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HomeMy WebLinkAboutAgendas/Packets - 1999.03.17 - 40033Fred Korzon Pecky D. Lewis, Jr. George W. Kuhn Chairman Nancy McConnell Ralph Richard Ruth Johnson Frank H. Millard, Jr. CZ Executive Officer Vice Chairman Charles E. Palmer 01AKLAND Jon J. Kipke Richard D. Kuhn, Jr. Richard Skarritt COUNTYPARKS Assistant Manager Secretary J. David VanderVeen 2800 Watkins Lake Road • Waterford, Michigan 48328-1917 248.858.0906 Fax 248.858.1683 TDD 248.858.1684 1-888-OCPARKS • www.co.oakland.mi.us March 9, 1999 Oakland County Parks And Recreation Commission Oakland County, Michigan Ladies and Gentlemen: A meeting has been called of the Parks And Recreation Commission as follows: PLACE . . . . . . . . . . . . .Parks and Recreation Office 2800 Watkins Lake Road Waterford, MI 48328 TIME. . . . . . . PURPOSE . . Wednesday, March 17, 1999 9: 00 A.M. . Regular Meeting This meeting has been called in accordance with the authorization of Chairman Pecky D. Lewis, Jr. of the Oakland County Parks and Recreation Commission. Sincerely, Ralph Richard Executive Officer - Parks and Recreation OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING Parks and Recreation Office 2800 Watkins Lake Road Waterford MI48328 March 17, 1999 PUBLIC HEARING 1. Call Meeting to Order at 9:00 a.m. 2. Roll Call. 3. Approval of Minutes for February 17, 1999 Commission Meeting. 4. Public Comments. 5. Activity Reports for January and February, 1999. 6. Nextel Antenna Lease - Springfield Oaks. R. Richard / 858-0909 7. Oak Management Contract. " 8. Park Security Contract. F. Trionfi / 858-4607 9. Direct Mail Piece - Oakland County. J. Pung / 858-4625 10. Bid Item: Fireworks Display - Addison & Groveland Oaks. D. Stencil / 858-4944 11. Bid Item: Modern Restroom Facilities Masonry Bid - J. Figa / 858-4620 Springfield and White Lake Oaks. 12. Bid Item: Used Skates - Mobile Recreation. S. Delridge / 858-4634 13. Grant Application Submission. J. Figa / 858-4620 14. Lyon Oaks Conservation Easement. " " 15. Lyon Oaks Golf Course. R. Richard / 858-0909 16. Executive Officer's Report. " 17. Old Business. 18. New Business. 19. Adjourn. OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING February 17, 1999 The meeting was called to order at 9:30 a.m. by Vice Chairman Richard Skarritt in the commission room of the Parks and Recreation Commission's administration office. COMMISSION MEMBERS PRESENT: Vice Chairman Richard Skarritt, Secretary Richard D. Kuhn, Jr., Eric Coleman, Fred Korzon, Nancy McConnell, J. David VanderVeen COMMISSION MEMBERS ABSENT: Chairman Pecky D. Lewis, Jr., George Kuhn, Thomas Law, Charles Palmer ALSO PRESENT: Parks and Recreation Oakland County Facilities Management Oakland County Emergency Management APPROVAL OF MINUTES: Ralph Richard, Executive Officer Jon J. Kipke, Assistant Manager Daniel Stencil, Chief of Park Operations Janet Pung, Public Communications Officer Joseph Figa, Chief, Design and Development Brian Menghini, Accountant II Michael Hughson, Property Management Specialist Colleen Prosyniuk Moved by Mr. Coleman, supported by Mr. R. Kuhn to approve the minutes of the public hearing of January 20, 1999, as written. AYES: Coleman, Korzon, R. Kuhn, McConnell, Skarritt, VanderVeen (6) NAYS: (0) Motion carried on a voice vote. Moved by Mr. R. Kuhn, supported by Mr. Coleman to approve the minutes of the meeting of January 20, 1999, as written. AYES: Coleman, Korzon, R. Kuhn, McConnell, Skarritt, VanderVeen (6) NAYS: (0) Motion carried on a voice vote. PUBLIC COMMENTS: There were no questions asked by, nor comments received from, the public. APPROVAL OF PAYMENTS: Moved by Mr. Korzon, supported by Mr. Coleman to approve the payment of the Interdepartmental Payment Register for December, 1998 (FM 03, FY 1999); the Journal 3-1 (Commission Meeting, February 17, 1999) Voucher Register for October, November, and December, 1998 (FY 1999); Oak Management Corporation, Inc. Credit Register for October, November, and December, 1998 (FY 1999); the Payment Register, including Voucher Report Period FM 03 FY 1999 (December, 1998); and the CIP Report for the Period FM 01 FY 1999, FM 02 FY 1999, and FM 03 FY 1999 (October, November, December, 1998). AYES: Coleman, Korzon, R. Kuhn, McConnell, Skarritt, VanderVeen (6) NAYS: (0) Motion carried on a voice vote. ACTIVITIES REPORT: The Activities Report for the month of December, 1998, was accepted as filed. OAKLAND COUNTY PARKS AND RECREATION COMMISSION POLICY ADDITIONS: Moved by Mr. R. Kuhn, supported by Mrs. McConnell to adopt the following policies as recommended by the auditors, Janz & Knight: Audits The Oakland County Parks and Recreation staff will perform yearly revenue audits for the following concessionaires: 1) Oak Management Corporation, Inc. 2) Red Oaks Golf Dome and Sports Village 3) Vend-A-Matic CIP Budget Capital Improvement Projects will be defined as follows: 1) Projects that will add to the net worth of the Parks and Recreation system; otherwise, projects will be designated to operating budget line items. 2) The minimum threshold for a capital improvement project will be $10,000, unless otherwise determined. 3) Projects will be closed out at the end of each fiscal year, unless otherwise determined. AYES: Coleman, Korzon, R. Kuhn, McConnell, Skarritt, VanderVeen (6) NAYS: (0) Motion carried on a voice vote. Commission suggested staff investigate the benefits of having our outside auditor also perform the annual audit on our concessionaires; staff will request bids for both our audit and the concessionaires' for next year. TORNADO SHELTER GRANT APPLICATION - GROVELAND OAKS: In response to the Commission's concerns raised at the last meeting, Risk Management and Corporation Counsel advised there should be no increase in liability in providing a shelter that is for tornado protection and that entering into this grant proposal should cause no legal ramifications. 3-2 (Commission Meeting, February 17, 1999) The scope of the project has been narrowed to the construction of a single multi -functional facility. Total cost is estimated at approximately $400,000; amount of the 75/25 matching grant would be $250,000. Staff requested Commission authorization to submit a grant application to the Federal Emergency Management Administration by their deadline of February 28, 1999. Moved by Mr. Korzon, supported by Mr. Coleman to authorize staff to submit a 75/25 matching grant application to the Federal Emergency Management Administration for the construction of a multi -functional facility that will provide restrooms/showers/laundromat, as well as tornado protection, for park users at Groveland Oaks. AYES: Coleman, Korzon, R. Kuhn, McConnell, Skarritt, VanderVeen (6) NAYS: (0) Motion carried on a voice vote. Staff at Oakland County Emergency Management will review ways in which to designate this building for public awareness and safety; Commission directed staff to bring this information back to the board for their review. RM As per the information filed in the agenda, the following bids were approved as recommended by staff and Purchasing: Moved by Mrs. McConnell, supported by Mr. VanderVeen to split the bids for the irrigation projects and award the contract for the installation of an irrigation system around the Glen Oaks Clubhouse to the low bidder, Michigan Automatic, in the amount of $24,750, plus a ten percent contingency of $2,475, for a total budget amount of $27,225; and award the contract for the replacement of the irrigation control system at Red Oaks Golf Course to the low bidder, marc Dutton, in the amount of $52,000, plus a ten percent contingency of $5,200, for a total budget amount of $57,200. Total expenditure for both projects will be $84,425. AYES: Coleman, Korzon, R. Kuhn, McConnell, Skarritt, VanderVeen (6) NAYS: (0) Motion carried on a voice vote. Moved by Mr. R. Kuhn, supported by Mr. Coleman to award the bid for the purchase of a replacement 2000 Bobcat Loader cab assembly for Technical Support to Blavat in the amount of $4,756.15. ROLL CALL VOTE: AYES: Coleman, Korzon, R. Kuhn, McConnell, Skarritt, VanderVeen (6) NAYS: (0) A sufficient majority having voted, the motion carried. 3-3 (Commission Meeting, February 17, 1999) Moved by Mr. Coleman, supported by Mr. VanderVeen to award the contract for the installation of four wells for restroom buildings at Springfield Oaks and White Lake Oaks to the low bidder, Mike Lalone, in the amount of $5,305 each, for a total expenditure of $21,220. ROLL CALL VOTE: AYES: Korzon, R. Kuhn, McConnell, Skarritt, VanderVeen, Coleman (6) NAYS: (0) A sufficient majority having voted, the motion carried. EXECUTIVE SESSION: Moved by Mrs. McConnell, supported by Mr. Coleman to adjourn the meeting to an Executive Session for the purpose of discussing a proposed property acquisition. AYES: Coleman, Korzon, R. Kuhn, McConnell, Skarritt, VanderVeen (6) NAYS: (0) Motion carried on a voice vote. The meeting was adjourned to an Executive Session at 9:57 a.m. The meeting was re -convened at 10:10 a.m. PROPOSED PROPERTY ACQUISITION - LYON OAKS. Moved by Mr. Korzon, supported by Mr. VanderVeen to authorize staff to proceed with the purchase of the 13.8-acre parcel adjacent to Lyon Oaks at a price of $630,000, plus the waiver of the relocation costs. ROLL CALL VOTE: AYES: R. Kuhn, McConnell, Skarritt, VanderVeen, Coleman, Korzon (6) NAYS: (0) A sufficient majority having voted, the motion carried; LYON OAKS GOLF COURSE: Staff was directed to review the Capital Improvement Projects Budget to adjust for the possibility of constructing the additional 9-holes of the proposed golf course at Lyon Oaks now, along with the other 18 holes. Cost to build the additional 9 holes is estimated between $1.8 million and $2 million. Staff presented a list of those projects that would be eliminated from the year 2000 budget, then phased back into the budget in future years. Commission expressed concern over eliminating so many projects throughout the entire park system and 3-4 (Commission Meeting, February 17, 1999) focusing the funds on just one park. They also questioned the time frame the postponed projects would be phased back into the budget for completion, which projects are necessary and which are "wish list," plus what the projected income might be from the additional 9 holes proposed for Lyon Oaks. Staff was directed to address the CIP budget again, prioritizing those projects slated for postponement and providing a schedule reflecting when those projects will be phased back into the budget. Staff will also provide projections on the revenues and expenditures associated with the additional 9 holes of the Lyon Oaks golf course. Commissioner VanderVeen also suggested consideration to have the consultant complete the design phase of the additional 9 holes at this time. EXECUTIVE OFFICER'S REPORT: In addition to the Executive Officer's Report filed in the agenda, the following was noted: ---New Bright industries in Wixom contacted staff about the Commission's possible interest in acquiring 23 acres of their property, which is adjacent to Lyon Oaks. Staff responded in the affirmative, but noted that, at this point in time, it would have to be in the form of a gift from them as no acquisition funds are available. ---Staff met with Rose Township officials regarding Rose Oaks and the possibility of bow hunting at the park. Township officials will review the ordinances regarding this issue; Parks staff will send a letter requesting their approval for bow hunting from October through December. The next meeting will be at 9 a.m. on Wednesday, March 17, 1999, at the administration office. The meeting was adjourned at 10:32 a.m. Richard D. Kuhn, Jr., Secretary Karen Kohn, Recording Secretary 3-5 Monthly Activity Report k Combined Totals ) January,1999 Golf Courses Recreational and Special Evnts Day Use Parks Banquet Facilities Grand Totals Glen Oaks Rounds Played - 9 Holes Rounds Played - 18 Holes Banquet Facilities Red Oaks Rounds Played Springfield Oaks Rounds Played - 9 Holes Rounds Played - 18 Holes Activities Center Rounds Played - 9 Holes Rounds Played - 18 Holes Banquet Facilities Totals Leagues/ Grou s Participants Leagues/Groups Participants 1998 1999 1998 1999 1998 1999 1998 1999 0 0 0 0 15 0 17,502 31,032 152 124 15,497 12,601 368 417 29 116 35,889 3,562 4 178 20 972 23,101 13,446 16,368 75 020 85 612 181 281 2,8201 4,4791 1731 215 25,1321 30,097 3,732 4,330 1 39,2891 40,1811 14,002 17,000 146,770 182,630 Lea ues Participants Lea ues TD Partici ants TD 1998 1999 1998 1999 1998 1999 1998 1 1999 0 0 0 0 7 0 3 643 7,621 0 0 0 01 0 0 1,399 2,736 5 9 1,099 1,682 65 96 9,626 14,950 0 0 0 0 2 0 1,091 1,776 0 0 0 0 5 0 2 249 5,096 25 32 1,823 1,670 130 122 14,355 10,343 1 1 1 1 1 C:1 ► •CC _© . • •1 .III, •, . ��� 0 0 0 01 151 01 17,5021 31,032 03/08/99 Mobile Recreation Airsport Climbing Wall Orbotron Skate Mobile In - Line Mobile Broadway Review Puppet Mobile Sports Mobile Show Mobile Dunk Tank Buses Miscellaneous Waterford Oaks Activity Center Tennis Complex BMX The Fridge Environmental Program Nature Center Outreach * Nature Trail Usage Special Events* Totals Recreational and L -,-,cial Events January, 1999 Groups - Participants Grou s TD Partici ants TD 1998 1 1999 1998 1999 1998 1 1999 1998 1999 0 0 0 0 4 5 820 1,025 0 0 0 0 0 2 0 200 0 0 0 0 1 3 150 450 0 0 0 0 1 0 167 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 5 680 850 0 0 0 0 2 0 458 0 2 0 0 0 14 15 0 0 0 0 0 0 5 1 1,066 233 22 25 814 1,125 107 139 3,580 6,255 01 21 01 01 01 171 01 0 45 42 1 836 1 803 126 96 3 573 8 543 30 30 4,693 3,188 44 104 4,957 4,021 0 0 6,390 1 9,644 0 11 12,588 21,360 0 01 0 1651 01 51 01 1,886 152 1241 15497 126011 368 4171 29116 35889 Not included in totals Senior Volleyball 70 N Wheelchair Basketball 80 Valentine Dance — TGIF 15 03/08/99 Day Use Parks L _a Facilities dison Oaks Pa Campers Day Use Day Campers oveland Oaks Campers Day Use Day Campers Day Use Day Campers Overnight Group Campers Orion Oaks Addison Oaks Conference Ctr_ Waterford Oaks Watermark Red Oaks Water Park Red Oaks Golf Dome & S. V. Totals * Not included in totals W January, 1999 Groups Participants Grou s TD Partici ants TD 1998 1999 1998 1999 1998 1999 1998 1999 3,200 3 805 11 200 137,318 11,012 13 681 38,543 47 885 0 0 0 0 6 0 931 6 0 0 15 0 3 2 441 26 362 3731 1,268 1,3061 1,7091 1,7791 5,9831 6,236 10 13 1,459 2,237 83 95 13,342 13,303 0 0 8,489 8,477 0 01 23,237 23,6 77 35621 41781 20972 23101 13446 163681 75020 85612 03/08/99 Monthly Activity Report k Combined Totals ) February, 1999 Golf Courses Recreational and Special Evnts Day Use Parks Banquet Facilities Leagues/ Grou s Participants Leagues/GroupsLParticipants 1998 19991998 1999 1998 1999 1 1999 0 0 0 0 15 0 17,502 31,032 151 149 13,252 12 763 519 566 42 368 48 652 2,331 27,295 25 873 26,272 15 777 18,663 100 893 111,884 16 23 1,913 3,749 189 238 27,045 33,846 Grand Totals 2,498 2,46711 41,0381 42,7841 169500 19,46711 1879808 225,414 n Oaks Rounds Played - 9 Holes Rounds Played - 18 Holes Banquet Facilities Rounds Played Springfield Oaks Rounds Played - 9 Holes Rounds Played - 18 Holes Activities Center White Lake Oaks Rounds Played - 9 Holes Rounds Played - 18 Holes Banquet Facilities Totals Lea ues Participants Lea ues TD Partici ants TD 1998 1999 1998 1 1999 1998 1999 1998 1999 0 0 0 0 7 0 3,643 7 621 0 0 0 0 0 0 1,399 2,736 2 9 200 1,479 67 105 9,826 16,429 01 01 0 01 01 01 3,8741 5,577 0 0 0 0 2 0 1,091 1,776 0 0 0 0 5 0 2 249 5209 33 43 3,139 4,995 163 165 17,494 15,338 0 0 0 0 0 0 3,866 5,293 0 0 0 0 1 0 1,380 2,933 3 2 291 150 28 26 2,455 1,994 01 01 0 01 151 0 17,502 31,032 03/10/99 Mobile Recreation Airsport Climbing Wall Orbotron Skate Mobile In - Line Mobile Broadway Review Puppet Mobile Sports Mobile Show Mobile Dunk Tank Buses Miscellaneous Waterford Oaks Activity Center Tennis Complex BMX The Fridge Environmental Program Nature Center Outreach * Nature Trail Usage Special Events* Totals Recreational and S L . cial Events February, 1999 Groups Participants Grou s TD Partici ants TD 1998 1999 1998 1999 1998 1 1999 1998 11999 0 0 0 0 4 5 820 1,025 0 1 0 100 0 3 0 300 0 0 0 0 1 3 150 450 0 0 0 0 1 0 167 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 5 680 850 0 0 0 0 2 0 458 0 0 0 0 0 14 15 0 0 0 0 0 0 5 1 1,066 233 37 46 1,419 2,070 144 185 4,999 8,325 01 01 01 01 01 171 01 0 -�-�1 ^ ' ���� • 111 -: 1 1 1 1 1 5 1 38 41 1,902 1 408 164 137 5,475 9 951 49 27 4,233 2,993 93 131 9,190 7,014 0 0 3,608 4,176 0 11 16,196 25,536 0 01 01 332 0 5 0 2,218 151T 149 13252 127631 519 566 423681 48652 * Not included in totals SENIOR VOLLEYBALL 70 WHEELCHAIR BASKETBALL 102 TGIF DANCE 160 03/10/99 Bison Oaks Pa Campers Day Use Day Campers oveland Oaks Campers Day Use Day Campers Day Use Day Campers Overnight Group Campers Orion Oaks Addison Oaks Conference Ctr Waterford Oaks Waterpark Red Oaks Water Park Reel Oaks Golf Dome & S. V. Totals * Not included in totals 01 Day Use Parks 9,1 1 Facilities February, 1999 Groups Participants Grou s TD Partici ants(YTD 1998 1 1999 1998 1999 1998 1999 1998 1 1999 _� 1 1 1 1 ■�1 1 1 1 1 1 1 1 1 1 1 1,913 2 044 6 693 7,154 12 925 15 725 45 236 55,039 0 0 0 0 6 0 931 6 1 1 0 13 0 4 2 454 26 244 251 8541 8801 1,9531 2,0301 6,837 7,116 11 12 1,422 2,120 941 107 14,764 15,423 -�.�1 ■� 1 1 1 ,� 1 1 _�1 1 _� 1 ■�1 -� 1 01 0 17,7071 18,238 0 0 40,944 41,905 23311 22951 258731 26272 157771 18663 1008931 111884 03/10/99 ITEM #6 NEXTEL ANTENNA LEASE SPRINGFIELD OAKS In February, 1998, Nextel approached the Parks Commission to request leasing space on the Springfield Oaks water tower for the purpose of cellular communications antennas. Also included in the lease is approximately 600 square feet of land for their service building. In March of 1998, the Parks Commission reviewed the lease proposal from Nextel. At this meeting, staff was directed to send this lease to Corporation Counsel for review and recommendations. Attached is a cover letter from John Ross, who has been working with Nextel to arrive at an acceptable lease. Staff is recommending the Commission enter into this lease with Nextel. C:\WPDOCSWGENDAWEXTEL.WPD 6-1 I N T E R MEMO O F F I C E To: JON J. KIPKE, Assistant Manager, Parks & Recreation From: JOHN ROSS, Assistant Corporation Couns File No.: 98-288 Subject: Nextel Lease at Springfield Oaks Date: March 4, 1999 I have reviewed the attached proposed Nextel Lease at Springfield Oaks and, notwithstanding the reservations I have put to you in writing on two occasions (May 19, 1998 and October 5, 1998), the document presented comports with the agreement I have been able to negotiate with Nextel. If you will recall, Nextel refused to accept a license instead of a lease, and refused to use any other contract form other than its own. I still think that our form is a better form for the County, but Nextel has flatly refused to use any form other than its own. There is still one sticking point in the document which Nextel refuses to negotiate. That is Paragraph 17, Hazardous Substances. I would suggest that you read this paragraph very carefully. Paragraph 17, requires two things of the Parks and Recreation Commission; (1) a guaranty that . the Parks and Recreation Commission has never used or stored any hazardous material at the site reserved for the lease, in a way that would contravention any law or regulation relating to such use or storage; and (2) that in the future the Parks and Recreation Commission will never use or store hazardous material at that site in contravention of any law or regulation, nor will it allow any third party to do so in the future. Can the Parks and Recreation Commission make these representations and warranties? I believe this Paragraph to be unwarranted and unnecessary since Nextel is in reality leasing a site on a water tower and is not leasing a substantial portion of land. This is a further example of how Nextel is overreaching by demanding that only its contract form can be used if Nextel is to agree to this Lease. That said, this is the best contract that I was able to negotiate with Nextel, and it is up to the Parks and Recreation Commission to review it and determine if the Commission can live with the terms and conditions contained therein. JR/egm Attachment nAtempfile\John\parks\nextel\kipke.mem 6-2 PRIVILEGED AND CONFIDENTIAL ATTORNEY / CLIENT COMMUNICATION file in: MKT: SITE n: COMMUNICATIONS SITE LEASE AGREEMENT (WATER TOWER) This Lease Agreement ("Agreement") is entered into this day of , 199_, between Nextel West Corp., a Delaware corporation, d/b/a Nextel Communications ("Lessee"), and County of Oakland, a Michigan Constitutional Corporation, by and through one of its statutory agents, the Oakland County Parks and Recreation Commission ("Lessor"). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Lessor is the owner of a parcel of land (the "Land") and a water tower (the "Tower") located in the Township of Springfield, County of Oakland, State of Michigan, commonly known as 12451 Andersonville Rd. (the Tower and Land are collectively, the "Property"). The Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately six hundred (600) square feet of the Land and space on the Tower and all access and utility easements, if any, (collectively, the "Premises") as described in Exhibit B annexed hereto. Nothing contained in this Agreement shall be construed to prohibit Lessor from permitting additional lessees or licensees from erecting, constructing, or operating any equipment on the Land or Tower in addition to the Lessee Facilities provided that such additional equipment does not result in a breach of paragraph 7(b) of this Agreement. 2. Use. The Premises may be used by Lessee for any activity in connection with the provision of communications services. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises. 3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Property for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities (as defined in Paragraph 6(a) below), provided that Lessee complies with all rules and regulations established by the Oakland County Parks and Recreation Commission and not interfere with any park functions while on the Property . Upon Lessee's request, Lessor agrees to provide promptly to Lessee copies of all existing plans, specifications, surveys and tower maps for the Land and Tower. The tower map shall include the elevation of all antennas on the Tower and the frequencies upon which each operates. Prior to commencement of operations of the Lessee Facilities, Lessee at its sole cost and expense, shall perform an analysis of the structural capacity of the Tower. 4. Term. The term of this Agreement shall be five (5) years commencing on July 31, 1999 or the date Lessee begins construction of the Lessee Facilities, whichever first occurs ("Commencement Date") and terminating on the 5th anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for three (3) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencementof the succeeding Renewal Term. 5. Rent. Within 15 days of the Commencement Date and on the first day of each month thereafter, Lessee shall pay to Lessor as rent One Thousand Five Hundred and 00/100 DOLLARS (S 1500.00) per month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Lessor at 2800 Watkins Lake Road. Rent shall be increased on each annual anniversary of the Commencement Date by an amount equal to three percent (3%) of the Rent in effect during the previous year. If Lessee fails to make a Rent payment within ten (10) days after said payment is due, Lessee agrees to pay a late charge in an amount equal to four percent (4%) of the overdue Rent. Facilities; Utilities; Access. (a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including without limitation underground utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, up to nine (9) radio transmitting and receiving panel antennas and supporting equipment and structures thereto ("Lessee Facilities") as generally depicted in Exhibit B. Lessee shall not make material modifications or additions to the Lessee Facilities depicted in Exhibit B without the consent of Lessor, which approval shall not be unreasonably withheld, delayed or conditioned. In connection therewith. Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement; provided, Lessee repairs any damage to the Premises caused by such removal. (b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee shall have the right, at its sole cost and expense, to draw electricity and other utilities from the existing utilities on the Property if available or obtain separate utility service from any utility company that will provide service to the Property (including a standby power generator for Lessee's exclusive use) if no existing utilities are available. Lessor agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Lessee or to the servicing utility company at no cost to the Lessee, of an underground utility easement in, over across or through the Land as required by such servicing utility company to provide utility services as provided herein. S:\GR,\PI DS\ED\wTRLESE4. Doc 6-3 1 22-Feb•99 0820:02 Site Name: - file in: MKT: SITE T: (c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors; guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B for the purposes of construction, maintenance and operation of the Lessee Facilities. (d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Lessee's use of such roadways. Interference. (a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or licensees of the Property, provided that their installations predate that of the Lessee Facilities. All operations by Lessee shall be in compliance with all Federal Communications Commission ("FCC") requirements. (b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit, its lessees or licensees to install new equipment on the Property or property contiguous thereto owned or controlled by Lessor, if such equipment is likely to cause interference with Lessee's operations. Such interference shall be deemed a material breach by Lessor. In the event interference occurs, Lessor agrees to take all action necessary to eliminate such interference, in a reasonable time period. In the event Lessor fails to comply with this paragraph, Lessee may terminate this Agreement, and/or pursue any other remedies available under this Agreement, at law, and/or at equity. (c) If Lessor wishes to install Lessor's communications equipment on the Tower, such equipment shall be placed at a location on the Tower which is mutually acceptable to Lessor and Lessee in order to prevent interference to Lessee. 8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. 9. Waiver of Lessor's Lien. (a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessors consent. (b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference. it. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Lessee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against liability of Lessee. its employees and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessee also agrees, at its sole cost and expense, to procure and maintain One Million and 00/100 Dollars (SI,000.000.00) combined single limit per occurrence Auto Fleet Insurance, including coverage for hired cars, leased vehicle and owned and non -owned vehicles. Lessee shall procure, at its sole cost and expense, Workers Compensation as required by the law in the minimal amount of Five Hundred Thousand and 00/100 Dollars (S500,000.00) Employers Liability. Lessor represents that it is self insured and shall insure itself against liability of Lessor, its employees and agents arising out of or in connection with Lessor's use, occupancy and maintenance of the Proper. Lessor shall be S AGRAPIDSTMNV RLESE4.Doc 6-4 22-Feb-Q) 0820.02 Si1c Name: file in: MKT: SITE #: named as an additional insured on the Lessee's policy. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date. 13. Waiver of Subrogation. Each party to the contract mutually agrees to waive their right of subrogation against the other party for First Party losses covered by insurance, such as but not necessarily limited to fire, lighting, vandalism, etc. 14. Assignment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Lessor; provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in -interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, including but not limited to, those set forth in Paragraph 9 above. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 15. Warranty of Title and Quiet Enjoyment. Lessor warrants that: (i) Lessor owns the Property in fee simple and has rights of access thereto and the Property is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. 16. Repairs. Lessee shall not be required to make any repairs to the Premises or Property unless such repairs shall be necessitated by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. 17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Land in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation.. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. 18. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to \whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Lessor: Oakland County Parks and Recreation Commission Lessee: 2800 Watkins Lake Rd. Waterford, MI 48328-1917 W;th a copy to: 6-5 S:\GR,\PIDs\ED\\yTRLESE4. DOc 3 Site Name: Nextel West Corp. 300 Galleria Officentre, Suite 301 Southfield, Michigan 48034 Attn: Property Manager Nextel Communications, Inc. 1505 Farm Credit Drive McLean, Virginia22102 Attn: Legal Dept., Contracts `tanager 22•Feb-99 08:20,02 file in: MKT: SITE #: Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement shall be governed by the laws of the State of Michigan. (f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the official records of the County where the Property is located. In the event the Property is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee a non -disturbance and attomment instrument for each such mortgage or deed of trust. (g) Lessee may obtain title insurance on its interest in the Premises. Lessor shall cooperate by executing documentation required by the title insurance company. (h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. (i) All Riders and Exhibits annexed hereto form material parts of this Agreement. 0) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. (k) Lessor shall not be liable to Lessee for any expenses or lost revenues associated with Lessee's failure to complete installation of the Lessee Facilities or for failure of the Lessee Facilities to be operational resulting from any cause beyond the reasonable control of the Lessor, including but not limited to, electrical failures, acts of God, casualties, fires, labor problems, civil disorders, etc., and Lessor shall not be liable for any special and/or indirect or consequential damages. 19. Tower Marking and Lighting Requirements. Lessor acknowledges that it, and not Lessee, shall be responsible for compliance with all Tower marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Lessee be cited by either the FCC or FAA because the Tower is not in compliance and, should Lessor fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, Lessee may either terminate this Agreement immediately on notice to Lessor or proceed to cure the conditions of noncompliance at Lessors expense, which amounts may be deducted from the Rent. Lessee shall be responsible for compliance with all marking and lighting requirements of the FAA and the FCC which are directly attributable to the installation or operation of the Lessee Facilities on the Tower. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LESSOR: County of Oakland, a Michigan Constitutional Corporation, by and through one of its statutory agents, the Oakland County Parks and Recreation Commission By: _ Print: Title: Date: Tax ID# 38-600-4876 LESSEE: Nextel West Corp., a Delaware corporation, d,'b'a Nextel Communications By: Print: Linda M. Marshall Title: Vice President Nextel West Co . Date: S, \GR,WIDS\ FD\%%* TRLEsE4 Doc Site Name 22-Frh- N 09?0 0' file in: MKT: SITE #: EXHIBIT A DESCRIPTION OF LAND to the Agreement dated , 199 , by and between as Lessor, and Nextel West Corp., a Delaware corporation, d/b/a Nextel Communications, as Lessee. The Land is described and/or depicted as follows (metes and bounds description): Commonly known as: Tax Parcel Number: S.1,GRAPIDSTED\\\YRLESE4 Dix- $ 22-Fab-99 08,20:02 Site Name: file in: MKT: SITE #: EXHIBIT B DESCRIPTION OF PREMISES to the Agreement dated , 199_, by and between as Lessor, and Nextel West Corp., a Delaware corporation, d/b/a Nextel Communications, as Lessee. The Premises are described and/or depicted as follows: Notes: I. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the ividth required by the applicable governmental authorities, including police and fire departments. ` 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. 6-8 S.\GRAPIDS\FD\WTRLESE-i.Doc 6 22-Feb-94 0$:200_' Site Name: file in: MKT: SITE EXHIBIT C MEMORANDUM OF AGREEMENT CLERK: Please return this document to: Nextel West Corp. 300 Galleria Officentre, Suite 301 Southfield, Michigan 48034 Attn: Leasing Department This Memorandum of Agreement is entered into on this _ day of , 199_, by and between County of Oakland, a Michigan Constitutional Corporation, by and through one of its statutory agents, the Oakland County Parks and Recreation Commission with an address at 2800 Watkins Lake Rd., Waterford, MI 48328-1917, (hereinafter referred to as "Lessor") and Nextel West Corp., a Delaware corporation, d/b/a Nextel Communications, with an office at 300 Galleria Officentre, Suite 301, Southfield, Michigan 48034, (hereinafter referred to as "Lessee"). 1. Lessor and Lessee entered into a Communications Site Lease Agreement ("Agreement") on the _ day of 199_, for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The term of the Agreement is for five (5) years commencing on July 31, 1999 or the date Lessee begins construction of the Lessee Facilities, whichever first occurs ("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with three (3) successive five (5) year options to renew. 3. The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land } being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. LESSOR: LESSEE: County of Oakland, a Michigan Constitutional Nextel West Corp., a Delaware corporation, Corporation, by and through one of its d/b/a Nextel Communications statutory agents, the Oakland County Parks and Recreation Commission By: By: Print: Print: Linda M. Marshall Title: Title: Vice President. Nextel West Corp. Date: Date: WITNESSES: Sign Name Sizn Name Print Name Print Name Sign Name Sign Name Print Name Print Name 6-9 S'.GRAP1DST1MVTREE5E4FAx 7 22-Feb•49 08.20:02 Site Name: file in: MKT: SITE #: LESSOR: STATE OF _ COUNTY OF On before me, Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: LESSEE: STATE OF COUNTY OF On , before me, I Notary Public, personally appeared Linda M. Marshall, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: This instrument prepared by: After recording, return to: Mel Stieve Leasing Department Leasing Department 300 Galleria Ofticentre, Suite 301 Nextel West Corp. Southfield, Nil 48034 300 Galleria Officentre, Suite 301 (248) 213-3166 Southfield. IN11 48034 (248)386-5701 SAG RArIDS18D\N'TRLES E4. Doc � 8 22-1:6-99 W20.02 Site Name: 18 The Premises arc described and/or depicted as follows: EXISTING 149= W.,)4 WATER 10"ra ( 5 H o �N�fr3►_24 E 30 $g >zr r x7sla+c .Qtb DR00r, -D rENCE 1� 12 H2O' I SHELTER g2' GATE 20' WIDE -D,Oa. ACGE55-�� ACCESS EASEIVENT £ASEIAENT —� — LEASE AREA DETAIL — SCALE 1'-20' rno7c6ta IVyit KY i YIeOPOSm �►•�► A"� . HCN eNr>n 7JK • M/ 3 S1Au�06 _ eAxem ha7c LEASE AREA, DESCRIPTION THAT PART OF THE NORTHEAST 1/4 OF SECTION 20. TOWN 4 NORTH, RANGE 8 EAST, SPRINGFIELD TOWNSHIP, OAKLAND COUNTY. MICHIGAN, DESCRIBED AS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 20, THENCE NORTH 90' 00' 00- EAST 469.02 FEET, THENCE SOUTH 00' O0' DO- WEST 182.40 FEET TO THE PLACE OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 88' 31' 29" FAST 30.00 FEET; THENCE SOUTH 01' 28' 31" EAST 20.00 FEET; THENCE SOUTH 88' 31' 29- WEST 30.00 FEET; THENCE NORTH 01' 28, 31" WEST 20.00 FEET TO THE PLACE OF BEGINNING. CONTAINING 600 sq.ft. 44 07 4 -- EASEMENT FOR INGRESS/EGRESS & UTILITIES - A 20.00 FOOT WIDE EASEMENT IN THAT PART OF THE NORTHEAST 1/4 OF SECTION 20, AND THE SOUTHEAST 1/4 OF SECTION 17, TOWN 4 NORTH, RANGE 6 EAST, SPRINGFIELD TOWNSHIP, OAKLAND COUNTY, MICHIGAN. THE CENTER LINE OF WHICH IS DESCRIBED AS: COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 20, THENCE NORTH 90' 00' 00" EAST 469.02 FEET; THENCE SOUTH 00' 00' 00" WEST 182.40 FEET; THENCE SOUTH 01' 28' 31' EAST 30.00 FEET TO THE PLACE OF BEGINNING OF THIS CENTER LINE DESCRIPTION; THENCE NORTH 88' 31' 29" CAST AT 162.57 FEET; THENCE NORTH 00' 56' 40" WEST 319.59 FEET; THENCE NORTH 23' 03' 37" WEST 96.90 FEET; THENCE NORTH 49' 28' 23" WEST 95.40 FEET, THENCE NORTH 61' 26' 41" WEST 108.79 FEET; THENCE NORTH 19' 52' 48" CAST 96.13 FEET TO THE SOUTHERLY RIGHT—OF—WAY LINE OF ANDERSON\ALLE ROAD FOR THE PLACE OF BEGINNING OF THIS CENTER LINE DESCRIPTION. Notes: I. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types.. numbers, mounting positions may vary from what is shown above. 1:\SITIiS\MIC:IfICAN\D'1'-808\WTRLESO.1toC 6-11 30-1,cp-98 QA2:07 Site N."w: LO'd LS:OT 86. 9Z 130 89ZZZS28bZ:Xe3 -131X3N ITEM #7 OAK MANAGEMENT CONTRACT Every five years, the contract with Oak Management is reviewed, with negotiations made for the percentages paid to the Parks for each park location. The current five-year agreement is due to expire March 31. Staff is requesting a one -month extension due to the passing of George Lekas. This extension has been discussed with Chairman Lewis, who concurs with this request. C:\W PDOCS\AGENDA\OAKMGT. WPD 7-1 ITEM #8 PARK SECURITY CONTRACT Staff has included a draft of the Park Security Contract with the Oakland County Sheriff's Department for fiscal years 1999 through 2003. This contract will amount to a 12.5% increase over these five years, or a 2.5% increase per year. Staff is recommending the approval of this contract by the Commission. 8-1 MISCELLANEOUS RESOLUTION BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: Sheriff Department -Law Enforcement Services For Parks & Recreation Commission For 1999/2000/2001/20002/20003 To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS it is the policy of the Oakland County Board of Commissioners to permit the Sheriff's Department to enter into contractual agreements for the purpose of Law Enforcement Services; and WHEREAS the Sheriff's Department and Parks & Recreation Commission currently have a contract for Law Enforcement Services; and WHEREAS the contract expired on December 31, 1998; and WHEREAS the Parks & Recreation Commission has requested that the contract be continued for the next five years; and WHEREAS the proposed rates are in the attached contract. NOW THEREFORE BE IT RESOLVED that the Oakland County Sheriff's Department is hereby authorized enter into a contract for Law Enforcement Services with the Parks & Recreation Commission for 1999/2000/2001/2002/2003 at the rates provided in the attached contract. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE 8-2 OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES This OAKLAND COUNTY PARKS AND RECREATION COMMISSION CONTRACT FOR SHERIFF LAW ENFORCEMENT SERVICES (hereafter the "CONTRACT") is made and entered into between the Oakland County Sheriff (hereafter the "SHERIFF") and the Oakland County Parks and Recreation Commission (hereafter the "COMMISSION") 1. The Sheriff agrees to provide professional Law Enforcement Services in those County - owned parks under the control and supervision of COMMISSION. Law Enforcement Services, for all purposes under this CONTRACT, shall mean the enforcement of state statutes, County ordinances, and valid COMMISSION rules for the protection of persons and property, including the writing of tickets therefore. To perform all of the Law Enforcement Services contemplated under this CONTRACT, the SHERIFF agrees to assign SHERIFF's Deputies in the Numbers and Ranks described below, and supply all necessary equipment, communication devices, and other tools and supplies required by any SHERIFF's Deputy in order to perform such Law Enforcement Services. 2. The COMMISSION agrees to reimburse and pay the SHERIFF (check or journal entry payable to: "County of Oakland"), for the Law Enforcement Services of the one (1) Sergeant and two (2) Deputy I(s) at the applicable Monthly Rate, as shown in Item I below, for each month, or pro -rated potion of any month, provided under this CONTRACT. For the ten (10) Park Deputies' Law Enforcement Services, the COMMISSION agrees to reimburse and pay the SHERIFF, as above, for each Hour of each Park Deputy Law Enforcement Services provided under this CONTRACT at the Hourly Rates shown in Item 11, below. For any Sheriffs Deputy Law Enforcement Services beyond the normal workday or workweek, the COMMISSION agrees to pay the SHERIFF, as above, at the applicable Overtime Rate(s) for each Rank(s) shown in Item III below. Rates for Services in Calendar Year 1999 2000 2001 I. Monthly Rate For $17,995 $18,535 $19,091 One (1) Sergeant Two (2) Deputy 1 2002 2003 11 $19,664 Hourly Rate for Ten (10) Park Deputies 1999 $11.03 2002 $12.05 $20,254 2000 2001 $11.36 $11.70 2003 $12.41 DRAFT 8-3 III. Overtime Rates 1999 2000 2001 Sergeant Overtime Rate $48.64 $50.10 $51.60 Deputy I Overtime Rate $30.47 $31.38 $32.33 Park Deputy Overtime Rate $16.53 $17.03 $17.54 2002 2003 Sergeant Overtime Rate $53.15 $54.74 Deputy I Overtime Rate $33.29 $34.29 Park Deputy Overtime Rate $18.07 $18.61 3. The assignment of any Deputy, the hours of work, the control and supervision of all the Deputies, the standards of performance, the discipline of any and all Deputies, and all other matters incident to the performance of any Law Enforcement Services by any SHERIFF's Deputy in any County park under this CONTRACT shall, at all times remain with the SHERIFF. The standards of performance of Deputies assigned to County parks, however, shall not be lower than that furnished other jurisdictions in Oakland County. 4. Any Law Enforcement Services beyond the scope of this CONTRACT may be made available, upon request to the SHERIFF. Any additional Law Enforcement Services are to be paid at the Overtime Rates shown above or, if performed by a Park Deputy on a non -overtime basis, then at the Regular Hourly Rate shown above. 5. If, for any reason, the COMMISSION determines that the above Number of SHERIFF's Deputy's Law Enforcement Services are not required for any particular scheduled shift or day, it shall communicate its request for a reduction in services to the SHERIFF who shall adjust Deputy schedules accordingly. The COMMISSION shall, nevertheless, be liable to reimburse the County for any costs incurred by County in paying any Deputy any minimum call -in time or overtime hour(s) guaranteed under any applicable union or employment contract as a result of any such schedule change. 6. Either party can cancel this CONTRACT by delivering written notice to the other party fifteen (15) days prior to the proposed cancellation date contained in this notice. 7. This CONTRACT will be effective January 1, 1999 and shall remain effective continuously until it terminates on December 31, 2003. 8. The SHERIFF reserve to himself all rights and obligations relating to the provision of any and all police and/or governmental Law Enforcement Service. This CONTRACT does not, and is not intended to, diminish, delegate, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of office of either the SHERIFF or the COMMISSION. 9. For and in consideration of the mutual promises, acknowledgments, representations, and agreements set forth in this CONTRACT, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COMMISION and the SHERIFF hereby agree and promise to be bound by the terms and provisions of this CONTRACT. 11 DRAFT 8-4 IN WITNESS WHEREOF, PECKY D. LEWIS, JR., Chairperson, OAKLAND COUNTY PARKS AND RECREATION COMMISSION, hereby acknowledges that he has been authorized by a resolution of the COUNTY Commissioners to execute this Contract on behalf of OAKLAND COUNTY PARKS AND RECREATION COMMISSION, a Michigan Municipal Corporation, and hereby accepts and binds OAKLAND COUNTY PARKS AND RECREATION COMMISSION to the terms and conditions of this CONTRACT on this day of .1999. WITNESS: OAKLAND COUNTY PARKS AND RECREATION COMMISSION, a Michigan Municipal Corporation By: PECKY D. LEWIS, JR., Chairperson, Oakland County Parks and Recreation Commission IN WITNESS WHEREOF, Michael J. Bouchard, in his official capacity as the Oakland County Sheriff, a Michigan Constitutional Officer, hereby accepts and binds the Office of the Oakland County Sheriff to the terms and conditions of this CONTRACT on this day of . 1999. WITNESS: SHERIFF, COUNTY OF OAKLAND, a Michigan Constitutional Officer By: Michael J. Bouchard, Oakland County Sheriff .11 DRAFT 8-5 ITEM #9 DIRECT MAIL PIECE OAKLAND COUNTY In an effort to begin implementing tacticals for the parks system's Strategic Plan, staff requests approval for a targeted mailing this spring to all (81,000) Oakland County households with children ages 0 - 17. A June, 1998 test mailing to 22,000 Southeast Oakland County households was well received and resulted in the return of more than 400 coupons. The purpose of the direct mail piece will help to ensure availability and access to the parks system (Goal One). Also, by increasing awareness, we expect to increase park usage. Specifications: -- Mailed by May 15, 1999 --81,000 households with children ages 0-17 --11" x 17" folded to --Smooth matte (recycled) 8-1/2" x 11" mailer paper stock --Nine, 4-color photos --Map w/locations and park phone numbers --$1 off coupon --Toll free phone number/website address Cost Estimates: Printing: 81,000 mailers $8,000.00 (will be bid item) Purchase mailing list/disk 3,645.00 Affix bar code addresses 1,645.00 Postage (approx.0.18 ea.) 14,580.00 Estimated total $27,870 (0.34 per household) Funds for this project have been budgeted in the 1998-99 Public Communications marketing budget. 9-1 ITEM #10 FIREWORKS DISPLAY ADDISON AND GROVELAND OAKS A Fourth of July weekend fireworks display has been a major special event for the Oakland County Parks and Recreation Commission at Groveland Oaks dating back to the mid- 1960s. In 1986, a display was added at Addison Oaks. The annual fireworks display attracts nearly between 5,000 and 10,000 spectators at each park. Vehicles entering the parks after 5 p.m. are charged a "special event" entry fee of $5/per vehicle. Vehicles displaying a valid daily or annual permit are admitted at no charge. Vehicle entry fees offset the majority of fireworks display expense (excluding staff salaries). Since 1992, staff has contracted with a fireworks company to provide, transport and display the fireworks show under the supervision of the local fire department, in accordance with state and federal law. Vendors submitted proposals indicating the type and quantity of fireworks they would provide per our specifications for each of the following dates: DATE PARK /S� HOW Friday, July 2 Addison Oaks $6,000 Saturday, July 3 Groveland Oaks $6,000 Quotations were received from the following four firms: Colonial Fireworks Clayton, MI Independence Professional Fireworks Osseo, MI Melrose Pyrotechnics Kingsbury, IN Zambelli Internationale New Castle, PA (Did not meet specs) Wolverine Fireworks Display Company No Response Received Rossi's Famous Fireworks cc" Fireworks by Grucci C4" Staff analyzed the quotations in accordance with the specifications and recommends Independence Professional Fireworks of Osseo, MI for the following reasons: • All fireworks shells are made in Michigan. They have the greatest number of shells in 4"- 8" categories included in their shows. • Vendor has provided our fireworks displays since 1992. Their displays have received most favorable reviews from park patrons. The staff is very professional/consistent, and display sites are always properly cleaned prior to departure. • The color duration of shells are superior to any previous fireworks show staff has observed. • All references and unsolicited comments were most positive. Funds are budgeted in each park's 1999 Operating Budget "Special Event" line item for this expenditure. Eti] ITEM #11 MODERN RESTROOM FACILITIES MASONRY BID SPRINGFIELD OAKS AND WHITE LAKE OAKS GOLF COURSES The Commission requested the construction of modern restroom facilities at Springfield Oaks and White Lake Oaks Golf Courses to replace the existing pit toilets. Architectural and site plans have been created for submittal to the local authorities for construction permits. Construction of these restrooms will be completed by Technical Support staff with the exception of the masonry work. Architectural drawings and specifications were sent to mason contractors; the following bids were received February 23, 1999: Base Bid - Installation only of 4" split -face exterior concrete masonry units, 4" glazed interior concrete masonry units, and regular 4" concrete masonry units. Alternate #1 - Installation only of 8" split -face concrete masonry units and 8" concrete masonry units. CONTRACTOR BASE BID ALTERNATE #1 LDS Contractors, Inc. 1717 Cass Lake Road Keego Harbor, MI 48320 Springfield Oaks $45,150.00 $43,300.00 White Lake Oaks $45,150.00 $43,300.00 Total $90,300.00 t $86,601.00 Benchmark Construction Assoc.,LLC 99 Quail Court Grand Blanc, MI 48439-8185 Springfield Oaks $38,808.00 $27,400.00 White Lake Oaks $38,808.00 $27,400.00 Total $77,616.00 $54,800.00 (Two other contractors did respond but the project did not fit their schedule or they misinterpreted the request for quotation.) There is $100,000 in the Capital Improvement Projects Budget at each golf course for this project. Staff will make their recommendation at the Commission Meeting. MASONRY. ITEM #12 USED SKATES MOBILE RECREATION Bids were requested for the purchase of 114 pairs of used roller skates for Mobile Recreation's skate mobile. The roller skates will replace existing skates that are in very poor condition. The skate mobile has been an active unit for the Mobile Recreation Program since 1974; it is used at community parks, company picnics, fairs, special events, and as part of our campground recreation program. Last year the unit was rented 67 times generating more than $6,000 in revenue. The used roller skates are Reidel brand boots with trucks by Chicago Roadskates, Inc.; they include sizes for men, women and children. These skates are approximately five years old and are available for purchase due to a change in careers of the vendor. Due to the condition and quality of the skates, we feel the anticipated life expectancy will be an additional five years. Bids were requested from the following vendors: Midwest Skate Company No Response Farmington Hills, MI Rolladium Roller Skating Rink Inc. No Response Waterford, MI Graphicon $4,400.00 Sylvan Lake, MI Staff recommends purchasing the skates from Graphicon for $4,400.00. This cost is an average of approximately $38.60 per pair of skates; new skates cost between $79.00 and $189.00 per pair. There is $4,500 budgeted in Mobile Recreation's Recreation Supplies line item account for the purchase of these skates. 12-1 ITEM #13 GRANT APPLICATION SUBMISSION The Oakland County Parks and Recreation Commission has been notified that applications for funding for the Land and Water Conservation, Michigan Natural Resources Trust, and the Recreation Bond Funds may be submitted for 1999 funding. The applications are due on April 1, 1999. Staff recommends the following grants be submitted for the new funding cycle: Independence Oaks Upper Bushman Lake Acquisition Waterford Oaks Wave Pool Renovation Independence Oaks Upper Bushman Lake Acquisition consists of 189 acres of gently rolling hills, wooded and open wetlands and a 13-acre lake. The property is adjacent to Independence Oaks County Park, interconnected through the wetlands system surrounding the Clinton River. This property displays many of the same unique features and characteristics found in Independence Oaks. The lake is surrounded by open wetlands blending into wooded wetlands and upland open and wooded areas. Approximately 3/5 of the area is devoted to the wetland environment, therefore, a wide diversity of plants and animals inhabit this area. This property is one of the last pristine parcels of this size in the area, and given the presence of some high quality natural communities in this area, the wildlife division recommends acquisition of this parcel by Oakland County Parks and Recreation. The estimated cost for this acquisition is $3,700,000, with $2,000,000 being from Michigan Natural Resource Fund and $1,700,000 from Oakland County Parks and Recreation. The Waterford Oaks Wave Pool Renovation consists of renovation of the 23-year-old wave action pool which is the major water attraction at Waterford Oaks Park. In spite of an excellent maintenance program, the pool's deterioration has continued and now has reached a point where major repairs must occur to permanently resolve these problems. Work contemplated includes major demolition comprising removal and exploration of the pool bottom and subsurface. Plans and specifications will be prepared for the renovation of these areas. The renovation will include a new drainage system and repouring of the pool floor. During construction, the wave making equipment will also be updated. The existing system is hydraulic (oil based). The new systems are pneumatic (air based), require less maintenance, and are more environmentally friendly. Repairs to the existing equipment are becoming increasing difficult because of the unavailability of parts. Several other aspects of the pool will also be examined and replaced as needed (i.e., pool lighting system, gutters, pool coping, etc.) Once the basic construction has been completed, a new surface coating will be applied to the entire pool interior. The estimated cost for this project is $500,000, with $300,000 being from the Michigan Recreation Bond Fund and $200,000 from Oakland County Parks and Recreation and Oakland Parks Foundation. These grant projects are consistent with the goals adopted in the 1997-2001 Recreation Master Plan A presentation and further information will be presented by staff at the required public hearing scheduled for 9 a.m. at the March 17 commission meeting. 13-1 ITEM #14 LYON OAKS CONSERVATION EASEMENT Staff has been working with the Michigan Department of Natural Resources (DNR) for the past several months on the issue of the golf course construction at Lyon Oaks. When the initial and subsequent grants for DNR Trust Funds (1989-1993) were submitted and approved, the conceptual plans did not include the golf course or the waterparlc. Once the property was acquired and a master plan was developed, a golf course and waterparlc were added in response to additional input by the commission and the public. This was brought to the DNR's attention last year as a result of the presentation of the master plan to Lyon Township. The DNR staff indicated that the main intent for granting the funds was to preserve the wetlands, rookery and open spaces. They indicated that the original concepts depicted uses that were compatible with the grant intent. As a result, they have mandated that we amend the grant agreements and provide the DNR with a conservation easement that will protect the wetlands and the rookery from any adverse action. Staff has been developing the wording for this easement that will provide this protection while not impeding the construction of the golf course or other future development indicated in the master plan. The draft of the easement has been included in your packet. It is, of course, subject to your approval and the required procedural process (review and approval by Corporation Counsel, various committees, the Board of Commissioners, the staff of the DNR and acceptance by the Land Trust Board.) Staff will make a presentation regarding this issue. 14-1 CONSERVATION EASEMENT DATE: GRANTOR: County of Oakland (Oakland County Parks and Recreation Commission) GRANTEE: State of Michigan, Department of Natural Resources (DNR) PROPERTY: In Lyon Township, Oakland County, Michigan. I. CONVEYANCE: The Oakland County Parks and Recreation Commission, hereinafter known as the "Grantor," conveys and warrants to the State of Michigan,Department of Natural Resources (DNR), hereinafter known as the "Grantee," a perpetual Conservation Easement over (see attached legal description, Exhibit A) located in Lyon Oaks County Park, Lyon Township, Oakland County, Michigan, hereinafter known as the "Property." The scope of this Conservation Easement is set forth in this agreement._ II. CONSERVATION VALUES: The Property possesses natural; scenic, open space, scientific, biological and ecological values of prominent importance to the Grantor, the Grantee and the public. These values are referred to as the "Conservation Values" in this easement. III. PURPOSE OF THIS CONSERV. A. The Grantor is the fee simple title owner of the property, and is committed to preserving the Conservation Values'of the Property. The acquisition of this property was enabled through the expenditure of funds from Oakland County Parks and Recreation's 1/4 mil and grants of $2.6 million from the Michigan Natural Resources Trust Fund. The purpose of these grants is to protect natural resources, open space, and public outdoor recreation as agreed upon in the State.of Michigan Department of Natural Resources, "Michigan Natural Resources Trust Fund Land Acquisition Project Agreement," Project Number 89-003, Lyon Rookery Acquisition, dated the 1 st day of September 1990, hereinafter known as the "Grant Agreement." The Grantor is obligated by the Grant Agreement, Page 4, Number 5 -, Title, Use and Control, (a.), with the Grantee to keep the Property open for public outdoor recreation use in perpetuity. B. The Grantee isa tax-exempt, Michigan corporation qualified under Internal Revenue Code, Sections 501 (c) (3) and 170 (h) (3) and 170 (h) (4) (ii) and (iii); the Conservation and Historic Preservation Easement Act, MCL 399.251 et seq. The Grantee protects natural habitats of fish, wildlife, plants or similar ecosystems. The Grantee also preserves open spaces, including farms and forests, where such preservation is for the scenic enjoyment of the general public or pursuant to clearly delineated governmental conservation policies and where it will yield a significant public benefit. CAWDOMAGENDATASEMENT.CON - 1 - 3/11/99 14-2 CONSERVATION EASEMENT OAKLAND COUNTY PARKS AND RECREATION AND THE STATE OF MICHIGAN C. The Property has the following specific Conservation Values: • Natural areas of the site (as outlined in the "Lyon Oaks Master Plan",adopted in 1997) contributes to the ecological viability of this wildlife refuge, the'former heron rookery, and protects its potential for hunting opportunities, (see, enclosed letter), passive recreation, open space, and protects it from encroaching development. • Valued wetlands, as described in 1979; MCL 281.701 et seq. IV. THE PARTIES AGREE TO THE FO AGREEMENT: A. RIGHTS OF THE STATE. The Grantee to perpetually maintain the OF THIS Act VATION rs the followingrights upon the Values of the Property: 1. Right to Enter. The Grantee's representative has the right to enter the Property at reasonable times to monitor or to enforce compliance Vith the Conservation Easement. The Grantee may not, however, unreasonably interfere with the Grantor's use and quiet enjoyment of the Property. The Grantee has no right to permit others to enter the Property. reserve. The Grantee has the right to prevent any activity on or use of the is inconsistent with the purposes of this easement. 3. Right to Require Restoration. The Grantee has the right to require restoration of the areas or features of the Property which are damaged by activity inconsistent with this PERMITTED USES. Grantor retains all ownership rights which are not expressly restricted by;this Conservation Easement. In particular, the following rights are preserved:, ; 1. Right to Convey-. The grantor has the right to sell said property only as stated in Item 5 Title, Use and Control, of Grant Agreements (Project Numbers TF 89-003, TF 91- 026, TF 93-037 and TF 96-026). If written approval to convey is received from the Grantee, the Property will remain subject to the terms of the conservation easement and the subsequent owner will be bound by all obligations under the easement. CAWDOMAGENDATASEMENT.CON - 2 3/11/99 14-3 CONSERVATION EASEMENT OAKLAND COUNTY PARKS AND RECREATION AND THE STATE OF MICHIGAN 2. Right to Maintain and Replace Existing Utility Easements. The Grantor has the right to maintain and/or replace any existing utility easements on the "Property." 3. Right to Add Designated Use. Trails, boardwalks, emergent wetland overlooks, forested wetland overlooks, open water forested wetland overlooks and nature trail head as specified in the Lyon Oaks Master Plan or single -width maintenance drives where appropriate and built in acceptable construction standards. Such items shall not be placed or constructed in any area within the conservation easement where, such construction would interfere with any habitat of rare or endangered species of animal, fish or plants or where similar ecosystems thrive in a natural state. Additional uses not herewinthin specified require written permission of the Grantee. 4. Cutting Vegetation. Removal of invasive, non-native vegetation, or hazardous trees shall be removed for reasons of safety or to protect authorized roads, fences, foot trails, paths and recreation amenities as specified in the Lyon Oaks adopted Master Plan, or areas immediately adjacent to authorized structures. 5. Off -road Vehicles. terrain vehicles may be the Property or for the C. PROHIBITED nuMOses of this 1. 3. Constr buildings, except as di tea on the prc of its users in snowmobiles and/or all -d by the Grantor to maintain 1S. Any activity on'or use of the property inconsistent with the .ion easement or detrimental to the conservation values is way of example, the following activities and uses are explicitly a or subdivision of the property is prohibited. ;. Commercial or industrial activity is prohibited. he placement or construction of any man-made modification, such as , fences, roads and parking lots and uses are expressly prohibited in Permitted Uses above. /e etg� ation. Any cutting of trees or vegetation is prohibited except as permitted herein. 5. Land Surface Alteration. Any mining or alteration of the surface of the land is prohibited. CAWPDOMAGENDATASEMENT.CON -3 - 3/11/99 14-4 CONSERVATION EASEMENT OAKLAND COUNTY PARKS AND RECREATION AND THE STATE OF MICHIGAN 6. Dumping. Waste and unsightly or offensive material is not allowed and may not be accumulated on the Property. 7. Water Courses. Natural water courses, lake shores, wetlands, or other water bodies may not be altered. 8. Off Road Vehicles. Motorized off -road vehicles, such as snowmobiles, dune b all terrain vehicles and motorcycles may not be operated on the propertyexcept as permitted herein. D. CONSERVATION REMEDIES. This section addresses cumulative remedies of the Grantee and limitations on these remedies. 1. Delay in Enforcement. A delay in enforcement shall not be construed as a waiver of the Grantee's right to eventually enforce the terms of this Conservation Easement. 2. Acts Beyond Grantor's Control. The Grantee may not bring an action against the Grantor for modifications to the Property resulting from causes beyond the Grantor's control. Examples are: unintentional fires, storms, natural earth movement, trespassers or even a Grantor's well -intentional fires, storms,'natural earth movement, trespassers or even a Grantor's well-intentioned actions in response to an emergency resulting in changes to the Property.' The Grantor, has no responsibility under this Conservation Easement for such unintended modifications. 3. Notice and Demand. If the Grantee determines that the Grantor is in violation of this Conservation Easement or that a violation constitutes immediate and irreparable harm. The Grantee will provide written notice to the Grantor and will identify the violation and request corrective action to 'cure the violation or to restore the Property. 4. Failure to Act. If, for a 28-day period after written notice, the Grantor continues violating this Conservation Easement, or if the Grantor does not abate the violation and implement corrective measures requested by the Grantee, the Grantee may bring an action in law or in equity to enforce the terms of this Conservation Easement. The Grantee is also entitled to enjoin the violation through injunctive relief, seek specific performance, declaratory relief, restitution, reimbursement of expenses, or an order compelling restoration of the Property. If the court determines that the Grantor has failed to comply with this Conservation Easement, then the Grantor also agrees to reimburse all reasonable costs and attorney fees incurred by the Grantee. 5. Unreasonable Litigation. If the Grantee initiates litigation against the Grantor to enforce this Conservation Easement, and if the court determines that the litigation was CAWPDOMAGENDATASEMENT.CON - 4 - 3/11/99 14-5 CONSERVATION EASEMENT OAKLAND COUNTY PARKS AND RECREATION AND THE STATE OF MICHIGAN without reasonably cause or in bad faith, then the court may require the Grantee to reimburse the Grantor's reasonable costs and attorney fees in defending the action. 6. Grantor's Absence. If the Grantee determines that this is expected to be, violated, the Grantee will make good-ft Grantor. If, through reasonable efforts, the Grantor cannc determines that circumstances justify prompt action to mi the Conservation Values, then the Grantee may pursue its notice and without awaiting the Grantor's opportunity to reimburse all costs associated with this effort.'' 7. Actual or Threatened Non -Compliance. Grar threatened events of noncompliance under the C, immediate and irreparable harm. The Grantee is jurisdiction of the court to enforce this Conserva 8. Cumulative Remedies. The or all, of the remedies may be i threatened violation of the. Con basement is, or otify the and if the Grantee ,nt impairment of that actual or ent constitutes the equitable grantee are cumulative. Any, if there is an actual or E. OWNERSHIP COSTS AND LIABILITIES. In accepting this Easement, the Grantee shall have no liability or other obligation for costs, liabilities, taxes or insurance of any kind related to the Property. The Grantee and agents shall have no liability arising from injury or death to any person or physical damage to any property on the Property. The Grantor agrees to defend the Grantee against such claims and to indemnify the Grantee against all costs and liabilities relating to such claims, during the tenure of the Grantor's ownership of the Property. Subsequent owners of the Property will similarly defend and indemnify the Grantee for any claims arising during the tenure of their owner2offship. F. TERMINATION. This Conservation Easement may be extinguished only by an unexpected change in condition which causes it to be impossible to fulfill the Conservation Easement's purposes, or by exercise of eminent domain. 1. Unexpected Change in Conditions. If subsequent circumstances render the purposes of this Conservation Easement impossible to fulfill, the Grantor still has obligations under the Grant Agreement. The Grantor and Grantee shall determine and agree to, in a reasonable manner, the impact of the easement's termination on the Grantors obligation under the Grant Agreement and the monetary compensation in the form of the fair market value of the Property and any reimbursement to the Grantee. The Grantee will then be entitled to compensation in accordance with the provisions of IRC Treasury Regulations Section. CANVPDOMAGENDATASEMENT.CON - 5 3/11/99 14-6 CONSERVATION EASEMENT OAKLAND COUNTY PARKS AND RECREATION AND THE STATE OF MICHIGAN 2. Eminent Domain. If the Property is taken, in whole or in part, by power of eminent domain, then the Grantee will be entitled to compensation by the same method as is set forth in IRC Treasury Regulations Section 1.170A-14 (g)(6)(ii). G. LIBERAL CONSTRUCTION. This Conservation Easement shall be liberally construed in favor of maintaining the Conservation Values of the Property and in accordance with the Conservation and Historic Preservation Easement Act; MCL 399.251 et seq. H. NOTICES. For purposes of this agreement, notices may be provided to either party by personal delivery or by mailing a written notice to that party (at the address shown at the top of the agreement, or at last known address of a party) by First Class mail. Service will be complete upon depositing the properly addressed notice with the U.S. Postal Services with sufficient postage. IN WITNESS WHEREOF, the Grantors day of , 199_ WITNESS: Easement this OAKLAND COUNTY PARKS AND RECREATION Ralph Richard, Chief Executive Officer (Date) (Date) WITNESS: THE STATE OF MICHIGAN (Date) CAWPDOMAGENDATASEMENT.CON - 6 3/11/99 14-7 ITEM #15 LYON OAKS DEVELOPMENT BUDGETED FUNDS (CIP) 1999 $7,750,000 5,100,000 (Bond monies) $12,850,000 1,298,791 Additional funds from 1998 surplus $14,148,791 (240,000) , Unbudgeted restrooms $13,908,791 Remaining for Development BUDGETED FUNDS (CIP) 2000 (Revised) $4,000,000 Funds from 2000 CIP - 600,000 Building Authority Loan - 400,000 Golf Course Operations $3,000,000 - 2,000,000 Cost for new 9 holes $1,000,000 Funds for CIP Projects for Yr. 2000 15-1 Glen Oaks Lyon Oaks Lyon Oaks Year 18 Holes Rounds Charge 18 holes Rounds Charge 27 Holes 1999 Expenses $725,000 $0 $0 Revenue $1,131,000 $0 $0 $406,000 2001 Expenses $775,000 $1,000,000 $1,325,000 Revenue $1,175,000 14,000 $60 $940,000 18,000 $60 $1,180,000 $400,000 ($60,000) ($145,000) 2002 Expenses $1,050,000 $1,375,000 Revenue 17,000 $65 $1,205,000 21,000 $65 11,465,400 $155,000 $90,000 2003 Expenses $1,100,000 $1,425,000 Revenue 20,000 $70 $1,500,000 25,000 $70 11-850-000 $400,000 $425,000 15-2 YEAR 2000 CIP BUDGET CUTS PROJECTS ADDISON OAKS FOR LATER DATE Road Improvement, East Side Paved 350,000 ✓ Pool Building 47,800 ✓ Buel Lake Boathouse 60,000 ✓ Retaining Wall 20,000 Camp Playground 35.000 PARK TOTAL 512,800 GROVELAND OAKS Tree Planting & Landscaping . 20,000 ✓ Cabins -- 4, Phase II 65,000 Storage Shelter, Maintenance Yard 30,000 PARK TOTAL 115,000 INDEPENDENCE OAKS Nature Center Landscape 10,000 ✓ Expand Beach Parking 273,000 ✓ Nature Interpretive Pond 17,000 Meadow Restoration 10,000 Youth Camp, Organized 135,000 ✓ Wedding Gazebo 20,000 Amphitheater Improvements 15,000 PARK TOTAL 480,000 ORION OAKS ✓ Entrance & Road 100,000 PARK TOTAL 100,000 GLEN OAKS Drainage Improvements 20,000 New Trees 10,000 ✓ Storage Building Addition 80,000 ✓ Garden Gazebo 30,000 ✓ Refreshment Center 75,000 Putting Green 50,000 PARK TOTAL 265,000 15-3 RED OAKS ✓ Fencing 50,000 Paving, Cart Paths 35,000 Material Storage Bins 25,000 PARK TOTAL 110,000 SPRINGFIELD OAKS New Trees --Protective 5,000 ✓ Greens & Tees Improvement 75,000 Retaining Walls 60,000 PARK TOTAL 140,000 WHITE LAKE OAKS ✓ Clubhouse Addition 45,000 Fencing 20,000 Material Storage Bins 25,000 ✓ #3 Green Improvement 62,000 Patio 25,000 PARK TOTAL 177,000 WATERFORD OAKS ✓ Winter Park Activity 150,000 Play Lot 30,000 Picnic Shelter, Fridge 75,000 Parking Lot Improvements, Act. Center 50,000 ✓ Play Lot, The Fridge 20,000 ✓ Art Sculpture, Administration 15,000 PARK TOTAL 340,000 TOTAL - ALL PARKS 2,239,800 ✓✓✓ ✓ TOTAL 1,204,800 START UP AT LYON OAKS, YR 2000 - 1,000,000 CONTINGENCY 204,800 C:\WPD0C8\AGENDA\2000BGT.C1P 15-4 ITEM #16 EXECUTIVE OFFICER'S REPORT ---Per the Commission's request, staff is reviewing bid alternatives for the annual audit. We are currently exploring the possibility of being included in the county's general audit process. We have been informed that there would be no cost to Parks and Recreation's budget if this alternative is adopted. The county's audit firm will still provide the Commission with separate financial statements on its operations. ---Financial evaluations (audits) have been completed by staff for the years 1996, 1997, and 1998 for the Red Oaks Golf Dome and Sports Village; staff is currently working on the evaluation of Oak Management Corporation. ---The 1998-99 Christmas Tree Recycling Program collected 4,106 trees from ten locations in the park system. The trees were chipped by one park staff person and a four -man trusty inmate crew at a rate of 203 trees per hour. ---This summer the boat rental operations at Addison, Groveland and Independence Oaks will be offering a "no charge/loaner tackle" program for interested park patrons through a cooperative effort with the Michigan Department of Natural Resources - Fisheries Division. The DNR will provide each park site and our Sports Camp program 25 rod/reel combinations and small boxes of the necessary tackle. Bait will be available for purchase. The Michigan Department of Natural Resources recently released 14 turkeys at Rose Oaks. ---The Oakland County Parks' Mobile Recreation Program will once again be providing the community assistant program (CAP). The program was developed to bring mobile units to Oakland County communities on a scholarship basis; cost to the Commission is $20,000. The communities that participate are: Auburn Hills Clawson Rochester Berkley Farmington South Lyon Bloomfield Hills Ferndale Southfield West Bloomfield Madison Heights Davisburg Hazel Park Novi Troy Huntington Woods Lake Orion Lathrup Village Royal Oak Clarkston Oak Park Ortonville Oxford Pleasant Ridge Pontiac Waterford Wixom Wolverine Lake White Lake ---The Special Park Districts Forum is scheduled for June 9-13 in Hamilton County, Ohio (Cincinnati). Any commissioner interested in attending should contact Karen Kohn by the end of the week. ---Attached is an article on the latest efforts of Mr. Dale Hughes and the Southeast Michigan Velodrome Association regarding the velodrome they had proposed a few months ago. 16-1 Rochester. Hills velodrome would offer Olympic. I -style racing By Rick Blanchard The Detroit News 41 g; Learn about ROCHESTER HMLS { "F t a* r the velodrome Dreams of velodromes have r a f been spinning in the minds !" contact: Dave Young, (248)' of area cyclists this winter. Bya ' 399-1995; Paul Alman, (734) spring those dreams may be (• `663-2540; Dale Hughes, (248) reality. } �: �„ �� 652-05ll; Leonardo Gianola, A proposal for Zoo -meter Y (248) 541-8019; or Michael' outdoor velodrome is expected Rabe, (313) 336 6499. to go before the Rochester Hills city council soon. The oval, 'Pa � ' Web page: www.angelfire.com/, a banked track would be carved )w# s"9 mi/velodrome/ into a hill at Bloomer Park, justl "'`" ;, ! ^ s ,, ; Donat➢ons: Velodrome Fund, at l east of Rochester. Community Foundation of Members of the.,, t ast, An artist's sketch shows phase one of the'velodrome Greater Rochester, P.O. Box 431, Michigan Velodrome Associa- proposed for Bloomer Park, just east of Rochester. Rochester, MI 48308-0431. tt presented their plans recently to about .50 area cyclists. their riding and track skills on." The idea for a local track has sites, including Bloomer, which "What kind of track do we Hughes built the velodrome come a long way since its initial already draws about 6o,000 bike need in Michigan?" asked asso- for the 1996 Olympics at Atlanta, pledge drive two years ago. riders a year for'races and recre- ciation member and vel_ odr0me the EDS Velodrome in Texas Cyclists have raised $lo9,000 , ation. _builder Da1N icon es. "We need and tracks for the Mexican toward the $45o,000 track. The track, to be built in two - - track -that ciders-ean improve - Olympic Committee. They've explored five potential phases, would be similar to the N in 1996, the velodrome brought more than $7 million to the com- munity, says Pat McDonough, track director. If the cycling community can raise another s91,000 in donations, it can get a $250,000 no -interest loan to complete funding. All donations are being handled through the Community Foundation of Greater Rochester, a nonprofit organization. The goal for the Velodrome Association is to reach funding by April 1 and, with city approval, finish construction this summer. Rick Blanchard writes about cycling for The Detroit News. He can be reached at (fro) 385- 83t7 or by a=mail at rbblanch@aol.com. _y a4l, 't Olympic track: steel frame on a concrete foundation; covered by a plasticized wood laminate. A hillside would provide spec- tator seating similar to that at Pine Knob, Hughes says. The second phase of construction would include bleachers and lighting. Rochester Hills' response has been positive. Two city repre- sentatives toured the Lehigh Velodrome at Trexlertown, Pa., and the EDS Velodrome near Dallas. "That's a wonderful venue for a community activity," Mike Hartner, director of parks and forestry for the 'city, says of Trexlertown. "It reminded me of a minor league ballpark where people and families would come." Trexlertown has the most successful track in the United States. During the Olympic trials