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HomeMy WebLinkAboutResolutions - 2004.10.07 - 27653PLAN , 'a AND BUIL 9 ' - COMMITTEE oor /1 / MISCELLANEOUS RESOLUTION #04284 September 22, 2004 BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST TO RESCIND MISCELLANEOUS RESOLUTION NO. 04115 AND APPROVAL OF LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF COMMERCE FOR THE NEW COUNTYWIDE RADIO SYSTEM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, pursuant to Miscellaneous Resolution No. 04115 the Oakland County Board of Commissioners approved a Construction License and Lease Agreement between the County of Oakland and the Charter Township of Commerce for radio tower construction and lease purposes. The Commerce Township Board subsequently requested that the said Construction License and Lease Agreement be voided and the attached Lease Agreement be approved in its place. 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, pursuant to the terms and conditions of the attached Lease Agreement, the County will construct, operate and maintain a new radio tower and related equipment at 2840 Fisher Ave., Commerce, Michigan for the sum of one 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 lease agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby rescinds Miscellaneous Resolution No. 04115 and approves and authorizes the attached Lease Agreement for radio tower construction and lease purposes between the County of Oakland and the Charter Township of Commerce. 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 Commerce, which may be required. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Planning & Building Committee Vote: Motion carried unanimously on a roll call vote with Coleman absent LEASE AGREEMENT This LEASE (Lease) entered into this day of , 2004, by the County of Oakland, a municipal and Constitutional Corporation located at 1200 North Telegraph Road, Pontiac, Michigan 48341, acting by and through its Department of Information Technology ("Tenant") and the Charter Township of Commerce, located at 2840 Fisher Avenue, Commerce Township, Michigan 48390 ("Landlord"). BACKGROUND A. Landlord is the owner in fee simple of a parcel of land located at 2840 Fisher Avenue, Commerce Township, Michigan 48390, 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 and eighty-five (185) foot high Monopole Tower to operate a County-wide public safety radio system ("Tower") and for placement of an emergency power generator and equipment shelter. C. Upon the execution of a separate license agreement, Landlord may license space on the Tower from Tenant for public safety purposes for no cost, if there is space available. D. Upon prior written approval of Landlord, Tenant may 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 legal description of the property set forth in Exhibit B. 1.2. "Day" shall mean calendar day, unless otherwise specified in this Lease. 1.3. "Land" shall mean the legal description of property set forth in Exhibit A, which is located at 2840 Fisher Avenue, Commerce Township, Michigan 48390. 1.4. "Site" shall mean the Land and the Access Easement. 1.5. "Tower" shall mean the one hundred eighty-five (185) foot high monopole tower constructed by the County pursuant to Exhibit C. §2. Leased Site. Landlord leases to Tenant and Tenant leases from Landlord the real property legally described on the attached Exhibit A (the "Land") together with a non-exclusive easement for ingress, egress, and utilities over the adjacent real property legally described on the attached Exhibit B (the "Access Easement"). §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 2004-0076-01 CommaxiLease.doc §1 . Page 1 of 8 defend Tenant against any claim challenging Landlord's right to confer upon Tenant the right to occupy the Site with respect to land/title issues; 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 , 2004 ("Commencement Date") and end on the fifteenth (15th) 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. §5. Rent. 5.1. Tenant shall pay the Landlord, the sum of one dollar ($L00) ("Base Rent") annually during the Initial 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, placement of an emergency power generator and equipment shelter, 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. 6.3. Upon the execution of a separate license agreement, Landlord may license space on the Tower from Tenant for public safety purposes for no cost, if there is space available. §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. The plans and specifications shall become Exhibit C to this Lease. 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. 7.2. 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, driveway and parking areas, (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 also provide Landlord with the name of the contractor that will be constructing the improvements. 7.4. 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. 2004-0076-01 CommGrdLease.doc Page 2 of 8 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. 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 written consent, Tenant may 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. As a condition precedent to any such license, third parties shall be required to enter into a separate ground lease with Landlord. 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 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. §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 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. 2004-0076-01 CommGrdLease.doc Page 3 of 8 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. Within ninety (90) business days of termination, unless otherwise agreed to by the Parties, 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). 15.4. Upon termination of this Lease, Landlord has the option to purchase the Tower from Tenant for $1.00. If Landlord elects to purchase the Tower, Tenant's obligations contained in Section 15.3 do not apply. §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, 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 (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence. Upon termination of this Lease, Tenant shall be entitled to the reimbursement of any Rent 2004-0076-01 CommGrelLease.doc Page 4 of 8 prepaid by Tenant. 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 request 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. 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 at one and a half times the base rent (prorated on a monthly basis) 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: To Landlord: Charter Township of Commerce Supervisor 2840 Fisher Ave. Commerce Township, MI 48390 With a copy to: Philip Adkison To Tenant: CLE1VHS Administrator, Department of Information Technology 1200 North Telegraph Road, Building 49 West Pontiac, MI 48341 With a copy to: Property Management Specialist Oaldand 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 2004-0076-01 CommGrdLease.doc Page 5 of 8 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 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. §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 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. 2004-0076-01 CommGrdLease.doe Page 6 of 8 §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 stlict 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. IN WITNESS WHEREOF, executes this Lease on behalf of Landlord and accepts and binds the Landlord t the terms and conditions hereof on this day of ,2004, LANDLORD: CHARTER TOWNSHIP OF COMMERCE Thomas K. Zoner, Supervisor WITNESS: By: Date: Signed and sworn to before me in the County of Michigan, on the day of , 2004. By: Date: 2004-0076-01 CommGrdLease.doe Page 7 of 8 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 , 2004. 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 , 2004. Michael D. Hughson Notary Public, State of Michigan, Oakland County. My Commission Expires: 5/5/2008. Acting in the County of Oakland. 2004-0076-01 CommGrdLease.doc Page 8 of 8 EXHIBIT A - LEGAL DESCRIPTION All that part of the Northwest 1/4 of Section 22, Town 2 North, Range 8 East, Commerce Township, Oakland County, Michigan, described as; Commencing at the West 1/4 corner of said Section 22; thence North 02°10'45" West 566.07 feet along the west line of said Section 22; thence North 87°49'15" East 866.16 feet TO THE PLACE OF BEGINNING OF THIS DESCRIPTION; thence North 86°06'04" East 30.00 feet; thence South 03°53'56" East 30.00 feet; thence South 86°06'04" West 30.00 feet; thence North 03°53'56" West 30.00 feet to the place of beginning of this description. Part of Parcel no. 17-22-154-008. EXHIBIT B--ACCESS EASEMENT A 20.00 foot wide easement in that part of the Northwest 1/4 of Section 22, Town 2 North, Range 8 East, Commerce Township, Oakland County, Michigan, the centerline of which is described as; Commencing at the West 1/4 corner of said Section 22; thence North 02°10'45" West 566.07 feet along the west line of said Section 22; thence North 87°49'15" East 866.16 feet; thence South 03°5356" East 15.00 feet TO THE PLACE OF BEGINNING OF THIS CENTERLINE DESCRIPTION; thence South 73°32'34" West 108.46 feet; thence South 87°49'15" West 72.00 feet to the easterly right of way line of Fisher Avenue for the place of ending of this centerline description. Part of Parcel No. 17-22-154-008. SITE LOCATION - ^ SITE LOCATION MAP SCAM WS 1.301.1nn .4.1.1114. AMMAN. SITE 10.081 1090 2840 I-SHER ROAD COMMERCE, MICHIGAN 48390 PROPERTY OWNEk CHANTER TOWNSHIP OF COMMERCE 2840 RARER ROAD COMMERCE. MICITIGN4 48390 0045001: THOMAS 202009, 882005000 P01090: 240.8902070 20 INFORMATION: CENTER OF (EASE PARCEL: LAP. 42° 33. 47 9e N LONG: 83° 22 44.62 W GROUND ELEVATION: 9291 PISS INFORMATION: NOATHWEST 1,14 SECTiON 22, 1281, R8E COMMERCE TOWNSHIP OAKLAND COUNTY MICHIGAN I"A= WALE. - A 1159.0 D•315 784.0160411 CGANINGS 0048.001 (AWN. C111.048 .171.41,9 ALLOW Al 4.37 9.11INNG OAS Kit 1.1A91.16. T-1 RADIAN COMMERCE TOWNSHIP COMMERCE, MICHIGAN PERMIT DRAWINGS 185' MONOPOLE TOWER MARCH 2004 PROJECT DIRECTORY: PROJECT INFO: CLIENE RADIAN COMMUNICATIONS SERVICES CORP 21260 HAGGERTY ROAD $131E AA.19 EARIMiNGTON HILLS. 841 48331 CONDCI, DAN PHIFER PHONE 248.84&1059 PROJECT SPONSOR: CAKE AND CLIJNIY. amts PROJECT COUNTY SERVICE CENTER 1200 1404111 TELEGRAPH ROAD PONTIAC., MICHIGAN 48341 -0421 CON1ACE PATRICIA i1OATES PHONE 248.452.9947 ENGINEER: EDGE CONSULTING ENGINEERS, INC 624 WAIF R STREET PRAIRIE SAC. WI 53878 CONTACT: KEN MUNK:4A' ROT PHONE 6083441449 FAX: soa 079.1718 SURVEYOR. WILLIAMS 910400 459 OTTOWA 82254 NW 304840 10424W. 50 49353 CONIAC1: RANDY KCI.HOUSE PHONE 616224.15110 1982 0163241932 ENGINEER SEAL: 00844 LOCATIONOr PAPOCIPANIP UNINO6ROUND .01.111CS BEFCAVOIJ PG 70 NACHGAN CAli 0. SYMIAS.INC, 1-800.2.7171 TOLL MEE Ifbahligiannd County OAKLAND COUNTY cinus SHEET INDEX: NO.: PAGE TITLE: T-1 TITLE SHEET S-1 SITE SURVFY S-2 SITE SURVEY * C-1 SITE PLAN C-2 COMPOUND LAYOUT A-1 ELEVATION * PREPARED BY OTHERS I HEREBY CERTIFY THAT THLS PLAN SET WAS PREPARE() IN MOOR UNDER MY 1289E01 SUPERVISION AND 11W1 AM A DULY UOENSED PROEDEK)PlAt ENGINEER UNDER THE LAWS CP THE STATE OF MK...111GAN. Agnature: a 2 4 I- co a w zI w u I ID I- w ui w u u j CC EC Will E E P E E 00 Do 0 8104m4.244Nram10c 1,4 \"g _J 7•• ........ ""m591551:111,9,1).))0 maGt4F-TIC TRUE ! I I 1,4 H I -00,0,---3,,TIE--•.,,i. •00,3.Ep. 0; 5 3 10 - E ! 1 : : diMg, A ., ' g s pe„Xi p i4 44 i5i 4 Oi *0 11g! fiW i = Mid ** — 40 NI .11 S 2 n N 2 SURVENTD Fi ! I Williams &Works • a Li-Ada/on of service • 549 Ottawa, N.W. • Grand Rapids, MI 49503 P115)(x (616) 2241500 • Fax (616) 224.1501 Fri i; I RADIAN )(Mond County =MI 11124 IINN4 SA* (SEAS. AO Sea. VA SNES 5019.11444.14A9 60411970 NA innE4Speconoult.com ;sin" Wu..., San Illevng (Edge f. I 3 VOW11 111 TScia CALL LESS DIG. 11.0.4•111-7171 Acir t000-tam-nn 200 VICINITY MAP N.T.S. 100 SCALE IN FEET IHIENSIOMS GATE DESORNISON TA NC CORNER SECTION 22 0210, RBE 221401701110 tOJ2ISTTt14 ?..f..REEI. CONMEPAY C;1.11,11,11:::---1CtE E.1,..ii•itt 4 4B'± I r RAND I' Kiv LAND STIFIVEYCI: No ....... •• 22 COIAIERCE TV/P. SIW NOOSEA SITE .1344 SITE ADDRESS 2140 AVI 031111RENCE, 4113.0 SHEET TITLE S2 1 ENV PROAECI 20.71.311, 1 J!,t•!-fr-,4'!'.•613 i _ _ E 1 ▪ :0 g 6'4 • ;:z. RANDY J. KO&NOUSE P.S. 15854 1 _ _ PM/E.T. 17. V2 ILI UJ LU Er. SURVEYOR'S NOTE ▪ SMANAS4 Cr TN SOWN IS IMAARANO FROM NOM INOINA1041 A. NAOPROUNIE DiF TOPOORANCY. SURVEY IDA THIS IMP WAS PERFORM° N OECCIWIER 16. MVP 7, OE 1.”2[11 AS COWSTRUCTIOM ORAWMICZI. LEGAL DESCRIPTION MOT MIX MN TAX IMICIAP1010 TN. EWE, SEC 32 PAST CP' F /2 OP SW I/O Of AT 1/4 KC ON SET (NT SEE 01,1SIIER AWE OtSt 00-20-00 VI AMU FT FAN S LOA OF NUTS N 00-20-03 NO N, 111 S M-N-S0 E 10130 FE, 11.1 S 00-20-N AO 11. TH S MI-20-70 IE 40 N. M 90-10-00 II 40 FT. N S E 217 FL RI N 00-20-00 E 375 F1, OFF e4-20-30 197 FT. Di CO-N-00 W 55 FE TM N-20-S0 VALS Ft IV Ma SITE #1344 COWAERCE TWP. -1 .+1 PROPOSED Je'N.30' LEASE AREA PROPOSEO 20.00' -- WOE INGRESS/EGRESS \ EASEMENT — — 202' -s•-••=—T SECtION ef25 025. RTE NAAR • (7:7 7 1 I - , I I , < 2 I a uj • Cl) • _ A A .11. 04...111 ors Et . r t ROI OAR: vnezu , -,• L --',...!.- . • I , . , . . 1 C.-#1 1 ti t l 1 1 I 11 1 CDIMJ d 13 Udi EXETUE R&•12)-'71 -7- L' ," • ! I! ! 4 4' ii • , COMMf7RCF TOW,SHIP 1:71Wly N.ALL a.z in 0 z zI 3 J E a 1- w - w u tc !ui W (1) 2 E E 2 00 12,1.31.131.1.4p1 OGIAIMS11101.1.1.-51 L. * WI coml1NE OF TOWER: 1401714. SOUSE .71 EMT: 44e, 4/. MASI' 21:11. , FIRE DEPARIMEN1 1 , ,1___ t / FM713f1CaP KflIAOICOILIPOLIND . A ... .... . . 1 1 • . r- • -.i , ' ' ' ' '"' ' -- ..10.00.1.1.....11 ; 0 C E 2 t Iwo aLu.,r..1.2u. ;WKS. lEE MO4C1POLE .OW0' CO.Whi Z1 NORTH 1.6.6 I MAW COMMERCE 1CMISSHIP TOWN liAll VOI flf94.11 COUPI 7c. GPM JAM FV.11 CP.P4 PL. .42.1 111PC.E.NIPPWR. 1.941 PRCP0.0 LANDSCAFF OURBI RFTEEN ( 15) .0,..01.4 FM= / / / PROPC60 NI X XeCt...0.1, --1 7 * \ 0 * * * * 1 z 2 I < 4 co 2/ a 0 E 0 1- 2 w ui 3 a 0 w w E E 0 E 2 00 U u u CI. PROPOS. IT WANG GAtt 4 1 <I 1 PROPOSED ACCA, DOC* ;05[D AC Und MOJP(“Pil LalrY I.. K..) PAVI P.141,16,021,4 EXISTING GARAGE SCALL C-2 PROPONIO MOM OYU — 04111..114.42.17 1 0 t "0 Ivol OPI!!!1 111;011- I A. 174, ///— usNrIOIN (N,1 — PEOPOIED DEMO CO.10 ONNI ANITNNA 0.do COLNIOVIONaNCAN4 odac Tv.C.J. MCI 00 04131 CIRPSYN1 OCII.COPONIONi P.1.611:11,111,,H0.1• 1. occocc.31.NuNNI.N.A9.0• 2 a, 2 0 < < I > P- E w Lui u U IX IX W W 2 0 B NROPrIc0 INONCSMONOLF —/ PtVZOO. NO oca . MOM. ROW.. NIANOWc. DiNecm Ol NOM. MCA., Nyug.F4 slittl A-1 f..c.AIN.I,10.9 NAPIN1.314 NINCVON ANTENNA WIN MOLL,. Nc4N6B /NO.. Nfrcer GRP.. Mr ;1 I TOWER PROFILE IWEST ELEVATION] MIS oc.i .73‘01.11NI. cck.orNocc Resolution #04284 September 22, 2004 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (MISC. 104284) October 7, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST TO RESCIND MISCELLANEOUS RESOLUTION NO. 04115 AND APPROVAL OF LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF COMMERCE 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. A Construction License and Lease Agreement between Oakland County and the Charter Township of Commerce was approved by the Board of Commissioners by Miscellaneous Resolution #04115 for the construction and lease of a radio communication tower on landed owned by Commerce Township. 3. The Commerce Township Board has subsequently requested that the Construction License and Lease Agreement be voided and a Lease Agreement be accepted and approved in its place. 4. The resolution rescinds Miscellaneous Resolution #04115 and approves and authorizes a Lease Agreement for radio tower construction and lease purposes between the County of Oakland and the Charter Township of Commerce. 5. Under terms of the lease agreement, the County will construct, operate, and maintain a new radio tower and related equipment for the County-wide radio system at County expense on land provided by the Township. 6. The County may lease space on the tower to the Charter Township of Commerce at no cost and to third parties if space is available. 7. Operation and maintenance of the tower and related equipment will be the responsibility of the County. 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. Resolution #04284 October 7, 2004 Moved by Wilson supported by Kowa!l the resolutions on the Consent Agenda be adopted. AYES: Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long, McMillin, 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. 06°' ' 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 October 7th, 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 7th day of October, 2004. G. I William Caddell, County Clerk .