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HomeMy WebLinkAboutResolutions - 2004.03.17 - 27559March 4, 2004 MISCELLANEOUS RESOLUTION # 04059 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF BLOOMFIELD FOR THE NEW COUNTYWIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by MR #98308, recognized that the County's current 800MHz radio system needed to be upgraded and expanded to encompass all public safety agencies and to create interoperatibility between public safety agencies; and WHEREAS the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and MR #99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County- wide radio system that will have the ability to encompass all public safety agencies and create interoperability between public safety agencies; and WHEREAS to properly implement and operate the new County-wide radio system, the County will need to build towers, lease land, and/or lease space on towers at sites throughout the County; and WHEREAS it is the recommendation of the Departments of Facilities Management and Information Technology that the Oakland County Board of Commissioners accept and approve the terms and conditions of the attached Construction License and Lease Agreement. WHEREAS under the attached Construction License and Lease Agreement, the County will construct a radio tower at 4200 Telegraph Road, Bloomfield Hills, Michigan; the County will sell the tower to the Charter Township of Bloomfield for one ($1) dollar upon completion, and the township will lease the County space on the tower for one ($1) dollar per year. WHEREAS the Departments of Facilities Management, Information Technology, and Corporation Counsel have reviewed and/or prepared all necessary documents related to the attached Construction License and Lease Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Construction License and Lease Agreement between the County of Oakland and the Charter Township of Bloomfield. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Construction License and Lease Agreement and all other related documents between the County of Oakland and the Charter Township of Bloomfield, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE Planning & Building Committee Vote: Motion carried on unanimous roll call vote with Palmer and Long absent CONSTRUCTION LICENSE AND LEASE AGREEMENT This AGREEMENT ("Agreement") entered into this 18 th day of March, 2004, by the County of Oakland, a municipal and constitutional corporation located at 1200 North Telegraph Road, Pontiac, lvil 48341, acting by and through its Department of Information Technology ("County") and the Charter Township of Bloomfield, a municipal corporation located at 4200 Telegraph Road, Bloomfield Hills, IVII 48303 ("Municipality" ). BACKGROUND A. Municipality is the owner in fee simple of a parcel of land located at 4200 Telegraph Road, Bloomfield Hills, MI 48303, whose legal description is set forth in Exhibit A ("the Land"). B. County is a municipal and constitutional corporation desiring to construct a two hundred and forty (240) foot high Tripole Tower to operate a County-wide public safety radio system ("Tower") on the Land. C. Upon completion of the construction of the Tower and upon final acceptance of the Tower by the County from its contractor, the County will sell the Tower to Municipality for $1.00 in exchange for lease space on the Tower for the County's public safety radio equipment. D. In consideration of the mutual covenants contained in this Agreement, the Parties agree to the following terms and conditions. ARTICLE I - DEFINITIONS 1. "Agreement" shall mean this Agreement including Articles I, II, and III and all exhibits attached to this Agreement. 2. "Commencernent Date" shall mean the date that Tower ownership is transferred by written document to the Municipality. 3. "Day" shall mean calendar day, unless otherwise specified in this Agreement. 4. "Equipment" shall mean all County public safety radio equipment and related equipment set forth in Exhibit B. 5. "Interference" shall mean a material impairment of the quality of sound, picture, or data signals of any broadcasting activity or electronic equipment use as compared with that which wo-1-1 be obtained if no other entity were using or had equipment on the Tower different than what existed or had been approved for installation at the Commencement Date. , , 6. "Land" shall mean the legal description. of property set forth in Exhibit A, which is located at 4200 Telegraph Road, Bloomfield Hills,.MI.48303.. 7. "Site" shall mean the vertical space on the, Towerand space on the Land to place an equipment shelter. 8. "Tower" shall mean the two hundred and forty (240) foot high Tripole Tower constructed by the County pursuant to Exhibits B and C. 2003-0047-2ElmildTowerLease.doc ARTICLE II - TOWER CONSTRUCTION LICENSE 1. The County and its contractors, consultants, agents, and employees shall have a license to enter in and upon the portions of the Land, as necessary, to construct the Tower in the location and manner depicted and described in Exhibit B. 2. Prior to commencing construction, the County shall submit all plans for construction of the Tower to the Municipality for approval (such approval shall not be unreasonably withheld). The construction plans shall become Exhibit B to this Agreement. Prior to construction, the County shall apply for and obtain all necessary governmental approvals, permits and/or licenses to construct the Tower pursuant to Exhibit B. The governmental approvals, permits and/or licenses issued by the Municipality shall become Exhibit C to this Agreement. 3. Construction of the Tower shall be at the sole cost, expense, and risk of the County, with the exception of any permit or other fees that would otherwise be payable to the Municipality, which are hereby waived. 4. The Municipality shall be responsible for removing the current structure on the Land and for all costs associated with such removal. 5. All construction activities shall be conducted in a good, professional, workmanlike manner, in compliance with all applicable laws, regulations, rules, and ordinances, and without damage or injury to the Land, persons lawfully on the Land, property of the Municipality, or third persons on the Land. 6. Immediately after completion of the Tower construction, all areas of the Land that were disrupted or disturbed shall be restored by the County to a level grade in a condition ready for landscaping. The County shall pay the Municipality four thousand ($4,000) dollars to be used for landscaping the Site. The Municipality shall be responsible for all landscaping for the Site. 7. The County shall require its contractor to provide a Performance Bond in the amount of 100% of the Tower construction costs. 8. Upon completion of the Tower construction and final acceptance of the Tower by the County from its contractor, ownership of the Tower and all warranties for the Tower shall be transferred by the County to the Municipality in a written document for one dollar ($1.00) in exchange for Legge space on the Tower for its Equipment at no charge., which the Municipality shall accept upon determining that the Tower and related work has been satisfactorily completed. , 9. If for any reason construction of the Tower is not completed by the County and upon written request of the Municipality, the County shalt remove that portion of the Tower that was completed and restore all areas of the Land that were disrupted or disturbed to a condition that was as good as what existed prior to commencement of construction, or the Municipality may complete construction of the Tower, in which case any work completed by the County shall become the property of the Municipality without any payment or other obligation. ARTICLE 111 - LEASE AGREEMENT §1. Agreement Site. The Municipality leases to the County and the County leases from the Municipality the vertical space on the Tower for the installation, maintenance, and operation of Equipment as set forth in Exhibit B. 2003-0047-2B1mfldTowerLease.doc Page 2 of 11 §2. Term. 2.1. Article III of this Agreement shall commence on the date that the Tower ownership is transferred to the Municipality ("Commencement Date") and end on the fifteenth (15 th) anniversary of the Commencement Date. Upon expiration of the Initial Term, this Agreement may be renewed for three (3) additional terms of five (5) years each (Renewal Term), unless this Agreement is terminated earlier as provided in this Agreement, or the County provides written notice to the Municipality of its intent not to renew the Agreement. §3. Rent: 3.1. The County shall pay the Municipality, the sum of one dollar ($ 1.00) ("Base Rent") annually during the Initial Tenn and any Renewal Period of this Agreement, as rent for the Site. §4. Use of Site. 4.1. The County shall use the Site and/or Tower for the operation of Equipment, placement of a shelter, or as agreed to by the Parties in writing. 4.2. The County's use of the Site will comply with all applicable laws, regulations, rules, and ordinances. 4.3. The County and Municipality shall not install equipment or conduct operations on the Tower and/or Site in a manner which will prevent, obstruct, or interfere with the other Party's communication uses of the Tower and/or Site as set forth in this Agreement. 4.4. The Municipality may lease space on the Tower to third parties. §5. Installation, Alterations, Repairs and Maintenance of Equipment 5.1. The Equipment to be placed or installed at the Site is set forth in Exhibit B. 5.2. The County may replace used, broken, or obsolete Equipment with equipment that has similar physical dimensions, characteristics, and impact as the existing equipment, provided notice is given to Municipality before or within a reasonable time after should immediate repair or replacement be required. The County shall not install equipment in a manner that may adversely affect the physical and structural integrity and capacity of the Tower and/or Site as designed or that causes damage to Municipality's property. 5.3. Except as allowed in Section 5.2 above, the County shall not make any other alterations or improvements to the Tower and/or Site without Municipality's prior written consent, which shall not be unreasonably withheld. The Municipality shall not be required to consider any request by County' under this Section unless it is accompanied by detailed plans and specifications, which if approved, will amend the appropriate Exhibits to this Agreement. 5.4. Tenant shall be responsible for obtaining and paying for all governmental approvals, permits, and/or licenses necessary for the installation, alteration, repair, and maintenance of the Equipment. 5.5. The installation, alteration, repair, and maintenance of the Equipment shall be performed by the County in a workmanlike mariner (consistent with good construction and 2003-0047-1Blmf1dTowerLease.doc engineering practices) and shall be completed in compliance with all applicable laws, rules, ordinances, and regulations. Maintenance of the Equipment shall be performed by the County at least once annually. §6. Interference The Parties recognize the potential for broadcast and electronic interference inherent in multiple use of the Tower and the need to cooperate with each other to provide reliable public safety radio communications while preventing the occurrence of interference and promptly eliminating it if it occurs. 6.1. Each Party shall create and maintain a written record of the day, time, and nature of all equipment placed, or work performed on the Tower or Site, and of any changes or adjustments made in their operations. As between the Parties and without waiver of any exemption from public disclosure under the Freedom of Information Acts, such records shall be disclosed to the othef Party in eonnection with an Interference claim. 6.2. The Parties shall promptly notify the other of any Interference experienced with their respective broadcasting activities believed to be attributable to the other Party's activities including the date and time it was first experienced and a description of the Interference. 6.3. If Interference with either Party's broadcast activities or electronic equipment is caused by a change in the Municipality's or County's Equipment or operations from those which existed upon Commencement Date, the Parties will cooperate in taking reasonable steps to correct the condition causing the Interference, as provided in Section 6.4. 6.4. Claims regarding Interference and any disagreements regarding the existence and sources of Interference shall be resolved consistent with the following general principles or as may be otherwise agreed by the Parties. (i) Time is of the essence. (ii) Interference claims should be specifically described, and whenever possible, specify the alleged or potential sources and proposed or requested corrective measures. (iii) Parties alleged to be causing Interference shall voluntarily implement requested corrections if it is possible and it can be done without compromising public safety communications, consistent with their analysis of the claim. (iv) Parties causing or contributing to Interference shall be responsible for the cost n ni-; (v) Disputes regarding the existence and/or sources of claimed Interference shall be resolved, when necessary, by analysis and opinion of an independent expert, selected at random, from names submitted by the Parties involved in the dispute, with the cost of the independent expert to be paid pro rata by the Parties found to be causing or contributing to the Interference. 6.5. If Municipality licenses or leases space on the Tower to other entities (besides the County), such license or lease agreement shall contain a clause that states the other entity shall not cause Interference with the County's Equipment on the Tower and/or Site. The license or lease agreement between the Municipality and the other entity shall also include a clause that requires the other entity to correct any Interference that it might cause with 2003-0047-2BlinfidTowerLease.doc the County's Equipment immediately upon written notice by the County of such Interference. §7. Assignment and Subletting. 7.1. The County shall not assign this Agreement in whole or in part, or sublet all or any part of the Site without the Municipality's written consent. §8. Maintenance of Tower and Site. 8.1. To ensure physical and structural integrity, the Municipality shall, at its own expense, maintain the Site and the Tower (consistent with its design) in good working order, condition, and repair, and in compliance with all applicable laws, regulations, rules, and ordinances. The Municipality and the County shall keep the Site free of debris. §9. Access to Site. 9.1. The County shall have the right to access the Site twenty-four (24) hours a day, seven (7) days a week. - §10. Utilities. 10.1. The County shall provide the electric and other utility services, including emergency generator power, necessary for the operation of the Equipment and related equipment set forth in Exhibit B. §11. Quiet Enjoyment. 11.1. The County shall peaceably and quietly enjoy and hold the rights and the privileges granted under this Agreement without hindrance or interference by the Municipality. §12. Governmental Approvals. 12.1. This Agreement is contingent upon the County obtaining and maintaining all necessary governmental approvals, permits, and/or licenses that the County deems necessary and are required by law. If such approvals, permits, and/or licenses are not obtained or maintained, then the County may terminate this Agreement and proceed pursuant to Section 14. §13. Termination. 13.1. Termination by Municipality: Upon thirty (30) days written notice, the Municipality may terminate this Agreement if: (1) The County fails to use the site according to use set forth in Section 5, or (2) the County is in breach of the Agreement and has failed to cure the breach within sixty (60) days of receiving notice from Municipality that County is in breach. The notice from Municipality, setting forth the breach, shall sufficiently describe the breach so as to give the County enough information to cure such breach. 13.2. Termination by County: Upon ninety (90) days written notice, the County may terminate this Agreement if the County determines that this Agreement is no longer necessary for County purposes or for technological reasons. 13.3. Within ninety (90) days of termination, unless otherwise agreed to by the Parties, the County shall remove all public safety radio equipment and related equipment from the Tower and/or Site. 2003-0047-2B1mfldTowerLease.doc §14. Condemnation. 14.1. In the event the entire Land is taken by eminent domain, this Agreement shall terminate as of the date title to the Land vests in the condemning authority. In the event a portion of the Land is taken by eminent domain so as to materially hinder effective use of the Tower and/or Site by the County, either Party shall have the right to terminate this Agreement as of said date of title transfer, by giving thirty (30) days written notice to the other Party. In the event of any taking under the power of eminent domain, the County shall not be entitled to any portion of the reward paid for the taking and the Municipality shall receive full amount of such award. The County shall have the right to claim and recover from the condemning authority, but not from Municipality, such compensation as may be separately awarded or recoverable by County on account of any and all damage to the County and any costs or expenses incurred by the County in moving/removing its equipment, personal property, and leasehold improvements. §15. Damage or Destruction of Tower. 15.1. If the Tower or any portion of the Tower is destroyed or damaged so as to hinder the County's effective use of the Tower, the Municipality shall repair such damage or rebuild the Tower as soon as possible and restore the Tower to the same condition which existed immediately prior to the damage or destruction. If the Municipality fails or refuses to make the necessary repairs, the County shall have the right, at its discretion and after written notice to the Municipality, to repair or rebuild the destroyed or damaged Tower, with the reasonable costs to be paid by Municipality. §16. Liability. 16.1. 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. §17. Environmental Matters. 17.1. For purposes of this Agreement, "Hazardous Material" includes any hazardous, toxic or dangerous waste, substance or material as defined in the Comprehensive Environmental Response, Compensation, and Liability Act, or any other existing federal or state statute, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material. 17.2. Comity will not generate or store any hazardous material on or about the Site, unless approved by the Municipality. 17.3. The provisions of this Section shall survive the termination of this Agreement. §18. Insurance. 18.1. The County is self-insured with respect to general liability claims. The County has purchased a separate insurance policy for property claims. The Parties 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. 2003-0047-2/BlmildTowerLease.doc §19. Hold Over. 19.1. Any hold over after the expiration of this Agreement with the consent of the Municipality, shall be construed to be a tenancy from month to month and shall otherwise be for the term, and the conditions herein specified, so far as applicable. §20. Notices. 20.1. All notices, requests, demands, and other communications required by this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: To Municipality: With a copy to: To County: With a copy to: David Payne, Township Supervisor Charter Township of Bloomfield 4200 Telegraph Road Bloomfield Hills, 'MI 48303 William P. Hampton, Esq. Secrest, Wardle, Lynch, Hampton, Truex & Morley, PC 30903 Northwestern Hwy PO Box 3040 Farmington Hills, MI 48333-3040 CLEMIS Administrator, Department of Information Technology 1200 North Telegraph Road, Building 49 West Pontiac, MI 48341 Property Management Specialist Oakland County Department of Facilities Management 1 Public Works Drive Waterford, MI,48328 §21. Relationship of Parties. 21.1. Nothing contained in this Agreement shall be deemed or construed to create a relationship of principal and agent or of partnership or joint venture between the Parties hereto. §22. Headings. 22.1. The section headings used throughout this Agreement are provided for reader convenience only and shall not be controlling in the interpretation of this Agreement. §23. Entire Agreement 23.1. This Agreement constitutes the entire understanding between the Parties and supersedes all prior offers, negotiations, 'andfor agreements between the Parties relative to the subject matter addressed herein. The Parties represented that there are no understandings, representations, or promises of any kind, oral or written, that have been made by Municipality to induce the execution of this Agreement except those expressly set forth in this Agreement. 2003-0047-2/MmfldTowerLease.doc . „ §24. Invalid Provision .„ . . . 24.1. The invalidity or unenforcability of any sections or subsections of this Agreement shall not affect the validity or enforceability of the remainder of this Agreement or the remainder of any sections or subsections. This Agreement shall be construed in all respects . as if any invalid or unenforceable sections or subsections were omitted: §25. Governing Law and Venue 25.1. This Agreement 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 Agreement or any provision thereof shall only be instituted in the Oakland County Circuit Court, a District Court located in Oakland County, or the United States District Court for the Eastern District of Michigan, depending on the nature of the action, suit, or other proceeding. §26. Amendment 26.1. This Agreement may not be changed, modified, amended, or altered, except by an agreement in writing, signed by both Parties. §27. Succession 27.1. This Agreement is bindirig 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 Agreement during the time and to the extent that a Party is prevented from performing due to causes beyond such Party's control. Reasonable notice shall be given to the affected Party of any such event. §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 Agreement does not, and is not intended to, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of either Party. §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 —n-ler this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of the Agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this Agreement. 2003-0047-2BlinfidTowerLease.doc §32. Remedies Not Exclusive. 32.1. The rights, remedies, and benefits provided by this Agreement shall be cumulative, and shall not be exclusive of any other rights, remedies and benefits, or of any other rights, remedies, and benefits allowed by law. §33. Counterparts. 33.1. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. §34. Time is of the Essence. 34.1. Notwithstanding any of the conditions described in Section 28 (Force Majeure ), the County shall complete construction of the Tower on or before September 1, 2004. 2003-0047-2/BlinfldTowerLease.doc IN WITNESS WHEREOF, executes this Agreement on behalf of the Municipality and hereby accepts and binds the Municipality to the terms and conditions hereof on this day of Charter Township of Bloomfield, a Municipal Corporation By: Date: . WITNESS: By: Date: Subscribed and sworn to before me on the day of Notary Public, County, My Commission Expires: IN WITNESS WHEREOF, Thomas A. Law executes this Agreement on behalf of the COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of this Agreement on this 18th day of March, 2004. COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation By: Thomas A. Law, Chairperson Oakland County Board of Commissioners Date: WITNESS: BY: Michael D. Hughson Date: 2003-0047-2/131mfkiTowerLease.doc Subscribed and sworn to before me on the 18th day of March, 2004. Notary Public, Michael D. Hughson Oakland County, Michigan. My Commission Expires: 5/5/2004 2003-0047-2B1mildTowerLease.doc Page 1 1 of 11 EXHIBIT A - LEGAL DESCRIPTION All that part of the Southwest 1/4 of Section 16, Town 2 North, Range 10 East Bloomfield Township, Oakland County, Michigan, described as: Commencing at the West 1/4 corner of said Section 16; thence North 88°11'18" East 702.53 feet along the East-West 1/4 line of said Section 16; thence South 01 03042" East 1307.42 feet TO THE PLACE OF BEGINNING OF THIS DESCRIPTION; thence South 03°35'47" East 40.00 feet; thence South 86°24'13" West 30.00 feet; thence North 03°35'47" West 40.00 feet; thence North 86°24'13" East 30.00 feet to the place of beginning of this description. (1: RADIAN cac Oakland County Michigan OAKLAND COUNTY CLEMIS W C01.0 ▪ Eli ▪ fif 2 D - w d w g w --a E g ReASIONS A A ISSVE DAM ityneleonrwrt 12,17/6.317BASED LCC4TION 1/6104 FINAL DRAWINGS .13RAVYNS, CHECKED. ROI MY Van. SITE ILOCATION i" SITE LOCATION MAP 415 SCALE: NTS PROJECT INFO: 'GTE LOGA-1150, 4200 TELEGRAPH ROAD BLOOMDEUD,MIGHIGAN 48303 • 'PROPERTY OWNER: • BLOOMFIELD TOWNSHP„' 4200 TELEGRAPH ROAD 8LO0MFIEL13;'MIOHIGAN 48303 _CONTAcT:DAVE CRAIG - PHONE: 245'4317700 2C INFORMATION: CENTER OF LEASE PARCEL: LAT: 42° 34' 39.40• N LONG: 83° 17' 01.83. W GROUND ELEVATION: 912' PISS INFORMATION: SOUTHWEST 1/4 SECTION 16. T2N, RISE BLOOMFIELD TOWNSHIP OAKLAND COUNTY MICHIGAN &OM-1U. flit WAIF: - CALL MISS DIG SYSTEMS.INC. . 1.80040.7171 TOLL FREE DOW ALLOW LEAST 3 WORMING DAYS FOR NIAR/OND T-1 BLOOMFIELD POLICE DEPARTMENT BLOOMFIELD TOWNSHIP, MICHIGAN ENGINEER sEAL: .° 1116. 4,41mor arilMIEN /111111111111r 111111111111T 41111111111Krma 111'11110101 dlumbet 111111111Mir Aammisalr PERMIT DRAWINGS 240' TRIPOLE TOWER DECEMBER 2003 ,IPROJECT DIRECTORY: CLIENT: - RADIAN COMMUNICATIONS SERVICES CORP. 272613 'HAGGERTY ROAD • SUITE ITA.19 • 'FARMINGTON HILLS, MI 48331 :-"CONTACT- DAN PHIFER ..PHONE: 2483431059 . 'PROJECT SPONSOR OAKLAND COUNTY. CLEMIS PROJECT COUNTY SERVICE CENTER 1200 NORTH TELEGRAPH ROAD PONTIAC, MICHIGAN 48341-0421 - CONTACT: PATRICIA COATES PHONE: 248.452.9947 ENGINEER: , EDGE CONSULTING ENGINEERS, INC 624 WATER5TREET PRAIRIE DU SAC, WI 53578 CONTACT' KEN BAUMGARDT PHONE: 608.644.1449 FAK• 800079.1718 SURVEYOR: ' WILLIAMS & WORKS 459 OTTOWA AVE., NW. GRAND RAPIDS, MI 49053 CONTACT: RANDY KOLHOUSE PHONE: 616.224.1500 FAX: 616.224.1502 TO OBTAIN LOCATION OF PARTICIPANT, UNDERGROUND FACIMES BEFORE YOU DIG IN MICHIGAN SHEET INDEX: NO.: PAGE TITLE: T-1 TITLE SHEET S-1 SITE SURVEY * S-2 SITE SURVEY * C-1 SITE PLAN C-2 COMPOUND LAYOUT P-1 AERIAL PHOTOGRAPH A-1 ELEVATION * PREPARED BY OTHERS I HEREBY CERTIFY THAT THIS PLAN SET WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION FWD THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MICHIGAN. C FME CONSLCING 11NE SURVEYOR'S NOTE THE BOUNSARY OF THIS SURVEY IS ILLUSTRATE,/ FROM RECORD INFORMAT. AND IS APPROXIMATE. THE TOPOGRAPHICAL SURVEY FOR THIS MAP rms pERroamEo on OCTOBER 5. no3 NOT TO BE USE° AS CONSTRUCTION °RATINGS. ELEVATION DATLN ALL ELEVATIONS .ULE RASED ON NAGS BB DATUM. CONTOURS ARE ILLUS.ATE0 AT 1.0' INTERVALS; EMIT)ELEV 914.95 BOX GUT E. SlO6 CONCRETE BASE TO LIGHT POLE CIRCLE CE 3 UCHTS CENTER ISLAND IN NARKING LOT W. or DOSITHO TONER._ FLOOD PLAIN INFORMATION SE HAVE CONSULTED THE FEDERAL EMERGENC111,1ANAGEMENT AGENCY NATIONAL FLOM INSURANCE MAP AS PREPARE° FOR THE TOWNSHIP Cf BLOP.IFIELO, OAXIAND COUNTY. MICHIGAN, COMMUNITY PANEL NUMBER 260169 0003C DATED NOVEMBER 19. 1987, AND FIND THAT THE PROJECT SITE IS NOT DITHIN THE IOC: YEAR FLOCO ZON. BASIS OF BEARINGS UNTUDE AND LONGITUDE OF SITE REFERENCE POINT ARC BASED ON THE HARR (HIGH ACCURACY nflwo.0 ARUBA(1994) BEARINGS ARE BASE0 ON TRUE NORTH AS DETERMINED BY HAAN (HIGH ACCURACY REFERENCE NETWORK) NAM (ISBN) PROPRIETOR LEGAL DESCRIPTION I \ 1 STORY BRICK BLOC. 0881118E 702.53' b, w1/4 CON. SEC. 16. T2N. RI OE RITE NAME BLOOD I SITE NUMBER 1287 SITE ADDRESS 4200 TELEGRAPH RD. BLOOMFELD. PA 48303 FSHEET RILE 'S i 1 1 Williams &Works :111 I g ON g 8 E : VICINITY MAe N.T.S. Edge 3 MIMING DOS BEFORE YOU DIG CALL MSS DIG, 1-DOSH62'TIT1 clIVZ177;,°-.„ I P"'4,10.:11.4"53000 NO0.87N.ITIN loS I www.edneyonsult.carn Project manager Ken soum0rod, REVISIONS NO. DESCRIPDON I BATE 12/16/141 LAN.. A 0 40 80 SCALE IN FEET BLOOMFIELD TOWNSHIP 4200 TELEGRAPH RO. 'PROPOSED LEASE AREA BLOOMFIELD, MICHIGAN 4B303 I All tho1 port of the Southw.t 1/4 of Section 16. Town 2 North, Range 1u3 Ecal ElloomfgAd Townehip. Ooklond County. Miehlgon, descrIbed oe: CommencIng ot the West 1/4 corner of suId SPotion 16, thence North 08111113. Enet 70253 feet along the Coot-West 1 /4 line el sold Section 116; thence South 0130142- En. 1307.42 feet TO THE PLACE OF I BEGINNING OF THIS DESCRIPTION: thence Sou. 031S1471 East 40.00 feet: thence South 136124.131 West MOO feet, thence North 0335'47. West *0.001.91. thence North 86.24113. Et:A.30310 feet to the PI.. N, CLIENT: RAMAN COMMUNICATORS SERVICES CORP ATTN: DAN PHIFER 27260 HAGGERTY ROAD, SUITE AID FARMINGTON NIELS, 1,11 0331-3410 PHONE: 248.048.1059 PROJECT SPONSOR: OAKLAND COUNTY, CLEMIS PROJECT MIV170MIPE'LESERATPT ROA° 211PAn. 'P'ATIZA"CYAVS"' PHONE: .240.4639947 PROJECT DIRECTORY: ENGINEER: EDGE CONSULTING ENC/NEERS, ING 624, WATER STREET PRAIRIE OU SAC. WI 63570 GONTACT: KEN BAUMGAROT PHONE: 600644.1449 FAX: 800.679.171B SURVEY0F6 VALLIAMS 4: WORKS 549 OTTAWA AVE.. N.W. GRAND RAPIDS. MI 49053 CONTACT: RANDY KOLENOVSE PHONE: 616,224.1500 FAX: 616.224.1502 LEGAL DESCRIPTION PARENT POROEL T2N, RICE, SEC 16 PART OF SW 1/4 BEG GYRO MST 118415,00IE 504 FT rIt 50.2174100.E 1090 ET FROMI W 1/4 COT. TIN 56910300'E 926.38 FT. TN ALC CURVE TO LEE/. RED 5804.65 FT, CHORD BEARS S05127.01.E 50138 Ft DIST OF 516.45 FT. TN N8337.00"W 67.59 h. 171 S0117.30.W161.413 Pr:77EVFT.1i'I°°E rrFTT'ATTOET4r/1VRA17R;gWEVO. SEE TOWNSHIP. OAKLAND COUNTY. MICHIGAN. LEGAL DESCRIPTION PROPOSED 1140RESS/E6RESS-* UDUTY EASEMENT 'A 2000 foot wide easement In thot port 01 106 Southwest 1/401 'Section 16, Town 2 North, Ronge 10 East Bloomfield Township. Caktond :County. Michigen, the centerline of which described Gs: Commencing I the West 1/4 corner of Enid Section 1G, theneer North 88111'18. Feet :702.53 :Deng the Scet-Ifee1 1/4 Noe ot vole Secton 1.6; thttn Ca I Soulh 01130'421•Ecit 1307.42 feet: thence.South 0012031 We. 16.D0 kfhee.tncT.ONTrfhP,LAC.E,Orr BEGINNING OF THIS•CENTERUNE DES CR IPTION: 1‘.1.. OR Weet 46.26 feet. thane. Nor. 1703237. West 3'.r1 1142.00 1.0 ....Ahem, .901 91 IMF EN* D, &ND 0409 1.1 DS thence North 151000.1 Weet 46.26 fee, 'hence Henn 1703.77 Wee: 10100e of an., N 1Ns centellne 0e50erp,100. / -1" UNDERGROUND - - 1287 BLOOMFIELD PROPOSED 20.00' MBE INGRESS/EGRESS UTILITY 'EASEMENT E-W 1/4 LINE SECTION 16 LAWN EXETER ROAD z 4P-* RADIAN *s.410 ELECTRIC LINE. P.O.a. MEV WOE INGRESS/EGRESS/PE UTILITY EASEMENT ; BITUMINOUS P.O.B. MOD' WID INGRESS/EGRESS ifnury EASEMENT GENERATOR UNDERGROUND TbIr LAWN / L _-J • --PR '1 1" PROPOSES 240 HIGH TRI4POLE I' TOWER , / ALUM. BLDG. TO BE , / REMOVED 0 / "/ LATITUDE 42'34'39.40"N LONGITUDE 831701.83 PROPOSED 240' HIGH TRI -POLE TOWER GROUND ELEV. 912± CONCRETE ItLa.F.j5B.EA_0SSal) SCALE 1..201 02N" CENTER - SEC. 16, 120, RICE 0-‘) • - OUT POLE - EARLE Tv RISER 3'515' ELEC.( TRANS. s CFN: 4177 _ ,..:_______I LA.K.N. ,‘", J77.7_, 1.;,.•,_ "1. - S}IRUB . ' 0 -150K 4" PVC DOWN SPOUTS 1 STORY BRICK BLDG. MUNICIPAL BUILDING .4,(.. - PINE TREE "POLICE/EIRE - - - ELEC. METER & _ BOX EXISTING 196'* HIGH TOWER All =Is 60.0407 000,01 00 locations =able rocords.Ther s=17; n'ot rolaorpoteci to be exact location nor should II assumed timil 1007 005 lOB ony arPities in MO onto. SUPVC110:0. 13, ELEC. METERS (SPRINT, NEXTEL, AT&T) &‘IUMEN, M jc. ......... P/111111J. Kar HOU SE LAND SURVEYOR N 23/ ' . ....... • • BITUMINOUS 1710/01N-G DOCK -77 7 ;7 7 7 77 E MLD • - xxLL - AC LOOT =. 'HI GHWAY n - LLD. CRAW MARKER 9 - MONUMENT - FIRE HYDRANT - MONUMENT BOX 0 - WATER VALVE • 0 - CAS VALVE " WAY MAM"R 0 - UST FILL PORT O - SET WOOOSTAKE - GAS PUMP GUT - XCUT - CAS METER O - FOUND IRON STAKE - WATER METER - SET Ron sTAKE 1:10 - TELEPHONE RISER - mon p - ELECTRIC METER CAIN 10/06/p RANDY 3. KOL OUSE P.S. 25854 110,103079.011 - GUY ANCHOR - CATCH BASIN -o- - UTILITY POLE 9 - ROUND CATCH BASIN - UGHT POLE 0 - UTILITY MANHOLE - POST 0 - STORM MANHOLE ▪ - 0.0 UTILITY MARKER 0 - SANITARY MANHOLE - HANDICAP C) - ELECTRIC MANHOLE 0 - TELEPHONE MANHOLE ® _ WATER 140111110LE - RATER unur. UNE - TELEPHONE MILT, LINE - - ELECTRIC COW,' USE - - GAS UTILITY LINE - - STORM UTILITY LINE - SANITARY UTILITY UNE - - TIBER 01110 UTLIIV ONE - - OVERHEAD UTILITY UNE 0, W... Oakland County ichigon OAKLAND MINTY CLEANS BLOOMFIELD 12137 AT Survey Prepared reN VICINITY N.T.S Edge C: RADIAN etOakland County Michigan mum° COUNTY CLEANS BLOOMFIELD 1287 06' 0 100 200 65W! SCALE II FEET Canwiting EM,A01,, 624 Rote, SVeal Praile du Sae. WI 53576 608.644.1448 mdre BDO.82141718 NO NNINNOgocenfult.turn REVISIONS NO. DESCRIPTION DATE MA3P1 EXETER ROAD 926± -PROPOSED 20.00' WIDE I INGRESS/EGRESS & UTILITY 1 EASEMENT I I . :01 PA Ni 223± PROPOSED _240'. HIGH 101-POLE TOWER 726± cc Lii ,21 0 I SITE NUMBER 1287 SITE ADDRESS 4200 TELEGRAPH RD. BLOOMFIELD, M 48303 92r± COPPERWOOD DR. 1287 BLOOMFIELD ........... B I SITE NAME BLOOMFIELD 1 I SHEET THLE S2 OAtE n0/06/03 RANDY J. KOEHOUSE P.S. 25854 surortruto.s./Nm. UPDATE: WaM01060 OINO NY RAN. PROEM' NO.:103029.012 _ — EXETER ROAD / / / _ EXISTING MUNICIPAL BUILDING REVZIONS NCL I DAM I FM I nnn siLE 0Ans ID/ IMRE PERMIT IRA INS 790 SELFSUPPORL TOWER DISIANCES TO NEAREST LOT UNE LIMM CENTER LINE OF TOWER 12/17,(131.15(CI LIEC9ION 01..44114t, EXISTING MUNICIPAL BUILDING NORTH. 230...1- SaUDI 42.6../- EPS, 728 +1- WEST 223' +/- OVUM OF AlUMINUNI SHED TO B.EMOVED DRAWN BM MCI DAM 1161203, FILE NAME: 19 1==d7rmat tnI s Er Nummi C-1 !A- I .. .. 4 ..... ) 1 COMPOUND PLAN BLOOMFIELD. . BLOOMFIELD, MICHIGAN bai Edge Con...Icing Eng, , 629 Water Street 751 daA4tW9 Ct 000.879.1718 rot www.adgecontult.corn g 6,1FEL RISE 4 4 I ; X , 1 t---- ,t \ , tt .1 I i • \ t , k \ \-11 .1 \ X ,t \ \I ',\ t SS IT t tt AERIAL PHOTOGRAPH Edge Crig..er... BLOOMFIELD:13 XL BLOOMFIELD, MICHIGAN 01:86043800vOlcs et0.879.1718. www.elpealneultt.rn PROF0.01.1.1.1m3 P.M HAWN LIPPING PEP MA PPM... 0 i ,PS i MI IgigEg 10 I 1 ! 3 7=1 sw•y,„,-\\N • b,7 i il 1 ra GM VA 11 O CP/PP APE.CW/ IV)P VW .._,../.--------'-'''' -\ LI. POMP PROPS. NVI.. POWIDAPOI.S51.0.1 APE WPICA Al.110 NOT REPRESENT ACTUW COMM. 0 .....-...- C0/1/1.W.C., TO Pr FP PEPP/ W.V.. ON Of In --.."--- PK.. PUTIPE CAPP FP PIPPPNA MP PRO.I.VAPP.PII AL PPITEMA PCIPPIPS TO HP MOM.. NOWA r.1 I Ne 0 4 MN 1 . 0 I- 0 - . a u >D 2' 111 -I III IL -1 2 w I 33 CC o E. O E W .., mi 03 8 0 ....-1 /POPO. 2.10 M., TOWEL P A i; 0 0 n PA 1111 z 1 1 A A 1 A 1 011114 A A i B.O./ A 0/16/03 PEA. OPPWP. 1.7.1....C.OPP/ e _,==r, I WM MA OPAPPICP PROP.E0 .1101, 10 1.101. P COMM/ 1011"111 PROPC.A.10WV 00/6/101) P:=Ir:;IIr' - \ PCP C.... 1/1.01 CIPIP -0,- Impa. 44oxcr4unretm 1 I. I 2 TOWER PROFILE [WEST ELEVATION] KVA. / Alt10 SCALEI / / X17 11 = 30 - P. 22034 1' = 15 A-1 _____ . IMF CVVILIWO DINH. PIC 1 FISCAL NOTE (M.R. #04059) March 18, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF BLOOMFIELD FOR THE NEW COUNTYWIDE RADIO SYSTEM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Board of Commissioners, pursuant to MCL 484.1401 and Miscellaneous Resolution #99279, authorized the levy of a four (4.1,-) percent emergency telephone operational Charge to pay for a new County-wide radio system, including construction of towers, lease of land, and/or lease of space on towers at sites throughout the County. 2. The resolution approves and authorizes a construction license and lease agreement between the County of Oakland and the Charter Township of Bloomfield. 3. Under terms of the construction license and lease agreement, the County will construct a radio tower, equipment shelter and install a generator for the County- wide radio system at County expense on land provided by the Township. 4. The County will sell the tower, shelter and generator to the Charter Township of Bloomfield for one ($1) upon completion and the Township will lease space on the tower to the County for one ($1) per year. 5. Operation and maintenance of the tower, shelter, and generator will be the responsibility of the Township. 6. The initial term of the lease is 15 years with three renewable five-year terms. 7. No budget amendment is required. FINANCE COMMITTEE ZV FINANCE COMMITTEE Motion carried unanimously on a roll call vote. 9 Resolution #04059 March 4, 2004 The Chairperson referred the resolution to the Finance Committee. There were no objections. 12,2- /0(-7 G7William Caddell, County Clerk Resolution #04059 March 18, 2004 Moved by Crawford supported by Hatchett the resolutions on the Consent Agenda, be adopted (with accompanying reports being accepted). Discussion followed. Vote on resolutions on the Consent Agenda: AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, Kowell, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). ea* I HEREBY APPROVE THE FOREGOING RESOOTION 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 March 18, 2004 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 18th day of March, 2004.