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HomeMy WebLinkAboutResolutions - 2004.11.18 - 27611October 21, 2004 MISCELLANEOUS RESOLUTION # 04310 BY: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH OAKLAND COMMUNITY COLLEGE FOR THE NEW COUNTYWIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Oakland County Board of Commissioners, pursuant to Miscellaneous Resolution #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 Miscellaneous Resolution #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 between the County of Oakland and Oakland Community College; and WHEREAS, under the terms of the attached Lease Agreement, the County will construct, operate and maintain a radio tower and related equipment on land owned by Oakland Community College at 2900 Featherstone Road, Auburn Hills, Michigan. The County as owner of the tower may also lease space on the tower to the College or third parties under separate agreements with the College's consent; and 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; and 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 for the purposes of radio tower construction, maintenance and operation between the County of Oakland and Oakland Community College. 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 Oakland Community College, 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 Coulter absent LEASE AGREEMENT This LEASE (Lease) entered into this 18th day of November, 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 Infonnation Technology ("Tenant") and Oakland Community College, located at George A. Bee Administration Center, 2480 Opdyke, Bloomfield Hills, Michigan 48304 ("Landlord"). BACKGROUND A. Landlord is the owner in fee simple of a parcel of land located at 2900 Featherstone Road, Auburn Hills, Michigan 48326, whose legal description is set forth in Exhibit A. B. Tenant is a municipal and constitutional corporation desiring to lease the Site from Landlord for the construction and maintenance of an one hundred and eighty-five (185) foot high tripole tower to operate a County-wide public safety radio system and for placement of an equipment shelter and generator. C. Upon the execution of a separate lease or license agreement, Landlord may lease or license space on the Tower from Tenant, at no cost, to place communication equipment on the Tower, if there is space available. D. Upon prior written approval of Landlord, 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 described in Exhibit B. 1.2. "Day" shall mean calendar day, unless otherwise specified in this Lease. 1.3. "Land" shall mean the description of property set forth in Exhibit A, which is located at 2900 Featherstone Road, Auburn Hills, Michigan 48326. 1.4. "Site" shall mean the Land and the Access Easement. 1.5. "Site Plan" shall mean the plans approved by Landlord; reduced sized copies are attached as Exhibit C. 1.6. "Tower" shall mean the one hundred and eighty-five (185) foot high tripole tower constructed by the County pursuant to Exhibit C. §2. Leased Site and Easement. Landlord leases to Tenant and Tenant leases from Landlord the Land described in Exhibit A. Landlord grants Tenant a non-exclusive easement for ingress, egress, and utilities over the adjacent real property described in Exhibit B. 2003-0047-010CCTowerLease.doc §1. Page 1 of 8 §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 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 executed by both Parties ("Commencement Date") and end on the fifteen (15 th) anniversary of the Commencement Date (Initial Term). Upon expiration of the Initial Term, this Lease may be 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 sixty (60) days before the end of the Initial Term or Renewal Term. §5. Rent. 5.1. Tenant shall pay the Landlord, the sum of one dollar ($ 1.00) ("Base Rent") annually during the Initial Term 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 an equipment shelter and generator, or 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. §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 or other improvements as approved by Landlord. Prior to commencing construction, Tenant shall submit plans and specifications for all improvements to Landlord for Landlord's written approval; such approval shall not be unreasonably withheld. Except as agreed by the Parties, no improvement, construction, installation, or alteration shall be commenced until plans for such work have been approved by the Landlord and all necessary approvals, licenses, and/or permits have been properly issued. 72. Such plans shall include: Fully dimensioned site plans that are drawn to scale and show (i) the proposed location of the Tower antennas, equipment shelter, and driveway, (ii) the proposed changes in the landscape, (iii) the proposed type and height of fencing, and (iv) any other details that the Landlord may request. 7.3. Prior to commencing construction, Tenant shall provide Landlord with the name of the contractor that will be constructing the improvements. Tenant shall require its subcontractors to obtain and maintain adequate levels of general liability and workers' compensation insurance. 2003-0047-01 OCCTowerLease.doc Page 2 of 8 7A. 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 workmanlike manner and shall be completed in compliance with all applicable laws, rules, ordinances, and regulations. 7.8. Construction of the Tower shall be completed within one (1) year of the Commencement Date of this Lease. If the Tower is not constructed within one (1) year, either Party may terminate this Lease pursuant to Section 15. 7.9. Tenant shall keep the Site 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 discharge the lien in a manner reasonably satisfactory to Landlord within ninety (90) days after Tenant receives written notice that the lien has been filed. §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. 8.2. With Landlord's prior written consent, 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. §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 and all of its improvements, equipment, and other personal property on the Site, in good working order, condition, and repair. Tenant shall keep the Site free of debris. 10.2. Upon written request of Landlord, Tenant shall move the access drive to the Site and Tower. Tenant shall be responsible for the costs associated moving the access drive, but in no event shall the County be required to expend more than $2,500.00 for such move. If moving the access drive costs more than $2,500.00, the Landlord shall be responsible for those costs. The Tenant shall have ninety (90) days from receipt of the request to complete the move of the access drive. 10.3. Upon eighteen (18) months written notice to the Tenant and approval by the Tenant (such approval shall not be unreasonably withheld), the Landlord may relocate the Tower to another location on the College Campus in Auburn Hills, Michigan. All costs associated with relocating the Tower, including but not limited to Tenant expenses for re-licensing 2003-0047-010CCTowerLease.doc Page 3 of 8 frequencies, moving Tenant Equipment, and moving any co-locators' equipment shall be paid by the Landlord §11. Access to Site. 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 and paying for any utility service to the Site. §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 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. Upon termination of this Lease, Landlord has the option to purchase the Tower from Tenant at its appraised value. Landlord must exercise this option within thirty (30) days of termination of the Lease by sending Tenant written notice. If Landlord chooses not to exercise this option, Tenant shall remove the Tower and all related structures on the site and restore the site to a level grade, so no further evidence of the Tower and/or structures is visible (landscaping excluded), within ninety (90) days of termination, unless otherwise agreed to by the Parties. §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 2003-0047-010CCTowerLease.doc Page 4 of 8 have the right to claim and recover from the condemning authority, but not from Landlord, 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. Upon termination of this Lease pursuant to this paragraph, Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. §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 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, the acts of its employees and agents, the costs associated with those acts, and the defense of those acts. §19. Insurance. 19.1. Tenant is self-insured with respect to general liability claims. Tenant has purchased a separate insurance policy for property claims. Tenant and Landlord 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. §20. Notices. 20.1. 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: To Landlord: Vice Chancellor, Administrative Services George A. Bee Administration Center 2480 Opdyke Bloomfield Hills, MI 48304 With a copy to: To Tenant: 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 2003-0047-01 OCCTowerLease,doc Page 5 of 8 1 Public Works Drive Waterford, MI 48328 §21. Relationship of Parties. 21.1. 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. §22. Headings. 22.1. The section headings used throughout this Lease are provided for reader convenience only and shall not be controlling in the interpretation of this Lease. §23. Entire Agreement. 23.1. 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. §24. Invalid Provision. 24.1. The invalidity or unenforcability 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. §25. Governing Law and Venue. 25.1. 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 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 Lease may not be changed, modified, amended, or altered, except by an agreement in writing, signed by both Parties. §27. Succession. 27.1. This Lease 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 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. 2003-0047-010CCTowerLease.doc Page 6 of 8 §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 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 Landlord. §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 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. §32. Remedies Not Exclusive. 32.1. 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. §33. Counterparts. 33.1. 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. IN WITNESS WHEREOF, executes this Lease on behalf of Landlord and accepts and binds the Landlord to the terms and conditions hereof on this day of LANDLORD: By: Its: Date: WITNESS: By: Date: 2003-0047-01 OCCTowerLease.doc Page 7 of 8 Signed and sworn to before me in the County of Michigan, on the day of , 200 Notary Public, State of Michigan, Oakland County. My Commission Expires: Acting in the County of 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 on this day of , 200 TENANT. COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation By: Thomas A. Law, Chairperson Oakland County Board of Commissioners Date: WITNESS: BY: Date: Signed and sworn to before me in the County of Oakland, Michigan, on the day of , 200 . Michael D. Hughson Notary Public, State of Michigan, Oakland County. My Commission Expires: 5-5-2008 Acting in the County of Oakland 2003-0047-010CCTowerLease.doc Page 8 of 8 EXHIBIT A - LEGAL DESCRIPTION All that part of the Northeast Y4 of Section 26, Town 3 North, Range 10 East, City of Auburn Hills, Oakland County, Michigan, described as; Commencing at the Northeast corner of said Section 26; thence South 88°1941" West 69.00 feet along the north line of said Section 26; thence South 00°35'35" East 1976.13 feet TO THE PLACE OF BEGINNING OF THIS DESCRIPTION; thence North 8902425" East 50.00 feet; thence South 00'35'35" East 40.00 feet; thence South 89°24'25" West 50.00 feet; thence North 00 03535" West 40.00 feet to the place of beginning of this description. Part of parcel no. 14-26-226-005. EXHIBIT B LEGAL DESCRIPTION INGRESS/EGRESS & UTILITY EASEMENT A 20.00 foot wide easement in that part of the Northeast 1/4 of Section 26 and the Northwest 1/4 of Section 25, Town 3 North, Range 10 East, City of Auburn Hills, Oakland County, Michigan, the centerline of which is described as; Commencing at the Northeast corner of said Section 26; thence South 88 0 19141" West 69.00 feet along the north line of said Section 26; thence South 00 0 3535" East 1996.13 feet TO TIM PLACE OF BEGINNING OF THIS CENTERLINE DESCRIPTION; thence North 48°28'14" West 109.10 feet; thence North 70'14'43" East 226.34 feet; thence North 00'49'22" West 187.00 feet; thence North 01'48'17" West 1342.00 feet; thence North 36°26'26" East 77.80 feet to point "A"; thence North 36°26'26" East 25.65 feet; thence North 42°41'14" West 94.62 feet; thence North 03 041 130" West 49.47 feet to the southerly right of way line of Featherstone 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 50°00'23" West 123.23 feet; thence North 06°36'33" West 58.95 feet to the southerly right of way line of Featherstone Road for the place of ending of this centerline description. 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CRECI.10 AY. 17. 11.1111.1A.Ne C-1 /1"' RADIAN eill)ahlcland County OAKLANEI COUNTY el FM'S 0'4 SITE LOCATION MAP 0 SCAS: NTS 1.4012n1 SITE LOCATION SITE MCAT-ION 29E10 FEL3HERS TONE ROAD AUEIJRN tilltS. MICHIGAN 48324 PROPERTY OwNETE OAki AND COUNTY COMMUNITY COLLEGE MB FEATHERSTONE ROAD AUBURN HILLS. MICHICAN 48390 CONTACT: DAN CHEREWICK PHONE. 240.341.200 2C INFORMATION. CENTER OFT EASE PARCEL: LAT. 42* 113' MAT N I ONG: 83. 13 4503. w GROUND ELEVATION 1383' PESO INFORMAILDN NORTHWEST 1/4 SECTION 25. ON. 11101 8801411811110 OAKLAND COUNTY MICHIGAN ID OBIAIN LOCATION Of 510011091045. FA=MES SENSOR VW /dICHSGAN SHEET INDEX: NO.: PAGE TITLE: T-1 TITLE SHEET S-1 SITE SURVEY* S-2 SITE SURVEY* C-1 SITE LAYOUT 0-2 COMPOUND PLAN A-1 IOWER ELEVATION * PREPARED BY OTHERS I HEREBY 11440 THIS PLAN SET WAS PREP.NRED BY ME OR UNDER MY DIRECT SUPERMS1ON AND THAT I AM A DULY LICENSED PRO FESS nN AL ENGINEER UNDER THE LAWS OF THE STATE OF MICHIGAN. AUBURN HILLS AUBURN HILLS, MICHIGAN PERMIT DRAWINGS 185' TRIPOLE TOWER MARCH 2004 PROJECT DIRECTORY: PROJECT INFO: 03890: R.ADIAN COMMUNICATIONS STRACFS CORP 200929001141'? ROAD SUITE A 19 FARMIVICTON HILLS MI 48331 CONTACT: DAN PHIFER PHONE. 24B B48.10:79 PROJECT SPONSOR: ONLIIND COUNTY, CLEANS PROJECT COUNTY SETNICE CENTER 1200 NUR} I TELEGRAPH ROAD PONTIAC 4210810,00 148341-12421 CONTACT- PATRICIA COATES PI-ONE. 248 452994 I ENGINNEIE EDGE CONSUL TING FINVAINFERS. INC 424 WATER STREET PitAlltIE DI I SAC. 908 33428 CONTACT. KEN BAUNIGARDT PHONE 408 644.1449 8282120364.30-12 cut 0445040 sys-rENu.Nc. I /I IOU MEE ALIA. N LEASI SN477-0.1GD, 1.79IG ENGINEER TEAL. ,E4 0! 1 - I -1 , L- I I I X 12,3' _ _ . ' DU, !! t 1 gi-O. • 10-0. , g 516-5161- , !! I I ! 111 11 1 l i !!l I l sat, Mg. 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LIN: SECT:ON rsasagrw FA! gi4t LINE SFCTiON 25 (gO'ic___ ng ?PRI.= w9q3 - • 044 ,-, 0 P,',4NLV -0 °RN 51" 2-F-60,7 E A 2: .tn.rxr-1 A 51 D112 Nr:2 dif. gig 6. 01 g tP4 z prp. ga.g2 R g § 7:1 Isg gAz vi ; „K [§5 .-• • g Z A 000eIEBM@BEIE.06.,,a° 2 '1 *0.01-6) " f rrlIgg f MATCHUNE SHEET 1 1 li' 1,k1 1 " I ! I t 1 L! SURVEYED SY: Williams &Works ta',1 ?'J e 7 °- tradition of servico. 449 NV, • Grand Rapids, MI 49503 Phone (616) 224.1500 • Fax 161.6) 2241501 !--0,1 , 1?1 'JO Z 1 1! SURVEYED DY: g ; 111 g I &_Works a •u tradition of service • 549 Otraw, NW. • Grand Rapids. MI 49503 Phone (6161 324-1500 • F.1616)2244501 ri Ss; , cn rri tv*' z co i- ce 3 2 U 6 I , i 1 I LJ L! I I I I I Li FISCAL NOTE (MISC. #04310) November 18, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR APPROVAL OF LEASE AGREEMENT WITH OAKLAND COMMUNITY COLLEGE 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 (4W) 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 for the purposes of radio tower construction, maintenance and operation between the County of Oakland and Oakland Community College. 3. Under terms of the Agreement, the County will construct, operate and maintain a radio tower, an adjacent equipment shelter, and install a generator at County expense, inclusive of utilities, on land leased from Oakland Community College at 2900 Featherstone Road, Auburn Hills, Michigan. 4. The County will pay the College one dollar ($1) annually as rent for the site. 5. The new tower, shelter and generator will be owned, operated, and maintained by the County. 6. The County may lease or license space on the tower, if available, to the College for radio system purposes at no cost to the College. 7. The agreement also states the County may sublease co-location space on the tower to third parties with the College's written consent. 8. The initial term of the lease is fifteen (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. Resolution #04310 October 21, 2004 The Chairperson referred the resolution to the Finance Committee. There were no objections. APPR011 THE FOREGOING MOWN G. William Caddell, County Clerk Resolution #04310 November 18, 2004 Moved by Wilson supported by Hatchet the resolutions on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Coleman, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard. (24) NAYS: None. (0) A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with accompanying reports being accepted). STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners November 18th, 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 18th day of November, 2004, on