HomeMy WebLinkAboutResolutions - 2017.08.23 - 23081MISCELLANEOUS RESOLUTION 7242 August 23, 2017
BY: Philip Weipert, Chairperson, Planning and Building Committee
IN RE: PARKS AND RECREATION - LEASE — OAKLAND URBAN GROWERS - WATERFORD OAKS
To the Oakland County Board of Commissioners
Chairperson, Ladles and Gentlemen:
WHEREAS the County of Oakland is the owner of Waterford Oaks County Park; and
WHEREAS the Oakland County Purchasing Unit released a request for proposal (RFP) for an operation
lease or deconstruction and removal of the greenhouses located at 1580 Scott Lake Road, Waterford
Oaks County Park; and
WHEREAS one proposal from Oakland Aquaponics (now Oakland Urban Growers) was received to lease
the greenhouses and surrounding property; and
WHEREAS Oakland County Parks and Recreation Commission ("OCPRC") staff with the assistance of
Corporation Counsel negotiated the attached Lease for the greenhouses and surrounding property; and
WHEREAS the attached Lease is for the greenhouses and surrounding land located at 1580 Scott Lake
Road, Waterford, MI 48328 for a period commencing October 1,2017 through December 31, 2027; and
WHEREAS the Lease requires Oakland Urban Growers to pay the following rent along with all utility and
maintenance/repair costs for the greenhouses:
October 1, 2017 —
January 1, 2019 —
January 1, 2020 —
January 1, 2021 —
January 1, 2022 —
January 1, 2023 —
January 1, 2024 —
January 1, 2025 —
January 1, 2026 —
January 1, 2027 —
December 31, 2018
December 31, 2019
December 31, 2020
December 31, 2021
December 31, 2022
December 31, 2023
December 31, 2024
December 31, 2025
December 31, 2026
December 31, 2027
$750 per month
$765 per month
$780 per month
$796 per month
$812 per month
$828 per month
$845 per month
$862 per month
$879 per month
$896 per month
WHEREAS the monthly rent amounts were set to cover OCPRC costs, plus an administrative fee; and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the attached lease agreement; and
WHEREAS, it is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners accepts and
approves the terms and conditions of the attached Lease Agreement between the County of Oakland and
Oakland Urban Growers.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves and authorizes the attached Lease Agreement between the County of Oakland and Oakland
Urban Growers.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the Oakland County Parks
and Recreation Rental House Revenue fund line item.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Lease Agreement and all other related documents
between the County of Oakland and Oakland Urban Growers, which may be required.
Chairperson, on behalf of the Planning and Building r.,eqimittee,. I move the adoption of the foregoing
resolution.
ommissioner Philip J. Weipert, District #8
hairperson, Planning and Building Committee
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote with Dwyer absent.
LEASE
This Lease is made and entered on [INSERT DATE] ("Commencement Date"), by [Oakland
Urban Growers,] ("Tenant") and the COUNTY OF OAKLAND, a Michigan Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341, by and through its statutory
agent, the Oakland County Parks and Recreation Commission ("Landlord").
INTRODUCTION
A. The Oakland County Parks and Recreation Commission ("OCPRC") through the
Oakland County Purchasing Division released a request for proposal to lease the
greenhouses and garden areas at Waterford Oaks County Park or to deconstruct
and remove the greenhouses. Tenant was selected to lease the greenhouses.
B. Tenant will bring the local market commercially viable, year-round growing of
nutritious herbs and vegetables. Tenant will utilize systems and techniques
available with increased planting density and faster growing cycles making for 4
to 5 times the production as compared to standard agricultural practices.
C. By entering this lease with Tenant, Landlord will recover the costs (utilities and
certain maintenance) associated with the greenhouses and garden areas at
Waterford Oaks.
D. The Parties agree to the following terms and conditions:
LEASE AGREEMENT
1. Leased Premises. Landlord leases to Tenant the Waterford Oaks Greenhouse Complex
located at 1580 Scott Lake Road, Waterford, MI 48328 including the greenhouses and
surrounding land (approximately 4.6 acres), which is specifically depicted and described
in Exhibit A ("Premises"). Exhibit A is incorporated into this Lease. Except as
otherwise provided in this Lease, Tenant shall have exclusive use of Premises. The real
property comprising the Tree Nursery and the real property upon which the barn is
located, depicted on Exhibit A, are not part of the Lease until December 31, 2019. On
December 31, 2019, the real property comprising the Tree Nursery and the real property
upon which the barn is located shall automatically be part of this Lease without further
action of Landlord or Tenant.
2. Term and Lease Renewal.
2.1. Initial Term. The Term of this Lease shall begin on Commencement Date
(October 1, 2017 — planned) and shall end on December 31, 2027 ("Initial
Tetm").
2.2. Renewal Term. This Lease may be renewed, at the sole option of OCPRC, for
an additional term of ten (10) years, upon its expiration ("Renewal Term'). All
terms and conditions of this Lease shall apply to the Renewal Term.
3. Rent.
3.1. Rent Amount and Date Due. Tenant shall pay Landlord the following rent on or
before the first day of each month ("Rent"):
Date Range Monthly Rent
October 1,2017 - December 31, 2018 750
January 1, 2019 - December 31, 2019 765
January 1, 2020 December 31, 2020 780
January 1, 2021 December 31, 2021 796
January 1, 2022 December 31, 2022 812
January 1, 2023 December 31, 2023 828
January 1, 2024 - December 31, 2024 845
January 1, 2025 December 31,2025 862
January 1,2026 - December 31, 2026 879
January 1, 2027 December 31, 2027 896
If Lease is extended:
January 1, 2028 - December 31, 2028 914
January 1, 2029 - December 31, 2029 933
January 1, 2030 - December 31, 2030 951
January 1, 2031 - December 31, 2031 970
January 1, 2032 - December 31, 2032 990
January 1, 2033 - December 31, 2033 $ 1,009
January 1, 2034- December 31, 2034 $ 1,030
January 1, 2035 - December 31, 2035 $ 1,050
January 1, 2036- December 31, 2036 $ 1,071
January 1, 2037 - December 31, 2037 $ 1,093
3.2. Payment Location. The Rent and other fees owed under this Lease shall be paid
by check or money order, payable to the "County of Oakland", and sent to the
following address: Oakland County Parks and Recreation, Attention: Waterford
Oaks, Park Supervisor, 2800 Watkins Lake Road, Waterford, Michigan 48328 or
another address designated by the OCPRC Executive Officer in writing.
3.3. Rent Proration. Tenant shall pay the first month's Rent on the Commencement
Date. If the Commencement Date or the date the Lease terminates or expires, is
not the first day of a calendar month, the Rent for that month shall be prorated
based on the number of days in such month.
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3.4. Late Fee & Other Fees. Tenant shall pay Landlord a late fee of $25 for each
month's Rent or other fees not received by Landlord within five days of its due
date. The late fees shall accrue monthly until all Rent and fees are paid. The late
fees shall compensate Landlord for costs incurred because of late payments.
Landlord's right to collect this late fee shall be in addition to Landlord's right to
act under other provisions of this Lease or law. Tenant shall reimburse Landlord
for all costs and fees Landlord incurs, because Tenant's checks are returned. Rent
and other fees paid after the due date and payments to cover returned checks must
be paid only by cashier's check, certified check, or money order.
4. Termination.
4.1. Termination by Tenant. Tenant may terminate this Lease upon thirty (30) days
written notice to Landlord, if Landlord violates any provision of this Lease and
within the thirty (30) day notice period, Landlord does not correct or remedy or
attempt to correct or remedy such violations. The Lease violations shall be
expressly set forth in the written notice. Tenant may terminate this Lease on one
hundred and twenty (120) days written notice to Landlord for any reason.
4.2. Termination by Landlord. Landlord may terminate this Lease upon thirty (30)
days written notice to Tenant, if Tenant violates any provision of this Lease and
within the thirty (30) day notice period, Tenant does not correct or remedy or
attempt to correct or remedy such violations. The Lease violations shall be
expressly set forth in the written notice. Landlord may terminate this lease on
three hundred and sixty-five (365) days written notice to Tenant, if OCPRC, in its
sole discretion, determines that the Premises are needed to fulfill the statutory
obligations and duties of OCPRC. OCPRC acknowledges that as of the
Commencement Date, OCPRC has not current need and has not identified any
plans for the Premises.
5. Hold Oyer. In the event Tenant holds over after the expiration/termination of this Lease,
without a written agreement, Tenant shall be a Tenant-at-Sufferance. During this period,
Tenant shall continue to pay all sums due under this Lease except that the Rent amount
shall be one hundred and twenty-five percent (125%) of the Rent amount at the expiration
of the Lease. There shall be no renewal of this Lease by operation of law. In addition, in
the event Tenant remains in the possession of the Premises after the expiration or
termination of this Lease, Tenant shall be liable for all damages, direct and consequential,
incurred by Landlord because of the holdover.
6. Use and Occupancy.
6.1. Possession. Tenant shall have possession of the Premises on the Commencement
Date.
6.2. Document Evidencing Condition of Premises. On or before the
Commencement Date, the Parties shall create a document (in writing and with
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video/pictures) evidencing the current condition of the Premises. This document
shall establish the condition of the Premises on the Commencement Date.
6.3. Tree Nursev Program. The trees in the Tree Nursery Program located on the
Premises shall remain the property of Landlord. Tenant shall not disturb or
damages such trees in any manner. On or before December 31, 2019, Landlord
shall remove the trees in the Tree Nursery Program. Tenant shall not use the real
property upon which the trees are located until OCPRC removes the trees.
6.4. Use of Premises. The Premises shall only be used to grow and harvest plant
items used by human beings or animals including, but not limited to, field crops,
root crops, berries, herbs, fruits, vegetables, flowers, seeds, grasses, tree products,
mushrooms, and other similar products, or any other fruit and vegetable products.
Notwithstanding any other provision of this Lease or the law, Tenant shall not •
grow Cannabis (commonly referred to as Marihuana) or any other Cannabis
related products on the Premises for any reason.
6.5. Use of Pond on Premises. Tenant shall not use the pond on the Premises for
irrigation or for any other purposes.
6.6. Compliance with Laws. Use of the Premises and building(s) located thereon
shall be in strict accordance with all applicable federal, state, and local laws,
rules, regulations, and ordinances and shall be in accordance with OCRPC Rules
and Regulations.
6.7. Consent Judgment. Tenant acknowledges and understands that there is a
consent judgment that governs the use of the Premises (stemming from Case
Number 1991-422171-CZ in Oakland County Circuit Court). Tenant shall not
operate a retail business on the Premises nor use the Premises in any manner that
would violate the consent judgment. The consent judgment is attached and
incorporated into this Lease as Exhibit B.
6.8. "AS-IS". TENANT ACCEPTS THE PROPERTY "AS IS." TENANT
ACKNOWLEDGES THAT IT HAD THE OPPORTUNITY TO INSPECT THE
PROPERTY AND EITHER INSPECTED THE PROPERTY OR CHOSE NOT
TO INSPECT THE PROPERTY.
6.9. Signs. Tenant shall not place any signs on the Premises without the prior written
permission of the OCPRC Executive Officer. All signs on the Premises shall
comply with law.
6.10. Condition of Premises During Use. Tenant shall keep the Premises and
anything stored thereon in good order, as specified in Exhibit C, in a clean, safe,
and healthy condition, free of trash, and dead plant material. Exhibit C is attached
and incorporated into this Lease. Tenant shall use the Premises and conduct its
operations so as not to cause damage of or waste to the Premises.
Notwithstanding any other provision in this Lease, Landlord acknowledges that as
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part of Tenant's natural growing operations, Tenant will be composting dead plant
material on the Premises to be used in its growing operations.
6.11. Weeds and Plant Material. Tenant must keep weeds in all gardens and
greenhouses located on the Premises at a minimum. All plant material and trash
must be recycled, composted, or disposed of properly and in the appropriate
receptacles.
6.12. Pesticides and Herbicides. Tenant shall only use organic or natural pesticides
and herbicides (and not petroleum based pesticides and herbicides or other
pesticides or herbicides, which require a state license or certification for
application) on the Premises or in its growing operations on the Premises. Tenant
shall provide copies of the material safety data sheets (MSDS), for the pesticides
and herbicides used on the Premises, to the Waterford Oaks Park Supervisor
6.13. No Smoking. Smoking is.prohibited on the Premises.
6.14. Open Houses at the Premises. During the first year of this Lease, and annually
thereafter, Tenant (at its sole cost) shall hold an open house for the public at the
Premises with the purpose of infoiming the public of Tenant's operations at the
Premises.
6.15. Educational/Special Events at Premises. OCPRC may hold up to twelve
educational/special events at the Premises per calendar year. OCPRC shall be
responsible for all costs associated with planning and hosting such events. The
Parties shall work together to plan and schedule the educational/special events at
the Premises to avoid disruption in Tenant's operations. The calendar for the
educational/special events shall be provided to Tenant by OCPRC by December
31 each year for next year's events.
6.16. Tenant Contact Information and Hours of Operation. Tenant shall provide
Landlord with a list of staff to contact in case of emergencies, including mobile
telephone numbers and e-mail addresses. Tenant shall provide Landlord with its
hours of operations at the Premises.
7. Equipment and Furnishings and Generator.
7.1. Equipment and Furnishings. Tenant shall provide, at its own expense, all
furniture and equipment it deems necessary for its operations at and around the
Premises. Tenant shall pay for all costs associated with maintaining and
operating its computer system (including access to the Internet) and any other
system Tenant installs at or around the Premises. Tenant, at its own expense,
shall be solely responsible for the maintenance, repair, and replacement of all
furniture, equipment and systems its uses at or around the Premises. Except as
expressly provided herein, Landlord shall provide no equipment, furniture, or
systems for Tenant's operations at and around the Premises.
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7.2. Landlord Provided Equipment. Tenant may use the equipment listed in Exhibit
D, which is owned by Landlord, for its operations on the Premises. Exhibit D is
attached and incorporated into this Lease. Landlord shall not be responsible to
replace any equipment listed on Exhibit D. Tenant shall use its best efforts to
maintain the equipment listed on Exhibit D, but will not be responsible for
replacement.
7.3. Generator. A Landlord-owned diesel generator is located on the Premises.
Tenant may use the generator in its current condition. Tenant shall be responsible
for the maintenance and repair of the generator and all costs associated therewith.
Landlord shall provide and pay for the diesel fuel to operate the generator, but
Tenant shall reimburse Landlord for all costs associated with the diesel fuel. The
costs for the diesel fuel shall be included with the quarterly billings for the
utilities. If the generator becomes obsolete or repair is not possible or too costly,
then Landlord is not responsible to repair or replace the generator, but may do so
in its sole discretion.
8. Services and Utilities.
8.1. Landlord Provided Services. Landlord shall provide and pay for the following
services at the Premises: (a) snow and ice removal from sidewalks, steps and
parking areas and (b) lawn and turf management services for the Premises. The
services listed in subsections (a) and (b) are included in the Rent.
8.2. Tenant Provided Services. Except for the services expressly required to be
provided by Landlord, Tenant shall provide and pay for all other services needed
at the or around the Premises including, but not limited to the following: (a) trash
removal; (b) custodial services; and (c) pest, rodent, and invasive species control
inside and outside the greenhouses and garden/growing areas.
8.3. Utilities. Landlord shall provide and pay for utilities (electric, gas, sewer, and
water) for the Premises in the manner and condition, which exist at the Premises
on the Commencement Date, except that Tenant shall reimburse Landlord all
utility costs. Landlord shall invoice Tenant for the utility costs on a quarterly
basis and Tenant shall pay such costs within thirty (30) days of receiving the
invoice. If Tenant requires additional utilities or upgrades to the existing utilities,
then Tenant shall request Landlord provide the additional utilities or upgrades.
Landlord shall use its best efforts to provide the requested additional utilities or
upgrades. Tenant shall reimburse Landlord all costs associated with such
additions or upgrades as set forth in this subsection. All utilities shall be in the
name of the "County of Oakland."
9. Maintenance and Repairs to the Premises,
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9.1. Performance and Cost of Maintenance and Repairs. Tenant shall be
responsible to provide and pay for all maintenance and repairs to the greenhouse
complexes and other buildings on the Premises
9.2. Standard of Maintenance and Repairs. All maintenance and repairs performed
by Tenant or its employees, contractors, or agent shall be done in a workman like
manner and must comply with all codes, rules, regulations, ordinances, laws, and
Landlord polices.
10. Alterations or Improvements to the Premises.
10.1. Approval of Alterations or Improvements. Tenant shall not make or
commence any alterations or improvements, exceeding Five Thousand Dollars
($5000.00), to or upon the Premises or buildings/structures located thereon, unless
prior written approval is received by the OCPRC Executive Officer, which such
approval shall not be unreasonably withheld. All costs associated with alterations
or improvements to the Premises, performed by Tenant or its employees,
contractors, or agents, will be at Tenant's sole expense. If the cost of an alteration
or improvement is five thousand dollars ($5000.00) or less, Tenant does not need
to obtain approval from the OCPRC Executive Officer for such alteration or
improvement, but Tenant shall notify the OCPRC Executive Officer of such
alteration or improvement and provide all documents relating to the alteration or
improvement.
10.2. Submission of Documents for Approval. To receive approval for alterations or
improvements. Tenant shall submit, to the OCPRC Executive Officer, all
necessary construction/specification documents, plans, and other documentation
to provide for a sufficient review. Such documents shall comply with all federal,
state & local laws, regulations, rules, codes, and ordinances
10.2.1. Landlord shall have (10) business days to review and comment.
10.2.2. If revisions are required, Tenant shall resubmit revised documents to the
OCPRC Executive Director and allow the same review period as outlined
in 10.2.1.
10.3. Tenant, at its sole cost, may pursue installing a well on the Premises, if permitted
by local and state laws, ordinances, rules and regulations. Tenant shall comply
with all other requirements of this Section, when installing the well.
10.4. Any alterations or improvements made to the Premises or buildings/structures
located thereon, shall become an integral part of the Premises and shall become
the sole property of Landlord immediately upon completion, unless otherwise
agreed by the OCPRC Executive Officer and Tenant in writing, prior to
construction. Tenant shall provide Landlord with copies all drawings, plans, and
specifications for any alterations or improvements to the Premises or
buildings/structures located thereon, upon the completion of the same.
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11. Surrender of Premises.
11.1. Condition of Premises. Upon expiration or termination of this Lease, Tenant
shall surrender the Premises in the same condition as it was on the
Commencement Date (reasonable wear and tear excepted) and in a clean
condition (free of trash and all plant materials) with all gardens and other land
flattened to the original grade.
11.2. Removal of Tenant Personal Property. On or before the expiration or
termination of this Lease, Tenant shall remove all its personal property from the
Premises. If Tenant does not remove its personal property from the Premises
within ninety (90) days of tekinination/expiration of this Lease, then its personal
property left at the Premises shall be deemed the property of Landlord and
Landlord shall remove and dispose of it, as Landlord deems appropriate. Tenant
shall be responsible for all costs associated with the removal and disposal of its
personal property left at the Premises ninety (90) days after
termination/expiration. Landlord shall invoice Tenant for such costs and Tenant
shall pay such costs within thirty (30) days of receiving the invoice.
11.3. Removal of Tenant Requested Improvements or Alterations. Upon
termination or expiration of the Lease, Tenant shall not be responsible for
removing alterations or improvements made to or upon the Premises that it had
requested, unless the OCPRC Executive Officer requests, at the time the
alterations or improvements are constructed, that such alterations or
improvements be removed. If Tenant is requested to remove the alterations or
improvements, Tenant shall be responsible for all costs associated with the
removal, including any damage to the Premises caused by the removal.
12. Liability.
12.1, Damage to County/OCPRC Property. Tenant shall be responsible for and pay
for any damage to any County or OCPRC property or facility that is caused by
Tenant, its employees, agents, invitees, volunteers, subcontractors, or any other
persons on the Premises because of Tenant's use of the Premises, except for
nounal wear and tear.
12.2. Damage to Tenant Property. Tenant shall be solely liable and responsible for
any property loss or damage resulting from fire, theft or other means to its
personal property located, kept, or stored on the Premises.
12.3. Responsibility for Claims. Tenant shall be solely liable and responsible for any
Claims, as defined herein, occurring at or on the Premises, which arise out of
Tenant's or its employees, agents, invitees, volunteers or subcontractors use of the
Premises. "Claim" means any loss; complaint; demand for relief or damages;
lawsuit; cause of action; proceeding; judgment; penalty; costs or other liability of
any kind which is imposed on, incurred by, or asserted against Landlord or for
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which Landlord may become legally or contractually obligated to pay or defend
against, whether commenced or threatened, including, but not limited to,
reimbursement for reasonable attorney fees, mediation, facilitation, arbitration
fees, witness fees, court costs, investigation expenses, litigation expenses, or
amounts paid in settlement.
12.4. Indemnification. Tenant shall indemnify, hold harmless, and defend Landlord,
its Boards, Commissions, officials, and employees from any and all Claims, as
defined herein, that are incurred by or asserted against Landlord or its Boards,
Commissions, officials, and employees by any person or entity which are alleged
to have been caused by or found to arise from the acts or omissions of Tenant or
its employees, agents volunteers, subcontractors, invitees, or any other persons on
the Premises as a result of Tenant's use of the Premises.
12.5. Hazardous Materials. Tenant shall not discharge or allow any other person or
entity to discharge any hazardous material, waste, or debris onto or into the
Premises in any medium. If Tenant or its employees, contractors, or agents
discharge or allow to discharge any hazardous material, waste, or debris onto or
into the Premises in any medium, then Tenant shall be responsible for all costs
associated with remediation of the Premises.
12.6. Survival. Section 12 and the duties and obligations contained herein shall
survive the expiration or termination of this Lease.
13. Insurance.
13.1. Tenant Provided Insurance. Tenant shall obtain and maintain insurance
according to the specifications set forth in Exhibit E during the temi of this Lease.
Exhibit E is incorporated into this Agreement.
13.2. Landlord Provided Insurance. Landlord shall maintain commercial property
insurance only for the structures located on the Premises. The premium cost for
this insurance is the responsibility of Tenant and is included in the Rent. If a
Claim, paid by the insurance required by this Subsection, arises from the acts,
performances, errors, or omissions of Tenant or its employees, agents, or others
on the Premises because of Tenant's operations, then Tenant shall reimburse
Landlord the entire deductible associated with such Claim. If a Claim, paid by the
insurance required by this Subsection, arises from the acts, performances, errors,
or omissions of Landlord or its employees or agents, then Landlord shall pay the
entire deductible associated with such Claim. If a Claim, paid by the insurance
required by this Subsection, arises from the acts, perfoimances, errors, or
omissions of Tenant or its employees, agents, or others on the Premises because
of Tenant's operations and Landlord or its employees or agents, then Tenant and
Landlord shall each be responsible for fifty percent (50%) of the deductible.
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14. Assignment and Subletting. Tenant shall not assign, sublet or in any manner transfer
this Lease or any estate or interest herein without the prior written consent of the
OCPRC.
15. Access.
15.1. Keys. Landlord shall give Tenant keys for access to the greenhouses located on
the Premises. Upon the termination or expiration of this Lease, Tenant shall
return all keys to Landlord.
15.2. Access to Premises. Landlord shall have twenty-four (24) hour access to the
Premises for inspecting the Premises for compliance with this Lease. By
December 31, 2017, the Parties shall create a procedure, to be followed by
Landlord's employees and Tenant, for entry onto or into the Premises. The
purpose of this policy is to protect Tenant's growing operations.
15.3. Access to Masonry Garage. Landlord shall have twenty-four (24) hour access to
a portion of the existing masonry garage located on the Premises, as depicted on
Exhibit A and may store equipment or supplies therein. At its sole cost, Landlord
shall install and pay for: (1) a wall in the masonry garage to separate the space
used by Landlord, and (2) a separate entrance into the masonry garage. Landlord
shall only enter the masonry garage through the entrance it installed. If Tenant
desires to use the boiler located in the mechanical room located in Landlord's area
of the masonry garage, then the Parties shall amend this Lease to include that use.
16. Security Deposit. Upon execution of this Lease, Tenant shall pay ten thousand dollars
($10,000.00) to Landlord as a security deposit, which shall be held by Landlord in a non-
interest bearing account. Upon the termination or expiration of this Lease, the security
deposit may be used to reimburse Landlord for any outstanding monies due and owed to
Landlord by Tenant under this Lease. If there are no outstanding monies owed to
Landlord under this Lease, then Landlord shall return the security deposit to Tenant, via
check, within one hundred and twenty (120) days of date of termination or expiration.
17. Reservation of Rights. This 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, capacity, or immunity of Landlord.
18. Liens and Taxes. Tenant shall be responsible for all assessments or taxes (real or
personal) imposed on it because of this Lease, its equipment, its operations at the
Premises, and/or improvements, requested by Tenant, to the Premises. If Landlord is
assessed real property taxes because of Tenant's use of the Premises, Tenant shall pay
these taxes when due. Tenant shall keep the Premises and any structure located thereon,
free of all liens for materials furnished or labor performed.
19. Damage/Destruction of Premises.
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19.1. Landlord Obligation to Repair or Rebuild. Notwithstanding any other
provision herein, if the Premises are damaged or destroyed by fire or other
casualty, OCPRC, in its sole discretion, may elect to either repair or rebuild the
Premises or to terminate this Lease by giving written notice to Tenant within
ninety (90) days after the occurrence of such damage or destruction. Tenant will
have ninety (90) days from the date of the notice to vacate the Premises. In no
event, shall Landlord be required to repair or replace any property of Tenant.
19.2. Tenant Option to Terminate. If Premises are partially damaged or destroyed by
fire or other casualty and if OCPRC elects to repair or rebuild the Premises and
such work cannot be repaired or rebuilt within one hundred eighty (180) days
after such damage or destruction, Tenant shall have the right to terminate this
Lease and vacate the Premises within ninety (90) days after the occurrence of
such damage or destruction.
19.3. Reduction in Rent. If OCPRC elect to repair or rebuild the Premises and Tenant
does terminate this Lease pursuant to this Section, then the amount of Tenant's
Rent shall be reduced by the percentage of unusable square footage, until the
repairs or construction are complete.
20. Landlord Intellectual Property. Tenant shall have no copyright, patent, trademark or
trade secret rights in Landlord's Intellectual Property, including its servicemark.
21. Tenant Use of Landlord Servicemark.
21.1. Landlord grants Tenant the non-exclusive right to use its servicemark, as it is
depicted and listed in Exhibit F, on publications (in any format) related to or
associated with performance of this Lease. Pelmission to use the servicemark
extends to use on Tenant's website.
21.2. Tenant shall only use the servicernark in Exhibit F for the purposes described in
this Lease and not for any other purpose.
21.3. Tenant acknowledges that Landlord has certain rights in the servicemark depicted
in Exhibit F and that Tenant has no right, title or interest in the servicemark.
21.4. The servicemark covered under this Section shall be provided at no cost to
Tenant.
21.5. Tenant's permission to use the servicemark in Exhibit F shall cease when the
Lease is terminated and/or expires or if Tenant fails to comply with this Lease.
Immediately upon termination and/or expiration of this Lease or failure to comply
with this Lease, Tenant shall not display or depict the servicemark on its website
or display, distribute or create any publication (in any format) or display,
distribute or create other items that contain the servicemark.
Lease — Version (07-27-17)
11
22. Eminent Domain. If the whole Premises are taken by any public authority under the
power of eminent domain, then this Lease shall be teuninated on the day the public
authority takes possession of the whole Premises. If less than the whole, but more than
thirty-five percent (35%) of the Premises are taken by any public authority under the
power of eminent domain, then either Party may terminate this Lease upon thirty (30)
days written notice to the other Party. In the event neither Party elects to terminate this
Lease, the Lease shall tet minate on the date the public authority takes possession of the
Premises.
23. Quiet Enjoyment. Upon performance of its obligations under this Lease, Tenant shall
peacefully and quietly hold and enjoy the Premises for the Term of this Lease without
hindrance or interruption by Landlord, its agents or employees, subject to the terms of
this Lease.
24. Modifications. This Lease may be modified or amended only by written agreement of
Landlord and Tenant.
25. Remedies Not Exclusive. Each right and benefit provided by this Lease shall be
cumulative and shall not be exclusive of any other right, remedy or benefit allowed by
law or in equity to either Party.
26. Use of Words. The pronouns and relative words used in this Lease shall be read
interchangeably in masculine, feminine or neuter, singular or plural, as the context
requires.
27. Governing Law. This Lease shall be interpreted under and governed by the laws of the
State of Michigan.
28. Severability. If a term or condition of this Lease is found, by a court of competent
jurisdiction, to be invalid, unenforceable, or to violate or contravene federal or state law,
then the term or condition shall be deemed severed from this Lease; all other tenns,
conditions and provisions shall remain in full force and effect.
29. Waiver. No waiver of any tenu or condition of this Lease, whether by conduct or
otherwise, in one or more instances, shall be deemed or construed as a further continuing
waiver of a tenn or condition of this Lease. No remedy available to a Party for the other
Party's breach of this Lease is intended to be an exclusive remedy. A Party's exercise of
any remedy for breach of this Lease shall not be deemed or construed to be a waiver of its
right to pursue another remedy.
30. Binding Effect. Subject to the limits in Section 14, the temis and conditions of this
Lease shall be binding and shall inure to the benefit of the Parties and their respective
heirs, representatives, successors and assigns.
31. Notice. 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:
Lease — Version (07-27-17)
12
To Landlord:
To Tenant:
Oakland County Board of Commissioners
1200 North Telegraph
Pontiac, MI 48341
and
Oakland County Parks and Recreation Commission
Executive Officer
2800 Watkins Lake Road
Waterford, MI 48328
and
Property Management Specialist
Oakland County Department of Facilities Management
1 Public Work Drive
Waterford, MI 48328
[INSERT NAME AND ADDRESS]
32. Default. If Tenant defaults in any of its obligations under this Lease, Landlord shall have
all remedies available to it under the law.
33. Execution in Counterparts. This Lease may be executed in several counterparts, each
of which shall be an original and all of which shall constitute but one and the same
instrument.
34. Entire Agreement. This Lease constitutes the entire agreement of the Parties with
respect to the Premises and all prior negotiations, agreements and understandings, either
oral or written, are merged herein.
Lease — Version (07-27-17)
13
Tenant, fINSERT NAME]
By:
Signed and sworn to before me in Oakland County, Michigan, on day of , 20
Notary Public, State of Michigan,
Oakland County
My Commission expires:
Acting in the County of Oakland
Landlord, County of Oakland
By:
Michael A. Gingell, Chairperson
Oakland County Board of Commissioners
Signed and sworn to before me in Oakland County, Michigan, on day of
,20 .
Notary Public, State of Michigan,
Oakland County
My Commission expires:
Acting in the County of Oakland
Lease — Version (07-27-17)
14
30 60 Feet I I _ EXHIBIT A Residential Property 1580 Scott Lake Road (Separate Lease) Waterford Oaks County Park 2800 Watkins lake Road Waterford, MI 48328 Legend 1=I Water Oaks Park Boundary =I Proposed Lease Area - 4.5 Acres Tree Nursery & Bern Areas * Project Locaton Waterford Oaks County Park Proposed Lease Area -C( SHT.1 OF 1 OAKLAND COUNTY PARKS [Lakin. [cum, kurks and Roue.= runs WOU41.5 'Ake Road IMrterfocl, 2413.55A9115 www,Onklanr.lc.nmArm.com
EXHIBIT p,
11492
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND
ERIC M. ERNST and
DIANE ERNST, husband and wife,
Case No, 91-422171-CZ Plaintiffs,
-vs-
WAIERFORD TOWNSHIP, a Michigan
Chartered Township, and
EDWARD J. FISH, JR., Waterford
Township Director of Planning,
Defendants.
STUART B. COONEY (P 25900)
Attorney for Plaintiffs
GERALD A. FISHER (P 13462)
Attorney for Defendants
30903 Northwestern Highway
P.O. Box 3040
Farmington Hills, MT 48333-3040
(313) 851-9500
Hon, Barry Howard
Fri
t73
Ul
- :7)
CONSENT JUDGMENT
At a session of said Court held in the Courthouse
in the City of Pontiac, County of Qakland, State
of Michigan on DEG 1 -5 1992
PRESENT•: Honorable
BARRY L. HOWARD
CCUfl )l}D(_E
The parties having filed pleadings in this case raising the
question of the extent to which Act 93 of the Public Acts of 1981,
as amended, the so-called Michigan Right to Farm Act, restricts
Township regulation of Plaintiffs property and operation, and the
parties having resolved this dispute by compromise agreement that
the Plaintiffs' property and operation shall be restricted as
KOHL. ArtR ST. WAkDLE, LYNCI-S. CLARK AND kAMPTONI E)CHIBIT B
provided in this Judgment based upon the Court's equitable
jurisdiction, and the Court being fully advised'in the premises;
NOW, THEREFORE, IT IS ORDERED AND ADJUDGED AS FOLLOWS:
I. The property which is the subject matter of this Consent
Judgment ("the property") is known as parcel number 13-13-300-195,
commonly known as 1580 Scott Lake Road, Waterford Township, Oakland
County, Michigan. The property is approximately 5,2 acres in area.
2. Plaintiffs shall be authorized to use the property as
permitted in this Judgment-
3. Plaintiffs shall be permitted to retain and use the
structures currently situated on the property, as shown as existing
structures on the Plan attached and incorporated as part of this
Judgment, The structures shall be used for the purpose specified
an the Plan. Plaintiffs shall be enjoined from constructing and/or
using any one or more structures on the property which are not
expressly permitted in this Judgment, subject to the provisions of
Paragraph 8, below,
4; Aside from single family residential use, Plaintiffs shall
be permitted to use the property for the purpose of growing flowers
and plants, and for retail sale of such flower and plant materials
grown an the property. There shall be no importation to and sale
from the property of items or materials not grown on the property,
provided, Plaintiffs shall be permitted to purchase plant materials
which are grown from seed on other premises, with the understanding
that at least four weeks of the growth process for such materials
shall occur on the property prior to sale. With the sale of
flowers and/or plants, Plaintiffs shall he permitted to sell pots,
baskets or potting soil for flowers and/or plants (mixed on the
2
SECR EST, WAROL8, LYNCH, CLARK AND HAMPTCPN-,.. EXHIBIT B
premises). Plaintiffs shall be enjoined from using the property
for purposes other than single family residential use except as
expressly authorized in this Judgment, and, subject to the
provisions of Paragraph 8, below,
5. Plaintiffs shall be permitted to use the property for the
retail sale of the referenced flowers and plants, and the related
items specified above, within the season or period May 1 through
June 10 each year In addition, at times other than in the May 1
through June 10 season, Plaintiffs shall be permitted to make
casual sales of such items in accordance with this paragraph. Such
casual sales are intended to involve the presence of up to one or
two customers at a given time on the property, While Plaintiffs
shall not be required to prohibit a small number of additional
customers (more than one or two) from being present on the property
at a given time, it is the intent of this Judgment that, except
during the May 1 through June 10 season each year, the presence of
more than one or two customers on the property at a given time
would -represent the exception to the rule, and shall in no event
represent the typical circumstance or pattern of activity. The
limitation of selling season to May 1 through June 10, and a
restriction of sale activity to casual s ales at other times, as
outlined above, constitutes the fundamental basis for the
Township's consent to this Judgment, and, accordingly, this
provision shall be strictly enforced by the Court.
6, Customers for the retail sale of the items specified above
shall gain ingress and egress, and shall park their vehicles, as
follows:
3
KOHL, SECR EST. WARD LL LYNCH. CLARK ...Nu HAMPTON EXHIBIT B ,
(a) While Plaintiffs operate with the currently existing
structures, as shown on the attached Plan, and/or
expand the structures in the manner permitted below
so as to include proposed addition number 1 and/or
proposed addition number 3 (both of which are
temporary growing structures of pole construction
without permanent foundation and with poles set in
concrete pots in the ground to provide stability),
the following shall apply:
(1) Miring the May 1 through June 10 season,
Plaintiffs shall be permitted to utilize the
existing driveway onto Scott Lake Road adjacent
to the residence on the property, and Plaintiffs
shall also be permitted to utilize a second
driveway onto Scott Lake Road, provided: (i)
Plaintiffs must first seek and obtain a permit
for such second driveway from the Road
Commission for the County of Oakland; (ii) the
location of such second driveway shall be
situated as determined by mutual agreement
between the Township and the Road Commission for
Oakland County to be the safest location for
such second driveway (with the Court reserving
jurisdiction to resolve any dispute in this
regard); and (iii) such second driveway shall
not be used, and shall be blocked from use by a
locked gate or comparable device restricting any
vehicular access, at all times other than during
the May 1 through June 10 season.
(2) Upon establishment of the landscape buffer
(which shall include existing and new trees)
along Scott Lake Road, as shown 011 the attached
Plan, in addition to the existing parking area
adjacent to the sales office, Plaintiffs may
permit customers to park in the second parking
area designated on the Plan, located between the
greenhouses and Scott Lake Road. Such area may
be maintained in grass, however, if the Township
determines in the exercise of reasonable
discretion that persons using or traveling in or
on such second parking area have tracked an
accumulation of dirt, mud or the like onto Scott
Lake Road, Plaintiffs shall forthwith cease
using the second parking area and second
driveway unless and until the second parking
area is graveled in a manner which is customary
for gravel parking lots for retail business
purposes, as reasonably specified by the
Township Planning Department.
(b) In the event Plaintiffs obtain approval for proposed
addition number 2, as shOwn on the attached Plan,
4
EXHIBIT B
then, prior to occupancy and/or use of addition
number 2, Plaintiffs shall
(1) Abandon and remove the second driveway.
(2) Widen the existing driveway as shown on the
attached Plan.
(3) Abandon and absolutely cease and desist from
using, and be enjoined from using, the second
parking area as a parking area, including
removal of any gravel surface of such second
parking area if a gravel surface had been
established.
(4) Be permitted to establish and use parking area
number 3, as shown on the attached Plan, north
and/or east of the barn on the north end of the
property, to be utilized in conjunction with the
currently existing parking area.
7. Subject to the terms set forth below, if and when
Plaintiffs desire to place one or more new structures or additions
on the property for use in growing and/or selling flowers or
plants, such structures shall be restricted to the three proposed
additions labeled proposed addition numbers 1, 2 and 3 on the
attached Plan. Plaintiffs shall seek authorization for the
construction and use of such structures or additions by the
submission of a site plan in accordance with the specifications for
a site plan set forth in the Waterford Township zoning ordinance.
Such site plan shall be submitted in triplicate to the Director of
the Planning Department, The Planning Department shall forward
copies of the site plan to the Director of the Building Department
and to the Township engineer. The Planning, Building and
engineering Departments shall administratively review such site
plan (in lieu of customary site plan review by the Planning
Commission) for the purposes of;
5
KOHL, 9 ECREST, WARDLZ. LYNCH, CLARK AND HAMPTON EXHIBIT p
(a) Ensuring the adequacy of parking, as shown on
attached plans for future parking.
(b) Ensuring that the new proposed structure would he
consistent with this Judywent,
(c) Reviewing for the issuance of a building permit,
including conformance with applicable building codes.
(d) Ensuring that the structure is within the designated
area for future structures, as shown on the attached
Plan.
If the site plan mCets the provisions set forth above, is in
conformity with all applicable law and ordinances (with the
understanding that the terms of this Judgment shall take priority
over ordinances inconsistent with this Judgment), and is in
conformance with this Judyment, permits shall be issued.
No structures or improvements not shown on the attached Plan
shall be permitted, and the same shall be enjoined, subject to the
terms of Paragraph 8, below.
8. Notwithstanding any provision of this Judyment to the
contrary, Plaintiffs shall be entitled to apply to Waterford
Township for a rezoning and/or for a "variance" from the Zoning
Board of Appeals, in which case such applications shall be governed
by applicable ordinance and law.
9. The terms and provisions of this Judgment shall be binding
upon, and shall enure to the benefit of, the parties hereto, and to
their respective successors, assigns, grantees and transferees.
10. The Court shall retain jurisdiction of this case for
purposes of enforcing this Consent Judgment.
11. Plaintiffs shall be required to pay all applicable
building permit and site plan review fees required in the future in
connection with proposed future improvement/expansion, and shall
6
By: 2
STUART B. COONEY (P26900)
Attorney for Plailrtiffs
LE, LYNCII,
By
GERALD FAHER (P 134162)
Attorney for Defendants
EXHIBIT B
pay the building permit fees for the buildings which have been
newly constructed on the property.
12, This Consent Judgment may be recorded by either party with
the Register of Deeds for the County of Oakland.
13. All claims and causes of action of Plaintiffs
Defendants shall be merged as part of this Consent Judgment,
including, without limitation, the dismissal with prejudice of all
claims for money damage relief.
BARRY
CI ii" •lOGE
CIRCUIT COURT JUDGE
Approved as to form, substance
and entry:
CAMPBELI, KEENAN, HARRY & COONEY
9-972,16:WnFtKI
7
1,- 1
- 4 , II r fl II ,1 L; LL T T1
- I rc- fIL' 47, - • r• -.!!! !!_!
' r FAH.: SITE PL
EXHIBIT B
GERALD A. FISHER
KOHL, SECREST. WARDLE, LYNCH,
CLARK AND HAMPTON
COUNSELORS AT LAW
30903 NORTHWESTERN HISHIWAY
P,O. SOX a 0.41 0
FRRMINSTON HILLS, MICHIGAN -AH333-3040
TELEPHONE- 0I3 .304-o 500
7ELEE.A.63.0ENLE (3I3) ,35p2133
December 8, 1952
RA MAcom a PLACE
MT. CLEMENS, Mt4E043-73 03
(313)455-71130
TELEFACs5.4N_E(013)465.073
7335 7423T3HIRE DR., SW1E103
LANSING, 44146917-3764
)5E7) G27-1551
TEFACSIMILE (517,1 627,14307
500A TRUST SUILDING
AC PEARL STREET. N,W,
cHANDI,zARIDE, H144503,3009
f6 16)-35 3-464
TELEF0,C51311LE IC[61436-1450
3061 COMMERCE DEIVS
P.O. PDX 6110615
PORT MORON, 1-114E1061-1066
I1 31S15.5-5302
TELEPACEIMILE(313)335-9SS3
Township Board
Charter Township of Waterford
5200 Civic Center Drive
Waterford, MI 48329
RE: Eric M. Ernst, et al v Waterford Township, et al
Dear Members of the Township Board:
The referenced case was commenced against the Township by
Mr, and Mrs, Ernst in November of 1991 relative to their
greenhouse/retail sale activity on the east side of Scott Lake
Road adjacent to the Waterford Oaks County Park. The lawsuit
seeks a court determination that: (1) The greenhouse/sale
activity amounts to a "farm operation governed by the Michigan
Right to Farm Act; (2) The Township has no right to regulate
the activity; (3) The property owners have the right to
install buildings consistent with appropriate farm practices;
and (4) The Plaintiffs request money damages for a violation
of the civil rights of the Plaintiffs,
Because of an earlier decision in the Michigan Court of
Appeals which I consider to be improperly decided, Plaintiffs
have some basis for claiming that their operation is exempt
from applicable zoning ordinances. In order to correct this
situation, the Township would be required to take this case to
the Michigan Court of Appeals, and probably have to seek relief
in the Michigan Supreme Court, a court which only takes those
oases which they deem to be meritorious, Thus, in order to
fight this case, the Township would have to expend significant
amounts of money.
Consequently, we have been negotiating for the. purpose of
determining whether a settlement agreement could be reached
which would be mutually acceptable to the parties, and serve as
an inducement not to litigate further.
RIECEMT
0-.EC 9 122
, rti„
PLANNINI6 CONom..,
EXHIBIT B
sECREST, WAR D LE. LYNQH,
CLARK AND HAMPTON
Waterford Township Board
December 8, 1992
Page Two
Enclosed is a proposed form of Consent Judgment which
permits a moderate expansion of the operation, but restricts
any type of extensive business on the property.
The enclosed Judgment, together with a present and future
site plan (to be provided to you by the Planning Department)
are recommended as a very appropriate alternative to further litigation in this case.
I am hopeful that you will be able to act on this at your
meeting of December 14, 1992. We have a court date scheduled
on December 15, 1992, at which the Court is awaiting
determination on settlement.
Best regards,
GAF/jes
cc: Ed Fisch, Planner
James Schafer, Planner
EXHIBIT B
.OFFICERS
Dennis M. Ritttr, Suprvisor
13Lby Fortino, Clerk
Paul E, Deni, Treasurer
Gwencia Dempsey, Trustee
Sill Glover, Trustee
Katherine G. lanes, Trustee
Jean A. Scott, Trustee
WATERFORD
A CTIAITED TOWNWID
6200 Cl.ric Center Drive
Waterford, Michigan 48329-3773
Telephone 674-3111
DEPARTMENT OF PLANNING
Edward J. Fisch, Jr.
Director
MEMORANDUM
DATE: December 7, 1992
TO: Dennis M. Ritter, Township Supervisor
FROM; Jim Schafer, Assistant Director - Planning' Department
RE: Ernst Site Plan/Consent Judgement
Attached is the most recent revision to the above-referenced site plan which was delivered to
this office by Bill Goga - Met Engineering on today's date. The plan has been revised to
adequately address all of the Planning Department's previous review comments. Ey way of a
copy of this memo, I am informing Gerry Fisher of same.
If you have any questions, please give me a call
JTS/pah
cc: File
3061 COMMERCE DRIVE
P.O. BOO GUM ea
PORT HURON, m143061-1033
(33)355-13366
I_ErACSIHILE (0i3) 9090
'WSW
EXHIBIT B
„ -
GERALD A_ FIFIER
KOHL.SECRST, WARDLr., LYNCH,
CLARK AND HAMPTON
COUNSELORS AT LAW
30903 NORT4-IWESTE3 N HIGHWAY
P.O. BOX 3040
FARMINGTON HILLS, MICHIGAN 48333-3040
TPLERHONIE {3 i3 )85 ""5 "
TELERACSIM ILE 013) 13-3/.2156
November 4, 1992
24 MAcoma PLACE
MT, CLEMENS, RE 4E1043.7900
1313)-435-71ED
TELERA5IMILE301463•0670
7330 WESTSNIRE 011..5w-a
LANSING, MI 46017,375z
(SP) 627.ra SI
TELEFACS I4 ILE 151711 607-1337
300A TRUST BUILDING
40 PEARL. STREET,
GRAND RAPIDS, 3I49303-3009
(610)459.3348
TELEFACSIMILE 11R iEj 4E6-1430
Stuart B. Cooney, Esq.
Clarkston Mills, Suite 1
20 West Washington Street
Clarkston, MI 48346
RE: Ernst v Waterford TownshiprA
Dear Stuart;
Consistent with Our discussion, I have now prepared what I
understand to be the final draft of the Consent Judgment text
for the referenced case, which is enclosed with this letter.
It is my understanding that your client is in the process
of having Mr. Goga make all necessary modifications in the
plans which will be attached to the Judyment. 7 strongly
recommend that you also make contact with Mr. Goga so that all
of the inclusions on the plan, as required in the settlement,
find their way into the plan,
Also consistent with our telephone discussion, in order to
save our clients the cost of an unnecessary court appearance, I
have made arrangements with Judge Howard's office to modify the
trial date in the case from November 9, 1992 to Tuesday.
December 8, 1992 at 8:30 in the morning.
When the plan has been completed by Mr. Goga, please have
copies immediately delivered to James Schafer in the Township
Planning Department for review
I am hopeful that we will be able to place this matter
before the Township Board within the next couple weeks.
EXHIBIT B
KO. WARDLE, LYNCH,
CLARK AND FIAPAF.TON
Stuart B. Cooney, Esq.
November 4, 1992
Page Two
Best regards.
Yours very truly,
Gerald A. Fisher
GAF/jes
Enclosure
cc: Dennis Ritter, Supervisor
James Schafer, Planner
EXHIBIT B
MEMO: October 19, 1992 -
TO Dennis Ritter, Supervisor
FROM:
APJim Schafer, Ass't. Planning Director
RE: Ernst v. Waterford Township
The Planning Department has reviewed the latest revised
draft of a proposed consent judgement for the above-referenced
case. As revised, we have no additional comments which remain to
be addressed as far as the text is concerned. However, we have
not received a revised site plan reflecting the provisions of the
draft consent judgement. Therefore, until such time as we have
had the opportunity to review and comment on said plan we are
unable to affirm conformance of the draft consent judgement text
with the required site plan.
Accordingly, we await submittal of the site plan for our
review and comment. By copy of this memo Gerry Fisher has been
notified of the status of this case from the Planning
Department's perspective.
If you have any questions please give me a call.
JTS/gd
cc d Fisch, Planning Director
-Gerry Fisher, Township Attorney
File
WATMEOY-M TOWN SHP
PLAN IN C.1.C,)MMS)iCJ
PER -
EXHIBIT B
GERALD A FISHER
KOHL, SECREST, WARDLE, LYNCH,
CLARK AND HAMPTON
COUN S ELORS AT LAW
30902 NORTI-LeorBBTSZN, HIGHWP,Y
P.O. S0.:1040
FARMINGTON HILLS, MICHIGAN 45333-$040
TELEPHONE 313) e51-9500
TELEE.LE 513) ,3-51.215e
October 13, 1992
94 MACOMB NLAC
NT. CLEMENS, MI A5043-7902
(319) 4E5-7150
TELEFAuSD11 1...90.1a)46.5-0675
725 5 WE9T5H122 De., SUITE '02
LANSING. 9148917,9764
i617) 627-leen
7ELEFACSIMILL i917I 6E7.1687
500A TRUST BUILDING
40 PEARL STNEET,
GRAND RAPIDS., 9149503,9005
)616)469.9545
TELEFAGSI MILE 456A450
Stuart 8. Cooney, Esq.
20 W. Washington, Suite ie .
Clarkston, MI 48346
RE: Ernst v Waterford Township
Dear Stuart:
Enclosed is a marked up copy of my prior September 29, 1992
draft of Consent Judgment, containing modifications consistent
with your October 7, 1992 letter to me. The changes made are
as follows:
1. In Paragraph 4, 1 have added language which would
permit, with the sale of flowers and plants, the sale of pots,
baskets or planting soil for such flowers and/or plants (mixed
on the premises). I have not included your requested
authorization for the independent sale of potting soil for the
reason that this opens the door to retail operations beyond the
contemplation of all of our settlement discussions.
2, In Paragraphs 5 and 6, I have broaden the language so
as to include the concept that, in addition to the sale of
flowers and plants, there would be the authorization for the
sale of the items specified in Paragraph 4.
3. In Paragraph 6(a), I have clarified that the temporary
growing structures of pole construction would have poles set in
concrete pots in the ground to provide stability.
-4. In Paragraph 6(a)(2), I have clarified that the
parking lot would not have to be graveled until an accumulation
of dirt, mud or the like was determined to be tracked onto
Scott Lake Road.
5. In Paragraph 11, I have deleted reference to the
requirement of your client paying penalties relative to the
failure to obtain building permits for the newly constructed .
buildings on the property.
EXHIBIT B
KO.L, SECREST, WARDLE, LYNCH,
CLARK AND HAMPTON
Stuart B. Cooney, Esq,
October 13, 1992
Page Two
Finally, with regard to the landscape buffer, the purpose
of such improvement is to prevent ingress and egress in all
locations along Scott Lake Road except at the approved
driveway, and to establish a buffer between the parking area
and the street and nearby residential. I have confirmed with
the Township planning staff that the buffer requirement should
take effect at such time as the area adjacent to Scott Lake
Road is to be utilized for parking purposes.
In order to proceed expeditiously on this matter, I am
transmitting this letter to you concurrent with my transmittal
to Township officials. In the event that the Township
administration is not satisfied with any of these proposed
'modifications, I will advise you as quickly as possible.
In the meantime, please confirm that these modifications
provide an appropriate basis for resolution of the case so that
I can schedule this matter for consideration by the Township
Board.
Best regards.
Yours very truly,
Gerald A. -Fisher
GAF/jes
cc: Dennis Ritter, Supervisor
Jim Schaefer, Assistant Township Planner
.IFYL\J:7:11-11?
EXH BIT B
GERALD A. FISHER
KOHL, SECREST, WARDLE, LYNCH,
CLARK AND HAMPTON
COUN9LOR5 AT LAW
30503 NI ORTNWST ERN HI.G1-tWAY
P.O. BOX 30.40
FARMINGTON HILLS, MICHIGAN 48333-30.40
TELEPHONE (313) 854•8500
TELEPADSIMILD (3L3) 55I-2TSD
September 29, 1992
94 MACOMB PLACE
cLEmENs. 8149045 7303
[313) .399 80
TELEFACSIM ILZ (913)4950975
7335 WESTSH IRE DR., SUTS 105
LANSING, mi 49,917•879.4
(917) 597.11501
TELEFACSIMILE (5 927.1687
5004 -MUST BUILDING
-4-0 PEARL STREET, MW..
GRAND RAPIDS, 8149503,3009
(RIG) 455•91548
TELFEAC5IMILS (3 r6; .159•1450
Stuart B. Cooney, Esq.
20 W. Washington, Suite
Clarkston, MI 48346
RE: Ernst v Waterford Township, et al
Dear Stuart:
I am in receipt of your September 24, 1992 letter,
accompanied by a proposed re-draft of Consent Judgment in the
referenced case. Your re-draft incorporated several
modifications. Subject to the discussion below, I have made
the modifications you have requested, and have revised the
Judgment accordingly.
With regard to Paragraph 4, you have deleted reference to
"flowers. and plants," and have substituted authorization for
greenhouse growing and processing procedures and for limited
retail sale of the products as produced on the premises, The
substitute language proposed is too broad, and would permit
activities well beyond those ever discussed. I have attempted
to address the concern raised in your September 24, 1992 letter
by adding additional language to Paragraph 4, which is offered
for your review,
In Paragraphs 5 and 6, you have again substituted the
phrase "greenhouse products" for "flowers and plants." My
notes reflect that we have consistently discussed the sale of
flowers and plants, and the phrase "greenhouse products," to my
knowledge, has no definition or practical limitation. Thus. I
have reinserted "flowers and plants."
In Paragraph 6(a), your client indicated that the temporary
growing' structures would not have cement or other permanent
flooring. What is the meaning of the. phrase "cement based,"
contained in your draft?
pqjp.7.B.
KOHL. SECREST, WARP LE. LYNCH,
CL,ARK AND HAMPTON
Stuart B. Cooney, Esq.
September 29, 1992
Page Two
In Paragraph 6(a)(2), why shouldn't Plaintiffs have to
establish the tree buffer prior to starting the new parking
use? The use of the front lawn area for parking was the basis
for requiring the tree buffer, both for aesthetics, and to
assure that cars used only the driveway access onto the
property.
In Paragraph (6)(a)(2), you have indicated a proposal to
have the Road Commission, and not the Township, make the
determination whether dirt has been tracked onto the public
road, which would give rise to the requirement to gravel the
parking area. Inasmuch as this represents a departure from our
discussions and agreement at the property, I will pass this
along to the Township for review.
With regard to Paragraph 6(b)(1), as noted above, the tree
buffer was related to the parking of cars adjacent to Scott
Lake Road, and not to the utilization of the additional
building.
With regard to Paragraph 7, you have deleted from plan
review for your clients' proposed additions the review for the
adequacy of parking. Parking is of significant importance, and
has been part of our discussion (and I thought agreement) from
the beginning, as reflected in my letter to you of
April 16, 1992.
With regard to Paragraph 7(b), I have no difficulty with a
clarification of terms. Please advise of the intent of your
limitation that review for applicable building code conformance
would be limited to building codes "as applicable under this
agreement?"
At the end of Paragraph 7, you deleted the requirement that
new structures must comply with applicable law and ordinances,
1 am unclear on why such language was deleted. It is my
assumption that your client has no desire to propose a building
structure which does not comply with applicable ordinances and
law, subject to the terms of the Judgment. Please advise on
this issue.
With regard to Paragraph 8, I am unclear what you mean by
the language which authorizes Plaintiffs to apply for a
variance from the strict terms of the Judgment. This is
something never discussed. Obviously, a party is always
entitled to request the Township Board to modify the judgment.
EXHIBIT B
KOHL,SRESTWARDLE. LYNCH.
CLARK ANC HAMPTON
Stuart B. Cooney, Esq.
September 29, 1992
Page Three
With regard to Paragraph 11, the obligation to pay any
penalties for failing to get a building permit has consistently
been part of our discussion. Again, see my letter of April 16,
1992.
I have attempted to provide expedited turn—around time on
your proposal in order to avoid problems with the court's
docket, and to put this matter to rest as quickly as possible.
Your expeditious treatment of the enclosed would be most
appreciated, and would save our clients the necessity of
further court appearances, and the like,
Best regards.
Yours very truly,
Gerald A. Fisher
GAF/jes
Enclosure
cc: Dennis M. Ritter, Supervisor
Ed Fisch, Planner
Jim Schafer, Planner
Stuart B. Cooney, Esq.
Campbell, Keenan, Harry & Cooney
20 West Washington
Suite 1
Clarkston, Michigan 48346 WATEFIFORD TOT:NSF-IP
KANN NG COM M If5S-!ON
1-1)117(1,'' F IT vil Vj L - SEP 2 1992
EXHIBIT B
GERALD A. FISHER
KOHL, sECREST, WARDLE, LYNCH,
CLARK AND HANARTo N
COUNSELORS AT LAW
2-9903 IJOIRTHWEST=EIRN HIGHWAY
P.O. DO% a 040
FARMINGTON HILLS, miciliGAN
TEL.F.HoNE (stS) e5I-950o
(134 .551.EIS8
August 31, 1992
SA MACOMB PLACE
MT CLEMENS, MI 48043-7903
(113) A ss-nao
TE.LcrAcs[miLl.3)4es-o573
733.S WESTSHIRP OR.. SUITE IOS.
LANSING. MI 413.517.9764
)517/ 627-/8131
TELEFACSIMILE (SI/} 6zi.lsa7
3o0ATIlu5T eLALSING
AO PEARL STREET, M.W.
GRAND RAPICS, MI 49503.3009
45s-sa4a
TELEFAcSIMILE(els).4s6LASC
RE: Ernst v Waterford Township, et al. PER
Dear Stuart
Consistent with our meeting of August 27, 1992 relative to
the referenced case, I have prepared a proposed form of Consent
Judgment resolving all aspects and issues in the case.
It is my understanding that Plaintiffs will now have Kieft
Engineering prepare a final Plan for attachment to the proposed
Judgment, The new Plan must include the designations and
inclusions specified in the proposed Judgment, including:
- Designation of existing parking area.
- Designation of-second parking area.
- Designation of third parking area,
- Designation of existing driveway.
Specification of the manner in which the existing
driveway will be expanded in the event Plaintiffs
proceed with proposed addition number 2.
- Designation of driveway number 2.
- A description of the uses for each building, including
the growing areas and sales office.
EXHIBIT B
K01-. SC REST. WARDLE, LYNICH
Stuart B. Cooney, Esq. CLARK AND HAmPTON
August 31, 1992
Page Two
am concurrently transmitting a copy of the enclosed draft
of settlement to Dennis Ritter, Supervisor, and to Co-counsel,
If any modifications are required as a result of review by
them, I will advise you as quickly as possible,
Once you have had an opportunity to review the enclosed
with your clients, please contact me for further processing of
this matter at your earliest convenience.
Best regards.
Yours very truly,
Gerald A. Fisher
GAF/kms
Enclosure
cc: Dennis Ritter, Supervisor
James Schafer, Planner
Sean P. Fitzgerald, Esq.
nest regards.
EXHIBIT B
G E RALD A. F/SITER
KOHL, SECREST, WARDLE, LYNCH,
CLARK AND HAMPTON
cOLINSELORE AT LAW
-30903 N n -rHWESTERN HIGHWAY
180X 3040
FARMINGTON MILLS, 'MICH/GAN 4583a-3040
-1-l-PHONE (313) 851-9500
TELEFACSEMILE (813) 451.2158
February 27, 1992
04 MACENMO PILAGE
MT. CLEMENS. MI 48043-7003
{318)445-7160
TELEFACSTMILE (313)465-0073
7335 wesrstsipE DR, SUITE 103
LANSING, MI 46917-5704
1517) 657.1581
TRLEFACSIMILE 01711027-1007
SODA TRUST 'BUILDING
40 PEARL STREET. N
GRAND RAPIDS, M[49503.3009
(16) 459-5848
T rt_rFAcsi MILE (016) 480-1480
Ed Fisch, Planning Director
Charter Township of Waterford
5200 Civic Center Drive
Waterford, MI 48329
RE: Ernst v Waterford Township, et al
Dear Ed:
As part of my preparations in the referenced case, it
occurred to me that Mr. and Mrs. Ernst had previously engaged
in negotiations (and possibly court proceedings) relating to a
conveyance of a portion of their property to Oakland County
Parks Recreation, It would be extremely insightful to know
whether Mr, and Mrs. Ernst claimed in negotiations for such
conveyance that they should be compensated for the loss of the
right to have the very greenhouses they have now constructed.
In other words, if Mr, and Mrs. Ernst have been paid for giving
up the right to have the greenhouses, such payment would be
relevant to the currently pending litigation.
Accordingly, at your very earliest convenience, T would
appreciate your making contact with Oakland County Parks &
Recreation for the purpose of determining whether we can obtain
access to the file (or files) in connection with the sale and
purchase of the Ernst property to Oakland County Parks &
Recreation,
cc: Dennis M. Ritter, Supervisor
[MERIT)
" !?1992
wATERFORD
PIANNiNG COMIV4SION
EXHIBIT B
MEMO: April 8, 1993
TO: Ken Delbridge, Building Director
FROM: Jim Schafer, Assit. Planning Director
RE: Ernst Greenhouse Expansion
This office received site plans for two proposed 20' x 48'
greenhouses at the above-referenced site on 4-7-93. In
accordance with the consent judgement (#39) on the site, we are
assessing fees and will conduct a modified administrative site
plan review. When this review is complete we will notify you of
approval for issuance of permits.
If you have any questions please give me a call.
JTS/gd
cc: Dennis M. Ritter, Supervisor
Ed Fisch, Planning Director
Jerry Schons, Building Department
File
EXHIBIT B
MEMO:
TO:
PROM:
RE:
April 14, 1993
Ken Delbridge, Building Director
aim Schafer, Asst. Planning Director
Ernst Greenhouse Expansion
Attached is an approved copy of the site plan for two (2)
20' x 48' greenhouses at 1580 Scott Lake Rd. The plan has been
reviewed under the provisions of Consent Judgement #39 (Ernst v.
Waterford) and is in accordance with those provisions.
If you have any questions please let me know.
JTS/gd
cc: Dennis M. Ritter, Supervisor
Mike Ashley, Engineering Department
Ed Fisch, Planning Director
Gerald Fisher, Township Attorney
Ernst., Applicant
EXHIBIT B
eig,i,d,,c
GARY L. DOVRE
Domer MAL, (248) 530-2817
SECREST, WARDLE, LYNCH, HAMPTON,
TRUEX AND IVIORLEY
Counselors at Law
30903 Northwestern Highway
P.O. aox 3040
Farmington Hills, MicHgan 43333-3040
Telephone (248) 851-9500
Fax (248) 851-2158
August 4, 1999
94 Macomb Face
Mt. Clemens, MI 46043-5651
(510)465-7180
Fax (810} -05-,X73
7335 Westshire Dr., Suite 103
Lansing, MI 48917-0764
(517)627-1851
Fax (517) 627-1887
833 Konmcor Olive, S.D.
Grand Rapids, MI 49546-2373
(616) 265-0143
Fax (616)285-0145
2004 Cherry Hills Dave
P.O. sex 11258
CbanTalgn, ll, 61821-1258
(217) 398-9014
(217) 898-9016
Mr. Larry Lockwood
Planning Department
Charter Township of Waterford
5200 Civic Center Drive
Waterford, MI 48329-3773
Re: Ernst Consent Judgment
Dear Larry:
From our July 7, 1999 discussion, it is my understanding that Mr. Ernst wants the Township to
approve construction of part of "addition number 2" under paragraph 6.(b) of the Consent Judgment,
without complying with subparagraph (1)-(4) of that provision. Although the meeting Mr. Ernst
subsequently requested may be appropriate down the road, the game plan we suggested July 7th
remains our recommendation. That was; - •
1 Have Mr. Ernst present a plan showing exactly what he wants to do now, and In the
future.
2. Have Mr. Ernst give us his position (in writing) as to closing of the north driveway and
making the south driveway a permanent, two-way drive.
3, The property should be In full compliance with the existing Consent Judgment. We are
referencing the landscaping deficiencies you mentioned:
4. The Road Commission should be contacted to determine their position regarding the
driveway issues.
GLD/ik
cc: Gerald A. Fisher, Esq.
TAHamptonFisher;5316,B2M GLID.LOCKWOOD LIR 993804150147,dac
BOARD OF TRUSTEES
Katherine G. Innes, Supervisor
Betty Fortino, Clerk
Dee A. Minton, Treasurer
Todd T, 87rkle, Trustee
Paul E. Deni, Trustee
Bette O'Shea, Trustee
Jean A. Scott, Trustee
EXHIBIT B
WATERFORD
A CHARTER TOWNSHIP
5200 Civic Centor Drive
Waterford, Michigan 48329-3773
Teiephone: (248) 674-6255 Fax: (248) 674-4097
foldmk-,
PLANNING DEPARTMENT
Edward J. Fisch, Jr., MOP, PCP
Director
July 18, 1997
Gerald A. Fisher
Kohl, Secret, Wardle, Lynch,
Clark and Hampton
30903 Northwestern Highway
Farmington Hills, MI. 48333-0040
RE: Request by Eric Ernst to modify Consent Judgment #91-422171-CZ
Dear Gerry:
have met with Eric Ernst who owns the Ernst Greenhouses on Scott Lake Rd,, north of
Watkihs Lake Rd. Mr. Ernst has two (2) concerns.
1. The Consent Judgment in 6b requires that the second driveway be
abandoned and removed upon completion of Addition No. 2. Since the
consent judgment was entered, two (2) traffic lights have been installed on
Scott Lake Rd, at both intersections of Watkins Lake Rd. This now places
the northerly drive, which was to be exclusively for ingress and egress, in a
position not conducive to safe ingress and egress. In that regard, the
secondary drive as referenced in the consent judgment makes more sense to
service the greenhouse facilities. Mr. Ernst requests that the consent
judgment be amended to exclude the reference of this section to allow this
secondary drive to act as a primary drive during his operation period from
May 1 1 to June 10th, We are in accord with this request.
2. The plan specifies Addition No. 2 within a 48' x 82' rectangle (3,936 sq. ft.).
Mr. Ernst explained the physical difficulties in attaching a building to the
existing greenhouses as shown on the plan and would prefer a freestanding
greenhouse of 60' x BO' in this location as an amendment to the plan. We
have no objections to this request.
Continued....
EXHIBIT B
Page 2 of 2
Please review and prepare, if appropriate, the amendments to the consent judgment so
that it may be brought to the Township Board. If you should have any questions,
please do not hesitate to contact this office.
Sincerely,
Edward J. Fisch, Jr., AICP, PCP
Planning Director
EJF/km1
pc: Katherine Innes, Twp. Supervisor
Eric Ernst
File
AFFIDAVIT GIVING NOTICE OF CONSENT JUDGMENT
STATE OF MICHIGAN)
ss,
COUNTY OF OAKLAND)
Parcel No. 13-13-300-195, commonly known as 1580 Scott Lake Road,
OL
EXHIBIT B -„
LIBCRi321 .3 882
STATE OF MICHIGAN
32 S1 6
IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND
ERIC H. ERNST and
DIANE ERNST, husband and wife,
Plaintiffs,
RECEIVED FGRFILING
OAKLANOCOUNTYGLEPK
WATERFORD TOWNSHIP, a Michigan
Chartered Township, and
EDWARD J. FISH, JR., WaterforX
Township Director of Planning,
DEPUTY COUNTY cLE0
-VS-
DEC 28 P4:23
Defendants.
Case No. 91-422171-CZ
Hon. Barry Howard
6#52 PEfi/DEEDS FRU!
0001 DB128,92 0426PM
3651 MEG 11-00
STUART B. COONEY (P 25900)
Attorney for Plaintiffs
GERALD A. FISHER (P 13462)
Attorney for Defendants
30903 Northwestern Highway
P.O. Box 3040
Farmington Hills, MI 48333-3040
(313) 851-9500
B#92 REVDEEDS PRID
0001 BEC28' 92 04; 26P14
3651 ENT FEE 2.00
GERALD A. FISHER, being first duly sworn, deposes and states
that he is of suitable age and discretion to make this affidavit,
and as legal counsel on behalf of the Charter Township of
Waterford, states that, on December 15, 1992, a certain Consent
Judgment was entered in Oakland County Circuit Court Case
Mc. 91-422171-CZ relative to property situated in the Township of
Waterford, County of Oakland, State of Michigan, known as
cribed and sworn to before
hisaaoi ,day ofa 19-92.
Not Ty Public
0 , land- County). Michigan
My Commission Expires: 4/12/95
DRAFTED BY AND AFTER RECORD
RETURN TO:
EXHIBIT B
tIRB 13213 1• 883
Waterford Township, Oakland County, Michigan, and being more
specifically described on the attached and incorporated exhibit.
In order: to obtain an understanding of the purpose, intent and
terms of the Consent Judgment, it shall be necessary to review such
Judgment, which is on file with the Circuit Court Clerk's office,
The Judgment establishes certain authorizations and limitations
with regard to the use of the property for the purpose of growing
flowers and plants, and for retail sale of such flower and plant
materials grown on the property.
GERALD A. FISHER, ESQ.
30903 Northwestern Highway
P. O. Box 3040
Farmington Hills, MI 48333-3040
STATE OF MICHIGAN COUNTY OF OAKLAND
LYNN•13. ALLEN, County Clerk Tor he County 'of
0a1-4:41"v.i, Clerk of thf.;) Circuit Court thereof, the 811110
t/eing a Court 67 Record and having a Seal, hereby certify
that the attached is a true copy.
in Testimony whereof, t have hereunto set my hand anq
placed the Seal of said Cud this
1 Clerk-Register of Deeds
Deputy Clerk
-2-
KOHL. $ EC RCST, WARDLE, LYNCH, CLARK AN 0 HAMPTON EXHIBIT B
PROPERTY DESCRIPTIO
881
The property which is the subject of the Consent Judgment in
Case No 91-422171-CZ is situated in the Township at Waterford,
County of Oakland, State of Michigan, described as:
01 T3N. R9E. SEC 13
02 0 15 ACRES-UP W 1/2 OF
03 SW 1/4. EXC N 75 FT OF
04 W 183 FT. ALSO EXC
05 W 60 FT TAKEN FOR ROAD,
06 ALSO EXC NEC AT PT DIST
07 S S9-55-12 E 551.79 FT
08 FROM SW SEC COP_
09 TH N 00-02-42 W 495_00 FT.
10 TH S 89 -55E12 E 78404 FT.
11 TH .5 00-03-45 W 495,00 FT.
12 TH N 89-55-12 W 783,11 FT
13 TO BEG 5,20 A
EXHIBIT C
Maintenance Standards for Greenhouses
1. Opening & Closing the Gates
a. Responsibility: Tenant
b. During regular Tenant hours of operation.
2. Wind Screens on Fence Line
a. Responsibility: Tenant
b. Due to commercial operations and associated township screening requirement, the wind
screens must be maintained and replaced when damaged.
3. 6' Chain-link Fence Repair/Replacement
a. Responsibility: Landlord
b. Due to the standard of delineating park boundaries, Landlord will repair and replace the existing
6' chain-link fence.
4. Gate Repair/replacement
a. Responsibility: Tenant
b. Due to frequency of use by the commercial operations. Tenant will repair/replace the existing
bar gates.
5. Dumpster location & Screening
a. Responsibility: Tenant
b. Location and screening of the commercially operated dumpster must meet township ordinance
requirements.
6. Parking Lot Maintenance/Repair/Replacement/Striping
a. Responsibility: Tenant
b. Tenant will complete the necessary crack sealing, patching and striping as per the Lease, Section
9.
c. Replacement, improvement or expansion will be pursuant the Lease, Section 10.
7. Parking Lot Use
a. Responsibility: Tenant
b. Identify employee and commercial parking areas
c. No over-night outside storage of materials or equipment is allowed.
8. Lawn Maintenance and snow removal
a. Responsibility: Landlord
b. Includes all mowing, weed-whipping, spraying and fertilization.
c. Includes parking lots and sidewalks
9. Operational Site Plan Submittal
a. Responsibility: Tenant
b. Waterford Township may require the commercial operations to submit a site plan to be
administratively approved.
10. Monthly/Annual Inspections/Log
a. Responsibility: Landlord
b. Complete regular inspections and reporting on facilities infrastructure, such as heaters, fans,
vents, controls etc.
c. Provide report to Tenant, including any identified repairs/maintenance that requires
completion.
11. Fire Extinguisher
a. Responsibility: Tenant
b. Provide fire extinguishers in appropriate locations as required by commercial building codes,
ordinances and laws.
EXHIBIT C
12. Plastic Roofing Repair/Replacement
a. Responsibility: Tenant
b. Pursuant the agreement Sections 9 & 10.
13. Porta-Jon
a. Provision of, pumped, and maintained: Tenant
14. Winterizing outside waterlines
a. Responsibility: Tenant
15. Buildings and greenhouses maintained and organized
a. Responsibility: Tenant
EXHIBIT D
Landlord quipment that can be used by Tenant
1. Aluminum Planting Tables
a. 8' x 7' (7)
b. 9' x 7' (4)
c. 8' x 5' (1)
d. 9' x 5' (2)
e. 8' x 3' (2)
f. 48' x 32" (1)
g. 23' x 32" (1)
h. 50' x 32" (1)
i. 23' x 3' (1)
j. 50' x 3' (1)
k. Three table bases with no tops.
2. Black Plastic Planting Table Tops
a. 8' x 2' (37)
b. 8' x 23" (56)
c. 8' x 16" (3)
d. 8' x 3' (23)
e. 5'6" x 3' (3)
f. 4' x 22" (300 Estimate)
3. Miscellaneous Lumber
a. 2x4x9 (65 estimate)
b. 2x6x12 (35 estimate)
c. 2x4x4 (36 estimate)
4. Cinderblocks (450 estimate)
5. 8" x 16" Blocks (100 estimate)
6. Cast Iron Piping
a. 22' (6)
b. 11' (4)
7. Finned Heating Tubes (25 Estimate)
8. Galvanized Metal Pipe
a. 22' (13)
9. Irrigation Line Pipe
a. 20' (8)
EXHBIT D
10. Coiled irrigation line.
11. Fans
a. (2) Schafer #71242051
b. (6) GGS #DF3P002N
c. (8) Schafer #71850098
d. (2) Dayton #CK421-ff21U01
e. No Name #71850140
12. (2) North Star Sodium Lights #847H120H0U
13. (1) Gleason Soil Hopper # MB10J3
14.(1) Leeson Soil Hopper MC617F1OH
15. (3) Hose reels with hoses
16. (15) Control Panels (See Photos)
17. (4) Parsource grow lights
18. Miscellaneous greenhouse parts
19. Hoop House Parts
20. Miscellaneous Piping (Various Sizes)
21. Miscellaneous Boards (Various Sizes)
EXHIBIT E
PROPERTY TENANT INSURANCE REQUIREMENTS
At all times during this Lease, Tenant, at its sole cost and expense, shall purchase and maintain the following
insurance coverage(s) in the minimum amounts indicated and provide Landlord with appropriate certificates
of insurance protecting Landlord against any Claims, as defined in this Lease. The insurance shall be written
for not less than any minimum coverage herein specified.
1. Commercial General Liability Occurrence Form including: a) Premises and Operations; b)
Products and Completed Operations (including On and Off Premises Coverage); c) Personal
and Advertising Injury d) Broad Form Property Damage e) Independent Contractors; f) Broad
Form Contractual including coverage for obligations assumed in this Lease;
$1,000,000 — Each Occurrence Limit
$1,000,000 — Personal & Advertising Injury
$1,000,000 — Products & Completed Operations Aggregate Limit
$2,000,000 — General Aggregate Limit
$1,000,000 — Damage to Premises Rented to You (formerly known as Fire Legal Liability)
$ 10,000 — Medical Expense (Any one person)
2. Commercial Automobile Liability insurance covering bodily injury or property damage arising
out of the use of any owned, hired, or non-owned automobile with a combined single limit of
$1,000,000 each accident
3. Workers' Compensation insurance with limits statutorily required by any applicable Federal or
State Law and Employers Liability insurance with limits of no less than $500,000 each accident,
$500,000 disease each employee, and $500,000 disease policy limit.
4. Commercial Umbrella/Excess Liability insurance with a minimum limits of $2,000,000 each
occurrence. Umbrella or Excess Liability coverage shall be no less than following form of
primary coverages or broader.
5. Commercial Property insurance. The Tenant shall be responsible for obtaining and
maintaining insurance covering its equipment and personal property against all physical
damage.
6. General Insurance Conditions: The aforementioned insurance shall be endorsed, as
applicable, and shall contain the following terms, conditions, and/or endorsements. All
certificates of insurance shall provide evidence of compliance with all required terms,
conditions and/or endorsements.
a. All policies of insurance shall be on a primary, non-contributory basis with any other
insurance or self-insurance carried by the Landlord/County;
b. The insurance company(s) issuing the policy(s) shall have no recourse against the
Landlord/County for subrogation, premiums, deductibles, or assessments under any
form;
c. Any and all deductibles or self-insured retentions shall be assumed by and be at the sole
risk of the Lessee;
d. The Commercial General Liability and Commercial Automobile Liability policies along
with any required supplemental coverages shall be endorsed to name the County of
Oakland and it officers, directors, employees, appointees and commissioners as
additional insured where permitted by law and policy form;
e. All policies shall be endorsed to provide a written waiver of subrogation in favor of
Landlord/County;
f. The Tenant shall require their contractors, or sub-contractors not protected under the
Tenants insurance policies, to procure and maintain insurance with coverages, limits,
provisions, and/or clauses equal to those required in this Lease;
g. Certificates of insurance must be provided no less than ten (10) working days prior to
commencement of Lease and must bear evidence of all required terms, conditions
and endorsements; and
h. All insurance carriers must be licensed and approved to do business in the State of
Michigan and shall have and maintain a minimum A.M. Best's rating of A.
EXHIBIT F
LANDLORD SERVICE1VIARK
OAKLAND
COUNTY PARKS
Resolution #17242 August 23, 2017
The Vice Chairperson referred the resolution to the Finance Committee. There were no objections.