HomeMy WebLinkAboutResolutions - 2005.06.30 - 27880NG AND BUILDING COMMITTEE
June 16, 2005
MISCELLANEOUS RESOLUTION #05116
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — REQUEST FOR APPROVAL OF
CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION
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 MR #98308, recognized
that the County's current 800MHz radio system needed to be upgraded and expanded to encompass all
public safety agencies and to create interoperatibility between public safety agencies; and
WHEREAS, the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and MR
#99279, authorized the levy of a four (4%) percent emergency telephone operational charge to pay for a
new County-wide radio system that will have the ability to encompass all public safety agencies and
create interoperability between public safety agencies; and
WHEREAS, to properly implement and operate the new County-wide radio system, the County
will need to build towers, lease land, and/or lease space on towers at sites throughout the County; and
WHEREAS, it is the recommendation of the Departments of Facilities Management and
Information Technology that the Oakland County Board of Commissioners accept and approve the terms
and conditions of the attached Construction License and Lease Agreement.
WHEREAS, under the terms and conditions of the attached Construction License and Lease
Agreement. the County will construct the tower and related equipment at 2525 Joslyn Road, Lake Orion,
Michigan. Upon completion of construction of the tower the County will sell the tower and related
equipment to the Township for one ($1) dollar, and the Township will lease the County space on the
tower for one ($1) dollar per year.
WHEREAS, the Departments of Facilities Management, Information Technology, and Corporation
Counsel have reviewed and/or prepared all necessary documents related to the attached construction
license and lease agreement,
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached construction license and lease agreement for radio tower construction
and lease purposes between the County of Oakland and the Charter Township of Orion.
BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs
its Chairperson or his designee to execute the attached construction license and lease agreement and all
other related documents between the County of Oakland and the Charter Township of Orion, 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 on unanimous roll call vote
CONSTRUCTION LICENSE AND LEASE AGREEMENT
This AGREEMENT ("Agreement') entered into this day of , 2005, 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 ("County") and
Charter Township of Orion a municipal corporation located at 2525 Joslyn Rd., Lake Orion, MI
48360 ("Municipality").
BACKGROUND
A. Municipality is the owner in fee simple of a parcel of land located at 2525 Joslyn Rd., Lake Orion,
MI 48360 whose legal description is set forth in Exhibit A ("the Land").
B. County is a municipal and constitutional corporation desiring to construct a two hundred and forty
(240) foot high Lattice Tower to operate a County-wide public safety radio system ("Tower") on
the Land.
C. Upon completion of the construction of the Tower and upon final acceptance of the Tower by the
County from its contractor, the County will sell the Tower to Municipality for $1.00 in exchange
for lease space on the Tower and the Land for the County's public safety radio equipment.
D. In consideration of the mutual covenants contained in this Agreement, the Parties agree to the
following terms and conditions.
ARTICLE I - DEFINITIONS
1. "Agreement" shall mean this Agreement including Articles I, II, and III and all exhibits attached to
this Agreement.
2. "Commencement Date" shall mean the date that Tower ownership is transferred by written
document to the Municipality.
3. "Day" shall mean calendar day, unless otherwise specified in this Agreement.
4. "Equipment" shall mean all County public safety radio equipment and related equipment set forth
in Exhibit B.
5. "Exhibits" shall mean the following that are attached or shall be attached when available: (1)
Exhibit A is a legal description of the property subject to this Agreement; (2) Exhibit B is the
plans, drawings, and specifications for the Tower; (3) Exhibit C is the copies of any approvals,
permits, or licenses issued by the Municipality.
6. "Interference" shall mean a material impairment of the quality of sound, picture, or data signals of
any broadcasting activity or electronic equipment use as compared with that which would be
obtained if no other entity were using or had equipment on the Tower different than what existed
or had been approved for installation at the Commencement Date.
7. "Land" shall mean the legal description of property set forth in Exhibit A, which is located at 2525
Joslyn Rd., Lake Orion, MI 48360.
8. "Site" shall mean the vertical space on the Tower and space on the Land for the placement of the
shelter and generator.
9. "Tower" shall mean the two hundred and forty (240) foot high Lattice tower constructed by the
County pursuant to Exhibits B and C.
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ARTICLE II- TOWER CONSTRUCTION LICENSE
1. The County and its contractors, consultants, agents, and employees shall have a license to
enter in and upon the portions of the Land, as necessary, to construct the Tower in the
location and manner depicted and described in Exhibit B.
2. Prior to commencing construction, the County shall submit all plans for construction of the
Tower to the Municipality for approval (such approval shall not be unreasonably withheld).
The construction plans shall become Exhibit B to this Agreement. Prior to construction, the
County shall apply for and obtain all necessary governmental approvals, permits and/or
licenses to construct the Tower pursuant to Exhibit B. All governmental approvals, permits,
and/or licenses issued to the County by the Municipality or any other governmental entity
shall become Exhibit C to this Agreement.
3. Construction of the Tower shall be at the sole cost, expense, and risk of the County, with the
exception of any permit or other fees that would otherwise be payable to the Municipality,
which are hereby waived.
4. All construction activities shall be conducted in a good, professional, workmanlike manner,
in compliance with all applicable laws, regulations, rules, and ordinances, and without
damage or injury to the Land, persons lawfully on the Land, property of the Municipality, or
third persons on the Land.
5. Immediately after completion of the Tower construction, all areas of the Land that were
disrupted or disturbed shall be restored by the County to a condition that was as good as what
existed prior to commencement of construction.
6. The County shall require its contractor to provide a Performance Bond in the amount of
100% of the Tower construction costs.
7. Upon completion of the Tower construction and final acceptance of the Tower by the County
from its contractor, ownership of the Tower and all warranties for the Tower shall be
transferred by the County to the Municipality in a written document, which the Municipality
shall accept upon determining that the Tower and related work has been satisfactorily
completed.
8. If for any reason construction of the Tower is not completed by the County and upon written
request of the Municipality, the County shall remove that portion of the Tower that was
completed and restore all areas of the Land that were disrupted or disturbed to a condition
that was as good as what existed prior to commencement of construction, or the Municipality
may complete construction of the Tower, in which case any work completed by the County
shall become the property of the Municipality without any payment or other obligation.
ARTICLE III - LEASE AGREEMENT
§1. Agreement Site. The Municipality leases to the County and the County leases from the
Municipality the vertical space on the Tower for the installation, maintenance, and
operation of public safety radio equipment and related equipment as set forth in Exhibit B;
and space on land for the placement of the shelter and generator. The Municipality grants
the County an easement for ingress and egress and for utilities as set forth in Exhibit A and
B.
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§2. Term.
2.1. This Lease Agreement shall commence on the date that the Tower ownership is
transferred to the Municipality ("Commencement Date") and end on the fifteenth
(15th) anniversary of the Commencement Date. Upon expiration of the Initial Term,
this Agreement may be renewed for three (3) additional terms of five (5) years each
(Renewal Term), unless this Agreement is terminated earlier as provided in this
Agreement, or the County provides written notice to the Municipality of its intent not
to renew the Agreement.
§3. Rent;
3.1. The County shall pay the Municipality, the sum of one dollar ($ 1.00) ("Base Rent")
annually during the Initial Tenn and any Renewal Period of this Agreement, as rent for the
Site.
§4. Use of Site.
4.1. The County shall use the Site and/or Tower for the operation of Equipment, for placement
of a shelter and generator, or as agreed to by the Parties in writing.
4.2. The County's use of the Site will comply with all applicable laws, regulations, rules, and
ordinances.
4.3. The County and Municipality shall not install equipment or conduct operations on the
Tower and/or Site in a manner which will prevent, obstruct, or interfere with the other
Party's communication uses of the Tower and/or Site as set forth in this Agreement.
§5. Installation, Alterations, Repairs and Maintenance of Equipment
5.1. The Equipment to be placed or installed at the Site is set forth in Exhibit B.
5.2. The County may replace used, broken, or obsolete Equipment with equipment that has
similar physical dimensions, characteristics, and impact as the existing equipment,
provided notice is given to Municipality before or within a reasonable time after
replacement. The County shall not install equipment in a manner that may adversely
affect the physical and structural integrity and capacity of the Tower and/or Site as
designed or that causes damage to Municipality's property.
5.3. Except as allowed in Section 5.2 above, the County shall not make any other alterations or
improvements to the Tower and/or Site without Municipality's prior written consent,
which shall not be unreasonably withheld. The Municipality shall not be required to
consider any request by County under this Section unless it is accompanied by detailed
plans and specifications, which if approved, will amend the appropriate Exhibits to this
Agreement.
5.4. The County shall be responsible for obtaining and paying for all governmental approvals,
permits, and/or licenses necessary for the installation, alteration, repair, and maintenance
of the Equipment.
5.5. The installation, alteration, repair, and maintenance of the Equipment shall be performed
in a workmanlike manner (consistent with good construction and engineering practices)
and shall be completed in compliance with all applicable laws, rules, ordinances, and
regulations.
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§6. Interference The Parties recognize the potential for broadcast and electronic interference inherent
in multiple use of the Tower and the need to cooperate with each other to provide reliable public
safety radio communications while preventing the occurrence of interference and promptly
eliminating it if it occurs.
6.1. Each Party shall create and maintain a written record of the day, time, and nature of all
equipment placed, or work performed on the Tower or Site, and of any changes or
adjustments made in their operations. As between the Parties and without waiver of any
exemption from public disclosure under the Freedom of Information Acts, such records
shall be disclosed to the other Party in connection with an Interference claim.
6.2. The Parties shall promptly notify the other of any Interference experienced with their
respective broadcasting activities believed to be attributable to the other Party's activities
including the date and time it was first experienced and a description of the Interference.
6.3. If Interference with either Party's broadcast activities or electronic equipment is caused by
a change in the Municipality's or County's Equipment or operations from those which
existed upon Commencement Date, the Parties will cooperate in taking reasonable steps to
correct the condition causing the Interference, as provided in Section 6.4.
6.4. Claims regarding Interference and any disagreements regarding the existence and sources
of Interference shall be resolved consistent with the following general principles or as may
be otherwise agreed by the Parties.
(i) Time is of the essence.
Interference claims should be specifically described, and whenever possible,
specify the alleged or potential sources and proposed or requested corrective
measures.
Parties alleged to be causing Interference shall voluntarily implement
requested corrections if it is possible and it can be done without compromising
public safety communications, consistent with their analysis of the claim.
Parties causing or contributing to Interference shall be responsible for the cost
of correction.
Disputes regarding the existence and/or sources of claimed Interference shall
be resolved, when necessary, by analysis and opinion of an independent
expert, selected at random, from names submitted by the Parties involved in
the dispute, with the cost of the independent expert to be paid pro rata by the
Parties found to be causing or contributing to the Interference.
6.5. If Municipality licenses or leases space on the Tower to other entities (besides the
County), such license or lease agreement shall contain a clause that states the other entity
shall not cause Interference with the County's Equipment on the Tower and/or Site. The
license or lease agreement between the Municipality and the other entity shall also include
a clause that requires the other entity to correct any Interference that it might cause with
the County's Equipment immediately upon written notice by the County of such
Interference.
(iii)
(iv)
(v)
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§7. Assignment and Subletting.
7.1. The County shall not assign this Agreement in whole or in part, or sublet all or any part of
the Site without the Municipality's written consent.
§8. Maintenance of Tower and Site.
8.1. To ensure physical and structural integrity, the Municipality shall, at its own expense,
maintain the Site and the Tower (consistent with its design) in good working order,
condition, and repair, and in compliance with all applicable laws, regulations, rules, and
ordinances. The Municipality and the County shall keep the Site free of debris.
§9. Access to Site.
9.1. The County shall have the right to access the Site twenty-four (24) hours a day, seven (7)
days a week.
§10. Utilities.
10.1. The County shall provide the electric and other utility services, including emergency
generator power, necessary for the operation of the public safety radio equipment and
related equipment set forth in Exhibit B.
§11. Quiet Enjoyment.
11.1. The County shall peaceably and quietly enjoy and hold the rights and the privileges
granted under this Agreement without hindrance or interference by the Municipality.
§12. Governmental Approvals.
12.1. This Agreement is contingent upon the County obtaining and maintaining all necessary
governmental approvals, permits, and/or licenses that the County deems necessary and are
required by law. If such approvals, permits, and/or licenses are not obtained or
maintained, then the County may terminate this Agreement and proceed pursuant to
Section 13.
§13. Termination.
13.1. Termination by Municipality: Upon thirty (30) days written notice, the Municipality may
terminate this Agreement if: (1) The County fails to use the site according to use set forth
in Section 5, or (2) the County is in breach of the Agreement and has failed to cure the
breach within sixty (60) days of receiving notice from Municipality that County is in
breach. The notice from Municipality, setting forth the breach, shall sufficiently describe
the breach so as to give the County enough information to cure such breach.
13.2. Termination by County: Upon ninety (90) days written notice, the County may terminate
this Agreement if the County determines that this Agreement is no longer necessary for
County purposes or for technological reasons.
13.3. Within ninety (90) days of termination, unless otherwise agreed to by the Parties, the
County shall remove all Equipment from the Tower and/or Site.
§14. Condemnation.
14.1. In the event the entire Land is taken by eminent domain, this Agreement shall terminate as
of the date title to the Land vests in the condemning authority. In the event a portion of
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the Land is taken by eminent domain so as to materially hinder effective use of the Tower
and/or Site by the County, either Party shall have the right to terminate this Agreement as
of said date of title transfer, by giving thirty (30) days written notice to the other Party. In
the event of any taking under the power of eminent domain, the County shall not be
entitled to any portion of the reward paid for the taking and the Municipality shall receive
full amount of such award. The County shall have the right to claim and recover from the
condemning authority, but not from Municipality, such compensation as may be
separately awarded or recoverable by County on account of any and all damage to the
County and any costs or expenses incurred by the County in moving/removing its
equipment, personal property, and leasehold improvements.
§15. Damage or Destruction of Tower.
15.1. If the Tower or any portion of the Tower is destroyed or damaged so as to hinder the
County's effective use of the Tower, the Municipality shall repair such damage or rebuild
the Tower as soon as possible and restore the Tower to the same condition which existed
immediately prior to the damage or destruction. Notwithstanding the previous sentence,
the County shall have the right, at its discretion, to repair or rebuild the destroyed or
damaged Tower, with the reasonable costs to be paid by Municipality.
§16. Liability.
16.1. Each Party shall be responsible for its acts, the acts of its employees and agents, the costs
associated with those acts, and the defense of those acts.
§17. Environmental Matters.
17.1. For purposes of this Agreement, "Hazardous Material" includes any ha7ardous, toxic or
dangerous waste, substance or material as defined in the Comprehensive Environmental
Response, Compensation, and Liability Act, or any other existing federal or state statute,
relating to, or imposing liability or standards of conduct concerning any hazardous, toxic
or dangerous waste, substance or material.
17.2. County will not generate or store any hazardous material on or about the Site, unless
approved by the Municipality.
17.3. The provisions of this Section shall survive the termination of this Agreement.
§18. Insurance.
18.1. The County is self-insured with respect to general liability claims. The County has
purchased a separate insurance policy for property claims. The Parties mutually agree to
have their property insurance companies endorse their respective policies and issue policy
endorsements evidencing the mutual waiving of the right of subrogation against the
opposing Party for loss which is covered under the policy of property/fire insurance.
§19. Hold Over.
19.1. Any hold over after the expiration of this Agreement with the consent of the Municipality,
shall be construed to be a tenancy from month to month and shall otherwise be for the
term, and the conditions herein specified, so far as applicable.
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§20. Notices.
20.1. All notices, requests, demands, and other communications required by this Agreement
shall be in writing and shall be deemed given if personally delivered or mailed, certified
mail, return receipt requested, to the following addresses:
To Municipality: Orion Township Clerk
2525 Joslyn Rd.
Lake Orion, MI 48360
With a copy to:
To County:
With a copy to:
Orion Township Supervisor
2525 Joslyn Rd.
Lake Orion, MI 48360
CLEMIS Administrator, Department of Information Technology
1200 North Telegraph Road, Building 49 West
Pontiac, MI 48341
Property Management Specialist
Oakland County Department of Facilities Management
1 Public Works Drive
Waterford, MI 48328
§21. Relationship of Parties.
21.1. Nothing contained in this Agreement shall be deemed or construed to create a relationship
of principal and agent or of partnership or joint venture between the Parties hereto.
§22. Headings.
22.1. The section headings used throughout this Agreement are provided for reader convenience
only and shall not be controlling in the interpretation of this Agreement.
§23. Entire Agreement
23.1. This Agreement constitutes the entire understanding between the Parties and supersedes
all prior offers, negotiations, and/or agreements between the Parties relative to the subject
matter addressed herein. The Parties represented that there are no understandings,
representations, or promises of any kind, oral or written, that have been made by
Municipality to induce the execution of this Agreement except those expressly set forth in
this Agreement.
§24. Invalid Provision
24.1. The invalidity or unenforcability of any sections or subsections of this Agreement shall not
affect the validity or enforceability of the remainder of this Agreement or the remainder of
any sections or subsections. This Agreement shall be construed in all respects as if any
invalid or unenforceable sections or subsections were omitted.
§25. Governing Law and Venue
25.1. This Agreement shall be construed in accordance with, and subject to, the laws of the
State of Michigan. To the extent provided by law, any action at law, suit in equity, or other
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judicial proceeding for the enforcement of this Agreement or any provision thereof shall
only be instituted in the Oakland County Circuit Court, a District Court located in Oakland
County, or the United States District Court for the Eastern District of Michigan, depending
on the nature of the action, suit, or other proceeding.
§26. Amendment
26.1. This Agreement may not be changed, modified, amended, or altered, except by an
agreement in writing, signed by both Parties.
§27. Succession
27.1. This Agreement is binding upon the Parties and shall be binding upon their successive
heirs, representatives, administrators, successors, subcontractors, and assigns.
§28. Force Majeure
28.1. Each Party shall be excused from any obligations under this Agreement during the time
and to the extent that a Party is prevented from performing due to causes beyond such
Party's control. Reasonable notice shall be given to the affected Party of any such event.
§29. Discrimination
29.1. Either Party shall not discriminate against an employee, an applicant for employment, or
another person or entity with respect to hire, tenure, terms, conditions, privileges of
employment, or any matter directly or indirectly related to employment in violation of any
federal, state, or local law.
§30. Reservation of Rights.
30.1. The Agreement does not, and is not intended to, impair, divest, delegate, or contravene
any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or
immunity of either Party.
§31. No Implied Waiver
31.1. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any right
or remedy under this Agreement shall constitute a waiver of those rights with regard to
any existing or subsequent breach of this Agreement. No waiver of any term, condition,
or provision of this Agreement, whether by conduct or otherwise, in one or more
instances, shall be deemed or construed as a continuing waiver of any term, condition, or
provision of the Agreement. No waiver by either Party shall subsequently effect its right
to require strict performance of this Agreement.
§32. Remedies Not Exclusive.
32.1. The rights, remedies, and benefits provided by this Agreement shall be cumulative, and
shall not be exclusive of any other rights, remedies and benefits, or of any other rights,
remedies, and benefits allowed by law.
§33. Counterparts.
33.1. This Agreement may he executed in several counterparts, each of which shall be an
original and all of which shall constitute one and the same instrument.
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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 ,2005.
CHARTER TOWNSHIP OF ORION,
a Municipal Corporation
By:
Date:
WITNESS:
By:
Date:
STATE OF MICHIGAN
COUNTY OF OAKLAND
This instrument was acknowledged before me by , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed
to within this instrument and acknowledged to me that he/she executed the same in his/her authorized
capacity, and that by his/her signature on the instrument, the entity upon behalf of which the person
acted, executed the instrument.
Signed and sworn to before me in the County of Oakland,
Michigan, on the day of , 2005.
Notary Public, State of Michigan, Oakland County.
My Commission Expires:
Acting in the County of Oakland
NOTARY SEAL
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IN WITNESS WHEREOF, Bill Bullard, Jr. 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 , 2005
COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation
By:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
Date:
WITNESS:
BY:
Date:
STATE OF MICHIGAN
COUNTY OF OAKLAND
This instrument was acknowledged before me by Bill Bullard, Jr., personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person whose name is subscribed to within this
instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and
that by his/her signature on the instrument, the entity upon behalf of which the person acted, executed
the instrument.
Signed and sworn to before me in the County of Oakland,
Michigan, on the day of , 2005.
Michael D. Hughson
Notary Public, State of Michigan, Oakland County.
My Commission Expires: 5/5/2005.
Acting in the County of Oakland
NOTARY SEAL
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EXHIBIT A
LEASE AREA
All that part of the Southeast 1/4 of Section 21, Town 4 North, Range 10 East, Orion Township,
Oakland County, Michigan, described as; Commencing at the East 1/4 corner of said Section 21;
thence South 87°36'10" West 1651.60 feet along the East-West 1/4 line; thence South 02°23'50"
East 91.40 feet TO THE PLACE OF BEGINNING OF THIS DESCRIPTION; thence South
02°23'50" East 40.00 feet; thence South 87°36'10" West 40.00 feet; thence North 02°23'50" West
40.00 feet; thence North 87°36'10" East 40.00 feet to the place of beginning of this description.
Part of parcel no. 09-21-376-002.
EASEMENT
A 20.00 foot wide easement in that part of the Southeast 1/4 of Section 21, Town 4 North, Range
10 East, Orion Township, Oakland County, Michigan, the centerline of which is described as;
Commencing at the East 1/4 corner of said Section 21; thence South 87°36'10" West 1651.60 feet
along the East-West 1/4 line; thence South 02'23'50" East 91.40 feet; thence South 87°36'10"
West 25.00 feet TO THE PLACE OF BEGINNING OF THIS CENTERLINE DESCRIPTION;
thence North 02°23'50" West 40.00 feet to point "A"; thence South 87°36'10" West 178.00 feet;
thence South 66'11'1 1 West 49.00 feet; thence South 85°34'56" West 86.00 feet; thence North
04°25'04" West 39.39 feet to the southerly right of way line of Greenshield 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
87°36'10" East 25.00 feet to the place of ending of this centerline description. Part of parcel no.
09-21-376-002.
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SITE LOCATION
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25251000M ROAD
LAKE ORION (ORION TOWNSHIP). MICHIGAN
PROPERTY OWNER
ORION TOWNSHIP
2025 JOSLYN ROAD
LAKE ORION. MICHIGAN
CONTACT: SUPERVISOR GERALD DYWAPP(
PHONE: 248 3910304
20 INFORMATION:
CENTER OF LEASE PARCEL
LAT 42. 44' .31-06. N
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GROUND ELEVATION: 999
PESS INFORMATION.
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SECTION 21, THY. RIDE
ORION TOWNSHIP
OPERAND COUNTS
MICHIGAN
446
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PERMIT DRAWINGS
240' TRI—POLE
FEBRUARY 2005
PROJECT DIRECTORY: PROJECT INFO:
C1 INT:
RADIAN CONIVILMICATICOIS SERW-15 CORP
272E0 IIAC6GERIN ROAD
SUITE 1A49
FARMINGTON HILLS N8 48131
CCVITACI 'DAN PHIf ER
PHONE 246 846
PROJECT SPONSOR
OAWAND couNry, OEMS PROJECT
COUNTY SERVICE CENTER
1200 NORTH TELEGRAPH ROAD
PONTIAC. MICHIGAN 48341-0421
CONTACT PATRICIA CONIES
PHONE 2413 AS2 9041
ENGINEER
EDGE COW:LING ENGINEERS. INC
624 WATER STREET
PRAIRE DU SAC. VP S3678
CONTACT ERN BACMGARDT
PHONE 600.644E1449
FAX PE4879 1718
SUITMOR
WILLIAMS & WORKS
42,7 OTTOWA AVE . 6W
GRAND RAPIDS. MI 49052
CONTACT: RANDY KOLHOUSE
PHONE: 616224.151M
FAX: 616224.1502
.011441004100, A*110**0 1100004000
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SITE #256278
ORION TOWNSHIP
PARCEL. 1411 09-21-2N-00a
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SEC 21,
704 0101
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TO. RIDE
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: RADIAN' ,
J. 001.104033 P.S 25654
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04.110 CCUNIT CMOS
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SITE *256278
MON TOWNSF113
S., P.m..
NI Edge
024 aloole 51.1 4444.0
Pref. 44 Tom, 52510
4091644.1443 vacs
1100 019_1710 km
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REVISIONS
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LEGAL DESCRIPTION
PICP01102
1040 4004
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LEGAL DESCRIPTION
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the 40.0I1y apla ut 007 R. of Crealia4 Road for 1161 Pa. el 0.19 11 RR ...As 0000144.; 00. 300.014004 FYI 04 442044.2.1 FOR Tat Plait OF 40011114. a 0.30.7600004
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5E1 VICCOSTUCE C
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fa. 6001 wARIIS
APRS= 1064/1174 CP
LEASE CORNEAS
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1.447477 AMU, IAA
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PARCEL.
PARCEL. WTI
(6 •.),1-21.-"j7):,-.1,77,2
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71-02-7d
09/17/03 1716 86 NB IA.
o rau /AN
POATE 40 t77-41.0 41T
KC 725022 007
L1) 00)40
ORION TOWNSHP
I 5172 NUMBER Il
DOE 4-258278
I 511E 00030515
2525 JOILYN ROAD
LAKE MON, OD
413360-1062
9IE01 11412
S1
SURVEYOR'S NOTE
TIE PLOW.. Dr DC SURAIS S ALL611141760 MOD
RECORD 1100.1111000 ARO S APPIPOSIDAIE
IHE T0P0CRAP116444, SURVEY /DR SOS YAP RAS
PERFCRSED SEPTEIRIPA 17. 2003.
4121T0 SE ORM AS CONSTRUCTION 001111020,
ELEVATION DATUM
ALL (211141106 0W RAND CR RAM 1111 DARN,
60460110 ARE ILL/STRAW AT 1.2 0461411415
0.19 UPC 700073 DOM CIO ON NEST SOC Of 11011 POLE 100ff SCUIN Cl CREDIPELO o /4 764
%EST Cr AGSM ENEARNCE 03 NAST POE Cl
•OC.
FLOOD PLAIN INFORMATION
TAR 717101430 Of ORION 00E5 NOT PARROPATE Of TR 1£112 PROGRAM INCOEFORE NO 100 YEAR 01060
MEWS. HAS KEN DEIERIANEO.
BASIS OF BEARINGS
15110.04 4440 LONGSDOE OF SIX 11E110010E POOR
ARE. 6.10 . HARR DOOM ALCOA./ NETNORN) 014013 110441
NERRIRCS AA6 BASSI ON TRUE NO1071 DETERIONED BP IVAN (1101 ACCuRACN AESTERENCE 0(140416) NAO. (7994)
PROPRIETOR
Mr:25'7'r :0
UAL ORION, IP 46260 -OISE
PROJECT DIRECTORY:
CLIENT: 100241 000140142411053 SERVICES coo P. • DAN P.M
22250 04,24161. ROAD. SurrE fARANNOTON MOS 141 411371-1410
14/104E/ 201.1144.1050
PROJECT SPERSOR OM.. COWES 0.24412 14110.4c1
CATIff SERNCE CENTER 1200 NCR. TELEGRAPH RD.
PONTIAC. 14/104GAN 4.41-.21 CONTAct •411604 COPIES
MIME/ 2614511947
ENCINECOL EDGE CONSUORD ORAN., RR
02401016* 1I5011 ARSINE OU SAE. Al 53516 CC.14.66 KEN DROUGAROT 1/0.6• Dos. 1.1119
• D20 62914111
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6111.4104S • WORKS 549 orlaya AVE, N
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011046/ 116 224.1500 Fkiz 616.224.1302
11"'E'llUTE 71"/T.
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LEGAL DESCRiPTION
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PARCEL NM 00-21-376-0113
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ORION TOWNSHIP, MICHIGAN
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GENERAL NOTES E 46F1,.. ----- ...
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C,... ...........• TRENCH DETAIL
E C — 1
Resolution #05116 June 16, 2005
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (M.R. #05116) June 30, 2005
BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT - REQUEST FOR APPROVAL OF
CONSTRUCTION LICENSE AND LEASE AGREEMENT WITH THE CHARTER TOWNSHIP OF ORION
FOR THE NEW COUNTYWIDE RADIO SYSTEM
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced resolution and finds:
1. The Board of Commissioners, pursuant to MCL 484.1401 and
Miscellaneous Resolution #99279, authorized the levy of a four
(4%) percent emergency telephone operational charge to pay for a
new County-wide radio system, including construction of towers,
lease of land, and/or lease of space on towers at sites
throughout the County.
2. The resolution approves and authorizes a construction license and
lease agreement for radio tower construction and lease purposes
between the County of Oakland and the Charter Township of Orion.
3. Under terms of the construction license and lease agreement, the
County will construct a radio tower, equipment shelter and
install a generator at County expense on land provided by the
Township at 2525 Joslyn Road, Lake Orion, Michigan.
4. The County will sell the tower and related equipment to Orion
Township for one ($1) upon completion and Orion Township will
lease the County space on the tower for one ($1) per year.
5. Operation and maintenance of the tower, equipment shelter and
generator will be the responsibility of the Township.
6. The initial term of the lease is 15 years with three renewable
five-year terms.
7. No budget amendment is required.
FINANCE COMMITTEE
Cfit, cdeC
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Long absent.
I HEREBY THE FORGOING MIN
7/i /0
Resolution #05116 June 30, 2005
Moved by Gershenson supported by Palmer the resolutions on the Consent Agenda, be adopted (with
accompanying reports being accepted).
AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jamian, KowaII, Long,
Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Rogers, Scott, Suarez, Wilson,
Woodward, Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda were adopted (with
accompanying reports being accepted).
"WW1.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 June 30, 2005 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 30th day of June, 2005.
Ruth ditttrysoV, county Clerk