HomeMy WebLinkAboutResolutions - 2004.03.04 - 27567Resolution #04032 February 5, 2004
February 5, 2004
MISCELLANEOUS RESOLUTION #04032
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 TOWNSHIP OF GROVELAND
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 tower located at 4695 Grange Hall Road, Holly, Michigan; the County will sell the tower to
Groveland Township 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 Groveland Township.
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 Groveland Township, 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
The Chairperson referred the resolution to the Finance Committee. There were no objections.
CONSTRUCTION LICENSE &
LEASE AGREEMENT
This Construction License and Lease Agreement ("Agreement") entered into this fourth day of March,
2004, by the County of Oakland, a municipal and constitutional corporation located at 1200 North
Telegraph Road, Pontiac, MI 48341, acting by and through its Department of Information Technology
("County"), and Groveland Township, a Michigan municipal corporation located at 4695 Grange Hall
Road, Holly, MI 48442 ("Municipality").
BACKGROUND
A. Municipality is the owner in fee simple of a parcel of land located at 4695 Grange Hall Road,
Holly, ME 48442, whose legal description is set forth in Exhibit A ("the Land").
B. County desires to construct and/or install a one hundred eighty five (185') foot high monopole
communications tower ("Tower") on the Land, together with an adjacent radio equipment shelter
and a 35 KW emergency generator to operate a County-wide public safety radio system.
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 and on the Land for the County's public safety radio equipment.
D. Once the Tower ownership is transferred to the Municipality, the Municipality may co-locate
antennae and other communication devises on the Tower, and may also sublease co-location sites
on the Tower, provided no interference shall occur with the County's equipment.
E. In consideration of the mutual covenants contained in this Agreement, the Parties agree to the
following terms and conditions.
ARTICLE I — DEFINITIONS
I. "Agreement" shall mean this Construction License and Lease Agreement including Articles I, II,
and III and all exhibits attached hereto and made a part hereof, and as may be amended in writing
signed by both parties.
2. "Commencement Date" shall mean the date that Tower ownership is transferred by written
document to the Municipality.
3. "Day" shall mean calendar day, unless otherwise specified in this Agreement.
4. "Equipment" shall mean all County public safety radio equipment and related equipment either on
the Tower or in the radio equipment shelter erected by the County on the Site, as 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.
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6. "Land" shall mean the legal description of parcel of land as set forth in Exhibit A, which is located
at 4695 Grange Hall Road, Holly, MI 48442.
7. "Site" shall mean the vertical space on the Tower and space on the Land for the placement of a
shelter and generator.
8. "Tower" shall mean the one hundred eighty five (185') foot high monopole communications
tower constructed by the County pursuant to Exhibit B and Exhibit C.
ARTICLE II- TOWER CONSTRUCTION LICENSE
1. License. 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 and/or install
the Tower, shelter, and generator in the location and manner depicted and described in
Exhibit B.
2. Construction plans. Prior to commencing construction, the County shall submit all
plans for construction of the Tower, shelter, and generator 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, shelter
and generator pursuant to Exhibit B. The governmental approvals, permits and/or licenses
issued by the Municipality shall become Exhibit C to this Agreement.
3. Construction expense. Construction and installation of the Tower, shelter and generator
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. Construction activities. 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.
5. Restoration. Immediately after completion of the Tower and installation of the shelter
and generator, all areas of the Land that were disrupted or disturbed shall be restored by the
County to a condition that was as good as what existed prior to commencement of
construction.
6. Bond. The County shall require its contractor to provide a Performance Bond in the
amount of 100% of the Tower construction costs.
7. Transfer of ownership. 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 same shall be transferred by the County to the Municipality in a written document,
which the Municipality shall accept upon determining that the Tower and related work has
been satisfactorily completed.
8. Non-Completion. If for any reason, construction of the Tower is not completed by the
County and upon written request of the Municipality, the County shall remove that portion of
the Tower that was completed and restore all areas of the Land that were disrupted or
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disturbed to a condition that was as good as what existed prior to commencement of
construction, or the Municipality may complete construction of the Tower in which case any
work completed by the County shall become the property of the Municipality without any
payment or other .obligation.
ARTICLE III - LEASE AGREEMENT
I. 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 the
Equipment; and space on the Land for placement of a shelter and 35 KW generator.
2. Term.
Article III of this Agreement shall commence on the Commencement Date, and end on the
fifteenth (15 E) anniversary of the Commencement Date ("Initial Term"). 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.
The County shall pay the Municipality, the sum of one dollar ($ 1.00) ("Base Rent") annually
during the Initial Term and any Renewal Term of this Agreement, as rent for the Site.
4. Non-Exclusive Use of Site.
4.1 The County shall use the Tower and/or Site for the operation of Equipment, for
placement of a shelter and generator, or as may otherwise be 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 Municipality and/or its sub-lessee's may also use the Tower to co-locate
antennae's and/or other communication devices, and/or use the Site, which use shall not
unreasonably interfere with the use of the Tower or Site by the County.
4.4 The County and Municipality and/or its sub-lessee's 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.
5. Installation, Alterations, Repairs, and Maintenance of Equipment.
5.1 The Equipment to be placed or installed at the Site by the County is set forth in
Exhibit D.
5.2 The County may replace its used, broken, or obsolete Equipment with equipment that
has similar physical dimensions, characteristics, and impact as the existing equipment, provided
notice is given to Municipality before or within a reasonable time after replacement. The
County shall not install its 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
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Municipality's property or the Land. The County shall not unreasonably disturb antennae or
other equipment installed at the Site by the Municipality and/or its sublessees.
5.3 Except as allowed in Section 5.2 above, the County shall not make any other
alterations or improvements to the Tower and/or Site without Municipality's prior written
consent, which shall not be unreasonably withheld. The Municipality shall not be required to
consider any request by County under this Section unless it is accompanied by detailed plans and
specifications, which if approved, will amend the appropriate Exhibits to this Agreement.
5.4 County shall be responsible for obtaining and paying for all governmental approvals,
permits, and/or licenses necessary for the installation, alteration, repair, and maintenance of the
Equipment, except as may be expressly waived herein.
5.5 The installation, alteration, repair, and maintenance of the Equipment shall be
performed by the County or its employees and agents in a workmanlike manner (consistent with
good construction and engineering practices) and shall be completed in compliance with all
applicable laws, rules, ordinances, and regulations.
6. Interference.
The Parties recognize the potential for broadcast and electronic interference inherent in multiple
uses of the Tower and the need to cooperate with each other to provide reliable public safety
radio communications while preventing the occurrence of interference and promptly eliminating
it if it occurs.
6.1 Each Party shall create and maintain a written record of the day, time, and nature of all
Equipment placed, or work performed on the Tower or Site, and of any changes or adjustments
made in their operations. As between the Parties and without waiver of any exemption from
public disclosure under the Freedom of Information Acts, such records shall be disclosed to the
other Party in connection with an Interference claim.
6.2 The Parties shall promptly notify the other of any Interference experienced with their
respective broadcasting activities believed to be attributable to the other Party's activities
including the date and time it was first experienced and a description of the Interference.
6.3 If Interference with either Party's broadcast activities or electronic equipment is
caused by a change in the Municipality's or County's Equipment or operations from those which
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.
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(iv) Parties causing or contributing to Interference shall be responsible for the cost
of correction.
(v) Disputes regarding the existence and/or sources of claimed Interference shall
be resolved, when necessary, by analysis and opinion of an independent
expert, selected at random, from names submitted by the Parties involved in •
the dispute, with the cost of the independent expert to be paid pro rata by the
Parties found to be causing or contributing to the Interference.
6.5 If Municipality licenses or leases space on the Tower to other entities (besides the
County), such license or lease agreement shall contain a clause that states the other entity shall
not cause Interference with the County's Equipment on the Tower and/or Site. The license or
lease agreement between the Municipality and the other entity shall also include a clause that
requires the other entity to correct any Interference that it might cause with the County's
Equipment immediately upon written notice by the County of such Interference.
7. 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 Tower and/or Site without the Municipality's written consent.
7.2 The Municipality is expressly authorized to assign or sublease, in whole or in part, all
or any part of the Tower and/or Site without the County's consent at any time during the Initial
Term and/or any Renewal Term. Provided, however, that any assignee or sub-lessee of the
Municipality shall be bound by this Agreement.
8. Maintenance of Tower and Site.
To ensure the physical and structural integrity of the Tower and Site, the Municipality shall,
subject to the provisions of Section 15 herein, maintain the Tower and Site (consistent with its
design) in good working order, condition, and repair, and in compliance with all applicable laws,
regulations, rules, and ordinances (if any), at its own expense. The Municipality and the County
shall together keep the Tower and Site free of debris.
9. Access to Site.
The County, the Municipality, and/or its assignees or sub-lessees shall have the right to access
the Tower and 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 necessary for the
operation of its Equipment.
10.2 The County shall provide, install and maintain on the Site, at its sole and exclusive
expense, a 35 KW emergency generator. The Municipality may use any excess capacity of the
emergency generator, after the County utilizes the generator for its Equipment. The County
shall route all utilities, including the emergency vnerator, to the Municipality's building. The
location of the connection shall be pursuant to Exhibit B.
11. Quiet Enjoyment.
The parties shall peaceably and quietly enjoy and hold the rights and the privileges granted under
this Agreement without hindrance or interference by the other.
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12. Governmental Approvals.
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 13.
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 Tower and 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 infonnation 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 Equipment from the Tower and/or Site.
• 14. Condemnation.
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 and/or Site, or any portion of the same, are destroyed or damaged so as to
hinder the County's effective use of the Tower, the Municipality shall repair such damage or
rebuild as required as soon as possible and restore the Tower and Site 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.
15.2 Notwithstanding the foregoing in section 15.1, the Municipality shall have no
obligation to repair, rebuild and/or pay for any act of misuse, intentional misconduct, vandalism
or other acts upon the Tower and/or Site by any agents or employees of the County. In such
event, the County shall immediately make all necessary repairs to the Tower and/or Site at its
own cost and expense, or reimburse the Municipality as appropriate.
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16. Liability.
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 County will not generate or store any hazardous material on or about the Tower or
Site, unless approved by the Municipality.
17.3 The provisions of this Section shall survive the termination of this Agreement.
18. Insurance.
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.
19. Hold Over.
Any hold over after the expiration of this Agreement, and with the express written consent of the
Municipality, shall be construed to be a tenancy from month to month, with all other terms and
conditions of this Agreement remaining in full force and effect, so far as applicable.
20. Notices.
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:
Robert DePalma,
Groveland Township Supervisor
4695 Grange Hall Road
Holly, MI 48442
With a copy to:
Williams, Williams, Ruby & Plunkett, P.C.
380 N. Old Woodward Ave, Suite 300
Birmingham, MI 48009
Attn: William E. Hosier, Esq.
To County; CLEM1S Administrator, Department of Information Technology
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1200 North Telegraph Road, Building 49 West
Pontiac, MI 48341
With a copy to: Property Management Specialist
Oakland County Department of Facilities Management
1 Public Works Drive
Waterford, MI 48328
21. Relationship of Parties.
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. -
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.
This Agreement constitutes the entire understanding between the Parties and supersedes all prior
offers, negotiations, and/or agreements between the Parties relative to the subject matter
addressed herein. The Parties represented that there are no understandings, representations, or
promises of any kind, oral or written, that have been made by Municipality to induce the
execution of this Agreement except those expressly set forth in this Agreement.
24. Invalid Provision.
The invalidity or unenforceability 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.
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.
This Agreement may not be changed, modified, amended, or altered, except by an agreement in
writing, signed by both Parties.
27. Succession.
This Agreement is binding upon the Parties and shall be binding upon their successive heirs,
representatives, administrators, successors, employees, agents, subcontractors, and assigns.
28. Force Majeure.
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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. •
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.
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.
Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any right or
remedy under this Agreement shall constitute a waiver of those rights with regard to any existing
or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this
Agreement, whether by conduct or otherwise, in one or More instances, shall be deemed or
construed as a continuing waiver of any term, condition, or provision of the Agreement. No
waiver by either Party shall subsequently affect its right to require strict performance of this
Agreement.
32. Remedies Not Exclusive.
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.
This Agreement may be executed in several counterparts, each of which shall be an original and
all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, 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 ,2004.
Groveland Township, a Municipal Corporation
By:
Its:
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Date:
WITNESS:
By:
Date:
Subscribed and sworn to before me
on the day of , 2004.
Notary Public,
County,
My Commission Expires:
IN WITNESS WHEREOF, executes this Agreement on behalf of the
COUNTY OF OAKLAND and hereby accepts and binds the COUNTY OF OAKLAND to the terms
and conditions of this Agreement on this day of , 2004.
COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation
By:
Thomas A. Law, Chairperson
Oakland County Board of Commissioners
Date:
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WITNESS:
BY:_
Date:
Subscribed and sworn to before me
on the day of , 2004
Notary Public,
County, Michigan.
My Commission Expires:
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2003-0798-05,GrovelandTowerLease.doc
EXHIBIT A----LEGAL DESCRIPTION
All that part of the Northeast 1/4 of Section 21, Town 5 North, Range 8 East, Groveland
Township, Oakland County, Michigan, described as: Commencing at the Northeast
corner of Section 21; thence South 88'09'07" West 1073.98 feet along the North line of
Section 21; thence South 02°05'26" East 265.41 feet to THE PLACE BEGINNING OF
THIS DESCRIPTION; thence continuing South 02 005'26" East 40.00 feet; thence South
87°54'34" West 40.00 feet; thence North 02°0526" West 40.00; thence North 87°54'34"
East 40.00 feet to the place of beginning. Part of parcel no. 02-21-200-001.
IMPOSED 312LIAGELIKE4OPOLE
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Purple = County owned site being reused
Green = New Construction
• n
Resolution #04032 February 5, 2004
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. 104032) March 4, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR APPROVAL OF
CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE TOWNSHIP OF GROVELAND
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%) 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 Groveland Township.
3. Under the construction license and lease agreement, the
County will construct a tower, equipment shelter, and
install a generator for the County-wide radio system in
Holly, Michigan on land provided by the Township.
4. The County will sell the tower to Groveland Township for
one ($1) upon completion and Groveland Township will lease
the County space on the tower 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
.4`-ed;
FINANCE COMMITTEE: Motion carried unanimously on a roll call vote with
Palmer and Long absent.
G. William Caddell, County Clerk
REMO
Resolution #04032 March 4, 2004
Moved by Long supported by Coleman 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, Middleton, Moffitt, Moss, Palmer, Patterson, Rogers, Scott, Suarez, Wilson,
Zack, Bullard. (23)
NAYS: None.
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
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 4, 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 4th day of March, 2004.