HomeMy WebLinkAboutResolutions - 2004.05.06 - 27589May 6, 2004
REPORT ;MISC. #04060)
BY: PLANNING & BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR APPROVAL OF LEASE
AGREEMENT WITH THE CHARTER TOWNSHIP OF WEST BLOOMFIELD FOR THE NEW
COUNTYWIDE RADIO SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning & Building Committee having reconsidered MR #04060 on April 27, 2004 Reports
to the Board with the recommendation the Resolution be adopted with the following amendments:
Strike the 5t1 WHEREAS paragraph, substituting the following:
WHEREAS under the terms of the attached Lease Agreement, the County will construct a radio
tower on land owned by the Charter Township of West Bloomfield at 4530 Walnut Lake Road,
West Bloomfield, Michigan. The County as owner of the tower may also lease space on the tower
to the Township, for one ($1) dollar per year, or third parties under separate agreements with the
Township's consent.
Add an additional WHEREAS paragraph immediately following the 5' WHEREAS as follows:
WHEREAS, the lease will commence upon approval and execution of the lease by both parties.
The initial term of the lease shall be 15 years. The lease may be extended by the parties for up to
three additional five-year terms.
Modify the NOW THEREFORE paragraph by adding the words "for radio tower construction and
operation purposes" after the words, "...attached lease agreement..." and before "...between the
County...
Substitute the Lease Agreement dated May 20, 2004 for the Agreement dated March 18, 2004
Chairperson, on behalf of the Planning & Building Committee, I move the acceptance of the foregoing
Report.
PLANNING & BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote
REPORT (MISC. #04060) May 6, 2004
BY FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR APPROVAL OF
LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF WEST BLOOMFIELD FOR THE
NEW COUNTYWIDE RADIO SYSTEM
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gerczlemen:
The Finance Committee, having reviewed the above-referenced
resolution, reports in concurrence with the Planning and Building
Committee's action. There are no changes in the Fiscal Note.
Chairperson, on behalf of the Finance Committee, I move the
acceptance of the foregoing report.
FINANCE COMMITTEE
4cr/
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Webster absent
March 4, 2004
MISCELLANEOUS RESOLUTION # 04060
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR APPROVAL OF LEASE
AGREEMENT WITH THE CHARTER TOWNSHIP OF WEST BLOOMFIELD FOR THE NEW COUNTYWIDE
RADIO SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners, by MR #98308, recognized that the County's
current 800MHz radio system needed to be upgraded and expanded to encompass all public safety agencies
and to create interoperatibility between public safety agencies; and
WHEREAS the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and MR #99279,
authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a new County-
wide radio system that will have the ability to encompass all public safety agencies and create interoperability
between public safety agencies; and
WHEREAS to properly implement and operate the new County-wide radio system, the County will need
to build towers, lease land, and/or lease space on towers at sites throughout the County; and
WHEREAS it is the recommendation of the Departments of Facilities Management and Information
Technology that the Oakland County Board of Commissioners accept and approve the terms and conditions of
the attached Lease Agreement.
WHEREAS under the terms of the attached Lease Agreement, the County will construct a radio tower at
4530 Walnut Lake Road, West Bloomfield, Michigan, The County as owner of the tower will then lease space
on the tower for radio system purposes to the Charter Township of West Bloomfield for one ($1) dollar per year
for the term or terms of the lease.
WHEREAS the Departments of Facilities Management, Information Technology, and Corporation Counsel
have reviewed and/or prepared all necessary documents related to the attached Lease Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Lease Agreement between the County of Oakland and the Charter
Township of West Bloomfield.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents between
the County of Oakland and the Charter Township of West Bloomfield, which may be required.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote with Palmer and Long absent
LEASE AGREEMENT
This LEASE (Lease) entered into this 2(Yth day of May, 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 ("Tenant") and the Charter Township of West
Bloomfield, located at 4550 Walnut Lake Road, West Bloomfield, Michigan 48325 ("Landlord").
BACKGROUND
A. Landlord is the owner in fee simple of a parcel of land located at 4530 Walnut Lake Road, West
Bloomfield, Michigan 48325, whose legal description is set forth in Exhibit A ("the Land").
B. Tenant is a municipal and constitutional corporation desiring to lease the Site, from Landlord for
the construction of a one hundred, eighty-five (185) foot high Monopole Tower to operate a
County-wide public safety radio system ("Tower") and for placement of a radio equipment shelter.
C. Upon the execution of a separate lease or license agreement, Landlord may lease or license space
on the Tower from Tenant for public purposes, if there is space available.
D. Upon prior written approval of Landlord, which it shall have no obligation to grant, Tenant may
lease or license space on the Tower to third parties for the purpose of installing, mounting, and
operating various types of communications equipment and related communications activities.
E. In consideration of the mutual covenants contained in the Agreement, the Parties agree to the
following terms and conditions.
AGREEMENT
Definitions.
1.1. "Access Easement" shall mean the real property owned by Landlord and legally described
in Exhibit B.
1.2. "Day" shall mean calendar day, unless otherwise specified in this Lease.
1.3. "Land" shall mean the property legally described in Exhibit A, which is located at
4530 Walnut Lake Road, West Bloomfield, Michigan 48325.
1.4. "Site" shall mean the Land and, as applicable, the Access Easement.
1.5. "Site Plan" shall mean the plans approved by Landlord under its zoning authority,
reduced size copies of which are attached as Exhibit C.
1.6. "Tower" shall mean the one hundred, eighty-five (185) foot high monopole tower to
be constructed by the County on the Site pursuant to the Site Plan.
§2. Leased Site. Landlord leases to Tenant and Tenant leases from Landlord the Site and non-
exclusive use of the Access Easement for ingress, egress, and utilities and for uses and
activities permitted by this Lease during the Initial and all Renewal or Hold Over Terms.
§3. Proper Title. Landlord warrants that it has legal title to the Site or an assignable or
otherwise transferable possessory interest of such nature as to confer upon Tenant the same
full rights of occupancy as if Landlord had legal title. Landlord, at its sole expense, shall
defend Tenant against any claim challenging Landlord's right to confer upon Tenant the
Final Agreement
§1 .
Page 1 of 8
right to occupy the Site; and Landlord shall, at its sole expense, satisfy any judgment
against Tenant arising from such claim.
§4. Term.
4.1. This Lease shall commence on the date it has been fully signed ("Commencement
Date") and end on the fifteenth (15 th) anniversary of the Commencement Date at
11:59 p.m. (Initial Term). Upon expiration of the Initial Term, this Lease may be
automatically renewed for three (3) additional terms of five (5) years each ("Renewal
Term"), unless this Lease is terminated earlier as provided in this Lease, or Tenant
provides written notice to the Landlord of its intent not to renew the Lease at least
three (3) months prior to the end of each current term in which event this Agreement
shall expire at the end of that term.
§5. Rent.
5.1. Tenant shall pay the Landlord, the sum of one dollar ($1.00) ("Base Rent") annually
during the Initial and any Renewal Term of this Lease, as rent for the Site.
§6. Use of Site.
6.1. Tenant shall use the Site for the construction and maintenance of a Tower to operate a
County-wide public safety radio system, for placement of a radio equipment shelter, and
as agreed to by the Parties in writing.
6.2. Tenant's use of the Site will comply with all applicable laws, regulations, rules, and
ordinances and shall not obstruct or physically interfere with Landlord's public safety
operations.
§7. Tenant Improvements and Plans.
7.1. Tenant may improve the Site by constructing the Tower and any related support facilities
and structures on the Site pursuant to the Site Plan (Exhibit C), or other improvements as
approved by Landlord. Prior to commencing construction, Tenant shall submit plans and
specifications for all improvements to Landlord's Building Department for required
permits. The Building Department permits, conditions and approved plans and
specifications shall be considered part of this Lease, with compliance with those permits
and conditions being Lease requirements. No improvement, construction, installation, or
alteration shall be commenced until plans for such work have been approved by the
Landlord's Building Department and all necessary approvals, licenses, and/or permits
have been properly issued.
7.2. Such Building permit plans shall be in conformity with the Site Plan (Exhibit C) and
include(i) a Landscape Plan, showing proposed changes in and additions to the
landscaping on and for the Site that has been approved by the Landlord's Planning
Director as consistent with landscaping required in the past under the zoning ordinance
for similar uses, (ii) the proposed type and height of fencing, and (iii) any other details that
the Landlord or its Building Department may request or require.
7.3. Prior to commencing construction, Tenant shall also provide Landlord with written notice
of the names of the contractor and all subcontractors and consultants that will be on Site
and using the Access Easement during construction of the Tower and other permitted
improvements.
Final Agreement
Page 2 of 8
7.4. Except as shown on the Site Plan (Exhibit C) and as required to obtain permits from
Landlord's Building Department, no improvements or modifications to the Site and/or
Tower shall be made without the Landlord's written consent.
7.5. The Tower and all improvements made to the Tower shall remain the property of Tenant.
7.6. Tenant shall be responsible for obtaining and paying for all governmental approvals,
permits, and licenses necessary to construct the Tower and/or any other improvements.
7.7. All improvements shall be constructed in a timely, good, professional, workmanlike
manner and shall be completed in compliance with all applicable laws, rules, ordinances,
and regulations, without damage or injury to Landlord's surrounding land or persons or
property on it. Immediately after completion of the Tower construction, all areas that
were disrupted or disturbed shall be restored by the Tenant to a condition that is as good
as, what existed prior to commencement of construction.
7.8. Tenant shall be responsible for payment of all of its contractors and other persons
performing work or providing materials on the Site so that the Site is kept free from any
liens arising from any work performed, materials furnished, or obligations incurred by or
at the request of Tenant. If any lien is filed against the Site as a result of acts or omission
of Tenant or Tenant's employees, agents, or contractors, Tenant shall immediately secure a
full and unconditional discharge of the lien upon receiving written notice of such a lien
from the Landlord or otherwise.
§8. Assignment and Subletting.
8.1. Tenant shall not assign this Lease in whole or in part, or sublet all or any part of the Site
without Landlord's written consent, which Landlord shall have no obligation to grant.
8.2. With Landlord's written consent, which Landlord shall have no obligation to grant,
Tenant may lease or license space on the Tower to third parties for the purpose of
installing, mounting, and operating various types of communications equipment and
related communications activities.
8.3. Notwithstanding any assignment or sublease, Tenant shall remain fully liable on this
Lease and shall not be released from performing any of the terms, covenants, and
conditions of this Lease.
§9. Fees for Landlord.
9.1. Unless otherwise agreed by the Parties in writing, Landlord shall not be required to make
any expenditure or pay any fee in connection with this Lease, or make any improvements
to the Site.
§10. Maintenance of Tower and Site.
10.1. Tenant shall, at its own expense, maintain the Site, the Tower, and all of Tenant's
improvements, equipment, and other personal property on the Site, in good working order,
condition, and repair, and in compliance with all applicable laws, regulations, rules and
ordinances. Tenant shall keep the Site free of debris.
§11. Access to Site.
Final Agreement
Page 3 of 8
11.1. Tenant shall have the right to access the Site twenty-four (24) hours a day, seven (7) days
a week. Landlord shall have the right to enter the Site to examine and inspect the Site.
§12. Utilities.
12.1. Tenant shall be responsible for obtaining any utility service to the Site that it desires.
Tenant shall pay all charges, when due, for utilities to the Site during the term of the
Lease.
§13. Quiet Enjoyment.
13.1. The Tenant shall peaceably and quietly enjoy and hold the rights and the privileges
granted under this Lease without hindrance or interference by the Landlord.
§14. Governmental Approvals.
14.1. This Lease is contingent upon Tenant obtaining and maintaining all necessary
governmental approvals, permits, and/or licenses that Tenant deems necessary. If such
approvals, permits, and/or licenses are not obtained or maintained, then Tenant may
terminate this Lease and proceed pursuant to Section 15.
§15. Termination.
15.1. Termination by Landlord: Upon thirty (30) days written notice, Landlord may terminate
this Lease if: (1) Tenant fails to use the Site according to the use set forth in Section 6, or
(2) Tenant is in breach of the Lease and has failed to cure the breach within sixty (60) days
of receiving notice from Landlord that Tenant is in breach. The notice from Landlord,
setting forth the beach, shall sufficiently describe the breach so as to give Tenant enough
information to cure such breach.
15.2. Termination by Tenant: Upon ninety (90) days written notice, Tenant may terminate this
Lease if Tenant determines that this Lease is no longer necessary for Tenant purposes or
for technological reasons.
15.3. Within ninety (90) business days of termination, unless otherwise agreed to by the Parties,
Tenant shall remove the Tower, including the foundation, all related structures, and all
other Tenant equipment and facilities from the Site and restore the Site to a condition that
is as good as what existed prior to commencement of construction (landscaping
excluded). If Tenant fails to timely satisfy any of its obligations under this Section,
Landlord may perform those obligations and be entitled to reimbursement from Tenant for
Landlord's costs in doing so. Tenant shall pay Landlord the required reimbursement
within 60 days of Landlord's written billing to Tenant.
§16. Condemnation.
16.1. In the event the entire Site is taken by eminent domain, this Lease shall terminate as of the
date title to the Site vests in the condemning authority. In the event a portion of the Site is
taken by eminent domain so as to materially hinder effective use of the Site by Tenant,
either Party shall have the right to terminate this Lease as of said date of title transfer, by
giving thirty (30) days written notice to the other Party. In the event of any taking under
the power of eminent domain, Tenant shall not be entitled to any portion of the reward
paid for the taking and the Landlord shall receive full amount of such award. Tenant shall
have the right to claim and recover from the condemning authority, but not from Landlord,
Final Agreement
Page 4 of 8
such compensation as may be separately awarded or recoverable by Tenant on account of
any and all damage to Tenant and any costs or expenses incurred by Tenant in
moving/removing its equipment, personal property, and leasehold improvements.
§17. Damage or Destruction of Tower.
17.1. If the Tower or any portion of the Tower is destroyed or damaged so as to materially
hinder effective use of the Tower, Tenant may elect to terminate this Lease upon thirty
(30) days written notice to Landlord. In such event, Tenant and Landlord shall proceed as
set forth in Section 15. This Lease (and Tenant's obligation to pay rent) shall terminate
upon Tenant's fulfillment of the obligations set forth in the preceding sentence. Landlord
shall have no obligation to repair any damage to any portion of the Site.
17.2. If Tenant chooses not to terminate this Lease, it may repair or rebuild the Tower and/or
improvements. During the period that the Tower is being repaired or rebuilt, Tenant, at its
own expense and if possible, may locate a temporary Tower to another location on
Landlord's property, as mutually agreed by the Parties.
§18. Liability.
18.1. Each Party shall be responsible for its acts or omissions, the acts or omissions of its
employees and agents, the costs associated with those acts or omissions, and the defense
of those acts or omissions.
§19. Insurance.
19.1. The Tenant shall maintain comprehensive general liability insurance protection, by self-
insurance or an insurance policy, for liability arising from the Tower and Tenant's use and
operations on and of the Site and Access Easement. providing protection or with liability
limits of at least three million dollars with respect to bodily injury, including death, arising
from any one occurrence and three million dollars with respect to damage to property
arising from any one occurrence.
19.2. Tenant shall furnish Landlord with certificates confirming the insurance protections
required by this Section. The Landlord is entitled to at least one (1) month prior written
notice of any cancellation or material change in the insurance required by this Section.
19.3. The Parties mutually agree to request their property insurance companies to 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.
§20. Hold Over.
20.1. Any hold over after the expiration of the Lease with the consent of the Landlord, shall be
construed to be a tenancy from month to month and shall otherwise be for the term and on
the conditions herein specified, so far as applicable.
§21. Notices.
21.1. All notices, requests, demands, and other communications required by this Lease shall be
in writing and shall be deemed given if personally delivered or mailed, certified mail,
return receipt requested, to the following addresses:
Final Agreement
Page 5 of 8
To Landlord: Supervisor, Charter Township of West Bloomfield
4550 Walnut Lake Road, PO Box 250130
West Bloomfield, MI 48325-0130
With a copy to: Clerk, Charter Township of West Bloomfield
4550 Walnut Lake Road, PO Box 250130
West Bloomfield, MI 48325-0130
To Tenant: CLEM1S 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
§22. Relationship of Parties.
22.1. Nothing contained in this Lease shall be deemed or construed to create a relationship of
principal and agent or of partnership or joint venture between the Parties hereto. Neither
any provision of this Lease nor any acts of the parties shall create any relationship between
the Parties other than that of Landlord and Tenant.
§23. Headings.
23.1. The section headings used throughout this Lease are provided for reader convenience only
and shall not be controlling in the interpretation of this Lease.
§24. Entire Agreement.
24.1. This Lease constitutes the entire understanding between the Parties and supersedes all
prior offers, negotiations, and/or agreements between the Parties relative to the subject
matter addressed herein. Tenant represents that there are no understandings,
representations, or promises of any kind, oral or written, that have been made by Landlord
to induce the execution of this Lease except those expressly set forth in writing in this
Lease.
§25. Invalid Provision.
25.1. The invalidity or unenfbrcability of any sections or subsections of this Lease shall not
affect the validity or enforceability of the remainder of this Lease or the remainder of any
sections or subsections. This Lease shall be construed in all respects as if any invalid or
unenforceable sections or subsections were omitted.
§26. Governing Law and Venue.
26.1. This Lease shall be construed in accordance with, and subject to, the laws of the State of
Michigan. To the extent provided by law, any action at law, suit in equity, or other judicial
proceeding for the enforcement of this Lease or any provision thereof shall only be
Final Agreement
Page 6 of 8
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.
§27. Amendment.
27.1. This Lease may not be changed, modified, amended, or altered, except by an agreement in
writing, signed by both Parties.
§28. Succession.
28.1. This Lease is binding upon the Parties and shall be binding upon their successive heirs,
representatives, administrators, successors, subcontractors, and assigns.
§29. Force Majeure.
29.1. Each Party shall be excused from any obligations under this Lease during the time and to
the extent that a Party is prevented from performing due to causes beyond such Party's
control. Reasonable notice shall be given to the affected Party of any such event.
§30. Discrimination.
30.1. 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.
§31. Reservation Of Rights.
31.1. The Lease does not, and is not intended to, impair, divest, delegate, or contravene any
constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or
immunity of Tenant or owner.
§32. No Implied Waiver.
32.1. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any right
or remedy under this Lease shall constitute a waiver of those rights with regard to any
existing or subsequent breach of this Lease. No waiver of any term, condition, or
provision of this Lease, whether by conduct or otherwise, in one or more instances, shall
be deemed or construed as a continuing waiver of any term, condition, or provision of the
Lease. No waiver by either Party shall subsequently effect its right to require strict
performance of this Lease.
§33. Remedies Not Exclusive.
33.1. The rights, remedies, and benefits provided by this Lease shall be cumulative, and shall
not be exclusive of any other rights, remedies and benefits, or of any other rights,
remedies, and benefits allowed by law.
§34. Counterparts.
34.1. This Lease may be executed in several counterparts, each of which shall be an original and
all of which shall constitute one and the same instrument.
Final Agreement
Page 7 of 8
IN WITNESS WHEREOF, David Flaisher and Sharon A. Law, execute this Lease on behalf
of Landlord and accept and bind the Landlord to the terms and conditions hereof.
LANDLORD: CHARIER TOWNSHIP OF WEST BLOOMFIELD
By:
David Flaisher, Supervisor Sharon A. Law, Clerk
Subscribed and sworn to before me in Oakland County
OD the day of ,2004.
Notary Public, County,
My Commission Expires:
IN WITNESS WHEREOF, Thomas A. Law, executes this Lease on behalf of the COUNTY OF
OAKLAND, a Michigan Constitutional and Municipal Corporation, and accepts and binds the
COUNTY OF OAKLAND to the terms and conditions of this Lease.
TENANT: COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation
By:
Thomas A. Law, Chairperson
Oakland County Board of Commissioners
Subscribed and sworn to before me in Oakland County
on the day of ,2004.
Notary Public, Michael D. Hughson
Oakland County, Michigan.
My Commission Expires: 5/5/2008.
2003-0798-104)raft 3.DOC
C:\NrPortbl\Secrest\DOVREU\5834492.DOC
Final Agreement
Page 8 of 8
EXHIBIT A----LEGAL DESCRIPTION OF LEASED LAND
All that part of the Southwest 1/4 of Section 22, Town 2 North, Range 9 East,
West Bloomfield Township, Oakland County, Michigan, described as; Commencing at
the South 1/4 corner of said Section 22; thence South 87°50'59" West 240.26 feet
along the south line of said Section 22; thence North 02°09'01" West 654.53 feet
TO THE PLACE OF BEGINNING OF THIS DECRIPTION; thence North 27'25'12" West
40.00 feet; thence North 62°34'48" East 40.00 feet; thence South 27°25'12" East
40.00 feet; thence South 62°34'48" West 40.00 feet to the place of beginning of
this description.
EXHIBIT B----LEGAL DESCRIPTION OF EASEMENT
A 20.00 foot wide easement in that part of the Southwest 1/4 of Section 22, Town
2 North, Range 9 East, West Bloomfield Township, Oakland County, Michigan, the
centerline of which is described as; Commencing at the South 1/4 corner of said
Section 22; thence South 87'50'59" West 240.26 feet along the south line of said
Section 22; thence North 02'09'01" West 654.53 feet; thence North 27°25'12" West
40.00 feet; thence North 62'34'48" East 20.00 feet TO THE PLACE OF BEGINNING
OF THIS CENTERLINE DESCRIPTION; thence North 33°06'30" West 15.00 feet to point
"A"; thence North 33°06'30" West 60.89 feet; thence South 55°04'42" West 160.55
feet to point "B"; thence South 55'04'42" West 43.39 feet; thence South 17°37'44"
East 23.18 feet; thence Southwesterly 190.05 feet along a 274.24 foot radius curve
to the right the chord of which bears South 04°23'34" West 185.41 feet; thence
South 26°2451" West 107.51 feet: thence Southerly 147.02 feet along a 302.70 foot
radius curve to the left the chord of which bears South 12°28'14" West 145.58 feet;
thence South 01'28'23" East 179.11 feet to the Northerly right of way line of Walnut
Road for the place of ending of this centerline description; thence recommencing at
the aforedescribed point "A" FOR THE PLACE OF BEGINNING OF THIS CENTERLINE
DESCRIPTION; thence North 56°53'30" East 20.00 feet to the place of ending of this
centerline description; thence recommencing at the aforedescribed point "B" FOR
THE PLACE OF ENDING OF THIS CENTERLINE DESCRIPTION; thence South 17°37'44"
East 62.94 feet; thence Southwesterly 171,13 feet along a 223.61 foot radius curve
to the right the chord of which bears South 04'17'44" West 166.98 feet; thence
South 26°13'12" West 125.07 feet; thence Southerly 147.06 feet along a 303.60 foot
radius curve to the left the chord of which bears South 12°20'38" West 145.62 feet;
thence South 01°31'58" East 166.81 feet to the Northerly right of way line of Walnut
Road for the place of ending of the centerline description.
RADIAN ft Oakland County
Michigan
OAKLAND COUNTY CLEWS
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PERMIT DRAWINGS
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T-1 TITLE SHEET
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C-1 SI1E PLAN
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CLIENT.
RADIAN COMMUNICAIIONS SERVICES CORP
2,260 HA4GGERTY 00461
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FARMINGTON IOILS. 241 43331
CON1ACIE DAN PEW( R
PHONE 248848..Q63
PROJECT DIRECTORY: PROJECT INFO: SHEET INDEX:
NO.: PAGE TITLE:
9902801 58200508
0016590 COUNTY, CII 0*5 98029
COUNTY 50(3106 099042
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PONTIAC MICHIGAN 49341.42.1
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PREPARED BY OTHERS
PROPERTY OWNER:
WEST BLOOMFIELD TOWNSHIP
4350 WA1 NUT 1.58+ 80813
WEST BLOOMFIELD, MI 48329
CONPCF. LT RICK MITCHELL
PHONE 2484904406
2015101131,01100.
CL NTER 1)9 16834 PARCEL:
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INGNFER,
EDGE CONSULTING ENGINEERS INC
674 wAl I4 S13111
PAIML DU SAC. A' 53638
1;,N1ACT. 990 84113152951
PHONE 6013344.1449
FAX 896.879 1718
SURVEYOR
WILLIAMS S WORKS
450 OPOWA ART. NW
GRANO RAMS. MI 4476E3
coNTACT- PANDA KOL40151.
PHONE 914.224 1SOR
FA{ 616 724 1302
5113408 RFOUISZI MINTS
ED DING SI INC.-KS REQ.-31AD
114050 448
UDE, 12 5'
YEAR: 33'
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Resolution #04060 March 4, 2003
The Chairperson referred the resolution to the Finance Committee. There were no objections.
3. Under terms of the lease
construct a radio
generator for the
the Township.
4. Construction will
utilities.
be at County expense, inclusive of
agreement, the County will
tower, equipment shelter and install a
County-wide radio system on land owned by
FISCAL NOTE (MISC. 104060) March 18, 2004
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR APPROVAL OF
LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF WEST BLOOMFIELD FOR THE
NEW COUNTYWIDE RADIO SYSTEM
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The Board of Commissioners, pursuant to MCL 484.1401 and
Miscellaneous Resolution #99279, authorized the levy of a
four (4%) percent emergency telephone operational charge to
pay for a new County-wide radio system, including
construction of towers, lease of land, and/or lease of
space on towers at sites throughout the County.
2. The resolution approves and authorizes a lease agreement
between the County of Oakland and the Charter Township of
West Bloomfield.
5. The tower, shelter, and generator will be owned, operated,
and maintained by the County.
6. The County will lease the land for construction of the
tower from the Charter Township of West Bloomfield for one
($1) per year.
7. Upon completion of tower construction, the County will
lease space on the tower for radio system purposes to the
Township for one ($1) per year.
8. The initial term of the lease is 15 years with three
renewable five-year terms.
9. No budget amendment is required.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote.
s-/7 /d6r
G. William Caddell, County Clerk
Resolution #04060 May 6, 2004
Moved by Palmer supported by Jam ian the resolution be adopted.
Moved by Palmer supported by Scott the Planning and Building Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Palmer supported by Gregory the resolution be amended to coincide with the recommendation
in the Planning and Building Committee Report.
A sufficient majority having voted therefore, the amendment carried.
Moved by Palmer supported by Bullard the Finance Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
AYES: Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss,
Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman,
Coulter, Crawford, Douglas, Gregory. (25)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
I HEREBY APPROVE THE FORGOING RESaUTION
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 6, 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 6th day of May, 2004.