltC 1;PA p& 1 !TM, IhA l Ing it:' E i z A 4 ig F',1 life z Iii 1 i I 11 iit a3 z, 'IV- ! = 44 I 1 r.gliil z 1 1 Alin 2 ! li ; f jgAtli 0 C:2 3 A al ?OMINOUS 0 • .55,‘,. • 2 0 ; 3 • A F'AP.CE:!.. • .• Milli I 112rthl 11N11 1 " ligt1 itlf;11; 01! 214;14 fs paq Oilr ! .111 146 !Hi qi:201 /111 421411„ 114f41, tlts 4 i " z Vglig; —4 [ rijilif It\ ig iliff Ili vrr r 14411flp igLItitv-rIr ..,. '11 1112 •n•n•_ 1111=inallibillillillednettall1111111111111111111111 I- HEM! il _± (1 .. . . -"r----.---114 -PlIEW. CM • ' - — — -- _,__,____, . • .....:, 5 /101%1051.10 00122 APPPDX. L OCA TION \ --UNDERGROUND OF UHOERCROLINO UPLIFT MARKER TELEPHONE LINE (TELE ) I Egi BITUMINOUS PARKING LOT X IP 8 G - ▪ • • ,caq g r Ps" r cn m g Z Oft t1/41 0 I co moomne ntuE ;141, 141111 1:111 ;1111 Tit I "111 9 .t5 091.+11 1:14 11 8 .Ft r- z lirifl; '0•4 ifs4w 1117.4;. 14;rr.: t2s fe; .4r M i i!iii" I II I t lAW !C; 1 A 1 ! ! . -.0 fa 'o o a e 0 al a e o e s • A21 . i [0 'ill- IriiiiiIPEIA g !W I A ' ' .. lll 5 Iiiilikill ' a iii 4 i .i 4 / " ' ". 4 A t! d i 4 10 11 1 1i11 41 1 !)1 1 P 1 2 1 * ' I 1 P11 1-0 481 . sir I r 11 ! I g 11 SURIAESED BY: Williams &Works • tradition of sortiro• 349 0 llll ll NW. • Cram/ R•pidc 51149502 Km, 1616) 224-1500 • Klic OM 224.1501 4 rn * 14• cn LI 3 IICIIHX2 SITE #1274 ROCHESTER HILLS A 017d County r• CLEWS ••• RAD IAN SEC. 22 St OF W. AVON RO - - 4 - - - — - - - - — NE COR. UN. ROE--\\, SEC. 33. SE . SEC. 21 ISK - - _ SCALE IN FEET MIAMI MAP N.T.S. 200 400 ROMESTER HILLS SITE #12T4 Nor. Edge 0.M.IM ow Owww.5 ups 605.10.141* 1100.019,13 wo. 1.1•AdEff.wm11.som IMO SONO MS. OESS. TIOK op, .1 t 1 - •!i 8 • ••n ;.; ;.; • g o 6 g *ow S r—FrE NAME Williams &Works 8 PROPOSED 27050, LEASE AREA SOCe2 MONOPOLE 35.! 15.35.00. I I I. L- - -1 4 OPOSED 20.00' SIDE UnUrr EASEMENT PROPOSED 20.00' 040E---I INGRESS/EGRESS EA5E0E51 5.1.` TE NAMUR SITE 81274 100,38.1.21.1101 PARCEL Nil 7:11--i5-22-8E:6-016 F'ARCE(.. ?El SPE Amass 129 AVON ROMS ROOTESTSR AucTiMAN 44407 I 'Nur TME S2 s, AMOY J. K E P.S. 20354 •4.. 0411. •.A7,0112 Mae e,•• ft.evtle. W.A..; Vet sat. yeasassolOos ........ CC, ..". .. KC:BIM:SE LAIFj r SLI8VEr0P. • No. 25854 ...... 5k.; FlOCHIESTER F*.LS FISCAL NOTE (MISC. #04017) February 5, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH HD DEVELOPMENT OF MARYLAND, INC., A MARYLAND CORPORATION C/O HOME DEPOT FOR THE NEW COUNTY-WIDE RADIO SYSTEM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Board of Commissioners, pursuant to MCL 484.1401 and Miscellaneous Resolution #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system, including construction of towers, lease of land, and/or lease of space on towers at sites throughout the County. 2. The resolution approves and authorizes a lease agreement between the County of Oakland and HD Development of Maryland, a Maryland Corporation, c/o Home Depot. 3. Under terms of the Agreement, the County will lease approximately 1,000 square feet of real property from HD Development for the construction of a radio communications tower at 225 Avon, Rochester Hills, Michigan. 4. The County will be responsible for the construction, operation, and maintenance of the tower. 5. The Agreement further grants easements for utilities, ingress, and egress over the adjacent real property. 6. The initial lease commences January 1, 2004 and expires December 31, 2008 and may be renewed for three additional five-year terms. 7. The County will pay HD Development $200 annually during the term of the lease as rent for the site. 8. Rent payments as well as utility service to the site will be funded from the emergency telephone operational charge, levied through the Radio Communications Fund to pay for a new County-wide radio system. 9. No budget amendment is required. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #04017 January 22, 2004 The Chairperson referred the resolution to the Finance Committee. There were no objections. WileY G. William Caddell, County Clerk Resolution #04017 February 5, 2004 Moved by Potter supported by Gregory the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Moffitt, Moss, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (22) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). I IIIERY APPROVE THE FOREGONO 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 February 5, 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,Jihe County of Oakland at Pontiac, Michigan this 5th day of February, 2004.