HomeMy WebLinkAboutResolutions - 2004.05.06 - 27600May 6, 2004
REPORT (misc. #04114)
BY: Planning and Building Committee, Charles Palmer, Chairperson
RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST TO AMEND
MISCELLANEOUS RESOLUTION NO. 04059 CONSTRUCTION LICENSE
AND LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF
BLOOMFIELD FOR THE NEW COUNTY WIDE RADIO TOWER SYSTEM
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above referenced
resolution on April 27, 2004, Reports with the recommendation the Oakland County
Board of Commissioners reconsider MR #04059 to incorporate the language from the
attached suggested resolution, in addition attaching "Amendment 1 Construction
License and Lease Agreement".
Chairperson, on behalf of the Planning and Building Committee, I submit the foregoing
report.
Planning & Building Committee Vote:
Motion carried on unanimous roll call vote
May 6, 2004
MISCELLANEOUS RESOLUTION 404114
BY: Planning and Building Committee. Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST TO AMEND MISCELLANEOUS
RESOLUTION NO. 04059 CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE
CHARTER TOWNSHIP OF BLOOMFIELD FOR THE NEW COUNTYWIDE RADIO TOWER SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, Pursuant to Miscellaneous Resolution No. 04059 of March 18, 2004 the Oakland
County Board of Commissioners approved a Construction License and Lease Agreement with the Charter
Township of Bloomfield for the construction and lease back of a 240-ft. high radio tower to be located on
township property at 4200 Telegraph Road, Bloomfield Hills, Michigan.
WHEREAS, upon submittal of an application for approval of the radio tower construction the
Federal Aviation Administration informed County staff of a determination of possible hazard due to the
proposed height of the tower.
WHEREAS, the Federal Aviation Administration has determined that a 230-ft. high radio tower is
appropriate.
WHEREAS, the Departments of Facilities Management, Information Technology, and Corporation
Counsel have reviewed and/or prepared the attached Amendment 1 Construction License and Lease
Agreement and recommend its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Amendment 1 Construction License and Lease Agreement between
the County of Oakland and the Charter Township of Bloomfield.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs
its Chairperson or his designee to execute the attached Amendment 1 Construction License and Lease
Agreement between the County of Oakland and the Charter Township of Bloomfield.
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
AMENDMENT 1
CONSTRUCTION LICENSE AND LEASE AGREEMENT
Amendment I to the Construction License and Lease Agreement ("Amendment) is 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 Charter Township of Bloomfield, a municipal
corporation located at 4200 Telegraph Road, Bloomfield Hills, MI 48303("Municipality"),
INTRODUCTION
A. The County and the Municipality entered into a Construction License and Lease Agreement
("Agreement") on March 18, 2004.
B. The Parties now wish to amend that Agreement, so that the Tower constructed pursuant to the
Agreement shall be a two hundred and thirty (230) foot high Tripole Tower, instead of a two
hundred and forty (240) foot high Tripole Tower.
C. In consideration of the mutual covenants contained in this Amendment, the Parties agree to amend
the Agreement as follows:
1. The definition contained in Article I, paragraph 8 of the Agreement shall be changed to the
following: "Tower" shall mean the two hundred and thirty (230) foot high Tripole Tower
constructed by the County pursuant to Exhibits B and C.
2. Any and all other terms and conditions set forth in the Agreement shall remain in full force and
effect and shall not be modified, diminished, or otherwise changed or altered by this Amendment
except as otherwise expressly provided for in this Amendment.
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.
Charter Township of Bloomfield, a Municipal Corporation
By:
Date:
2003-0047-2/131mfldTowerAmend.doc
Page 1 of 2
WITNESS:
By:
Date:
Subscribed and sworn to before me
on the day of ,2004.
Notary Public,
County,
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:
ThQmas A. Law, Chairperson
Oakland County Board of Commissioners
Date:
WITNESS:
BY:
Michael D. Hughson
Date:
Subscribed and sworn to before me in Oakland County, Michigan.
on the day of ,2004.
Notary Public, Michael D. Hughson
Oakland County, Michigan.
My Commission Expires: 5/5/2008.
2003-0047-2431mildTowerAmend.doc
Page 2 of 2
7/0 vo
Resolution #04114 May 6, 2004
Moved by Palmer supported by Suarez the resolution be adopted.
Moved by Palmer supported by Potter the Planning and Building Committee Report be accepted.
A sufficient majority having voted therefore, the report was accepted.
Moved by Palmer supported by Crawford 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.
Vote on resolution:
AYES: Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer,
Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter,
Crawford, Douglas, Gregory, Hatchett. (25)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolution, as amended, was adopted.
I HERBY 0/PROVE THE FORMS RESOWTION
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 th ounty of Oakland at
Pontiac, Michigan this 6th day of May, 2004.
_
G. William Caddell, County Clerk