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HomeMy WebLinkAboutResolutions - 2004.03.04 - 275681• February 5, 2004 MISCELLANEOUS RESOLUTION # 04033 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 WHITE LAKE 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 the tower, install radio equipment and remove two existing radio .towers located at 7525 Highland Road, White Lake, Michigan; the County will sell the tower to the Charter Township of White Lake 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 White Lake. . 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 White Lake, 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 Resolution #04033 February 5, 2004 The Chairperson referred the resolution to the Finance Committee. There were no objections. CONSTRUCTION LICENSE AND LEASE AGREEMENT This AGREEMENT ("Agreement") entered into this 4th 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 Charter Township of White Lake, a municipal corporation located at 7525 Highland Road, White Lake, Michigan 48383 ("Municipality"). BACKGROUND A. Municipality is the owner in fee simple of a parcel of land located at 7525 Highland Road, White Lake, Michigan 48383, whose legal description is set forth in Exhibit A ("the Land"). B. County desires to construct a one hundred and eighty-five (185) foot high monopole 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 and in the Municipality's garage for placement of 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 1, II, and III and all exhibits attached to this Agreement. 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 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 would 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 7525 Highland Road, White Lake, Michigan 48383. 7. "Site" shall mean the vertical space on the Tower leased to the County and the space in the Municipality's garage leased to the County. 8. "Tower" shall mean the one hundred and eighty-five (185) foot high monopole tower constructed by the County pursuant to Exhibits B and C. WhtLalceTowerLease.doc Page 1 of 10 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. The County shall also remove two towers from the Land as 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. 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. 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 condition that was as good as what existed prior to commencement of construction. 6. The County shall require its contractor to provide a Performance Bond in the amount of 100% of the Tower construction costs. 7. 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, which the Municipality shall accept upon determining that the Tower and related work has been satisfactorily completed. 8. 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 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; and space in the Municipality's garage for location of Equipment. WhtLakeTowerLease.doc Page 2 of 10 §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 Term 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 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. §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 replacement. 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 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. WhtLakeTowerLease.doc Page 3 of 10 §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 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. (iv) Parties causing or contributing to Interference shall be responsible for the cost of correction. Disputes regarding the existence and/or sources of claimed Interference shall be resolved, when necessary, by analysis and opinion of an independent expert (with expertise in Interference issues), selected at random, from two names submitted by each party 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 Sublettin_g. WhtLakeTowerLease.doe (v) Page 4 of 10 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 necessary for the operation of the Equipment. The Municipality shall allow the County to connect its Equipment to the Municipality's generator located at the Site and use the Municipality's generator when the electric and utility services fail to operate the Equipment. §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 nec,essary 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 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 Equipment from the Tower and/or Site and reasonably restore the Tower and/or Site to its original condition (normal wear and tear excepted). WhtLakeTowerLease.doc Page 5 of 10 §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. Notwithstanding the previous sentence, if the Municipality does not repair or rebuild the Tower within 90 days of the destruction or damage, the County shall have the right, at its discretion, 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. County 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. §19. Hold Over. WhtLakeTowerLease.doc Page 6 of 10 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: Township Supervisor Charter Township of White Lake 7525 Highland Road White Lake, Michigan 48383 To County: CLEMIS Administrator, Department of Information Technology 1200 North Telegraph Road, Building 49 West Pontiac, MI 48341 With a copy to: Property Management Specialist Oakland County Department of Facilities Management 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, 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 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. WhtLakeTowerLease.doe Page 7 of 10 §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 binding upon the Parties and shall be binding upon their successive heirs, representatives, administrators, successors, subcontractors, and assigns. §28. Force Majeure 28.1. Each Party shall be excused from any obligations under this 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 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 effect its right to require strict performance of this Agreement. §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. WhtLakeTowerLease.doc Page 8 of 10 §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. 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 THE CHARTER TOWNSHIP OF WHITE LAKE a Municipal Corporation By: Date: WITNESS: By: Date: Subscribed and sworn to before me on the day of Notary Public, County, My Commission Expires: WhtLakeTowerLease.doc Page 9 of 10 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 , 200 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: WhtLakeTowerLease.doc Page 10 of 10 EXHIBIT A LEGAL DESCRIPTION All that part of the Northeast 1/4 of Section 21, Town 3 North, Range 8 East, White Lake Township, Oakland County, Michigan, described as; Commencing at the North 1/4 corner of said Section 21; thence South 02°20'18" East 2350.45 feet along the North-South 1/4 lines; thence North 88°13'36" East 365.21 feet TO THE PLACE OF BEGINNING OF THIS DESCRIPTION; thence North 88°13'36" East 20.00 feet; thence South 01°46'24" East 10.00 feet; thence South 88°13'36" West 20.00 feet; thence North 01°46'24" West 10.00 feet to the place of beginning of this description. Part of Parcel No. 12-21-251-027. RADIAN re Oakland County Michigan OAKLAND COUNTY CLEWS SITE LOCATION " CLIENT, RADIAN COMMUNICATIONS SERVICES CORP 27260 HAGGERTY ROAD SUITE NAIR FARMNGION M CONTACT: DAN PHIER PHONE 21884121089 PROJECT SPCNSOR: OANLANO COUNTY. ORM PROJECT COUNTY SFRARCE CENTER 1200 NORM TELEGRAPH ROAD PONTIAC MICHIGAN MID D421 CONTACT. PATRICIA COMES PHONE 20.462.4812 SITE LOCATON. 7522 HIGHLAND ROAD WHITE IAKE MICNAGAN PROPITAY CINTIESt WHITEtAKE TOWNSHIP 7526 HIGHLAND ROAD WHITE LAkE. MICHIGAN CONTACT: U. RION MITCHELL PHONE: 249.6911.4.00 ' PREPARED BY OTHERS AL: I HERESY CERTIFY THAT DRS PLAN SET WAS PREPARED SY ME OR UNCER MY DIRECT SUPERMS/ON AND THAT AM A DAV LICENSED PROFESSIONAL ENGINEER 190E9 1HE LAWS OE THE STATE OF MICHIO.A.H. StrOMat rAll 01111 SYSTUALINC 10511443-711711 1011 .11 Do. WHITE LAKE POLICE DEPARTMENT WHITE LAKE, MICHIGAN PERMIT DRAWINGS 185 MONOPOLE SEPTEMBER 2003 PROJECT DIRECTORY: PROJECT INFO: SHEET INDEX: NO.: PAGE TITLE: T-1 TITLE SHEET S-1 SITE SURVEY " C-1 SITE PLAN C-2 COMPOUND LAYOUT P-1 AERIAL PHOTOGRAPH 2c INFORMATION A-1 ELEVATION CENTER Of LEASE PARCEL LAP. 479 37 N /ONG 8.3' 3f2 W ENGINEER EDGE CONSULTING. ENGLNEERS. INC 621 WATER STREET MARE DU SAGAMI 53578 OONILACT: KEN ISADMGARDE P-IONS 608124.1839 11121/ 4481879.11/8 SURVEYOR: WILLIA,AIS WORKS ASO CTTOWA AVE.. NW. GRAND PAPICS. MI 119013 CONTACT AMIN KOLHOUSS RHONE: 616221.1900 1289.6112334.1832 GROUND ELEVATIOM 978 PISS INFORMATION: NORWAST I /1 3120108 121. UN, RIM 912412 1.888 ICANAISHIP OAKLAND COUNTY MICHIGAN OBIA.Y.00ADONA. IYAIICAWAY 82OS1801.0 WACIAIB WOW •1011 DO If Maga. SITE LOCATION MAP — SCALL /41 AlITY MIAMI 31ASNIPS1041 IMA11.4 BITUMINOUS PARKINC LOT Hi:1 IA =iv -,1 1 ! ii ii ii N 1 ei gt g '' x .4 ,k el / 1 r IV 4' 1 I h ;A A5 9; I I; isg Nfhp . 4 i ,. 0..f. 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AocreatOSSu 1.1.111.. Rea TOWER ELEVATION' WHITE LAKE TOWNSHIP OFFICES WHITE LAKE, MICHIGAN Edge 441,1emorei soma ...IA. WI el014H.12141. www.Malasas.C. r .1 g KmAA.CodAASAA.AAL.AA roaa0.3v..1 *fa. eat MICALAre COMO, WORMY. c.171110M u_almaCy. IUSf Nu non 1.1.11.161INCUICI AU ANN.+ bt MIMI las ob. mummuta.kmasult.sl- TOWER PROFILE (EAST ELEVATION1 A-1 1 2/1436. - I' -• 10' • • • • • Oakland Radio Sites • • • • • Blue = Co-location on existing structure Purple = County owned site being reused Green = New Construction 11, Resolution #04033 February 5, 2004 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. 104033) 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 CHARTER TOWNSHIP OF WHITE LAKE 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 the Charter Township of White Lake. 3. Under the construction license and lease agreement, the County will construct a tower and install radio equipment for the County-wide radio system, and remove two existing towers on land owned by the Township. 4. The County will sell the tower to White Lake Township for one ($1) upon completion and White Lake Township will lease the County space on the tower for one ($1) per year. 5. Operation and maintenance of the tower 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 C(7-1- C/r 4ted- FINANCE COMMITTEE: Motion carried unanimously on a roll call vote with Palmer and Long absent. G. William Caddell, County Clerk Resolution #04033 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). I HENRY APPROVE TIE FROM RESOWTION 3h I Ocl 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 tha,County of Oakland at Pontiac, Michigan this 4th day of March, 2004.