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HomeMy WebLinkAboutResolutions - 2004.05.20 - 27586MISCELLANEOUS RESOLUTION # 04116 May 6, 2004 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 CITY OF BIRMINGHAM 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 terms and conditions of the attached Construction License and Lease Agreement, the County will construct the tower at 2666 West 14 Mile Road, Birmingham, Michigan. Upon completion of construction of the tower the County will sell the tower to the City of Birmingham for one ($1) dollar, and the City 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 for radio tower construction and lease purposes between the County of Oakland and the City of Birmingham. 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 City of Birmingham, 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 CONSTRUCTION LICENSE AND LEASE AGREEMENT This AGREEMENT ("Agreement") entered into this 20th day of May 2004, by the County of Oakland, a municipal and constitutional corporation located at 1200 North Telegraph Road, Pontiac, ME 48341, acting by and through its Department of Information Technology ("County") and the City of Birmingham, a municipal corporation located at 151 Martin Street, Birmingham, MI 48012 ("Municipality"). BACKGROUND A. Municipality is the owner in fee simple of a parcel of land located at 2666 W. 14 Mile Road, Birmingham ME 48009, whose legal description is set forth in Exhibit A ("the Land"). B. County is a municipal and constitutional corporation desiring to construct an one hundred and eighty (180) 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 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. "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 2666 W. 14 Mile Road, Birmingham MI 48009. 7. "Site" shall mean the vertical space on the Tower and space on the Land for the placement of an equipment shelter and generator. 8. "Tower" shall mean the one hundred and eighty (180) foot high monopole tower constructed by the County pursuant to Exhibits B and C. 2003-0798-08-Draft 1.doc Pule 1 of 10 ARTICLE II- TOWER CONSTRUCTION LICENSE I. 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. 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 III - 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 on the Land for the placement of an equipment shelter and generator. §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 2003-0798-08-Draft I .doc Page 2 of 10 (15th) 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 (S 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, placement of an equipment shelter and generator, 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 Eouipm-ilt 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. §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 2003-0798-08-Dra1t 1.doc Pa;_,,e 3 of 10 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, 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 Site without the Municipality's written consent. 2003-0798-08-Dra1t 1.doc (v) Page 4 of 10 §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. §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 2003-0798-08-Draft 1.doc Page 5 of 10 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, 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 haz rdous, 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. 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. 2003-0798-08-Draft 1.doc Page 6 of 10 §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: 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. §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 2003-0798-08-Draft l.doe CLEMES Administrator, Department of Information Technology 1200 North Telegraph Road, Building 49 West Pontiac, MI 48341 Page 7 of 10 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. §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. 2003-0798-08-Draft 1.doe Page 8 of 10 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. The City of Birmingham, a Municipal Corporation By: Date: WITNESS: By: Date: Subscribed and sworn to before me in Oaldand County, Michigan on the day of ,2004. Notary Public, Oakland County, Michigan. My Commission Expires: IN WITNESS WHEREOF, Thomas A. Law, Chairperson 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: WITNESS: BY: Michael D. Hughson Date: 2003-0798-08-Draft 1.doc Page 9 of 10 EXHIBIT A----LEGAL DESCRIPTION All that part of the Southeast 1/4 of Section 34, Town 2 North, Range 10 East, City of Birmingham, Oaldand County, Michigan, described as: Commencing at the Southeast corner of Section 34; thence North 07 022'34" West 1714.10 feet along the East line of said section; thence South 85°20'58" West 581.96 feet to THE PLACE OF BEGINNING OF THIS DESCRIPTION; thence continuing South 85°20'58" West 35.00 feet; thence North 07°01'14" West 38.89 feet; thence North 84°46'47" East 35.00 feet; thence South 07°00'08" East 39.24 feet to the place of beginning. 4111MIIAL. 0i ov I III iii iipt Ilaand County OAKLAND COUNTY CLEANS *\ RADIAN DIE LOCATION 403 BLOCK CH ANBROOK ROAD BIRMINGHAM. MICHIGAN PROPERTY OWNER, 0115 01 BIRMINGHAM 151 MART WI STREET NRRAINGRAM. MICTIGAIN 18012 00011601: 1184 WANGLE R, ASST. CHIEC PHONE 248-646-1127 20 INFORMATION: PROPOSED LOWER LOCATION I/18.42-3201I2N LONG 93,14.52 17. W EL DATION. GROUND EIEVARON: 736- P1591181001/910)98 SOUR EAST 1/4 SECTION 34.1211. RICE CITY OF BIRMINGHAM (3AKLAND COUNT, MICHIGAN .5,793,1441,,,ITLLS PREPARED BY OTHERS Sigroture DON (J1t..41: LY nc, Nil NAV Ale N.11161.1. BITE LOCATION BIRMINGHAM [LINCOLN HILLS] BIRMINGHAM, MICHIGAN PERMIT DRAWINGS 185' MONOPOLE MAY 2002 PROJECT DIRECTORY: PROJECT INFO: CANT: RADIAN COMMUNICATIONS SERVICES CORP. 1126 INVICTA DRIVE OAKVIL I. F. ON. CANADA LEH 601 CONTACT. DAN PREFER PHONE. 5151074300 PROJECT SPONSOR. OAKLAND COUNTY. CLEWS PROJECT CCAINTY SERVICE CENTER $7031101816 TELEGRAPH ROAD PONTIAC. MICHIGAN 483416421 CONVICT. 18/1 RkCLA COATIS PHONE 253.9987 ENGINNEP EDCA. CONSJITING ENGINEE 11$. 8840 624 INATIP STREET PRAIRIE DU SAC WI 53578 CONTACT: KEN BAUMGARDI PHONE: 603644 1449 PAK BOO 879.1718 6018658018. WILLIAMS AIMINRKS 459 OTTORLIA. AVE.. NW. GRAND RAPIDS. MI 49063 CON1ACI: RAND, 110( 1801166 PHONI. 616124. 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ELEVATION DATUM 01101106 100 1144110 04 WM MI DATUAL CONTOURS ME ILLUSTRATED AT I 16 NIAVYALS .1%11N. 73711 000.340 OT CUT AT T. *0001001 06+3 CA- WEAL RA. KAM OF EIRSTING 100*00010 FLOOD PLAIN INFORMATION IIE PAYE COML. TNE MEW. 0010NCI MANIA00100 AO.CY MAIWIWOA 11000 INSURNMCC IA. As 7.1.,,,x01011 PAC 077 Cr 1011111105)0* OMAR) =NTT. 1030011. 404100411 Pum0, PAM. 1101011 0040 I 00110 037 lb. MI MO MO TI. P074161 MIT II N01 WT. 130 ICO YEAR 10.400 RAM BASIS OE BEARINGS 4*10)07115 0010110(E CP .1 I07E701W 0000 Off WO DM WE NNW (H104 403640CY 64.061 ..086 (w041 iT A. 0SO ON TR. M. AS DETCRIOND HANN NCH ACCURACY 07010404 .01106) MOO 1100) PROPRIETOR MMUS HRLS CCU EOM. PROJECT LIIRECTORY; CUENT. RAO. *TONS MAC. 000 Till IIINCTA 01W10 0060.04,0 CANAOA M CONIACt 0.01,11011 PROM 313.70P.00 PROJECT AO.* MELNIK. MARY. 0.049 PROACT CMCIY SW. CPT. IOWA 040101 MICRON ROAD NON.C. 000CAN 4041-001 CCNTACT- PAT.. MANS N.C. 040.4100047 .41.40 006 001134.1. 00.31, INC 524 W. 1.0.7 PRAM 1+100404n 00.1434 004 14311104O1 Plot 0640441141 FAX 11001.71317* SURVEYOR: 1004400 a MOM 400 OTTAWA APE, 0.0 0001* 04)1100. II 43105)4 0.7*01 MAIM MIKA. P.M. All 074.1100 FAR 01113241300 LEGAL DLSCRIPTION mwr P. 120, RIOE, SEC 34 PART OF SC 1/4 BILL AT SE CDR, Si 5 130-54-20 • 8200.75 FT, 11-1 031-14-40 W 2417.9 FT. TH 5 06-27-20 E 1236.20 Fl, 111 $ 06-44-40 B. 2215 Cl TO BCC 65.45 A Z.11:4M re.ar 1 EASE AREA RETAII SOIL BORING SITE PLAN BIRMINGHAM [LINCOLN HILLS] BIRMINGHAM, MICHIGAN Edge CANINAIN, aneirommoN, .51.8 OA Una WI 5.75 NNW 15.75..A.:51Mcv 0 .1 Ai) `?, „ Edge Copem.Slos LOA V SeC S.1.E t) COMPOUND PLAN BIRMINGHAM [LINCOLN HILLS] BIRMINGHAM, MICHIGAN TOWER PROFILE (EOLITH ELEVATION] ANS p 1 5111 1 -1 2 ° g I- 2 y -1 > ILI 2 r: e W a 2 ti im 2 13 E 0 2 a a 4.11.11,1. /iety .1 PI WC Olohou.436 LIE.. pl+AsLit n. n,/ A-1 er: FISCAL NOTE (M.R. #04116) May 20, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR APPROVAL OF CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CITY OF BIRMINGHAM 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 for radio tower construction and lease purposes between the County of Oakland and the City of Birmingham. 3. Under terms of the construction license and lease agreement, the County will construct a radio tower, adjacent equipment shelter, and install a generator for the County-wide radio system at County expense on land provided by the City. 4. The County will sell the tower, shelter, and generator to the City of Birmingham for one ($1) upon completion and the City will lease space on the tower for radio system purposes to the County for one ($1) per year. 5. Operation and maintenance of the tower, shelter, and generator will be the responsibility of the City. 6. The initial term of the lease is 15 years with three renewable five-year terms. 7. No budget amendment is required. FINANCE COMMITTEE /U-6-SV FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Webster absent. Resolution #04116 May 6, 2004 The Chairperson referred the resolution to the Finance Committee. There were no objections. G. William Caddell, County Clerk Resolution #04116 May 20, 2004 Moved by Palmer supported by Moss the resolution be adopted. AYES: Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moss, Palmer, Patterson, Potter, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter. (23) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. 011141. INEREK :j,Dc- HL MANI 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 May 20, 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 Cgonty of Oakland at Pontiac, Michigan this 20th day of May, 2004.