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HomeMy WebLinkAboutResolutions - 2019.04.02 - 31265MISCELLANEOUS RESOLUTION 419074 April 2, 2019 BY: Penny Luebs, Chairperson, Healthy Communities and Environment Committee IN RE: PARKS AND RECREATION COMMISSION — APPROVAL OF OPERATING AGREEMENT WITH THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES FOR AN OFF-ROAD VEHICLE PARK IN GROVELAND AND HOLLY TOWNSHIPS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it has been a long-term goal of the Michigan Department of Natural Resources ("MDNR") to provide a legal, off-road vehicle (ORV) riding area in Southeast Michigan; and WHEREAS the MDNR seeks to partner with the Oakland County Parks and Recreation Commission (" OPRC) for the provision of an ORV Park in Oakland County; and WHEREAS the mission of the OCPRC is to provide quality recreation experiences that encourage healthy lifestyles, support economic prosperity, and promote the protection of natural resources; and WHEREAS the creation of an ORV Park within Oakland County will provide residents and visitors with a safe, legal place to ride ORVs within the County; and WHEREAS Oakland County has the highest county percentage of ORV licenses sold in the state of Michigan; and WHEREAS two successful test events (the Dixie Gully Run) were completed by OCPRC and MDNR in 2014 demonstrating desire and need for an ORV Park within Oakland County; and WHEREAS in 2015 the Michigan Natural Resources Trust Fund awarded the MDNR a $2.9 million grant to secure property in Oakland County for the development of an ORV Park; and WHEREAS on July 7, 2095 the Oakland County Planning and Building Committee authorized OCPRC to negotiate a lease/operating agreement with the MDNR for the ORV Park; and WHEREAS in 2017 the MDNR purchased 235 acres of sand and gravel mine property in Holly and Groveland Townships for the express purpose of partnering with OCPRC to develop and operate an ORV Park; and WHEREAS the property purchased by the MDNR would have had extremely limited uses due to past mining activities on the property; and WHEREAS on December 6, 2017, OCPRC approved the concept of a partnership with the MDNR for the ORV Park and the creation of a Steering Committee comprised of MDNR staff and OCPRC Commissioners and staff to develop an Operating Agreement for the ORV Park; and WHEREAS the Steering Committee has negotiated the attached Operating Agreement and recommends its approval and execution; and WHEREAS the MDNR will own the property and OCPRC will operate the ORV Park according to the attached Operating Agreement; and WHEREAS the Operating Agreement is for a 20 -year term, with a 10 -year extension; and WHEREAS the MDNR and OCPRC have a collaborative, long-standing relationship working together on a variety of parks, natural resources, and recreation issues; and WHEREAS it is proposed to transfer one (1) Proprietary (PR) funded Full-time Eligible (FTE) Assistant Park Supervisor position (#5060720-12069) from Groveland Oaks to the newly created ORV Park (#5060722); and WHEREAS it is proposed to create the following PR funded part-time non -eligible (PTNE) positions at 1,000 hours per year: one (1) Parks Maintenance Aide position, nine (9) Parks Helper positions and three (3) Seasonal Program Specialist positions within the newly created unit (#5060722); and WHEREAS it is proposed to create one (1) PR funded FTE Grounds Equipment Mechanic position within the newly created unit (#5060722); and WHEREAS one (1) new GMC Sierra 2500 will be added to the County fleet for the operational use at the ORV Park. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorizes and approves the attached Operating Agreement with the Michigan Department of Natural Resources. HEALTHY COMMUNITIES AND ENVIRONMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs the Board's Chairperson or his designee to execute the attached Operating Agreement with the Michigan Department of Natural Resources. BE IT FURTHER RESOLVED to transfer one (1) PR funded FTE Assistant Park Supervisor (#5060720- 12069) to the ORV Park (#5060722). BE IT FURTHER RESOLVED to create the following PR funded PTNE positions at the ORV Park (#5060722): Classification Number of Positions Hours per year each Parks Maintenance Aide 1 1,000 Parks Helper 9 1,000 Seasonal Program Specialist 3 1,000 BE IT FURTHER RESOLVED to create one (1) PR Funded FTE Grounds Equipment Mechanic position at the ORV Park (#6060722). BE IT FURTHER RESOLVED that one (1) new GMC Sierra 2500 be added to the County fleet for operational use at the ORV Park. BE IT FURTHER RESOLVED that a new cost center (#5060722) titled Off -Road Vehicle Park be created within the Parks and Recreation fund (#50800) for budgeting and accounting purposes. BE IT FURTHER RESOLVED that the FY2021 and FY2022 budget will be developed during the FY2020- FY2022 County Executive budget process. BE IT FURTHER RESOLVED the following budget amendment is recommended for FY2020: MOTOR POOL„ FUND (#66100) FY2020 Revenues 1030811-184010-695500-50800 Transfers In $35,000 Total Revenues $35,000 Expenses 1030811-184010-796500 Budget Equity Adjustment $35,000 Total Expenses M00 PARKS AND RECREATION FUND #50800 Revenues 5060722-160210-630700 Fees Day Use $381,000 5060722-160210-631925 Rental Facilities 10,000 5060722-160210-632023 Sales 2,625 5060722-160210-632135 Special Contracts 25,000 5060722-160210-650305 Sponsorships 10,000 5060722-160210-650105 Contributions - State Grants 30,000 5060666-160666-665882 Planned Use of Balance 204.940 Total Revenues $663,565 Expenses 5060722-160210-702010 Salaries Regular $248,058 5060722-160210-722740 Fringe Benefits 61,466 5060722-160210-712020 Overtime 2,500 5060722-180210-730198 Building Maintenance Charges 6,500 5060722-160210-730247 Charge Card Fee 3,000 5060722-160210-730562 Electrical Service 1,500 5060722-160210-730646 Equipment Maintenance 5,000 5060722-160210-730653 Equipment Rental 11,000 5060722-160210-730786 Garbage and Rubbish Disposal 800 5060722-160210-730814 Grounds Maintenance 89,000 5060722-160210-731115 Licenses and Permits 1,000 5060722-160210-731241 Miscellaneous 8,500 5060722-160210-731269 Natural Gas 500 5060722-160210-731388 Printing 5,000 5060722-160210-731500 Public Information 9,050 5060722-160210-731626 Rent 54,000 5060722-160210-731689 Security Expense 36,808 5060722-160210-732018 Travel and Conference 1,000 5060722.160210-750063 Custodial Supplies 3,000 5060722-160210-750154 Expendable Equipment 9,000 5060722-160210-750399 Office Supplies 500 5060722-160210-750504 Small Tools' 20,716 5060722-160210-750511 Special Event Supplies 1,500 5060722-160210-750581 Uniforms 1,000 5060722-160210-761042 Depreciation Park Improvements 14,667 5060722-160210-774363 Info Tech Operations 4,820 5060722-160210-774677 Insurance Fund 15,000 5060722-160210-776659 Motor Pool Fuel Charges 2,000 5060722-160210-776661 Motor Pool 10,000 5060722-160210-778675 Telephone Communications 1,680 5060722-160210-788001-66100 Transfers Out 35,000 Total Expenses $663,565" Chairperson, on behalf of the Healthy Communities and Environment Committee, I move the adoption of the foregoing resolution. -L1-41-� L"I 4---- "Eommissiorler Penny Luebs, District 16 Chairperson, Healthy Communities and Environment Committee MARCH 6, 2019 OAKLAND COUNTY PARKS & RECREATION COMMISSION AGENDA AGENDA ITEM NO. 10 F PLANNING AND RESOURCE DEVELOPMENT To: Chairman Fisher and Commission Members From: Daniel J. Stencil, Executive Officer Melissa Prowse, Supervisor of Planning Submitted: March 7, 2019 Subject: Holly Oaks ORV Park Operating Agreement - Approval INTRODUCTION AND HISTORY Oakland County Parks and Recreation has been working for many years with the Michigan Department of Natural Resources (MDNR) to find a suitable location for an off-road vehicle (ORV) park in Oakland County. In 2015 the Michigan Natural Resources Trust Fund awarded a $2.9 million grant to the MDNR to acquire property that was then being utilized as sand and gravel mining operations for the future park. The MDNR acquired 235 acres of former and active sand and gravel mines in 2017. The property is located between 1-75 and Dixie Highway, north of Grange Hall road and adjacent to Mt. Holly. Groveland Oaks County Park is across Dixie Highway from the site. The intention of the grant and the acquisition has been for the MDNR to partner with Oakland County Parks and Recreation (OCPR) to operate the park. OCPR has a history of operating heavily -utilized and well- maintained county parks, that are enjoyed by both county residents and visitors alike. OCPR's relationships with our local municipalities and public engagement processes were key factors in determining that OCPR would be well-suited to operate the park and provide this unique and exciting recreational experience to our residents, and visitors from around the state (and hopefully the country). The ORV Park is planned to be open to all types of ORV users, including full-size vehicles, side -by -sides, ATVs and motorcycles. The current anticipated opening is late -June, early -July 2020. The operating agreement is for a 20 -year term, with a 10 -year extension. A Joint Committee was formed with OCPRC staff and Commissioners as well as MDNR staff, to guide the development of an operating agreement for the park. The Joint Committee recently came to agreement on all issues outlined in the Operating Agreement, which is attached. The agreement would take effect beginning January 1, 2020. As the Operating Agreement is an agreement between OCPRC and another governmental entity, it requires Oakland County Board of Commissioner approval. The proposed schedule for this approval is as follows: March 6, 2019 OCPRC Approval March 14, 2019 OC Board of Commissioners Caucus Meetings — Informational Presentation March 18, 2019 Healthy Communities & the Environment Committee March 20, 2019 Finance Committee April 2, 2019 OC Board of Commissioners Page 2 ATTACHMENTS • Resolution • Operating Agreement between the County of Oakland and the Michigan Department of Natural Resources STAFF RECOMMENDATION Staff recommends the Commission approve the attached resolution, approving the Operating Agreement between the County of Oakland (administered by Oakland County Parks and Recreation) and the Michigan Department of Natural Resources for the operation of the ORV Park in Groveland and Holly Townships. MOTION Move to approve the attached resolution to approve the Operating Agreement between the County of Oakland and the Michigan Department of Natural Resources for the operation of the ORV Park in Groveland and Holly Townships and forward it to the Oakland County Board of Commissioners for approval. 0¢ NATO Michigan Department of Natural Resources � C ` DNR �p MIQHIGP� OPERATING AGREEMENT #PRD -F- - FOR THE HOLLY OAKS ORV PARK BETWEEN THE STATE OF MICHIGAN, AS PERMITTER AND THE COUNTY OF OAKLAND, ADMINISTERED BY OAKLAND COUNTY PARKS AND RECREATION COMMISSION, AS PERMITTEE This Operating Agreement, hereinafter "Agreement," is entered between the State of Mich- igan through its Department of Natural Resources, hereinafter "DNR" and/or "Permitter," and the County of Oakland, by, through, and administered by, its statutory agent, the Oakland County Parks and Recreation Commission, hereinafter "OCPRC" and/or "Permit- tee," whose address is 2800 Watkins Lake Road, Waterford, Michigan 48328. RECITATIONS: Pursuant to Section 503(1) of Public Act 451 of 1994 (1994 PA 451), as amended, MCL 324.503(1), Permitter is required to: protect and conserve the natural resources of the State; provide and develop facilities for outdoor recreation; prevent the destruction of tim- ber and other forest growth by fire or otherwise; promote the reforesting of forest lands be- longing to the State; prevent and guard against the pollution of lakes and streams within the State and enforce all laws provided for that purpose with all authority granted by law; and foster and encourage the protection and propagation of game and fish; and create, maintain, operate, preserve, and protect Michigan's significant natural and historic re- sources. Permittee is authorized under Public Act 261 of 1965, MCL 46.351, et seq., to plan, devel- op, preserve, administer, maintain, and operate park and recreational places and facilities in Oakland County, Michigan. This Agreement has the following purposes: (1) for the Parties to pursue a joint undertak- ing to develop, operate, and maintain a park, (on State-owned land) (2) to provide mem- bers of the public with the opportunity for off-road vehicle ("ORV") activities in Southeast Michigan, and (3) to provide the possibility of considering other outdoor activities in the future, to be agreed upon by the Parties. FINAL VERSION INIT 9 of 16 PRO600 (11176!2004) This Park provides an opportunity for Permitter and OCPRC to collaborate to provide ORV activities to the public: (1) with Permitter funding the purchase of the land for the park, through a grant from the Michigan Natural Resources Trust Fund, and (2) with OCPRC developing, operating and maintaining the Park with financial contributions from Permitter and third -parties, grants, and other assistance and collaboration with Permitter. The Director of Permitter or his or her lawful designated Representative has determined that the purpose of this Agreement is necessary to implement Part 5 of 1994 PA 451, as amended, because use of State Lands in a regulated manner will protect and conserve the natural resources and provide facilities for outdoor recreation and understood by the Parties to be demanded in Oakland County and the surrounding region. Permittee has determined that the purpose of this Agreement aligns with its statutorily permitted activities and will provide a unique recreational opportunity. THEREFORE, Permitter and Permittee, for consideration specified in this Agreement, agree to the following terms and conditions: 1. DEFINITIONS. The following words shall be defined and interpreted as follows, whether used in the singular or plural, nominative or possessive case, and with or without quotation marks. a. "Capital Improvement Project" means a project that: (1) costs five thousand dollars ($5,000.00) or more and (2) extends the life cycle of an existing facility or asset; replaces, renovates, or remodels an existing facility or asset; or adds a new facility or asset. b. "Claim" means any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against a Party, or for which a Party may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. c. "Fiscal Year" means a year period commencing on October 1 and ending on following September 30, d. "Holly Oaks ORV Park" or "Park" means the off-road vehicle park operated on the Premises. e. "Maintenance Project" means a project that costs one thousand five hundred dollars ($1,500.00) or more, does not extend the life cycle of an FINAL VERSION INIT 2 of 16 PRO600 (1111612004) existing facility or asset, and is not a Capital Improvement Project (as defined herein). "Park Fees and Charges" means the following fees and charges; (1) an entry fee into the Park (that is separate and distinct from the Recreation Passport Fee and the OCPRC vehicle pass), (2) equipment rental fees, (3) event program fees, (4) sponsorship of events/programs by third parties, and (5) and all other fees and charges charged and collected by Permittee associated with the use of the Park. g. "Park Operations Expenses" means all direct expenses, which are salaries, fringe benefits, contractual services, commodities, depreciation, and internal services, needed to operate the Park according to the plans and program, described herein, and expended by Permittee, h. "Park Operations Loss" means the dollar amount difference between the actual Park Operations Expenses and Park Revenue for a Fiscal Year. i. "Park Revenue" means the monies generated from the Park Fees and Charges, applicable grants, and the billboard revenue. Park Revenue does not include monies paid for naming rights pursuant to Section 7.g. J. "Premises" means the real property upon which the Park is located, described and depicted in Exhibit A. Exhibit A is fully incorporated into this Agreement. k. "Recreation Passport Fee" means a fee defined in Section 805 of the Michigan Vehicle Code, 1949 PA 300, MCL 257.805. 2. DESCRIPTION OF PREMISES. Permitter grants Permittee use of the Premises for the purposes and according to the terms and conditions set forth herein. 3. TERM OF AGREEMENT. This Agreement begins at 12:01 a.m. on January 1, 2020, and ends at midnight on December 31, 2040 (hereinafter "initial term"). 4. OPTION TO RENEW. The initial term of this Agreement may be extended for one (1) additional term of ten (10) years or such other term as may be agreed to between the Parties, if Permittee gives Permitter one hundred twenty (120) days written notice before this Agreement. Permitter and Permittee may agree to additional terms of extension in the future under mutually agreeable terms and conditions. S. FEE FOR USE OF PREMISES. Permittee shall not be required to pay a fee for use of the Premises, due to the services (as specified herein) Permittee will provide. 6. DESIGNATION OF PARK & NAME OF PARK. The Premises shall be designated a State Park with the following name: HOLLY OAKS ORV PARK. Depending on circumstances or potential economic advantage, or both, this name may be modified or supplemented as mutually agreed upon by the Parties. 7. GOVERNANCE OF PREMISES. a. Administration. The Parks and Recreation Division (PRD) Operations Unit Manager or his/her successor is the Permitter's Agreement Administrator FINAL VERSION INIT 3 01 16 PRO600 (11116/2004) (hereinafter "the Permitter's Representative"). The OCPRC Executive Officer or hislher successor is Permittee's Agreement Administrator (hereinafter "Permittee's Representative"). Either Party may change its designated representative by providing the other Party written notice of such change. b. Off -Road Vehicle Advisory Workproup. If Permittee determines that recommendations or guidance are needed from the ORV user community regarding the Park, Permittee will seek recommendations or guidance, in its sole discretion, from state/national recognized authorities, including but not limited to the Off -Road Vehicle Advisory Workgroup. The recommendations or guidance received from these authorities is only advisory. The Parties may coordinate the creation of a "friends group" for the Park, if the Parties deem such a group is necessary or advisable. c. Disputes. All disputes arising under or relating to the execution, interpretation, performance, or nonperformance of this Agreement involving or affecting the Parties shall first be submitted to the Permitter Representative and the Permittee Representative for possible resolution. If the Permitter Representative and the Permittee Representative cannot resolve the dispute, then the dispute shall be submitted to the signatories (or his/her successors) of this Agreement for possible resolution. d. Use of Premises. i. Permittee has care, control, and exclusive use of the Premises to develop, operate, maintain, or improve the Premises for ORV activities, as further described and delineated herein, and to provide other outdoor activities mutually agreed upon by the Parties. H. Permittee hereby acknowledges the use and occupancy of the Premises and shall be subject to the provisions of 1994 PA 451, as amended. ilii. Permittee shall obtain Permitter's prior consent, in writing, to use the Premises for any purpose not described herein. e. Prohibited Activities on Premises. The following activities are prohibited on the Premises: i. Authorizing public use of Premises in violation of any State law, order, or regulation; iii. Any planting of plants, removal of plants, landscaping or earthmoving on the Premises, inconsistent with the Park plans or program established under this Agreement, without the prior written consent of the Permitter Representative; iii. Storage of equipment or use of camping trailers or tents, inconsistent with the Park plans or program established under this Agreement, without prior written approval of the Permitter Representative; iv. Dumping or disposal of garbageltrash, spare parts, hazardous material, scrap metal and other waste onto the Premises, inconsistent with the Park plans or program established under this Agreement; and v. Disposal from off-site of trees, tree tops, branches, roots, stumps, and other vegetative debris onto the Premises. f. Billboard Management. At the time of Agreement execution, two (2) billboards are located on the Premises. The billboard locations are depicted on Exhibit A. The Parties acknowledge that the billboards may remain on the FINAL VERSION INIT 4 of 10 PRO600 (11!1612004) Premises pursuant to a separate agreement between Permitter and the billboard service provider. Permitter shall be solely responsible, at its cost, to negotiate and maintain an agreement to permit the location, maintenance, and repair of the billboards on the Premises, The agreement shall include the following provisions; (1) the billboards will be maintained in a safe condition and in good appearance, at no cost to Permittee, (2) the billboard service provider will "indemnify, defend, and hold harmless the County of Oakland and its employees, officers, elected and appointed officials, and volunteers for the acts or omissions of the billboard owner, billboard service provider, or their employees and agents," and (3) the billboard service provider will name the "County of Oakland and its employees, officers, elected and appointed officials, and volunteers" as additional insured on liability insurance policies, if there are any. If the billboard(s) become obsolete or unrepairable, then Permitter shall be solely responsible to remove the billboard(s) and for the costs associated therewith. All monies received from such agreement shall be paid to Permittee and shall be solely used to fund Park Operations Expenses. g. Naming Rights for Geographical Features/Structures/Facilities. Naming rights of geographical features, structures, and facilities will be developed and approved by Permittee, without approval from Permitter, but Permittee shall provide Permitter with thirty (30) calendar days written notice of such naming. Permittee shall ensure that the naming rights shall be coterminous with this Agreement. All monies received for the naming rights shall be paid to Permittee and shall be solely used to develop, operate, maintain, or improve the Park. 8. GOVERNANCE OF PARK. a. Permittee Responsibilities. Permittee shall be responsible to develop, operate, maintain, and improve the Park and for the costs associated therewith as set forth and described herein. Permittee shall develop, operate, maintain, and improve the Park according to the plans, budget, and t program set forth and described herein. b. Park Master Plan. Prior to the opening date of the Park, Permittee shall create a Park Master Plan including but not limited to, a Baseline Analysis, Park Vision and Concepts, Industry Trends, a Public Engagement Summary, and a Park Marketing Plan. The Master Plan shall be created pursuant to Permittee's current policies and procedures. Once completed, Permittee shall submit the Master Plan to the Permitter Representative for comments and recommendations. Permitter shall submit its comments and recommendations to the Permittee Representative within thirty (30) business days of receipt of the Master Plan. If Permitter does not respond within the thirty (30) day period, then Permitter is deemed not to have any comments or recommendations. Permittee shall review and consider Permitter's comments and recommendations; however, Permittee is not obligated to incorporate such comments and recommendations into the Master Plan. After receiving Permitter's comments and recommendations or passage of the thirty (30) day period (whichever is first), Permittee shall commence to have the Master Plan adopted and implemented pursuant to its policies and procedures. Wodifications to the Master Plan shall be codified according to the procedure set forth in this Section. FINAL VERSION INIT 5 of 16 PRO690(11I1612004) c. Park Operations Budget. Prior to the opening date of the Park and for each year thereafter, Permittee shall create a Park Operations Budget, based on Permittee's fiscal year and Permittee's budget development schedule, estimating the Park's annual revenues and expenses. The Operations Budget shall be created pursuant to Permittee's current policies and procedures. Permittee shall submit a draft Operations Budget to the Permitter Representative for comments and recommendations. Permitter shall submit its comments and recommendations to the Permittee Representative within thirty (30) business days of receipt of the draft Operations Budget. If Permitter does not respond within the thirty (30) day period, then Permitter is deemed not to have any comments or recommendations. Permittee shall review and consider Permitter's comments and recommendations; however, Permittee is not obligated to incorporate such comments and recommendations into the draft Operations Budget. After receiving Permitter's comments and recommendations or passage of the thirty (30) day period (whichever is first), Permittee shall commence to have the draft Operations Budget adopted and implemented pursuant to its policies and procedures. Modifications to the Operations Budget shall be codified according to the procedure set forth in this Section. d. Park Maintenance Management_ Plan. When Permittee deems necessary, Permittee shall create a Park Maintenance Management Plan ("PMMP"), addressing Maintenance Projects and budgetary programs for a five (5) year period. The PMMP shall be created pursuant to Permittee's current policies and procedures. Once completed, Permittee shall submit the PMMP to the Permitter Representative for comments and recommendations. Permitter shall submit its comments and recommendations to the Permittee Representative within thirty (30) business days of receipt of the PMMP. If Permitter does not respond within the thirty (30) day period, then Permitter is deemed not to have any comments or recommendations. Permittee shall review and consider Permitter's comments and recommendations; however, Permittee is not obligated to incorporate such comments and recommendations into the PMMP. After receiving Permitter's comments and recommendations or passage of the thirty (30) day period (whichever is first), Permittee shall commence to have the Management Plan adopted and implemented pursuant to its policies and procedures. Modifications to the Management Plan shall be codified according to the procedure set forth in this Section. e. Park Capital Improvement Program. When Permittee deems necessary, Permittee shall create a Park Capital Improvement Program ("CIP") forecasting Capital Improvement Projects for a five (5) year period. The CIP shall be created pursuant to Permittee's current policies and procedures and shall be included in Permittee's annual CIP. Once completed, Permittee shall submit the CIP, applicable to the Park, to the Permitter Representative for comments and recommendations. Permitter shall submit its comments and recommendations to the Permittee Representative within thirty (30) business days of receipt of the CIP. If Permitter does not respond within the thirty (30) day period, then Permitter is deemed not to have any comments or recommendations. Permittee shall review and consider Permitter's comments and recommendations; however, Permittee is not obligated to FINAL VERSION INIT 6 of 16 Pft0600 (1 111 6 12 00 4) incorporate such comments and recommendations into the CIP. After receiving Permitter's comments and recommendations or passage of the thirty (30) day period (whichever is first), Permittee shall commence to have the CIP adopted and implemented pursuant to its policies and procedures. Modifications to the CIP shall be codified according to the procedure set forth in this Section. f. Park Operational Plan. Prior to the opening date of the Park, Permittee shall create a Park Operational Plan, addressing day to day operations of the Park, including but not limited to the following matters: (1) rules, (2) staffing levels, (3) maintenance standards, (4) operational hours, (5) pest/rodent control, (6) garbage/trash service, (7) grounds maintenance, (8) portable restrooms, (9) utilities, telephone, and Internet service, (10) safety and security, (11) ingress and egress (access to and from the Park), and (12) vehicle and trailer parking, The Operational Plan shall be created pursuant to Permittee's current policies and procedures. The first Operational Plan shall be submitted to the Permitter Representative for comments and recommendations. Permitter shall submit its comments and recommendations to the Permittee Representative within thirty (30) business days of receipt of the first Operational Plan. If Permitter does not respond within thirty (30) day period, then Permitter is deemed not to have any comments or recommendations. Permittee shall review and consider Permitter's comments and recommendations; however, Permittee is not obligated to incorporate such comments and recommendations into the first Operational Plan. After receiving Permitter's comments and recommendations or passage of the thirty (30) day period (whichever is first), Permittee shall commence to have the first Operational Plan adopted and implemented pursuant to its policies and procedures. Modifications to the Operational Plan made be made by Permittee pursuant to its policies and procedures with written notification given to Permitter, At least once a year, the Parties shall review and discuss the Operational Plan for the Park and any modifications that Permittee made to the Operational Plan. g. Park AccesslParking. Permittee shall be responsible to determine how Park patrons will access the Park (ingress to and egress from the Park) and to address vehicle and trailer parking. This responsibility and the costs associated therewith shall be addressed in the plans, budget, and program set forth and described herein. The Parties acknowledge that this responsibility may require Permitter or Permittee to lease/license property from third parties and may require an amendment to this Agreement. h. Park Improvements. Permittee shall be responsible to provide and perform (either directly or through third parties) improvements for the Park. This responsibility and the costs associated therewith shall be addressed in the plans, budget, and program set forth and described herein. I. Park Maintenance. Permittee shall be responsible to provide and perform (either directly or through third parties) operational maintenance and Maintenance Projects for the Park. This responsibility and the costs associated therewith shall be addressed in the plans, budget, and program set forth and described herein. j. Park Utilities. Permittee shall be responsible to provide the utilities, it deems necessary for the operation of the Park. The provision of and costs for the FINAL VERSION INIT 7 of 16 PR0600 (11116/2004) utilities shall be set forth in the plans, budget, and program set forth and described herein. k. Park Rules. Prior to the opening date of the Park, Permittee shall create Park Rules. The Park Rules shall be created pursuant to Permittee's current policies and procedures. Once completed, Permittee shall submit the Park Rules to the Permitter Representative for comments and recommendations. Permitter shall submit Its comments and recommendations to the Permittee Representative within thirty (30) business days of receipt of the Park Rules. if Permitter does not respond within the thirty (30) day period, then Permitter is deemed not to have any comments or recommendations. Permittee shall review and consider Permitter's comments and recommendations; however, if Permittee does not incorporate such comments and recommendations into the Park Rules, the Permittee is required to provide an explanation and justification for not incorporating such comments or recommendations. After receiving Permitter's comments and recommendations or passage of the thirty (30) day period (whichever is first), Permittee shall commence to have the Park Rules adopted and implemented pursuant to its policies and procedures, so Permittee can enforce the Park Rules. Modifications to the Park Rules shall be codified according to the procedure set forth in this Section. The Park Rules created pursuant to this Section shall be deemed the Park Rules and shall be enforced by Permittee as permitted by law. I. Park Law Enforcement. Permittee shall contract with the Oakland County Sheriff's Office or other governmental entity, selected by Permittee, to provide law enforcement services for the Park and to enforce the Park rules and other applicable laws. m. Signs. Permittee shall be responsible to and is permitted to erect signs to identify the Park and features/structures located therein and to erect other signs that are typical and/or necessary at a public park of this nature. n. Volunteers. Permittee will use volunteers at the Park in various capacities, All volunteers providing volunteer service at the Park shall become part of Permittee's volunteer program. The volunteers shall follow all rules and regulations for Permittee's volunteer program, including signing agreements required by such program. o. Exemption from Recreation Passoort_Fee & OCPRC Vehicle Pass. Use of the Park by the public shall be exempt from the Recreation Passport Pee and exempt from the OCPRC vehicle pass. A separate fee shall be established, pursuant to this Agreement, for entry into the Park. p. State ORV Licenses & ORV Trail Permits. Permittee shall sell State ORV Licenses and State ORV Trail Permits at the Park. All monies collected by Permittee for the sale of the licenses and permits shall be sent to Permitter pursuant to and through its Retail Sales System. q. Sponsorship of Events/P ron rams at Park by Third Parties. Without approval from Permitter, Permittee may solicit or accept sponsorship of events/programs at the Park by third -parties, pursuant to Permittee's Sponsorship Policy, but Permittee shall use its best efforts to provide Permitter with five (5) calendar days written notice of such sponsorships. All monies received by Permittee from sponsorship of events/programs shall be solely used to fund Park Operations Expenses. r. Use of Park by Third -Parties — Notwithstanding any other provision in this FINAL VERSION INIT 8 of 16 PR0600 (11!1612004) 9. 10. Agreement, Permittee may license use of the Park to third -parties for events or programs, without notification of or approval from Permitter. Permittee shall allow such use via written agreement with the third -party, pursuant to Permittee's policies and procedures. For consistency and to avoid conflicts, all third -parties desiring to use the Park for events or programs shall schedule such use through Permittee. s. Use of Park by Permitter — Permitter may use the Park for events or programs, such as classes for the Michigan ORV Safety Course, if such use does not conflict with scheduled events or programs. Permitter must request use of the Park for its events or programs, through Permittee to avoid conflicts and to ensure a consistent scheduling of events and programs at the Park. FINANCE OF REAL PROPERTY ACQUISITION. a. To Date. The Parties acknowledge Permitter acquired the Premises with grant monies from the Michigan Natural Resources Trust Fund and Permittee was not and is not obligated to contribute any monies toward the acquisition of the Premises. b. Future Real Property Acquisitions. The Parties acknowledge that Permittee is not obligated, in any way, to contribute monies to acquire additional lands to expand the Park, beyond the geographical boundaries at the time of Agreement execution. FINANCE OF PARK OPERATIONS. a. Payments in Lieu of Taxes. Permitter shall make all payments in lieu of taxes related to the Premises pursuant to MCI. 324.2152 -- 324.2154 and as otherwise required by law, b. Billboard Revenue. All revenue related to the location of the billboards on the Premises shall be paid to Permittee by Permitter; such revenue shall be used to fund the Park Operations Expenses. c. Park Fees & Charges. Permittee shall establish all Park Fees and Charges at the Park. The Park Fees and Charges shall be created, adopted, and implemented pursuant to Permittee's current policies and procedures. The monies generated by the Park Fees and Charges shall be paid to Permittee and shall be deemed Permittee's. Permittee shall record the monies generated by the Park Fees and Charges according to generally accepted accounting principles and in a manner similar to how Permittee records other Fees and Charges it collects and charges. The monies generated by the Park Fees and Charges shall be used to fund Park Operations Expenses. d. Grants. i. 2016 Grant. Permitter was awarded a 2016 ORV Trail Improvement Fund Grant in the amount of $160,000 for development and improvements to the Park. Except for monies expended by Permitter prior to the execution of this Agreement for Park development, this entire amount shall be paid or reimbursed to Permittee for costs it incurs or has incurred in developing, operating, maintaining, or expansion of the Park. Permittee does not have any match funding requirement for this grant. il. 2019 Grant. Permitter applied for a 2019 ORV Trail Improvement Fund Grant in the amount of $250,000 for development and improvements to the Park. The entire amount awarded to Permitter FINAL VERSION INIT 0 of 16 PROBOD (11I16I2DD4) under this grant shall be paid or reimbursed to Permittee for costs it incurs or has incurred in developing, operating, maintaining, or improvement of the Park. Permittee does not have any match funding requirement for this grant. iii. Future Grants. The Parties shall use their best efforts to work together to secure grant funding for. future Park expansion, development, improvements, operation, and maintenance. iv. Grant Requirements. The Parties acknowledge grant funds have been used and will be used in the future for the creation, development, improvement, operation, maintenance, or expansion of the Park. The Parties shall comply with all applicable grant requirements and obligations. Upon written request, a Party shall provide copies of grant documentation to the other Party, including the grant application and agreement. e. Funding of Park Operations Losses. Each Fiscal Year, if Park Revenue does not completely fund the Park Operations Expenses, then Permitter shall reimburse Permittee fifty percent (50%) of the Park Operations Loss. If there is a Park Operations Loss, Permitter shall pay its portion of such to Permittee within sixty (60) days of September 30 each year. If the reim- bursement amount is not appropriated, the Permitter must obtain supple- mental budget funding. f. Park Revenue Exceedinig Park Operations Expenses. Notwithstanding any other provisions, if Park Revenue exceeds Park Operations Expenses, then such monies shall be kept by Permittee and recorded in a restricted account, within the OCPRC Fund, ("Restricted Account") to be solely used for Park development, operation, maintainenance, or improvement or as otherwise required by law or grants. 11. WASTE. Permittee shall not to commit or allow to be committed any waste or nuisance on the Premises and will not use or allowed to be used the Premises for any unlawful purpose. 12. CONDITION OF PREMISES. Permittee stipulates, represents and warrants that Permittee has examined the Premises and performed a Phase I Environmental Site Assessment (ESA) and takes possession of the Premises subject to such Phase I ESA. Permittee acknowledges that the Premises or portions thereof may be subject to restrictions or closures, if endangered species are present. 13. LIABILITWASSURANCES. a. Responsibility for Claims. Each Party shall be responsible for any Claims made against that Party by a third -party and for the acts or omissions of its employees, volunteers, officers, or officials arising under or related to this Agreement. b. Legal Representation. Each Party shall seek its own legal representation and bear the costs associated with such representation, including judgments and attorney fees, for any Claim that may arise from the performance of this Agreement. FINAL VERSION INIT 10 of 16 PR0600 (11116/2004) c. No Right to Indemnification. Neither Party shall have any right under this Agreement or under any other legal principle to be indemnified or reimbursed by the other Party or any of its agents regarding any Claim. d. Responsibility for Costs/Fines/Fees. Each Party shall be solely responsible for all costs, fines and fees associated with any acts or omissions by its employees, volunteers, officers, or officials arising under or related to this Agreement. e. Legal Title. Permitter warrants that it has legal title to the Premises and the authority to enter into this Agreement. Permitter, at its sole expense, shall defend (including payment of attorney fees) Permittee against any Claim, as defined herein, challenging Permitter's right to execute this Agreement with Permittee. f. Governmental Function/Reservation of Ri hts. Performance of this Agreement is a governmental function. This 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 the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity. g. Limitation of Liability. In no event, shall either Party be liable to the other Party for any consequential, incidental, direct, indirect, special, and punitive or other damages arising out of this Agreement. h. Damage or Destruction by Permittee. Except for normal wear and tear, Permittee shall be responsible for any damage to the Premises or the facilities or equipment located thereon, which is caused by Permittee or its elected officials, officers, employees, or volunteers. If damage occurs, Permittee shall make the necessary repairs and/or replacements or cause a third -party to make the necessary repairs and/or replacements. i. Damage or Destruction by Permitter. Except for normal wear and tear, Permitter shall be responsible for any damage to the Premises or the facilities or equipment located thereon, which is caused by Permitter or its elected officials, officers, employees or volunteers. If damage occurs, Permitter shall make the necessary repairs and/or replacements or cause a third -party to make the necessary repairs and/or replacements. j. Personal Property Damage. Permittee assumes the risk of loss for any property damage or loss resulting from fire, theft or other means to Permittee's personal property during this Agreement. k. Report of Injury or Property. Damage. Permittee shall submit a written report to the Permitter Regulatory Unit Manager regarding any incident resulting in personal injury or property damage within five (5) business days. Incidents resulting in serious personal injury, which requires medical transport from the Park, shall be reported to the Permitter Regulatory Unit Manager immediately, by telephone or in person. A written report is to follow as described above. I. Compliance with Laws. Permittee shall comply with all applicable federal, state or local laws, regulations, rules, and ordinances related to the creation, FINAL VERSION INIT 11 Of 16 PR0000 (1111612004) operation, maintenance, use, or expansion of the Premises and Park. Permittee shall obtain any necessary permits regarding its use of the Premises. Permittee acknowledges that any violations of the federal, state or local regulations or convictions of any resource violations may be considered a default by Permittee and Permitter may terminate this Agreement, as provided herein. m. Assignment/Sublease. Except as otherwise provided in this Agreement, Permittee shall not sell, mortgage, rent, assign, or parcel out this Agreement or any interest therein. 14. INSURANCE. This Agreement does not require either Party to obtain insurance to cover loss exposures associated with this Agreement and the Park. Each Party is solely responsible to determine whether it will obtain insurance, and in what amounts, to cover loss exposures associated with this Agreement and the Park. 15. NON-DISCRIMINATION. Permittee, its agents, employees and subcontractors shall comply with the Elliott -Larsen Civil Rights Act, 1976 PA 453 as amended, MCL 37.2101 et seq.; MSA 3.548 (101) et seq.; the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended, MCL 37.1101; MSA 3.550 (101) et seq., and all other federal, state, and local fair employment practices and equal opportunity laws and covenants requiring Permittee not to discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to his/her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of his/her race, religion, color, national origin, age, sex, height, weight, marital status, or physical or mental disability, which is unrelated to the individual's ability to perform the duties of a particular job or position. Permittee shall include, in every subcontract entered into for the performance of this Agreement, a covenant not to discriminate in employment. A breach of this covenant is a material breach of this Agreement. 16. UNFAIR LABOR PRACTICES. Permittee shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA 278, as amended, MCL 423.321 et seq.; MSA 17.458(21) et seq. Under Section 4 of 1980 PA 278, MCL 423.324, the State may void a Contract, Lease, or Operating Agreement if after the award the name of the Permittee as an employer or the name of a Subcontractor, manufacturer, or supplier of Permittee appears in the register. 17. TERMINATION/EXPIRATION OF AGREEMENT. a. Termination by Permitter. Permitter may terminate this Agreement, if Permittee is notified in writing at least one hundred eighty (180) days prior to the effective date of termination and any one of the following occur: (1) the Premises are no longer being used for the purposes identified in this Agreement; (2) Permittee provided Permitter with information at any time during this Agreement that was false or fraudulent; (3) Permittee materially fails to perform any of its obligations under this Agreement, and such failure is not cured within ninety (90) calendar days after written notice of default to Permitter; (4) Permittee or any subcontractor, manufacturer or supplier of FINAL VERSION INIT 12 of 16 PRO600 (9 1 11 612004) Permittee appears in the register compiled by the Michigan Department of Labor and Economic Growth, pursuant to 1980 PA 278, as amended, MCL 423.321 et seq.; MSA 17.458(21) et seq. (Employers Engaging in Unfair Labor Practices Act); (5) the State of Michigan does not appropriate funds to support this Agreement; and (vi) if Permitter deems termination is in the best interest of the State of Michigan. i. Termination by Permitter in Absence of Default/Breach. If Permitter terminates this Agreement in absence of default or breach by Permittee, then (1) Permitter shall reimburse Permittee the amount of the non -depreciated value of Capital Improvement Projects (as defined in this Agreement) to the Park, paid for by Permittee, on the date of the termination notice and (2) Permittee shall keep all amounts in the Restricted Account, if any, to be used for solely for parks and recreation purposes; if the amounts contained in the Restricted Account do not equal or exceed the total amount covered by Permittee pursuant to Section 10.e., then Permitter shall pay Permittee such difference.. ii. Termination by Permitter for Default/Breach. If Permitter terminates this Agreement for default or breach by Permittee, then Permittee shall pay to Permitter all amounts in the Restricted Account, if any, minus the total amount covered by Permittee pursuant to Section 10,e. b. Termination by Permittee. Permittee may terminate this Agreement, if Permitter is notified in writing at least one hundred eighty (180) days prior to the effective date of termination and any one of the following occur: (1) the Premises are no longer being used for the purposes identified in this Agreement; (2) Permitter provided Permittee with information, in its application for this Agreement or at any time during the Agreement term, that was false or fraudulent; (3) Permitter materially fails to perform any of its obligations under this Agreement, and such failure is not cured within ninety (90) calendar days after written notice of default to Permitter; (4) Permitter or any subcontractor, manufacturer or supplier of Permitter appears in the register compiled by the Michigan Department of Labor and Economic Growth, pursuant to 1980 PA 278, as amended, MCL 423.321 et seq.; MSA 17,458(21) et seq. (Employers Engaging in Unfair Labor Practices Act); (5) Permitter does not appropriate funds to support this Agreement; and (6) if Permittee deems termination is in its best interest of the County of Oakland. i. Termination by Permittee in Absence of Default/Breach. If Permittee terminates this Agreement in absence of default or breach by Permitter, then Permittee shall pay to Permitter all amounts in the Restricted Account, on the date of termination, if any, minus the total amount covered by Permittee pursuant to Section 10,e. ii. Termination by Permittee for Default/Breach. If Permittee terminates this Agreement for default or breach of Permitter, then (1) Permitter shall reimburse Permittee the amount of the non - depreciated value of Capital Improvement Projects (as defined in this Agreement) to the Park, paid for by Permittee, on the date of the FINAL VERSION INIT 13 of 16 PR0600 (1 111 612 0 04♦ termination notice and (2) Permittee shall keep all amounts in the Restricted Account, if any, to be solely used for parks and recreation purposes; if the amounts contained in the Restricted Account do not equal or exceed the total amount covered by Permittee pursuant to Section 10.e., then Permitter shall pay Permittee such difference. c. Disposition of Restricted Fund Upon Expiration of Agreement. Upon expiration of this Agreement, Permittee shall pay all amounts in the Restricted Account, on the date of expiration, if any, into an account directed by Permitter, in writing, to be solely used for recreation purposes at the Park. d. Disposition of Property Upon Expiration/Termination of Agreement. Upon expiration or termination, for any reason, of this Agreement: (1) Permittee shall transfer ownership of all Park structures and fixtures, constructed by Permittee or its agents, to Permitter via a written bill of sale or other type of agreement evidencing a transfer of ownership; and (2) each Party shall retain ownership of personal property, purchased by them, associated with the Park. 18. RESERVATION. Permitter reserves the right to grant rights-of-way and easements of any kind and nature over and across said Premises and to grant or exercise all other rights and privileges of every kind and nature not herein specifically granted, but only to the extent such rights-of-way, easements, rights and privileges do not interfere with the development, operation, management, or improvement of the Park. 19. NO INTEREST IN PREMISES. Through this Agreement, Permittee shall have no title interest in and/or to the Premises or any portion thereof and has not, does not, and will not claim any such title or any easement over the Property. 20. NOTICES. Any notice(s) to a Party required by this Agreement shall be complete if submitted in writing and transmitted by personal delivery (with signed delivery receipt), certified or registered mail, return receipt requested. Unless either Party notifies the other in writing of a different mailing address, notices to Permitter and Permittee shall be transmitted to the addresses listed below: FINAL VERSION INIT 14 of 16 PRO600 (11118!2004) PERMITTER: Land Administering Division (LAD) and LAD Administrator State of Michigan State of Michigan Department of Natural Resources Department of Natural Resources Chief, Parks and Recreation Division PO Box 30257 PO Box 30257 Lansing, Mi 48933 Lansing, M1 48933 Attn: Operations Unit Manager 517 241-2054 PERMITEE: Oakland County Parks and Recreation Commission, Executive Officer 2800 Watkins Lake Road FINAL VERSION INIT 14 of 16 PRO600 (11118!2004) Waterford, MI 48328 248 858-4944 23. NOTICES EFFECTIVE TIME/DATE. Notices shall be deemed effective as of 12:00 noon, Eastern Standard Time (EST) on the third (31d) business day following the date of mailing, if sent by mail. Business day is defined as any day other than a Saturday, Sunday, or legal holiday. A receipt from the U.S. Postal Service, or comparable agency performing such function, shall be conclusive evidence of the date of mailing. 24. NO UNNAMED ENTITIESIPARTNERS. The Parties acknowledge there are no unnamed entities or partners having authority over the operation or management of the Premises. 25. MODIFICATION. This Agreement shall not be modified by or interpreted by reference to any course of dealing or usage of trade and shall not be modified by any course of performance. The Agreement can only be modified or amended in writing and any modification or amendment must be executed in the same manner as this Agreement was originally executed. 26. WAIVER. The failure of either Party to enforce any term or condition in this Agreement shall not be construed as a waiver or relinquishment. No term or condition of this Agreement shall be deemed to have been waived by either Party, unless such waiver is in writing. 27. SEVERABILITY. If any term or condition of this Agreement or the application thereof is deemed to be invalid or unenforceable, the remainder of this Agreement shall not be affected and this Agreement shall be valid and enforceable to the fullest extent permitted by law. 28. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Any dispute arising under this Agreement must be resolved in the Michigan Court of Claims. 29. REQUIRED APPROVALS. This Agreement shall not be binding or effective on either Party until executed (and notarized) by both Parties. 30. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties regarding this transaction. This Agreement supersedes all proposals or other prior agreements and all other communications between the Parties relating to this transaction. FINAL VERSION DWI 15 of 16 PR0600 (11/1612004) CHIEF, PARKS AND RECREATION DIVISION DEPARTMENT OF NATURAL RESOURCES THE STATE OF MICHIGAN (Permitter) LIN Ronald A. Olson, Chief STATE OF MICHIGAN ) M. County of Ingham. } The foregoing instrument was acknowledged before me this day of , 2018, by Ronald A. Olson, Chief, Parks and Recreation Division. PREPARED BY: DIANE MARIE MUNSON, Notary Public PARKS AND RECREATION DIVISION State of Michigan, County of Oakland MICHIGAN DEPARTMENT OF NATURAL., RESOURCES My Commission Expires: 07/04/2022 8717 N. ROSCOMMON ROAD Acting in Ingham County ROSCOMMON, MI 48653 COUNTY OF OAKLAND (Permittee): By: David T. Woodward, Chairperson Oakland County Board of Commissioners STATE OF MICHIGAN} County of Oakland) The foregoing instrument was acknowledged before me this day of 2018, by FINAL VERSION Notary Signature Notary Public, Acting in Oakland County My Commission Expires:. County INIT 16 of 16 PRO600 {11118!2004} noa 3n� a ti 3 AHVd ALSO S'.VO A701-1 SAHVd 1,J NnC)D QNt IAVO MR ion as lamoisswou amQx � ao� a3tiNa�aa ��jp � y z.rJ }3 } LL MLFk q- c`a' s�ml a�rw,a. �l Boo�q�vaymjs p��$n� OM1 IpN-�� MY 2059z' 0 �8 22a�z `.'.ii w'LT ogi m �LL E a q.a iwrn�om'ba wq`�d��� \SUP-20AW 55To1'fnt-Kn a3 �4©w� Wo A Zry q W c�^7c rcgvi yi�o WOMAYU-N&M P8N cy �;} "�— ufo �� my 47 , 3EU - Ep ICzpZm WK p� m 2 2f� 9 sops"� w�rngo Q � JJ$K 8 6i-p Lh cf "cfw� 4y uz a ir�4i'.. tai wvgi �j j6 n n o riw p W In KNOW F �w i1�U m as' ba..pii rc 8z iiSz= yw�fwkmrL•�jzO I�z �q���"`Ts �ro R� IMP `nO \ ��r��z yYSw2w nJ oN�N� �pir�' �,a® tog b a w ��+gg ��yO �' zwdt~i� z�zw ww �= 1. B a ' aims 6'��rv'�iG 1 Beg OyW g `��mwn - 'n gm"pdy `' �v q ��q�o�r�,zr Fomg- Hiz Hes J�n!?r- o�fiy�o elm �7��0 ® a� `�M1 z``dzy�� �o��m ��o FEW Q�o�m� {�p!3� F w J� y��4N�yww�wLL j aih rb i-2 EdYOU CL cj LLrz ''z ppd. o4�p`So - O m_ pa3 W c.i VjS KLL �4�� U z i, cia io�µssyco GI z1"w Gam'"�I " �i0.. s�FYt n��a �in�c�Fi i3G IEj PENA. VA fl 'J`a�mTF o;�zF¢ 3 Resolution #19074 April 2, 2019 Moved by Miller seconded by Weipert the resolutions on the Consent Agenda be adopted. AYES: Hoffman, Jackson, Kochenderfer, Kuhn, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Welpert, Woodward, Zack, Gershenson. (17) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the Consent Agenda were adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, Lisa Brown, 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 April 2, 2019, 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 Circuit Court at Pontiac, Michigan this 2nd day of April, 2019. &1 Lisa Brown, Oakland County