HomeMy WebLinkAboutResolutions - 2008.10.23 - 9622REPORT (MISC. #08217) October 23, 2008
BY: Planning and Building Committee Sue Ann Douglas, Chairperson
IN RE: MR #08217 — DEPARTMENT Or PARKS AND RECREATION — APPROVAL
AND ACCEPTANCE OF LICENSE AGREEMENT WITH VERIZON
WIRELESS, LLC FOR INSTALLATION AND OPERATION OF ANTENNAE AT
SPRINGFIELD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled
resolution on October 14, 2008, reports with a ruuiniriuildatiuri that the resolution be
adopted.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
A'
MISCELLANEOUS RESOLUTION #08217 Octtiber 2, 2008
By: General Government Committee, Christine Long, Chairperson
IN RE: DEPARTMENT OF PARKS AND RECREATION — APPROVAL AND ACCEPTANCE OF
LICENSE AGREEMENT WITH VERIZON WIRELESS, LLC FOR INSTALLATION AND OPERATION
OF ANTENNAE AT SPRINGFIELD OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, the County of Oakland is the owner of the Springfield Oaks County Park located at
12451 Andersonville Road, Davisburg, Michigan; and
WHEREAS, Verizon Wireless LLC has requested license space from the County on the water
tower at Springfield Oaks for the installation and operation of antennae for use in connection with its
communication business; and
WHEREAS, the Oakland County Parks and Recreation Commission has negotiated the terms
and conditions of a License Agreement with Verizon Wireless LLC for said antennae: and
WHEREAS, pursuant to the terms and conditions of said License Agreement, the County grants
Verizon Wireless LLC a revocable, non-proprietary, non-exclusive license to access and place
telecommunications equipment on the water tower and place an equipment shelter at Springfield Oaks
County Park for an initial term of five years with the option for three renewable five-year terms. Verizon
Wireless LLC shall pay the County an annual license fee of $27,000: the License Fee, throughout the
Term and all Renewal Terms, will be increased annually by 3% on the anniversary of the Commencement
Date; and
WHEREAS, the Departments of Facilities and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached License Agreement and recommend its
approval; and
WHEREAS, the Oakland County Parks and Recreation Commission, at its August 13, 2008
meeting, adopted a resolution in support of the approval and acceptance of the terms of the License
Agreement and all other related documents between the County of Oakland and Verizon Wireless LLG.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached License Agreement between Vie County of Oakland and Verizon
Wireless LLC.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs
its Chairperson or his designee to execute the attached License Agreement and all other related
documents between the County of Oakland and Verizon Wireless, LLC, which may be required.
Chairperson, on behalf of the General Government Committee, I move the adoption of the
foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT
Motion carried unanimously on a roll call vote with Gingen absent.
_•
•• i
RESOLUTION
WHEREAS, the County of Oakland is the owner of the Springfield Oaks County
Park located at 12451 Andersonville Road, Davisburg, Michigan; and
WHEREAS, Verizon Wireless LLC has requested license space from the County
on the water tower at Springfield Oaks for the installation and operation of antennae for
use in connection with its communication business: and
WHEREAS, the Oakland County Parks and Recreation Commission has
negotiated the terms and conditions of a License Agreement with Verizon Wireless LLC
for said antennae; and
WHEREAS, approval of this License Agreement will provide a service for the
public good as well as another source of earned income for the Oakland County Parks
and Recreation Commission, as directed through the sliategic master plan; and
WHEREAS, the Departments of Facilities Management and Corporation Counsel
have reviewed and/or prepared all necessary documents ielaled to the attached
License Agreement and recommend its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and
Recreation Commission supports the approval and acceptance of the terms of the
License Agreement and all other related documents between the County of Oakland
and Verizon Wireless LLC, which may be required.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission hereby requests that tne Oakland County Board of Commissioners direct
its Chairperson or designee to execute the License Agreement for the installation and
operation of antennae on the water tower at Springfield Oaks County Park.
Moved by J. David VanderVeen
Supported by Hugh D. Crawford
Date August 13, 2008
D 1SDatotEvly documents\ Resolutions 2Q08 W182006 Veliz nreless SOAC.do,:,
TELECOMMUNICATIONS LICENSE AGREEMENT
This License Agreement (Agreement) is made between the County of Oakland, a
Michigan municipal and constitutional corporation, whose adcress is 1200 N. Telegraph Road,
Pontiac, Michigan 48341 ("Licensor"), and New Par, a Delaware partnership d/b/a Verizon
Wireless By: Verizon Wireless (VAW) LLC, its general partner, whose address is One Verizon
Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Licensee"); Licensor and
Licensee agree to the following terms and conditions:
INTRODUCTION
A. Licensor is the owner in fee simple of a parcel of land located at 12451
Andersonville Road, Davisburg, Michigan, 45350. a portion on which a water-tower
owned by Licensor is located. The portion of land on which the water tower ("Water
Tower") is located is legally described in Exhibit A, ("Owned Premises"),
B. Licensee desires to license space on the Water Tower located on the Owned
Premises, for the installation and operation of antennae for use in connection with its
communication business.
C. Accordingly, the Parties enter into this Agreement and agree to the following
terms and conditions.
§1. GRANT OF LICENSE AND FEE PAYMENT REQUIREMENTS
Licensor grants Licensee, a revocable, non-proprietary, non-exclusive license to
access and place telecommunications equipment on the Water Tower and place
an equipment shelter (collectively 'Equipment—) on the Owned Premises as fully
described in Exhibit B. Licensee may not add additional Equip nerd or change
the Equipment from that shown on Exhibit B without the prior written approval of
the Licensor.
1.2. This Agreement shall commence on ( , 200
("Commencement Date") and end on the fifth (5th) anniversary of the
Commencement Date, unless terminated and/or cancelled sooner pursuant to the
terms of this Agreement ("Term").
1.3. This Agreement shall be automatically renewed for three (3) additional five (5)
year periods ("Renewal Term"), unless Licensee provides Licensor written notice
of its intent not to renew this Agreement within ninety (90) days before the
expiration of the Term or Renewal Period. The terms and conditions of each
Renewal Term shall be the same, except for the License Fee, described in 1.4.
The Renewal Term shall commence upon expiration or the Term or the Renewal
Term.
1.4. Licensee shall pay Licensor an annual license fee of Twenty-Seven Thousand
Dollars ($27,000.00) ("License Fee'). The License Fee for the first year is due
and payable within sixty (60) days of the Commencement Date. Thereafter the
License Fee is due and payable on each anniversary of the Commencement
Date. The License Fee, throughout the Term and all Renewal Terms, will be
increased annually by 3% on the anniversary of the Commencement Date.
Final License Agreement
1.1.
Li BST
1.5. Unless otherwise agreed by the Parties, payment of the License Fee, or late
pap nent cliai9es shall be payable in United States funds by business check
payable to Licensor either in person or by mail, postage pre-paid, and delivered
to:
Oakland County Parks and Recreation Commission, 2800 Watkins Lake Road,
Building 97W Waterford, Michigan 48328-1917 or another address designated by
Licensor in writing.
The date Licensor receives the payment, and not the date of mailing, shall be
deerned-tl-reecta-te payment is made. If Licensee uses the United States Postal
Service or other delivery agent, then Licensee assumes all risks for delays or
failures of those agencies. 1:Dusi1iuy uf pdi Gal payment by Licensee shall not be
I payment in lieu of full payment and shall not
prejudice Licensors right to collect the rerlidinirly balance due including any late
charges. If Licensee should enter into other agreements with Licensor and
Licensee's payments do not state to which facility they apply, then Licensor may
apply Licensee's payments to its accounts in its sole discretion.
1.6. Licensee shall pay Licensor a late payment charge equal to five (5) percent of
any payment not paid when due. Any amounts not paid when due shall also bear
interest until paid at the lesser rate of two (2) percent per month or the highest
rate permitted by law.
1.7. If Licensee is delinquent in payment of any amounts due under this Agreement
for a period of five (5) months or longer, notwithstanding any other provision,
Licensor may terminate and/or cancel this Agreement upon thirty (30) days
notice.
1.8. Upon execution of this Agreement, Licensee shall pay Licensor Five Thousand
Dollars ($5,000.00) for - administrative fees. The Five Thousand Dollar
($5,000.00) administrative fee is non-refundable.
§2. USE OF OWNED PREMISES
2.1. Licensee shall use the Owned Premises and Water Tower, as depicted in Exhibit
B, for the installation, operation, and rnairileeanue ef ite Equipment for the
transmission, reception and operation of telecommunications and uses incidental
thereto and for no other uses.
2.2. Licensor may permit others to use other portions of the Owned Premises and
Water Tower.
2.3. Licensee shall be responsible for obtaining any utility service to Water Tower that
it desires. Licensee must have all utility work pre-approved by Licensor and all
utility work performed by a contractor pre-approved by Licensor; such approval
will not be unreasonably withheld. Licensee shall pay, when due, all of its
charges for utilities to tne Water Tower during the term of this Agreement.
2.4. Notwithstanding any other provision of this Agreement, if Licensee should cause
any modifications, alterations, or changes to the Owned Premises or Water
Tower, or any installations, replacements or repairs to Equipment in violation of
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2
j.
this Agreement or applicable law. then Licensor, in its sote-dis-cretio-n, may
terminate and/or cancel this Agreement without notice. Licensee shall pay to
Licensor all costs and expensub neue .ssaiy to restore the Owned Premises to the
condition prior to those ulvdries d rid Licensee shall pay to Licensor a service fee
of Five Thousand and 00/100 Dollars ($5,000.00).
§3. EQUIPMENT
3.1. Prior to installing any Equipment on the Water Tower, Licensee, at its own
expense, shall have the Water Tower evaluated for load-bearing capacity and for
the Water Tower's ability to accept Licensee's Equipment without causing
diminishment of the Water Tower's structural integrity. Such evaluation shall be
done by a contractor approved by the Licensor. Licensee shall provide a copy of
the evaluation to Licensor at no cost. Prior to installing Equipment on the Water
Tower, Licensor may require Licensee at its expense to perform an interference
study indicating whether Licensee's intended use will interfere with any existing
communications facilities on the Water Tower.
3.2. If the evaluation or study required by Section 3.1 indicate that the proposed
Equipment or the additional or replacement Equipment will interfere with or affect
the load-bearing capacity of the Water Tower, diminish the Water Tower's
structural integrity, or cause interference with any Equipment already on the
Water Tower, then such Equipment shall not be installed and this Agreement may
be terminated by Licensor, in its sole discretion. unless Licensor approves such
installations in writing.
3.3. Licensee shall install and maintain, at its sole cost and expense, all Equipment in
or on the Owned Premises and Water Tower in accordance with good
engineering practices and in accordance with oh applicable laws, regulations,
rules and ordinances, including but not limited to, FCC rules and regulations.
3.4. Within thirty (30) days after the Commencement Date, Licensee shall provide
Licensor with as-built drawings, which show the actual location of all Equipment
and improveinerit cuii5iter it with Exhibit B. Said drawings shall be
accompanied by a complete and detailed inventory of all Equipment and personal
property located on or in the Owned Premises and Water Tower.
3.5. Any d-a-mage-dorre-to-the Owned Premises and Water Tower ducing installation
and during operations shall be repaired or replaced within ten (10) business days
of written notice by Licensor at Licensee's expense and to Licensor's satisfaction.
3.6. Licensee may update or replace its Equipment located on the Water Tower from
time to time with the prior written approval of Licensor; consent will not be
unreasonably withheld, provided that the replacement Equipment on the Water
Tower is not greater in number or size than the existing Equipment and that any
change in their location on the Water Tower is satisfactory to Licensor. Licensee
shall submit to Licensor a detailed proposal for any such replacement Equipment
and any supplemental materials as may be requested. for Licenser's evaluation
and approval. Notiiiity lierein shall limit Licensee's ability to change
equipment located inside its equipment shelter.
3.7. Licensee's Equipment shall not cause interference with Licensors equipment on
the Water Tower or at the Owned Premises. even though Licensee's Equipment
Finai License Agreement
3
was located on the Water Tower or at the Owned Premises prior to Licensors
Equipment. Notwithstanding any other orovisioe of this Agreement, if Licensee's
Equipment causes such inference, Licensee shall, upon forty-eight (48) hours
wiilleiiiiutiee [ruin Licensor, 1icirrrfttirig on the frequencies or equipment
causing the interference. Before Licensee commences tra-nsmitlirigeon tire
frequencies or equipment causing the interference, Licensee shall demonstrate to
Licensor's satisfaction that the interference is corrected and eliminated. If such
interference is not corrected and eliminated within sixty (60) days, Licensor, in its
sole discretion, may terminate and/or cancel his Agreement.
3.8. Licenser and Licensee acknowledge that there is no other equipment on the
Water Tower at the time this License was executed. Licensee recognizes the
potential for broadcast and electronic interference inherent in multiple uses of the
Water Tower and the need to cooperate with each user in preventing the
occurrence of interference and promptly eliminating it, if it occurs.
3.9. Licensor does not guarantee to Licensee subsequent noninterference with
Licensee's equipment and communications operations, Licensor agrees that any
subsequent licenses for collocation onto this Water Tower will recognize
Licensee's use as pre-existing. In the event any after-installed Licensee owned
equipment causes interference to another licensee's pre-existing use and after
Licensee has been notified in writing of such interference, Licensee will take all
commercially reasonable steps necessary to correct and eliminate the
interference, including but not limited to, powering down such equipment and
later powering up such equipment for intermittent testing.
3.10. Any Equipment used by Licensee shall meet Licensor's requirements regarding
The Owned Premises anc the Water Tower. M transmitters shall be equipped
with the appropriate isolators, cavities, filters, and/or other devices as deemed
necessary by Licensor either at installation or within thirty (30) days after written
notification by Licenser in order to minimize radiation, intermodulation, and/or
other interference in conformance with generally accepted good engineering
practices. Licensor assumes no liability for any actions or omissions pursuant to
this Section.
3.11. All of Licensee's Equipment shall meet and be maintained at current R56
standards for lightening protection, surge protection, and grounding.
3.12. Licensee's Equipment will comply with all applicable current and future Federal
communications Commission ("FCC"), Occupational Safety and Health
Administration ("OSHA"), Michigan Occupational Safety & Health Administration
("MIOSHA") and Licensor's guidelines for human exposure to Electromagnetic
Energy ("EME-) at antenna sites at the controlled level. Licensee will provide
Licensor with all relevant information necessary for mandatory placards via the
Actual Documentation method, and will apprise Licensor of and relevant change
in Equipment. frequency, or power throughout the term of the Agreement.
Licensee shall provide the following information to Licensor: transmitter
frequency by antenna mount, power out of transmitter, network loss between
transmitter and antenna, antenna characteristics and specifications, antenna
location and standoff, uptime characteristics, and n1nna All
necessary measu1ie is cu id ulduards shall be at the Licensee's expense.
Final License Aereement
4
3.13. Licensee shall provide Licensor with documentation of Licensee's EME Safety
Plan and Procedures, and shall provide documentation that all Licensee's
employees or contractors who enter the Owned Premises and/or Water Tower
have been trained in EME awareness and site standards prior tu euueesing the
site, and retrained upon any revision of EME regulations.
3.14. Licensee's employees and contractors who enter the Owned Premises and/or
Water Tower shall obey all posted signs and shall wear personal RF monitors
and personal protective equipment as required ey law.
3.15. Eauipment Maintenance.
3.15.1. Licensee shal„ at its own expense, maintain any Equipment on or
attached to the Owned Premises and Water Tower in a safe condition, in
good repair and in a manner suitable to Licensor and so as not to conflict
with the use of other entities located on or in the Owned Premises and
Water Tower.
3.15.2. Licensee shall have sole responsibility for the maintenance, repair, and
security of its Equipment and personal property, and shall keep the same
in good repair and condition during this Agreement.
3.15.3. Licensee shall keep the Owned Premises free of debris and anything of a
dangerous, noxious or offensive nature or which would create a hazard or
undue vibration, heat, noise, or interference.
3.15.4. Any installment, replacement, repair. or removal of any or all of Licensee's
Equipment, including but not limited to. equipment cabinets, transmission
lines, antennas, electrical service or meters, shall be performed by
contractors approved by Licensor. Licensee shall be responsible for
paying all charges related to installation, replacement, repair, or removal
of any Equipment.
3.16. Before Licensee installs any Equipment at the Owned Premises or on the Water
Tower and at all times while the Licensee has any Equipment installed at the
Owned Premises or on the Water Tower, upon request by Licensor, Licensee
shall furnish to the LILe iu bcilMclulu[y evidence that Licensee has complied
with all state, federal, or local laws, regulations. rules, and requirements that
apply to the installation and operation of Licensee's Equipment. Upon request by
Licensor, Licensee shall provide Licensor documentation that frequencies used at
the Owned Premises are lawfully Licensed to Licensee by the FCC.
3.17. Licensor or its Agent shall have the right, at any time during this Agreement, to
inspect Licensee's Equipment upon three (3) days written notice in order to
ensure that Licensee is complying witli the 1eilf15 Ur this Agreement. Licensor
shall also have the right to inspect Licensee's Equipment for the purposes of
evaluatiii id teelie fur any interference problems. By signing this Agreement,
Licensee acknowledges tnat Licensor has the right, either with or without prior
notice or consent of Licensee, to admit officials of the FCC or any other
governmental agency to the Owned Premises and Water Tower for the purpose
of inspection.
Final License Azreement
5
§4. LIMITATION OF LIABILITY
41. This Agreement is made with the express understanding that whenever Licenser
is required, whether prior to or during the term of this Agreement, and whether
voluntary or required hereunder, to make any approval, representation, or
requirement regarding Licensee's Equipment, including, but not limited to
location, placement, compatibility, electromagnetic interference, repairs,
replacements, modifications, or alterations thereto, THAT LICENSOR MAKES
NO WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, IN
LAW OR IN EQUITY. INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR
PURPOSE, OR USE OF LICENSEE'S EQUIPMENT. Licensee acknowledges
that it is not relying on Licensors skill or judgment and has not consulted with
Licensor to select or furnish any of Licensee's Equipment, whether approved or
required by Licensor.
4.2. There are absolutely no warranties made by Licensor relating to Licensee's
Equipment, or any replacements, repairs, modifications, or alterations of said
Equipment.
4.3. Licensor shall have no liabirty to Licensee for any loss or damage due to
personal injury, property damage, libel, slander or imperfect, defective or
unsatisfactory communications experienced by Licensee for any reason.
4.4. Licensor shall not be liable to Licensee for any expenses or lost revenues
associated with Licensee's failure to complete installation of its Equipment or for
failure of Licensee's Equipment to be operational
4.5. In no event, snall Licensor be liable to Licensee fui 5;Jecial, indirect, or
consequential damages, including, but not limited to, lost profits, lost business,
lost customers, damage to business reputation, or lost business opportunities in
connection with this License.
§5. DEFINITION OF CLAIMS AND AGENTS
5.1. "Claim(s)" shall be defined to include any anc ail alleged losses, claims,
complaints, fines, demands for relief or damages, suits, causes of action,
proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs and
expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid ii eeltleiI ICI it c111.... di U1 ii y other amounts or liabilities of any kind
whatsoever which are imposed on, incurred by ui abeer led clgailit Licensor,
and/or any Agent of Licensor, as defined below, or for which Licensor, and/or any
Agent of Licensor may become legally and/or contractually obligated to pay or
defend against, whetner direct, indirect or consequential.
5.2. "Agent" or "Agents" shall be defined to include any of Licensors elected officials,
appointed officials, directors, board members, council members, commissioners,
authorities, boards, committees, commissions, employees, departments,
divisions, volunteers, representatives, and/or any such person's successor(s)
(whether such persons act or acted in their personal representative or official
capacities), and/or any oerson(s) acting by, through, under, or in concert with any
• of them, excluding Licensee and/or any of Licensee's Agents, independent
• Final License MI-cement
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contract prufessiulielso repiuyees. "Agent" or ''Agents" shall also include any
person who was an Agent of Licensor at any time during the term of this
Agreement but, for any reason, is no longer employed, appointed, or elected in
that capacity.
§6. INSURANCE
6.1. Prior to the installation of Licensee's Equipment, and at all times during this
Agreement, the Licensee, at its sole cost and expense, shall purchase and
maintain the following insurance coverage(s) in the minimum amounts indicated
arid provide Licensor with appropliate eel1ifk.d1 uf insurance.
6.1.1. One Million and 00/100 Dollars ($1,000,000.00) combined single limit per
occurrence. and Three Million and 00/100 Dollars ($3,000,000.00) annual
aggregate Comprehensive General Liability, including broad form
contractual coverage. These policies and/or protection(s) will provide that
the Licensor, andicr any Licensor Agent, as defined in this Agreement,
must be 11ci-mut.1 ddditiuildl insureds with respect to any Claim(s) as
defined in this Agreement, or any Claim(s) arising out of this License
Agreement, subject to standard policy provisions and exclusions.
6.1.2. Workers' Compensation as required by law: Coverage B - Employers'
Liability in the minimum amount of Five Hundred Thousand and 00/100
Dollars ($500,000.00).
6.1.3. One Million and 00/100 Dollars ($1,000,000.00) Combined Single Limit
Automobile Liability, including coverage for hired and leased vehicles and
owned and non-owned autos, with No-Fault coverage as required by law.
If no vehicles are owned or leased by Licensor then non-owned and hired
car coverage will be required in lieu of auto fleet coverage.
6.2. Licensee shall assure that all of its contractors, and/or any other agent serving
Licensee under this Agreement, shall have the insurance coverage set forth in
6.2.1,, 6.2.2., and 6.2.3. Licensee shall be responsible for obtaining certificates
of insurance from its L;ontractor and/or any other agent performing services for
Licensee on the Water Tower, or at the Owned Premises, for review by Licensor.
6.2.1. Comprehensive General Liability, including broad form contractual
coverage, of at least One Million and 00/100 Dollars ($1,000,000.00) per
occurrence, One Million and 00/100 Dollars ($1,000,000.00) annual
aggregate.
6.2.2. Workers Compensation as required by law: Coverage B - Employers'
Liability in the minimum amount of Five Hundred Thousand and 00/100
Dollars ($500,000.00).
6.2.3. One Million and 00/100 Dollars ($1.000,000.00) Combined Single Limit
Automobile Liability, including coverage for hired and leased vehicles, and
owned and non-owned autos, with No-Fault coverage as required by law.
If no vehicies are owned or leased by the agent, non-owned and hired car
coverage wil be required in lieu of auto fleet coverage,
6.3. All certificates of insurance provided by Licensee shall contain the following
clauses:
Finai License Agreement
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6.3.1. "Any insurance coverage afforded the County, and/or any County Agent,
alit.] the eLidikriiel insureds shall apply as primary as relates to Licensee
°pm atiui le eilderrort-excess to any insurance issued in the name of the
County, and/or any County Agent, or any of the additional insureds in this
respect."
6.4. Licensee shall provide Licensor at least thirty (30) days notice of cancellation of
any policy for whiell eurtifieatee uf insurance, bonds, or other required documents
are provided to Licensor. These certificates must be provided to the Oakland
County Risk Management & Safety Division no less than ten (10) working days
after the Commencement Date of this License Agreement, and at any time
thereafter, upon reasonable request.
6.4.1. The insurance company(ies) issuing the policy or policies shall have no
recourse against the County, and/or any County Agent, or the additional
insureds for payment of any premiums or for assessments under any form
of policy.
6.4.2. Any and all deductibles and/or self-insured retention in the above-
described insurance coverage shall be assumed by, and be for the
account of, and at the sole risk of, the Licensee.
§7. WAIVER OF SUBROGATION
7.1. Each Party to this Agreement mutually agrees to waive its right of subrogation
against the other Party for first Party losses covered by insurance for the Water
Tower, the Owned Premises, or its contents, including but not limited to, fire,
lightning, vandalism, aircraft damage, and explosion.
§8. INDEMNIFICATION
111..,..,o..ur 8.1. The ;r; provision and insurance provisions of this Agreement with
regard to any Claim(s) either occurring or having their basis in any events or
transactions that occurred before the cancellation and/or teiiiiiiiatiun of this
Agreement shall survive the cancellation and/or termination of this Agreement.
8.2. Except to the extent caused by the negligence or willful misconduct of the
Licensor, its agents or employees, the Licensee agrees to save, indemnify, and
hold harmless the Licensor and any Licensor Ay i fiuni and against any and all
Claim(s), as defined in Paragraph 5.1, which are imposed upon, incurred by or
asserted against the Licensor and any Licensor Agent, by any person and which
are based upon, resuft from, arise from, or are in any way related to any alleged
error, mistake, negligent or intentional act(s) or omission(s) of the Licensee and
any of Use, IbCe 'b ctyit , independent contractors, or employees, including, but
not limited to, any alleged failure by the Licensee and any of its agents,
ir 'dupe' Kiel it euilkauturs, or employees to comply with any duty or obligation in
this Agree:nu] it andlui tiny alleged breach of legal duty to any person.
§9. DAMAGE OR DESTRUCTION OF WATER TOWER
9.1. if the Water Tower or any portion thereof is altered, destroyed or damaged so as
to materially hinder effective use of Licensee's Equipment, through no fault or
negligence of Licensee, Licensee may elect to terminate this Agreement upon
thirty (30) days written notice to Licensor. If Licensee chooses to terminate this
Final License Aart...ernent
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agreement, Licensee shall promptly remove the Equipment, if possible, from the
Water Tower and Owned Premises. However, this License (and Licensee's
obligation to pay rent) shall not terminate until Licensee's fulfillment of the
obligations set forth in the preceding sentence, hen at that time Licensee shall be
entitled to the reimbursement of any License Fee prepaid by Licensee and the
Agreement shall terminate.
9.2. During such period that the Owned Premises or Water Tower shall be unusable
and Lk-el Ibt 1...h(JUSS nut to terminate this Agreement, Licensee, at its own
expense and if possible, may relocate ;I upurdliuci ku nu1lir location at the
Owned Premises ("Temporary Site"), as mutually agreed by Licensor and
Licensee. The Temporary Site shall not interfere with the operations of the
Licensor or any of its programs. Once such relocation is complete, either
temporary or permanent, the term "Owned Premises", as used in the Agreement,
shall: (i) include the space to which Licensee has relocated its operations, and (ii)
no longer include any portion of the original Owned Premises from which
Licensee has removed its Equipment and operations.
9.3. Notwithstanding any other provision of this Agreement. if the Water Tower or any
portion thereof is altered, destroyed, or damaged, Licensor shall have no
obligation to repair or replace the Water Tower. The Licensor, in its sole
discretion, will determine whether to repair or replace the Water Tower.
§10. CANCELLATION AND/OR TERMINATION
10,1. Either Party may terminate and/or cancel this Agreement or any part thereof, at
any time for any reason upon one hundred and eighty (180) days notice to the
other Party. The effective date for termination and/or cancellation shall be clearly
stated in the notice.
10.2. Upon termination and/or cancellation of this License, as provided in this
Agreement, Licensee shall cause all Equipmen: on the Water Tower or at the
Owned Premises to be removed by a contractor authorized by Licensor and at the
time and manner approved by Licensor. Such removal shall take place no later
than thirty (30) days after the date I. I u. ; and/or cancellation of this
Agreement. If Licensee fails to remove the Equipment as required in this
Paragraph, Licensor may remove the Equipment and charge thescast—...i.
with the removal to the Licensee.
10.3. Upon tiiiiritiun and/ur cancellation, as provided in this Agreement. Licensee at
its expense, shall cause all damage to the Owned Premises and/or Water Tower
caused by Licensee to be repaired by a contractor authorized by Licensor and in
tiine aed nicif ii)er authorized by Licensor, except for normal wear and tear.
10.4. Upon termination and/or cancellation, as provided in this Agreement, Licensee
shall be respui isible tu pay all License Fees and other monthly diaiyee sel [(Atli
in this Agreement, until the Equipment is removed from the Owned Premises
and/or Water Tower.
10.5. In the event that Licensee holds over after the termination and/or cancellation of
this Agreement, the License Fee, due and payable, shall be one and one half
(1 1/2) times the License Fee from the last anniversary of the Commencement
Final License Aereement
9
Date, This License Fee increase shall apply whether or not Licensee's
Equipment continues to function ui I Idt beeii disuunneeled, but not removed,
10.6. If the Licensor or Licensee terminates and/or cancels this Agreement, as
provided in this License Agreement, the terminating Party shall not be liable for
any direct, indirect, special, or consequential damages including, but not limited
to, future loss of income, profits, revenues, or any economic benefit the other
Party may have realized but for the termination and/or cancellation.
10.7. The Licensor or Licensee shall not be obligated to pay d Idlit1/1/L;dflUdllatiOn
fee if the Agreement is cancelled and/or teiriiiciled piuvided in this License
Agreement.
§11. ASSIGNMENT AND SUBLETTING
11.1. Licensee may not assign or otherwise transfer all or any part of its interest in this
Agreement without the prior written consent of Licensor; provided, however, this
Agreement may be sold, assigned, or transferred by Licensee without prior written
consent of Licensor to the Lieenseees pf 416[4, affiliates, subsidiaries of its
principal or to any wnich acquires all or substantially all of Liurie&b clbStib ur
ownership interest by reason of a merger, acquisition, or other business
reorganization. In the event, Licensee assigns its interest pursuant to the terms of
the Agreement, Licensee shall provide Licensor written notice containing the
assignee's full name, address, di 3d 111 [4;1111e uf the absignue contract
administrator.
11.2. Licensor may assign this Agreement upon written notice to Licensee, subject to
the dSbiyrit crbUrnirig all of Licensor's obligations herein.
11.3. The rights and obligations under this Agreement shall not be diminished in any
manner by assignment by Licensee. Any assignment or transfer by Licensee
must include a requirement that the assignee will comply with the rights and
obliyertio-ns eviitatnet in tnis Agreement.
§12. ACCESS BY LICENSEE
12.1. While this Agreement is in force, Licensee shall have non-exclusive, continuous
seven (7) days per week and twenty-four (24) hours a day access to Licensee's
Equipment, provided that Licensee complies with all requirements established by
the Licensor and does not interfere with any functions while on the Owned
Premises. Licensee shall supply Licensor with a list of Licensee's subcontractors
that will have access to Licensors Owned Premises and Water Towers. Such
subcontractors shal carry with them at ail times personal and employment
identification while on the Owned Premises or Water Tower. All individuals
contained on des list may be subject to security clearance by the
License., in its sule is,iLiun, and may be denied access to the Owned
Premises and/or Water Tower in the Licensor's sole discretion. Licensee is solely
responsible for all costs assouia Led witl i tCrtie Owned Premises outside
normal business hours, including but not limited to, overtime wages for Licensors
employees and agents. Licensee shall promptly pay all costs upon invoice by
Licensor.
Final License Agreement
10
§13. ENVIRONMENTAL REQUIREMENTS
13.1. Except as otherwise provided by law, and except for any back-up generator or
fuel for such generator located at the Owned Premises, Licensee shall not bring
onto the Owned Premises and/or Water Tower any Hazardous Substances,
Hazardous Wastes. Pollutants, asbestos, polychlorinated biphenyis (PCBs),
petroleum or other fuels (including crude oil or any fraction or derivative thereof),
battery spillage or acid and battery byproducts and the vapor expulsion of toxic
fumes from mishandling or improper care and niskreurienee of balleliee di id
backup of power equipment, or utilize any underground storage tanks (collectively
"Environmental Hazards"). For purposes of this Agreement, the term "Hazardous
Substances" shall be defined in the Comprehensive Environmental Response,
Ccenpelisaliori arid Liability Act (42 U.S.C. §9601, at seq.), and any subsequent
or amended regulations thereto. The term "Hazardous Wastes" shall be as
defined in the Resource Conversation and Recovery Act (42 U.S.C. §6901, at
seq.), and any subsequent or amended regulations thereto. The term "Pollutants"
shall be as defined in the Clean Water Act (33 U.S.C. §1251, at seq.), and any
'subsequent or amended regulations thereto.
§14. CONDITION OF FACILITY AND/OR WATER TOWER
14.1. Licensee acknowledyee lel it lies 1eu effurded a complete and full opportunity
to inspect, investigate, and review the Owned Premises and/or Water Tower in
order to JLr[FIiIe tlie Owned Premises' aTeeruorietelleee use by the Licensee.
Licensee further acknowledges that after said review or opportunity to review, it
accepts the Owned Premises and/or Water Tower "AS IS".
14.2. Licensor shall not be liaole for any fine, forfeiture, or ()titer a 5SUSSITIFIt issued by
the FCC against Licensee, or for any other fines or assessments issued by any
other governmental agency, in connection with Licensee's use of the Owned
Premises and/or Water Tower.
14.3. Licensee's use of the Owned Premises and Water Tower complies with all
applicable state, local, and federal laws, ordinances, and regulations, including
but not limited to, electrical and fire codes, and any and all rules and regulations.
§15. CONDEMNATION
15.1_ If all or part of the Owned Premises and/or Water Tower is condemned or
transferred in lieu of eel 'dues letiur 1, Licensee may terminate this Agreement as of
the date of the condemnation or transfer in lieu of colidet iii i1iuri by giving notice
to Licensor no more than forty-five (45) days following the date of condemnation
or transfer in lieu Of L.ur di I. If Lieei lbtt elioueee riot to terminate this
Agreement, the Licensee Fee shall be reduced or abated in proportion to the
actual reduction or abatement of use of the Owned Premises and/or Water
Tower.
§16. LIENS AND TAXES
16.1. Licensee shall be responsible for any and all de taxes imposed
upon Licensee's Equipment. operations, and/or improvements made by Licensee
to the Owned Premises and/or Water Tower anc shall keep any structure, and
the property on which it is located, free of any and ail liens for materials furnished
or labk,i pFfuI1FId it tl le instruction of Licensee. Licensee understands that
Final License Agreement
11
Licensor is not required to pay taxes fui U cUl 1 lhel ii is a tax-exempt unit of
government.
§17. BANKRUPTCY
17.1. Notwithstanding any other provision herein, in the event proceedings in
bankruptcy es e uuiluileileetheyeieet Licensee or Licensee is adjudicated
bankrupt or a receiver of Licensee is appointed and qualifies, then Licensor may,
at any time thereafter, terminate this Agreement by giving seven (7) days written
notice to Licensee of such termination.
17.2. Licensee's Equipment complies with all applicable state, local, and federal laws,
ordinances, and regulations, including but not limited to, electrical and fire codes,
and any and all rules and regulations
§18. SERVING WRITTEN NOTICE
18.1. Any notice required to be served pursuant to this Agreement shall be in writing.
Notices- shall be deemed served when they are personally delivered to the
representative of the Party authorized below to receive such notices or by mailing
such notices, certified or registered mail, with pre-paid postage to the address set
forth below. If the mail is used, then the date the notice is deemed served is the
date of mailing. If either Party fails or refuses tu accept silly delivered or mailed
notification pursuant to this Agreement, then service of said notice shall be
deemed waived and nc further attempt to serve said notice shall be required.
Faxing of notices during normal business hours, Monday through Friday 8:00
a.m. to 5:00 p.m. (not holidays), is acceptable if a confirmation notice can be
provided to the other Party (upon request) tlidt [lie faxed notice was
received. Any change in company ownership, personnel, or Department
responsibility ii ad I i lisieng-thi-s Agreement shall be submitted to Licensor
within thirty (30) days of the change. The persons to whom any notices are to be
sent are:
The Licensor: Oakland County Parks and Recreation
Executive Director
2800 Watkins Lake Road
Waterford, Michigan 48328
The Licensee: New Par d/b/a Verizon Wireless
180 Washington Valley Drive
Bedminster, New Jersey 07921
Attn: Network Real Estate
§19. HEADINGS
19.1. The terms and conditions of this Agreement are contractual and not a mere
recital. The paragraph headings used throughout this Agreement alt pluvidud
for reader convenience only and shall not be controlling in the interpretation of
this Agreement.
§20. ENTIRE AGREEMENT
20.1. This Agieemeet eoeslitutes the entire understanding between the Parties and
supersedes all prior offers, negotiations, and/or agreements between the parties
relative to the subfecterrratei dclu'les-sed herein. Licensee represents that there
are no understandings, representations, or promises of any kind, oral or written,
Final License Azreernent
12
that have been made by Licensor to induce the execution of this Agreement
except those expressly set forth in writing in this Agreement.
§21. INVALID PROVISION
211. The invalidity or unenforcability of any paragraph(s) or subparagraph(s) of this
Agreement shall not affect the validity or enforceability of the remainder of this
Agreement or the remainder of any paragraph(s) or subparagraph(s). This
Agreement shall be construed in all respects as if any invalid or unenforceable
paragraph(s) or subparagraph(s) were omitted.
§22. GOVERNING LAW AND VENUE
22.1. 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 judicial proceeding for the enforcement of this License Agreement
or any provision thereof shall only be instituted n 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
Claim(s).
§23. AMENDMENT
23.1. This Agreement may not be changed, modified, amended, or altered, except by
an agreement in writing, signed by both Parties.
§24. SUCCESSION
24.1. This Agreement is binding upon the Parties and shall be binding upon their
successive heirs, representatives, administrators, successors, subcontractors,
and assigns.
•§25. FORCE MAJEURE
25.1. Except for the payment of any sums due under this Agreement. 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.
§26. DISCRIMINATION
26.1, Licensee shall not discriminate against a Licensee 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.
§27. SUSPENSION OF SERVICES
27.1. Upon written notice, Licensor may suopeild p Iuiini icu of the Agreement, if
Licensee has failed to comply with Federal, State, or Local law or any
requirerrrenta auilLaiii led in the Agreement. The r,ght to suspend services is in
addition to Licensor's right to terminate and/or cancel the Agreement. Licensor
shall incur no penalty, expense, or liability to Licensee if Licensor suspends
services under this section.
Final License Agreemen:
13
§28. RESERVATION OF RIGHTS
28.1. 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 Licensor.
§29. NO IMPLIED WAIVER
29.1. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce
any right or remedy under the Agreement shall constitute a waiver of those rights
with regard to any existing or subsequent breach of the Agreement. No waiver of
any term, condition, or provision of the 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
the Agreement.
Final License Agreement
14
IN WITNESS WHEREOF, Beth Ann Drohan hereby acknowledges that she has been authorized
by Licensee to execute this License Agreement on behalf of Licensee and hereby accepts and
binds said LLC and ibi lip lu 11 ieI I lb di id conditions hereof on this day of
LICENSEE: New Par, a Delaware partnership
d/b/a Verizon Wireless By: Verizon Wireless (VAW)
LLC, its general partner
By:
Beth Ann Drohan
Its: Midwest Area Vice President — Network
Date:
IN WITNESS WHEREOF, executes this License Agreement
on behalf of the COUNTY OF OAKLAND. a Michigan Constitutional and Municipal Corporation,
and hereby accepts and binds the COUNTY OF OAKLAND to the terms arid coridilions of thib
License Agreement on this day of
LICENSOR:
COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation
By:
Its:
Date:
Final License Agreement
15
da
1
STATE OF ILLINOIS
COUNTY OF COOK
This instrument was acknowledged before me by Beth Ann Drohan, personally known to me (or
proved to me crrrtl-re-tratrro crry evidence) to be the person whose name is subscribed
to within this instrument and acknowledged to me that she executed the same in her authorized
capacity, and that by 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 Cook,
Illinois, on the day of , 200 .
Notary Public, State of Michigan, Oakland County.
My Commission Expires:
Acting in the County of Oakland
NOTARY SEAL
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 , 200
Notary Public, State of Michigan, Oakland County,
My Commission Expires:
Acting in the County of Oakland
NOTARY SEAL
Final License Agreement
16
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Resolution #08217 October 2, 2008
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The Chairperson referred the resolution to the Planning and Building Committee and the Finance
Committee. There were no objections.
0.1 sr
FISCAL NOTE (MISC. #08217) October 23, 2008
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF PARKS AND RECREATION - APPROVAL AND ACCEPTANCE OF
LICENSE AGREEMENT WITH VERIZON WIRELESS, LLC FOR INSTALLATION AND
OPERATION OF ANTENNAE AT SPRINGFIELD OAKS COUNTY PARK
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. Verizon Wireless LLC has requested permission to place telecommunication
equipment on the water tower at Springfield Oaks.
2. Verizon Wireless will pay a non-refundable administrative fee to Oakland County
Parks and Recreation of $5,000 upon execution of the agreement.
3, Verizon Wireless will pay a license fee to Oakland County Parks and Recreation
of $27,000 for the first year which will be increased annually by 3 percent for an
estimated $27,810 for the second year, $28,644 for the third, $29,503 for the
fourth and $30,389 for the fifth year.
4. Verizon Wireless is responsible to install and maintain the equipment on the
tower.
5. The agreement approves an option for three renewable five-year terms.
6. No budget amendments are recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Kowall and Greimel absent.
Resolution #08217 October 23, 2008
Moved by Long supported by Greimel the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Coulter, Crawford. Douglas, Gershenson, Gingen, Gosselin, Gregory, Greirnel,
Hatchett, Jacobsen, KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector,
Woodward, Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
IHEIEIY APPROVE THE FOREGOING RES01.11110N
ACTING PURSUANT TO 1973 PA 139
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
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 October
23, 2008, 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 23rd day of October, 2008.
Gat
Ruth Johnson, County Clerk