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Home My WebLink AboutAgendas/Packets - 2006.11.29 - 40132Pecky D. Lewis, Jr. Chairman Richard Skarritt Vice Chairman J. David VanderVeen Secretary Hugh D. Crawford Vincent Gregory Martin J. Knollenberg John P. McCulloch Charles Palmer i-hn Richards Otte Vogt Daniel J. Stencil Executive Officer 2800 Watkins Lake Road • Waterford, Michigan 48328-1917 248.858.0906 • Fax 248.858.1683 • TTY 248.858.1684 • 1.888.00PARKS QZA 'D www.oal<gov.com/parl<srec 1 fY66-2006 40 Y C-9) r On November 22, 2006 Oakland County Parks and Recreation Commission Oakland County, Michigan Commissioners: A meeting has been called of the Parks and Recreation Commission as follows: PLACE ....................... Parks Administration Office 2800 Watkins Lake Road Waterford, MI 48328 TIME ........................ Wednesday, November 29, 2006 9:00 a.m. PURPOSE .................... 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. Next Meeting: Wednesday, January 3, 2007 Sincerely, C� Daniel J. Stencil Executive Officer Parks and Recreation D:\$Data\My documents\COMMISSN\agendaltr.doc 0 ur mission is to provide recreational, leisure and learning experiences that enhance quality of life. - Oakland County Parks sr.µ-'. Recreation Commission Administy _on Office 2800 Watkins Lake Road Waterford, MI 48328 November 29, 2006 Action Required 1. Call Meeting to Order 9:00 a.m. Pledge of Allegiance 2. Roll Call 3. Public Comment 4. Commission Meeting Minutes for November 1, 2006 Approval 5. Activity Report for September, 2006. 6. Recreation Master Plan 2007 Update Informational 7. 2007 Master Calendar Approval 8. Oak Management Corporation Lease Ratification Approval 9. Community Forestry Grant Acceptance Approval 10. DTE Foundation Tree Planting Grant Approval 11. Bid Items: Approval a. Tornado BF 4-Wheel Pedal Karts - Addison Oaks b. Pre -Manufactured Bridge and Installation - Independence Oaks Connector Trail C. Refrigeration Tubing - Waterford Oaks Fridge Toboggan Run 12. Account Receivable Write-off - Waterford Oaks Waterpark Approval 13. Marketing Update Informational 14. In-house Buyer Assignment Informational 15. EXECUTIVE SESSION 16. Executive Officer's Report Informational 17. Old Business 18. New Business 19. Adjourn Presenter/Phone # P. Lewis / 646.5917 K. Kohn / 858.4606 J. Figa / 858.4620 D. Stencil / 858.4944 GL J. Noyes / 858.4624 J. Figa / 858.4620 LG S. Wells / 858.4634 M. Donnellon / 858.4623 P. Castonia / 858.0909 S. Wells / 858.4634 J. Dunleavy / 858.4647 J. Pung / 858.4625 F. Trionfi / 858.4607 D. Stencil / 858.4944 OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING November 1, 2006 Chairman Pecky D. Lewis, Jr. called the meeting to order at 9:06 a.m. in the commission room of the Parks and Recreation Commission's administration office. COMMISSION MEMBERS PRESENT: Chairman Pecky D. Lewis, Jr., Vice Chairman Richard Skarritt, Secretary J. David VanderVeen, Hugh D. Crawford, Martin Knollenberg, John McCulloch, Charles Palmer, John Richards COMMISSION MEMBERS ABSENT. Vincent Gregory ALSO PRESENT. Parks and Recreation Oakland County 4-H Fair Association Oakland County Corporation Counsel PUBLIC COMMENTS: There were no public questions or comments. APPROVAL OF MINUTES: Daniel Stencil, Executive Officer Sue Wells, Administrator — Pks & Rec. Operations Frank Trionfi, Administrator - Administration Joseph Figa, Chief, Design and Development Mike Thibodeau, Chief of Golf Clyde Herb, Chief of Parks Jim Dunleavy, Chief of Recreation Desiree Stanfield, Public Communications Assistant Sheila Cox, Accountant IV LC Scramlin, General Manager Art Noren, Director John Ross, Assistant Corporation Counsel Moved by Mr. Palmer, supported by Mr. Crawford to approve the minutes of the meeting of October 4, 2006, as written. AYES: Crawford, Knollenberg, Lewis, McCulloch, Palmer, Richards, Skarritt, VanderVeen (8) NAYS: (0) Motion carried on a voice vote. OAKLAND COUNTY4-H FAIR ASSOCIATION PROFESSIONAL SERVICES CONTRACT EXTENSION — SPRINGFIELD OAKS ACTIVITY CENTER: Administrator — Parks and Recreation Operations Sue Wells requested Commission authorization to extend the current Professional Services Contract with the Oakland County 4-H Fair Association for the management of the Springfield Oaks Activity Center. The current contract expires November 5, 2006; staff requested a six-month extension to allow sufficient time to complete the negotiations, review, and approvals for the new contract. 4-1 (Commission Meeting, November 1, 2006) Moved by Mr. Richards, supported by Mr. Crawford to authorize Parks Chairman Pecky D. Lewis, Jr. to sign a six-month extension of the current Professional Services Contract with the Oakland County 4-H Fair Association for the management of the Springfield Oaks Activity Center. The extended contract will expire May 5, 2007. AYES: Crawford, Knollenberg, Lewis, McCulloch, Palmer, Richards, Skarritt, VanderVeen (8) NAYS: (0) Motion carried on a voice vote. Discussion followed on the Commission's authority to sign contracts and a clarification of the intent under PA 261. After discussion, Commission directed staff, representatives of this board who are also on the Oakland County Board of Commissioners as well as representing the County Executive, to determine all the concerns regarding the Parks Commission's authority under PA 261 and then request clarification on those concerns from the state legislature. GENERAL PARKS PRESENTATION: Staff showed the general parks presentation, which has been updated with both still photos and video, showcases the Parks' facilities, programs, and services. Executive Officer Dan Stencil reported that the revision was done in-house by staff, including the narrative. The presentation, which is on DVD, is being used as part of the presentations being made to all the cities, villages, and townships through the Community Connection Initiative. DVD's will be made available to Parks Commissioners and local cable stations, upon request. Suggestions for the next revision included a longer length of coverage for the Oakland County Fair and inclusion of the magnitude of the parks system's acreage. CAPITAL IMPROVEMENT PROJECTS UPDATE Chief of Design and Development Joe Figa gave an overview of the major projects underway throughout the parks, along with their current status. PROPOSED 2007 MASTER CALENDAR: Staff presented the proposed 2007 master calendar for the Commission. Staff will check on the dates for the MAC and NACo Conferences to avoid conflicting with those, if possible. Staff will reconsider the strategic planning session scheduled for April, acknowledging the recent stakeholders interviews and countywide survey completed for the comprehensive recreation master plan may have served that purpose. However, staff plans to schedule a strategic planning session with both staff and Commission in future years. The revised calendar will be presented for approval at the December meeting. COMMUNITY CONNECTION INITIATIVE MASTER CALENDAR/UPDATE: Staff distributed a copy of the calendar reflecting those presentations already made and those scheduled. Staffs goal is to complete visits to each of the 61 cities, villages, and townships by February, 2007. 4-2 (Commission Meeting, November 1, 2006) PROPOSED STRATEGIC PLAN: Staff presented a PowerPoint presentation on the Parks' proposed strategic plan for 2007 — 2009. Commissioner Crawford suggested staff ensure that we are addressing seniors' needs and concerns, placing more emphasis on programs and facilities for them. Executive Officer Dan Stencil shared information on a meeting held with Oakland County Drain Commissioner John McCulloch and officials from the city of Madison Heights on the possibility of the Parks leasing the property on the west side of John R (former site of the Red Oaks Golf Dome) for use as youth soccer fields. This may create an opportunity for a private non-profit and/or local unit of government to participate in a Professional Services Contract for the scheduling of the fields. Maintenance of the facility may be negotiated between the Drain Commission and the city of Madison Heights. Staff responded to Commission concerns on direction with our urban park strategy, clarifying we are not considering taking over municipal parks or overlapping services. FALL GOLF REPORT: Chief of Golf Mike Thibodeau presented a comprehensive golf report, noting revenue comparison at the golf courses from 2001 through 2006, reporting on the existing and new programs directed toward youth golfers, and promotional programs. Mr. Thibodeau also reported on the course improvements at Glen Oaks and Springfield Oaks, plus the proposed netting installation on #2 at Red Oaks. EXECUTIVE SESSION: Moved by Mr. Crawford, supported by Mr. VanderVeen to adjourn to Executive Session for the purpose of discussing a proposed land acquisition. ROLL CALL VOTE: AYES: Crawford, Lewis, McCulloch, Palmer, Richards, Skarritt, VanderVeen, (7) NAYS: (0) A sufficient majority having voted, the motion carried. The Chair declared the meeting closed at 10:39 a.m. The meeting resumed in open session at 11:04 a.m. EXECUTIVE OFFICER'S REPORT: In addition to the Executive Officer's Report filed in the agenda, the following was noted: ---Commissioner McCulloch has agreed to assist staff with the review of the financial/operational assessment RFPs. ---Staff is working with a vendor regarding a proposal to put global positioning systems in carts at the Lyon Oaks Golf Course at no cost. 4-3 (Commission Meeting, November 1, 2006) --- The County of Oakland is now registering with ASCAP, BMI, and SESAC for a government music license. As it stands now, the license will be under the county's name, with the county picking up the entire cost of this license. Also, all the parks, golf courses, and waterparks can now play music under the new licensing. ---Staff met with a local tennis pro who is interested in making a proposal to construct a tennis bubble at Waterford Oaks and pay for six new tennis courts. The "bubble" operations would run from October 1 through April 30. A proposal may be presented to the Commission at the December meeting. Staff is concerned with the perception of competition with the Deer Lake Racquet Club and the Bloomfield Hills Tennis Club; that concern with be addressed in discussions with the gentlemen making the proposal. The next Commission meeting will be at 9:00 a.m. on Wednesday, December 6, 2006 at the Parks Commission's administration office. The meeting was adjourned at 11:09 a.m. �'ttj,f, CPS/C C J. David VanderVeen, Secretary Karen S. Kohn CPS/CAP, Recording Secretary 4-4 INCLUDES CORRECTED FIGURES FOR ADDISON OAKS AND WATERPARKS -11/28 ACTIVITY REPORT 0:71AKLAND SEPTEMBER, 2006 (FM12, FY2006) DAY USE PARKS* Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. 1 FM12,FY05 FM12,FY06 FY2005 FY2006 ADDISON OAKS PARK Campers 12,320 6,028 70,653 67,654 Day Use 6,331 4,042 54,920 40,521 Day Campers 50 0 779 272 *ADDISON OAKS CONFERENCE CENTER 3,226 4,910 39,580 38,476 GROVELAND OAKS PARK Campers 16,044 6,076 100,472 107,114 Day Use 2,708 480 44,987 38,384 Day Campers 0 0 2,857 4,719 INDEPENDENCE OAKS PARK Day Use 32,482 26,964 275,189 276,525 Day Campers 64 3,311 13,729 10,440 Overnight Youth Group Campers 176 381 840 1,168 LYON OAKS PARK Day Use 646 1,882 3,972 9,054 Bark Park 1,933 5,644 25,001 39,097 ORION OAKS PARK Day Use 1,792 958 21,960 16,178 Dog Park 4,593 4,816 38,040 39,674 ROSE OAKS PARK Day Use T777777fl 192 7,128 9,367 SPRINGFIELD OAKS ACTIVITY CENTER Day Use 811 11170 13,149 15,823 4-H Fair 0 0 90,000 75,000 *Banquet Facilities 11,429 13,731 65,487 59,969 WATERFORD OAKS Activity Center- non banquet 1,217 1,216 8,382 5,737 *Banquet Facilities - Activity Center 325 150 7,323 520 Day Use 120 400 21,157 33,140 TOTAL CAMPERS 28,364 12,104 171,126 174,768 TOTAL DAY USE 45,058 36,088 442,462 438,992 TOTAL DAY CAMPERS 114 3,311 17,365 15,431 TOTAL OVERNIGHT YOUTH GROUP CAMPERS 176 381 840 1,168 TOTAL DOG PARK 6,526 10,460 63,041 78,771 TOTAL 4-H FAIR 0 0 90,000 75,000 TOTAL ACTIVITY CENTER -NON BANQUET 1,217 1,216 8,382 5,737 05-06 ACTIVITY REPORT.As, SEPT06 1 of 4 GOLF COUR * Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. I FM12,FY05 FM12,FY06 FY2005 FY2006 GLEN OAKS Rounds Played - 9 Holes 4,401 3,512 40,033 35,859 Rounds Played - 18 Holes 1,986 1,590 11,931 11,344 *Banquet Facilities 3,714 5,011 52,552 53,646 **Grill Room (**Not included in totals) 3,048 3,314 26,458 23,701 LYON OAKS Rounds Played - 9 Holes 783 685 8,135 7,301 Rounds Played - 18 Holes 2,945 2,449 19,340 17,577 Driving range 1,533 1,483 13,779 12,996 *Banquet Facilities 1,580 1,684 16,195 14,916 **Grill Room (**Not included in totals) 3,847 3,498 28,537 24,221 RED OAKS Rounds Played - 9 Holes 3,671 2,747 29,445 27,265 SPRINGFIELD OAKS Rounds Played - 9 Holes 2,280 2,460 25,529 25,793 Rounds Played - 18 Holes 2,678 2,491 17,680 17,785 **Grill Room (**Not included in totals) 2,771 2,550 25,198 24,674 WHITE LAKE OAKS Rounds Played - 9 Holes 3,630 3,971 25,581 33,287 Rounds Played - 18 Holes 1,596 1,416 9,068 9,270 *Banquet Facilities 0 1,097 963 2,997 **Grill Room (**Not included in totals) 0 2,768 967 13,181 TOTAL ROUNDS PLAYED - 9 HOLES 14,765 13,375 128,723 129,505 TOTAL ROUNDS PLAYED -18 HOLES 9,205 7,946 58,019 55,976 TOTAL DRIVING RANGE 1,533 1 1,483 13,779 12,996 05-06 ACTIVITY REPORT.As, SEPT06 2 of 4 RECREATION, FACILITIES AND SPECIAL * Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. FM12,FY05 FM12,FY06 FY2005 FY2006 MOBILE RECREATION Bleachers 8 5 49 36 Bouncers 3,755 6,470 50,520 68,825 Bus 1,845 1,575 24,300 24,975 Climbing Wall/Tower 1,300 1,700 10,300 13,000 Dunk Tank 1,398 2,097 21,143 18,873 Inline Skate Mobile/Hockey Mobile 167 0 7,588 6,012 Puppet 340 680 11,390 9,690 Show Mobile 29 39 191 224 Adventure Sport Mobile 0 40 6,870 1,560 Tents 17 34 198 232 Camps 0 0 900 718 Miscellaneous 0 0 0 0 WATERFORD OAKS BMX 277 1,378 9,406 9,834 WATERFORD OAKS COURT GAMES COMPLEX 786 165 1,800 1,205 WATERFORD OAKS FRIDGE 0 0 20,834 18,571 WATERFORD OAKS LOOKOUT LODGE 573 635 5,418 7,507 WATERFORD OAKS WATERPARK 4,382 353 85,649 79,942 RED OAKS WATERPARK 2,497 298 107,170 94,059 THERAPEUTIC EVENTS 446 205 7,367 8,189 SENIOR EVENTS 156 124 9,932 11,401 TOTAL MOBILE RECREATION VISITS 8,8591 12,640 1 133,4491 144,145 TOTAL FACILITIES AND SPECIAL EVENTS 9,1171 3,1581 247,576 1 230,708 05-06 ACTIVITY REPORT.As, SEPT06 3 of 4 NATURE INTERPRETIVE SERVICES PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. FM12,FY05 FMI2,FY061 FY2005 FY2006 ENVIRONMENTAL PROGRAM - INDEPENDENCE OAKS Nature Center 2,109 1,700 31,226 31,879 Outreach Visits 56 32 9,425 8,353 **Trail Usage (**Not included in totals) 6,198 5,915 115,673 95,524 ENVIRONMENTAL PROGRAM - LYON OAKS Nature Center 313 302 3,711 4,014 Outreach Visits 0 38 2,700 2,182 **Trail Usage (**Not included in totals) 394 1,0261 3,904 5,523 TOTAL NATURE CENTERS 1 2,4221 2,0021 34,937 35,893 TOTAL OUTREACH VISITS COMBINED• 56 70 PARTICIPANTS (MONTH) 12,125 10,535 PARTICIPANTS (YTD) FM12,FY05 FM12,FY06 FY2005 FY2006 DAY USE PARKS 81,455 63,560 793,215 789,867 GOLF COURSES 25,503 22,804 200,521 198,477 RECREATION, FACILITIES AND SPECIAL EVENTS 17,976 15,798 381,025 374,853 NATURE INTERPRETIVE SERVICES 2,478 2,072 47,062 46,428 BANQUET FACILITIES 20,274 26,583 182,100 170,524 GRAND TOTALS 147,686 130,817 1,603,923 1,580,149 Therapeutic/Senior Event Breakdown TR: W/C B'ball - 20; W/C B'ball jr-45; Sportstacular-140 SR: Tennis-52; Fall Color Tour-72 10/6/04 Note: Deleted Grill Room numbers from Combined Totals. 05-06 ACTIVITY REPORT.As, SEPT06 4 of 4 REVISED 11-27-2006 ACTIVITY REPORT SEPTEMBER, 2006 (FM12, FY2006) * Not included in program totals - only in combined totals. In-house events are counted in facility totals. ADDISON OAKS PARK Campers Day Use Day Campers *ADDISON OAKS CONFERENCE CENTER GROVELAND OAKS PARK Campers Day Use Day Campers INDEPENDENCE OAKS PARK Day Use Day Campers Overnight Youth Group Campers LYON OAKS PARK Day Use Bark Park ORION OAKS PARK Day Use Dog Park ROSE OAKS PARK Day Use SPRINGFIELD OAKS ACTIVITY CENTER Day Use 4-H Fair *Banquet Facilities WATERFORD OAKS Activity Center - non banquet *Banquet Facilities -Activity Center Day Use TOTAL CAMPERS TOTAL DAY USE TOTAL DAY CAMPERS TOTAL OVERNIGHT YOUTH GROUP CAMPERS TOTAL DOG PARK TOTAL 4-H FAIR TOTAL ACTIVITY CENTER -NON BANQUET �1.►1'1�W DUNTYPAR PARTICIPANTS (MONTH) I PARTICIPANTS (YTD) FMI2,FY051 FMI2,FY061 FY20051 FY2006 12,320 6,028 70,653 53,800 6,331 4,042 54,920 40,521 50 0 779 272 3,226 4,910 39,580 38,476 16,044 6,076 100,472 107,114 2,708 480 44,987 38,384 0 0 1 2,857 4,719 32,482 26,964 275,189 276,525 64 3,311 13,729 10,440 176 381 840 1,168 646 1,882 3,972 9,054 1,933 5,644 25,001 39,097 1,792 958 21,960 16,178 4,593 4,816 38,040 39,674 168 192 7,128 9,367 811 1,170 13,149 15,823 0 0 90,000 75,000 11,429 13,731 65,487 59,969 1,217 1,216 8,382 5,737 325 150 7,323 520 120 400 21,157 33,140 28,364 12,104 171,125 160,914 45,058 36,088 442,462 438,992 114 3,311 17,365 15,431 176 381 840 1,168 6,526 10,460 63,041 78,771 0 0 90,000 75,000 1,217 1,216 8,382 5,737 05-06 ACTIVITY REPORT.As, SEPT06 1 of 4 GOLF COURSES * Not included in program totals - only in combined totals. =RTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. I FMI2,FY051 FMI2,FY061 FY2005 FY2006 GLEN OAKS Rounds Played - 9 Holes 4,401 3,512 40,033 35,859 Rounds Played - 18 Holes 1,986 1,590 11,931 11,344 *Banquet Facilities 3,714 5,011 52,552 53,646 **Grill Room (**Not included in totals) 3,048 3,314 26,458 23,701 LYON OAKS Rounds Played - 9 Holes 783 685 8,135 7,301 Rounds Played - 18 Holes 2,945 2,449 19,340 17,577 Driving range 1,533 1,483 13,779 12,996 *Banquet Facilities 1,580 1,684 16,195 14,916 **Grill Room (**Not included in totals) 3,847 3,498 28,537 24,221 RED OAKS Rounds Played - 9 Holes 3,671 2,747 29,445 27,265 SPRINGFIELD OAKS Rounds Played - 9 Holes 2,280 2,460 25,529 25,793 Rounds Played - 18 Holes 2,678 2,491 17,680 17,785 **Grill Room (**Not included in totals) 2,771 2,550 25,198 24,674 WHITE LAKE OAKS Rounds Played - 9 Holes 3,630 3,971 25,581 33,287 Rounds Played - 18 Holes 1,596 1,416 9,068 9,270 *Banquet Facilities 0 1,097 963 2,997 **Grill Room (**Not included in totals) 0 2,768 967 13,181 TOTAL ROUNDS PLAYED - 9 HOLES 14,765 13,375 128,723 129,505 TOTAL ROUNDS PLAYED -18 HOLES 9,205 7,946 58,019 55,976 TOTAL DRIVING RANGE 1,533 1,483 13,779 12,996 05-06 ACTIVITY REPORT.As, SEPT06 2 of 4 RECREATION, FACILITIES AND SPECIAL * Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. I FMI2,FY051 FMI2,FY061 FY2005 FY2006 MOBILE RECREATION Bleachers 8 5 49 36 Bouncers 3,755 6,470 50,520 68,825 Bus 1,845 1,575 24,300 24,975 Climbing Wall/Tower 1,300 1,700 10,300 13,000 Dunk Tank 1,398 2,097 21,143 18,873 Inline Skate Mobile/Hockey Mobile 167 0 7,588 6,012 Puppet 340 680 11,390 9,690 Show Mobile 29 39 191 224 Adventure Sport Mobile 0 40 6,870 1,560 Tents 17 34 198 232 Camps 0 0 900 718 Miscellaneous 0 0 0 0 WATERFORD OAKS BMX 277 1,378 9,406 9,834 WATERFORD OAKS COURT GAMES COMPLEX 786 165 1,800 1,205 WATERFORD OAKS FRIDGE 0 0 20,834 18,571 WATERFORD OAKS LOOKOUT LODGE 573 635 5,418 7,507 WATERFORD OAKS WATERPARK 4,382 353 85,649 79,942 RED OAKS WATERPARK 2,497 298 107,170 94,059 THERAPEUTIC EVENTS 446 205 7,367 8,189 SENIOR EVENTS 156 124 9,932 11,401 TOTAL MOBILE RECREATION VISITS 8,859 12,640 133,449 144,145 TOTAL FACILITIES AND SPECIAL EVENTS 9,117 3,158 247,576 1 230,708 05-06 ACTIVITY REPORT.As, SEPT06 3 of 4 NATURE INTERPRETIVE SERVICES PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. FM12,FY05 FM12,FY06 FY2005 FY2006 ENVIRONMENTAL PROGRAM - INDEPENDENCE OAKS Nature Center 2,109 1,700 31,226 31,879 Outreach Visits 56 32 9,425 8,353 **Trail Usage (**Not included in totals) 6,198 5,915 115,673 95,524 ENVIRONMENTAL PROGRAM - LYON OAKS Nature Center 313 302 3,711 4,014 Outreach Visits 0 38 2,700 2,182 **Trail Usage (**Not included in totals) 394 1,0261 3,904 5,523 TOTAL NATURE CENTERS 2,4221 2,0021 34,9371 35,893 TOTAL OUTREACH VISITS COMBINED• 56 70 PARTICIPANTS (MONTH) 12,1251 10,535 PARTICIPANTS (YTD) FM12,FY05 FM12,FY06 FY2005 FY2006 DAY USE PARKS 81,455 63,560 793,215 776,013 GOLF COURSES 25,503 22,804 200,521 198,477 RECREATION, FACILITIES AND SPECIAL EVENTS 17,976 15,798 381,025 374,853 NATURE INTERPRETIVE SERVICES 2,478 2,072 47,062 46,428 BANQUET FACILITIES 20,274 26,583 182,100 170,524 GRAND TOTALS 147,686 130,817 1,603,923 1,566,295 Therapeutic/Senior Event Breakdown TR: W/C B'ball - 20; W/C B'ball jr-45; Sportstacular-140 SR: Tenis-52; Fall Color Tour-72 10/6/04 Note: Deleted Grill Room numbers from Combined Totals. 05-06 ACTIVITY REPORT.As, SEPT06 4 of 4 ACTIVITY REPORT (,)�AAKLAND SEPTEMBER, 2006 (FM12, FY2006) DAY USE PARKS* Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. FM12,FY05 FM12,FY06 FY2005 FY2006 ADDISON OAKS PARK Campers 12,320 6,028 70,653 53,800 Day Use 6,331 4,042 54,920 40,521 Day Campers 50 0 779 272 *ADDISON OAKS CONFERENCE CENTER 3,226 4,910 39,580 38,476 GROVELAND OAKS PARK Campers 16,044 6,076 100,472 107,114 Day Use 2,708 480 44,987 38,384 Day Campers 0 0 2,857 4,719 INDEPENDENCE OAKS PARK Day Use 32,482 26,964 275,189 276,525 Day Campers 64 3,311 13,729 10,440 Overnight Youth Group Campers 176 381 840 1,168 LYON OAKS PARK Day Use 646 1,882 3,972 9,054 Bark Park 1,933 5,644 25,001 39,097 ORION OAKS PARK Day Use 1,792 958 21,960 16,178 Dog Park 4,593 4,816 38,040 39,674 ROSE OAKS PARK Day Use 168 192 5,616 8,279 SPRINGFIELD OAKS ACTIVITY CENTER Day Use 811 11,170 13,149 35,774 4-H Fair 0 0 90,000 75,000 *Banquet Facilities 11,429 13,731 65,487 67,664 WATERFORD OAKS Activity Center- non banquet 1,217 1,216 8,382 5,737 *Banquet Facilities - Activity Center 325 150 7,323 520 Day Use 120 400 21,157 33,140 TOTAL CAMPERS 28,364 12,104 171,125 160,914 TOTAL DAY USE 45,058 46,088 440,950 457,855 TOTAL DAY CAMPERS 114 3,311 17,365 15,431 TOTAL OVERNIGHT YOUTH GROUP CAMPERS 176 381 840 1,168 TOTAL DOG PARK 6,526 10,460 63,041 78,771 TOTAL 4-H FAIR 0 0 90,000 75,000 TOTAL ACTIVITY CENTER -NON BANQUET 1,217 1,216 8,382 5,737 05-06 ACTIVITY REPORT.As, SEPT06 5 1 of 4 GOLF COURSES * Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. FMI2,FY051 FMI2,FY061 FY2005T FY2006 GLEN OAKS Rounds Played - 9 Holes 4,401 3,512 40,033 35,859 Rounds Played - 18 Holes 1,986 1,590 11,931 11,344 *Banquet Facilities 3,714 5,011 52,552 53,646 **Grill Room (**Not included in totals) 3,048 3,314 26,458 23,701 LYON OAKS Rounds Played - 9 Holes 783 685 8,135 7,060 Rounds Played - 18 Holes 2,945 2,449 19,340 17,403 Driving range 1,533 1,483 13,779 12,378 *Banquet Facilities 1,580 1,684 16,195 14,916 **Grill Room (**Not included in totals) 3,847 3,498 28,537 24,221 RED OAKS Rounds Played - 9 Holes 3,671 2,747 29,445 27,265 SPRINGFIELD OAKS Rounds Played - 9 Holes 2,280 2,460 25,529 25,793 Rounds Played - 18 Holes 2,678 2,491 17,680 17,785 **Grill Room (**Not included in totals) 2,771 2,550 25,198 24,674 WHITE LAKE OAKS Rounds Played - 9 Holes 3,630 3,971 25,581 33,287 Rounds Played - 18 Holes 1,596 1,416 9,068 9,270 *Banquet Facilities 0 1,097 963 2,997 **Grill Room (**Not included in totals) 0 2,768 967 13,181 TOTAL ROUNDS PLAYED - 9 HOLES 14,765 13,375 128,723 129,264 TOTAL ROUNDS PLAYED -18 HOLES 9,205 7,946 58,019 55,802 TOTAL DRIVING RANGE 1,533 1,483 13,779 12,378 05-06 ACTIVITY REPORT.As, SEPT06 5-2 of 4 RECREATION, FACILITIES AND SPECIAL EVENTS * Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. FMI2,FY051 FMI2,FY061 FY2005 FY2006 MOBILE RECREATION Bleachers 8 10 49 44 Bouncers 3,755 6,470 50,520 60,275 Bus 1,845 1,575 24,300 23,445 Climbing Wall/Tower 1,300 1,700 10,300 10,400 Dunk Tank 1,398 2,097 21,143 15,378 Inline Skate Mobile/Hockey Mobile 167 0 7,588 4,509 Puppet 340 680 11,390 8,670 Show Mobile 29 39 191 211 Adventure Sport Mobile 0 40 6,870 1,200 Tents 17 33 198 211 Camps 0 0 900 562 Miscellaneous 0 0 0 0 WATERFORD OAKS BMX 277 1,378 9,406 6,178 WATERFORD OAKS COURT GAMES COMPLEX 786 165 1,800 1,050 WATERFORD OAKS FRIDGE 0 0 20,834 18,571 WATERFORD OAKS LOOKOUT LODGE 573 635 5,418 7,452 WATERFORD OAKS WATERPARK 4,382 353 85,649 53,911 RED OAKS WATERPARK 2,497 298 107,170 66,235 THERAPEUTIC EVENTS 446 205 7,367 6,309 SENIOR EVENTS 156 124 9,932 9,157 TOTAL MOBILE RECREATION VISITS 8,859 12,644 133,449 124,905 TOTAL FACILITIES AND SPECIAL EVENTS 9,117 3,158 247,576 168,863 05-06 ACTIVITY REPORT.As, SEPT06 5-3 of 4 NATURE INTERPRETIVE SERVICES PARTICIPANTS (MONTH) PARTICIPANTS (YTD) In-house events are counted in facility totals. FMIZFY05 FMI2,FY061 FY2005 FY2006 ENVIRONMENTAL PROGRAM - INDEPENDENCE OAKS Nature Center 2,109 1,700 31,226 30,739 Outreach Visits 56 32 9,425 7,886 **Trail Usage (**Not included in totals) 6,198 5,915 115,673 92,064 ENVIRONMENTAL PROGRAM - LYON OAKS Nature Center 313 302 3,711 4,122 Outreach Visits 0 38 2,700 1,676 **Trail Usage (**Not included in totals) 394 1,0261 3,904 5,944 TOTAL NATURE CENTERS 2,4221 2,0021 34,9371 34,861 TOTAL OUTREACH VISITS COMBINED TOTALS 56 70 PARTICIPANTS (MONTH) 12,125 9,562 PARTICIPANTS (YTD) FMI Z FY05 FM12, FY06 FY2005 FY2006 DAY USE PARKS 81,455 73,560 791,703 794,876 GOLF COURSES 25,503 22,804 200,521 197,444 RECREATION, FACILITIES AND SPECIAL EVENTS 17,976 15,802 381,025 293,768 NATURE INTERPRETIVE SERVICES 2,478 2,072 47,062 44,423 BANQUET FACILITIES 20,274 26,583 182,100 178,219 GRAND TOTALS 147,686 140,821 1,602,411 1,508,730 Therapeutic/Senior Event Breakdown TR: W/C B'ball - 20; W/C B'ball jr-45; Sportstacular-140 SR: Tenis-52; Fall Color Tour-72 10/6/04 Note: Deleted Grill Room numbers from Combined Totals. 05-06 ACTIVITY REPORT.xls, SEPT06 5-4 of 4 ITEM # 6 RECREATION MASTER PLAN 2007 UPDATE Staff has worked with Carlisle Wortman and Associates to produce a Recreation Master Plan update for 2007. A draft copy has been provided for Commission review and comment. Representatives from Carlisle Wortman will make a brief presentation at the commission meeting to note the master plan process and to request Commission input. Comments can be directed to Joe Figa by December 5. Staff recommends the Commission approve the document, pending changes received by December 5, for the mandatory 30-day public review and comment. Staff will present the final draft of the Recreation Master Plan for Commission approval at the February 7, 2007 meeting. 6-1 ITEM #7 PROPOSED OAKLAND COUNTY PARKS AND RECREATION COMMISSION 2007 MASTER CALENDAR DAY WEDNESDAY TUES THRU FRI MON. THRU TUES. WEDNESDAY SAT. THRU WED WEDNESDAY FRIDAY WEDNESDAY WEDNESDAY TUES. THRU SAT WEDNESDAY WEDNESDAY FRI THRU TUES WEDNESDAY MON. THRU TUES. THURSDAY WEDNESDAY TUES. THRU SAT. WEDNESDAY WEDNESDAY WEDNESDAY DATE JANUARY 3 FEBRUARY 6-9 FEBRUARY 12-13 FEBRUARY 14 MARCH 3-7 MARCH 7 MARCH 30 APRIL 4 MAY 2 JUNE 5-8 JUNE 13 JULY 18 JULY 13-17 AUGUST 1 AUGUST 13-14 AUGUST 16 SEPT. 5 SEPT. 25-29 OCTOBER3 NOVEMBER7 DECEMBER5 FUNCTION REGULAR COMMISSION MTG — OFFICER ELECTION MRPA WINTER CONFERENCE — GRAND RAPIDS MAC CONFERENCE, LANSING REGULAR COMMISSION MTG NACo LEGISLATIVE CONFERENCE, WASHINGTON, DC REGULAR COMMISSION MEETING — GLEN OAKS EMPLOYEE RECOGNITION LUNCH — WATERFORD OAKS LOOKOUT LODGE REGULAR COMMISSION MEETING REGULAR COMMISSION MEETING SPECIAL PARK DISTRICTS FORUM, COLUMBUS, OH REGULAR COMMISSION MTG — LYON OAKS COMMISSION MEETING & BUDGET WORK SESSION NACo ANNUAL CONFERENCE, RICHMOND, VA REGULAR COMMISSION MEETING MAC ANNUAL SUMMER CONF., GRAND RAPIDS COMMISSION PARKS TOUR REGULAR COMMISSION MEETING —Adopt Budget NRPA CONGRESS, INDIANAPOLIS, IN REGULAR COMMISSION MTG — SPRINGFIELD OAKS REGULAR COMMISSION MEETING REGULAR COMMISSION MEETING (Revisions are noted in bold face and italics.) November 22, 2006 MASTER CALENDAR 2007.doc 7-1 ITEM #8 OAK MANAGEMENT LEASE RATIFICATION In May, 2006, Oakland County Board of Commissioners Chairperson Bill Bullard established a work study committee to review the current relationship and contract between the Oakland County Parks and Recreation Commission and Oak Management. The members of the study committee are County Commissioners Jeff Potter (Chair), Dave Coulter, Chris Long, and Bill Bullard; Oak Management representatives Ted Fuller, Janet Lekas, and Nick Lekas; and Parks staff members Dan Stencil and Frank Trionfi. The committee met three times, most recently on November 9. Oakland County Corporation Counsel Judy Cunningham prepared a draft resolution, which has now been finalized for Commission consideration, for ratification as a lease and to affirm the current lease through 2015. The terms of the lease, plus the expiration date, are the same as the current contract, except for a modification for insurance coverages. The resolution, if approved by the Parks Commission, will be forwarded to the Oakland County Board of Commissioners Planning and Building Committee on December 5, Finance Committee on December 7, and the full board on December 14 for final approval. OAK MANAGEMENT CORPORATION LEASE RATIFICATION RESOLUTION WHEREAS, in February, 2005, the Oakland County Parks and Recreation Commission (Commission) requested the County's Department of Corporation Counsel review a proposed 11t" Amendment to a Concession Agreement originally entered into between the Commission and Oak Management in April, 1974; and WHEREAS, the 1974 Agreement and the subsequent Amendments to it provide that Oak Management operate the food and/or alcohol concessions at the following county parks: Addison Oaks Concession Stand Addison Oaks Conference Center Glen Oaks Golf Clubhouse Groveland Oaks Concession Stand Independence Oaks Concession Stands Lyon Oaks Golf Course Red Oaks Waterpark Springfield Oaks Golf Clubhouse Springfield Oaks Youth Activities Center Waterford Oaks Activities Center Waterford Oaks Wave Pool Concession Stand White Lake Oaks Golf Clubhouse WHEREAS, this Agreement and subsequent Amendments also give Oak Management "the exclusive right in all facilities subject to this agreement to operate restaurant facilities.": and WHEREAS, upon reviewing the proposed 11th Amendment, the original Agreement and the ten Amendments to it (with various dates occurring between 1974 and 2005), Counsel identified some critical issues, primarily that the Agreement (i.e., the 1974 Agreement) and the subsequent ten Amendments constituted a Lease of County property; and WHEREAS, this Lease, which heretofore was referred to as a "Concession Agreement," was never approved by the Oakland County Board of Commissioners (Board) as it should have been pursuant to MCL 46.11(d), currently MCL 46.11(c); and WHEREAS, Corporation Counsel and Parks and Recreation staff attempted to resolve the issues raised by Corporation Counsel; ultimately the Commission staff withdrew its request for Counsel's review of the 11th Amendment; and WHEREAS, in May, 2006, the County Executive advised the Oakland County Board of Commissioners by way of a letter detailing the above -stated history, outlining the issues and offering recommendations for going forward; and 8-2 WHEREAS, the interested parties recognize that for 32 years the business relationship between Oak Management and the Oakland County Parks and Recreation Commission has been mutually beneficial for all parties, as well as for the citizens of Oakland County who have availed themselves of Parks and Recreation facilities and the enhancements by which Oak Management has refined them; and WHEREAS, Oak Management has expended more than $2.1 million to enhance County facilities, including but not limited to, the following: building and leasehold improvements, as well as furniture and fixtures at Addison Oaks, Glen Oaks, Lyon Oaks, and White Lake Oaks; new furniture and fixtures at Groveland Oaks, Springfield Oaks, Red Oaks, Addison Oaks, and Independence Oaks; and WHEREAS, the Board of Commissioners is mindful and appreciative of the long- standing relationship between the parties and has determined to waive the County's customary competitive bidding processes, thereby maintaining the continuity of quality services provided by Oak Management; and WHEREAS, the County Executive, the Board of Commissioners, the Parks and Recreation Commission, and Oak Management are unified in a concerted desire to properly designate the relationship between the parties with the appropriate legal documents, statutory procedures, and County policies. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission requests this Lease be forwarded to the Planning and Building, and Finance Committees for final referral to the Board of Commissioners. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission requests the Oakland County Board of Commissioners ratify the business relationship between Oak Management and Oakland County Parks and Recreation originally entered into in April, 1974, as a Lease of County property. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission requests the Board of Commissioners hereby acknowledge the Lease between the Parks and Recreation Commission and Oak Management through December 31, 2015. BE IT FURTHER RESOLVED that this Board hereby acknowledges and approves the Lease as set forth in the attached documents. Moved by Seconded by Date: November 29, 2006 8-3 From:COPORATION COUNCIL 248 858 1003 11/22/2006 09:2,11 #101 P.001/002 MISCELLANEOUS RESOLUTION #06_ Date BY: PLANNING AND BUILDING COMMITTEE, CHUCK PALMER, CHAIRPERSON IN RE: PARKS AND RECREATION COMMISSION — LEASE WITH OAK MANAGEMENT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS in February, 2005, the Oakland County Parks and Recreation Commission (Commission) requested that the County's Department of Corporation Counsel review a proposed 11 th Amendment to a Concession Agreement originally entered into between the Commission and Oak Management in April, 1974; and WHEREAS the 1974 Agreement and the subsequent Amendments to ii provide that Oak Management operate the food and/or alcohol concessions at the following County parks: White Lake -Oaks Golf Clubhouse Addison -Oaks Conference Center Addison -Oaks Concession Stand Springfield -Oaks Golf Clubhouse Springfield -Oaks Youth Activities Center Independence -Oaks Concession Stands Waterford -Oaks Activities Center Waterford -Oaks Wave Pool Concession Stand Groveland-Oaks Concession Stand Glen Oaks Golf Clubhouse; Red Oaks Water Park; Lyon Oaks Golf Course; and WHEREAS this. Agreement and subsequent Amendments also give Oar Management "the exclusive right in all facilities subject to this agreement to opf;rate restaurant facilities."; and WHEREAS upon reviewing the proposed 11th Amendment, the original Agreement and the 10 Amendments to it (with various dates occurring between 1974 and 2005), Counsel identified some critical issues, primarily that the Agreement (i.e., the 1974 Agreement) and the subsequent 10 Amendments constituted a Lease of :,ounty property; and WHEREAS this Lease, which heretofore was referred to as a "Concess on Agreement," was never approved by the Oakland County Board of Commissioners (Board) as it should have been pursuant to MCL 46.11(d), currently MCL 46.11(c); and WHEREAS Corporation Counsel and Parks and Recreation Commission staff attempted to resolve the issues raised by Corporation Counsel; ultimately the Commission staff withdrew its request for Counsel's review of the 11 th Amendment; and 8-4 From:COPORATION COUNCIL 248 858 1003 11/22/2006 09:21) #101 P.002/002 WHEREAS in May, 2006, the County Executive advised the Oakland County Board of Commissioners by way of a letter detailing the above -stated history, outlining the issues, and offering recommendations for going forward; and WHEREAS the interested parties recognize that for 32 years the businoss relationship between Oak Management and the Oakland County Parks and Recreation Commission has been mutually beneficial for all parties as well as for the citize ns of Oakland County who have availed themselves of Parks and Recreation facilities and the enhancements by which Oak Management has refined them; and WHEREAS Oak Management has expended more than $2.1million to enhance County facilities, including but not limited to, the following: building and leasehold improvements, as well as furniture and fixtures at Addison Oaks, Glen Oaks, Lyon Oaks, and White Lake Oaks; new furniture and fixtures at Groveland Oaks, Springfield Oaks, Red Oaks, Addison Oaks, and Independence Oaks; and WHEREAS the Board of Commissioners is mindful and appreciative of the long- standing relationship between the parties and has determined to waive the County's customary competitive bidding processes, thereby maintaining the continuity o. quality services provided by Oak Management; and WHEREAS the County Executive, the Board of Commissioners, the Parks and Recreation Commission, and Oak Management are unified in a concerted desire to properly designate the relationship between the parties with the appropriate legal documents, statutory procedures, and County policies. NOW THEREFORE BE IT RESOLVED that by this Resolution, upon tha request of the Parks and Recreation Commission, this Board of Commissioners hereby ratifies the business relationship between Oak Management and Oakland County Parks and Recreation originally entered into in April, 1974, as a Lease of County property BE IT FURTHER RESOLVED that by this Resolution, and upon the request of the Parks and Recreation Commission, this Board of Commissioners hereby acknowledges the Lease between the Parks and Recreation Commission and ,Dak Management through December 31, 2015. BE IT FURTHER RESOLVED that this Board hereby acknowledges anti approves the Lease as set forth in the attached documents, BE IT FURTHER RESOLVED that this matter is referred to the Finance Committee pursuant to Board Rule IX, Section E. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing Resolution. \2005-0700-01\Miscellaneous Resoldon.doo PLANNING AND BUILDING COMMITTEE: 8-5 LEASE AGREEMENT RFTWFFN OAKLAND COUNTY, MICHIGAN AND E. A. FULLER OAK MANAGEMENT CORPORATION This Lease Agreement entered into between the COUNTY OF OAKLAND (hereinafter LESSOR), a Michigan Municipal and Constitutional Corporation, whose address is 1200 N. Telegraph Rd, Pontiac, Michigan, 48341,on behalf of the OAKLAND COUNTY PARKS & RECREATION COMMISSION (hereinafter PARKS), a statutory agency of the County of Oakland, and E.A. Fuller Oak Management Corporation (hereinafter LESSEE) as successor in interest to THE OAKS CORPORATION formerly known as LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC., whose address is 1480 W. Romeo Road, Leonard, Michigan, 48367, is made in order to ratify a certain lease agreement (originally entitled Concession Agreement) entered into between LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC. and PARKS on April 25, 1974 (as revised on June 20, 1979 and amended 10 times, the last amendment being dated April 4, 1999). Now therefore, in consideration of the percentages of gross profits to be paid to PARKS by LESSEE, and the covenants to be performed by the LESSEE and PARKS, the LESSOR leases to LESSEE and the LESSEE rents from the LESSOR the premises as enumerated in the April 25, 1974 Agreement (as amended) upon the following terms and conditions: 1. PREVIOUS AGREEMENTS. The terms and conditions of the original Agreement dated April 25, 1974 as revised on June 20, 1979, and the subsequent ten amendments are incorporated herein by reference and adopted as part of this Agreement (See Attachment 1). 2. INSURANCE. The Insurance provisions of the original Agreement dated April 25, 1974, as revised on June 20, 1979, (Section 3.7 as amended) will be superseded by this paragraph and the following insurance requirements shall be met by LESSEE: Indemnification 1. The Operator does hereby covenant and agree to indemnify, defend and save harmless the County from all fines, suits, claims, demands and actions of any kind and nature by reason of any and all of its negligence in conducting operations and does hereby agree to assume all risks in the operation of its business hereunder and shall be solely responsible and answerable in damages for any and all accidents or injuries to persons or property caused by the negligence of Operator, its employees and agents. The indemnification rights contained in this Contract are in excess and over and above any valid and collectible insurance rights/policies carried by the Operator. 2. Operator shall have no rights against the County for any indemnification (e.g., contractual, equitable, or by implication), contribution, subrogation, and/or any other right to be reimbursed by the County except as expressly provided herein. 3. Operator waives and releases all actions, liabilities, loss and damage including any subrogated rights it may have against the County based upon any Claim brought against the County including any Claim brought against the County by an Employee of the Operator. Operator Provided Casualty Insurance: Operator shall, at its own expense, procure and maintain insurance coverage in the minimum amounts and specifications indicated through the term of this agreement. a. Commercial General Liabilitv — Occurrence Form Basis: $3,000,000 - General Aggregate Limit other than Products/Completed Operations $3,000,000 — Products/Completed Operations Aggregate Limit $3,000,000 — Personal & Advertising Injury Limit $3,000,000 — Each Occurrence Limit $1,000,000 - Fire Damage Limit (Any One Fire) 2 The insurance policy shall contain the following coverage: Products/Completed Operations Coverage — On and Off Premises Coverage Broad Form Property Damage Premises/Operations Libel and Slander Independent Contractors (Blanket) Broad form Contractual Personal Injury - delete contractual exclusion "A" b. Workers' Compensation: Coverage A, with limits statutorily required by any applicable Federal or State law and Employers Liability Insurance, and Coverage B, with minimum limit of $1,000,000 each accident, disease each employee, and disease policy limit. c. Automobile Liability: Insurance (including Michigan No -Fault) with minimum limits of $1,000,000.00 Combined Single Limit Automobile Liability per occurrence including hired and leased vehicles, and owned and non -owned vehicles. d. Liquor Liability (On and Off Premises): $1,000,000 per occurrence and $2,000,000 aggregate. General Provisions: All Certificates of Insurance and policies of the Operator, any outside vendor, or contractor shall be endorsed to provide the following clauses and/or endorsements: 1. "The insurance company(s) issuing the policy or policies shall have no recourse against the County of Oakland for payment of any premiums or for assessments under any form of policy". 2. Any and all deductibles in the above -described insurance policies shall be assumed by and be or the amount of, and at sole risk of, the Operator. 3. All Certificates are to provide sixty (60) day written notice of material change, cancellation, or non -renewal. Certificates of Insurance and insurance binders 3 must be provided no less than ten (10) working days before commencement of work to the Oakland County Purchasing Division. 4. All insurance policies shall be endorsed to name "The County of Oakland, County Agents (as defined in this Contract), employees, volunteers and elected and appointed officials of Oakland County as Additional Insured. 5. All insurance policies shall be issued by companies licensed or approved to do business within the State of Michigan and carry a minimum A.M. Best rating of P. 6. All policies of insurance shall be on a primary, non-contributory basis with any other insurance and/or self-insurance carried by the County. 3. PROPERTY DAMAGE. The following language will be deleted from the original Agreement dated April 25, 1974, as revised on June 20, 1979, (Section 3.5 as amended): The County and Operator agree that each forfeits any right of action that it may later acquire against the other of the parties to the Agreement for loss or damage to its property or to property in which it may have an interest, where such loss is caused by fire or any of the extended coverage hazards and arises out of or is connected with the use of the premises as provided in this Agreement. 4. TERM of LEASE. The term of this lease is for the period set forth in Paragraph A. of the Eighth Amendment dated July 6, 1994, and Paragraph A. of the Tenth Amendment dated April 4, 1999, both as reproduced below: Eighth Amendment: A. Paragraph 1.3 of the concession Agreement is amended to include the following paragraph: "Providing Operator shall not be in default under the terms and conditions of this Agreement, it shall have the right at its option to extend the term of this Agreement for an additional five (5) year period, to commence on January 1, 2004 and to expire December 31, 2008. The percentages of the contract years under said extension are to be renegotiated for the five- rd year period of 2004-2008. The negotiations shall be completed within the first ninety (90) days of the new five-year period or the Agreement becomes null and void." Tenth Amendment: A. Paragraph 1.3 of the Concession Agreement is amended to include the following paragraph: "Providing Operator shall not be in default under the terms and conditions of this Agreement, it shall have the right at its option to extend the term of this Agreement for an additional seven (7) year period, to commence on January 1, 2009 and to expire December 31, 2015: The percentages of the contract years under said extension are to be renegotiated for the seven-year period of 2009-2015. The negotiations shall be completed within the first ninety (90) days of the new seven-year period or the Agreement becomes null and void." 5. LEASED PREMISES and RENT. The leased premises and the rent for the leased premises is set forth in " Paragraph B." of the Tenth Amendment dated April 4, 1999, as reproduced below: B. Paragraph 4.2 of the Concession Agreement is hereby modified to substitute the following therefore in its entirety: 4.2 Payments by Operator Operator, in consideration of this Agreement, hereby covenants and agrees to pay to the County the following sums, to -wit: White Lake Oaks Operator shall pay rental of ten percent (10%) of total annual gross sales and twenty-five percent (25%) of utility costs. Addison Oaks Conference Center Operator shall pay rental of eight percent (8%) of total annual gross sales and twenty-five percent (25%) of utility costs. Springfield Oaks Golf Clubhouse Operator shall pay as rental ten percent (10%) of the total annual gross sales or one hundred percent (100%) of utility costs, whichever is greater. Springfield Oaks Activities Center Operator shall pay as rental ten percent (10%) of the total annual gross sales. Addison Oaks Concession Stand Operator shall pay as rental twelve percent (12%) of the total annual gross sales. Waterford Oaks Activity Center Operator shall pay as rental ten percent (10%) of the total annual gross sales. Red Oaks Wave Pool Concession Stand Operator shall pay as rental eleven percent (11 %) of the total annual gross sales and one hundred percent (100%) of utility costs. Waterford Oaks Wave Pool Concession Stand Operator shall pay as rental eleven percent (11 %) of the total annual gross sales and one hundred percent (100%) of the utility costs. Groveland Oaks Concession Stand Operator shall pay as rental twelve percent (12%) of the total annual gross sales. Independence Oaks Concession Stand Operator shall pay as rental twelve percent (12%) of the total annual gross sales. Glen Oaks Golf Clubhouse Operator shall pay as rental thirteen and one-half percent (13.5%) of the total annual gross sales on the banquet facility, twelve percent (12%) of the total annual gross sales on the grill room facility and fifty percent (50%) of the utility costs. Lyon Oaks Golf Clubhouse After completion of the clubhouse banquet facility, Operator shall pay as rental three percent (3%) of the total annual gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales over $500,000 on the banquet facility and grill room and twenty-five percent (25%) of the utility costs through December 31, 2000; three percent (3%) of the total annual gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales over $500,000 on the banquet facility and grill room and twenty-five percent (25%) of the utility costs through December 31, 2001; nine percent (9%) of the total annual gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales over $500,000 on the banquet facility and grill room and twenty-five percent (25%) of the utility costs through December 31, 2002; twelve percent (12%) of the total annual gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales over $500,000 on the banquet facility and grill room and twenty-five percent (25%) of the utility costs through December 31, 2003. The term gross sales shall include the gross amount of all sales of every kind and description made in, upon or resulting from the conduct of the business of Operator upon the various recreational facilities covered by this Agreement, but after deduction there from refunds made in the normal course of business and amounts paid for sales tax. Net proceeds from vending machines shall be included in gross sales. All percentage payments provided hereunder shall be payable quarterly, not later than the thirtieth (30th) day following the end of the first three (3) months of operation and the end of each three (3) month period thereafter, and shall be based upon reports furnished by Operator to the County with such payments. Operator shall furnish to the County within sixty (60) days after the closing of each calendar year a report certified to by an officer of Operator, showing Operator's gross receipts during the preceding calendar year, the amount of any accumulated prior deficiency in percentage payments, and the net percentage payment, if 7 any, owing hereunder for such period, provided that, if at the end of any quarter it be determined that Operator has paid for said year to date a greater sum than would have been payable under the provisions hereof for such excess payment. 6. RENT FOR LYON OAKS AFTER DECEMBER 31, 2003. The rent for Lyon Oaks through December 31, 2008 will be twelve percent (12%) of the total annual gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales over $500,000 and twenty-five percent (25%) of the utility costs. 7. ENTIRE AGREEMENT. This Lease Agreement and the terms and conditions of the original Agreement dated April 25, 1974 as revised on June 20, 1979, and the subsequent ten amendments incorporated herein by reference and adopted as part of this Agreement (See Attachment 1) constitute and represent the entire agreement and understanding between the parties, including Parks, and supersedes any and all other prior oral or written understandings, communications, agreements or Contracts between the Parties, including Parks, not incorporated by reference as part of this Lease Agreement. The language of this Contract shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. 8. AUTHORITY TO SIGN. The individual(s) signing this Lease Agreement on behalf of LESSEE certifies that he or she has authority to enter into this LEASE Agreement as evidenced by LESSEE'S attached Corporate Resolution dated (Attachment 2). IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of this day of 2006, and by such execution have ratified the previous Agreements and Amendments between PARKS and LESSEE as contained in Attachment 1. WITNESSED BY: LESSOR: County of Oakland a Michigan Municipal and Constitutional Corporation By: Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners E LESSEE: E.A. Fuller Oak Management Corporation By: Edward A. Fuller President and Secretary By: Daniel J. Shaw Vice President LEASE AGREEMENT BETWEEN OAKLAND COUNTY, MICHIGAN AND E. A. FULLER OAK MANAGEMENT CORPORATION This Lease Agreement entered into between the COUNTY OF OAKLAND (hereinafter LESSOR), a Michigan Municipal and Constitutional Corporation, whose address is 1200 N. Telegraph Rd, Pontiac, Michigan, 48341,on behalf of the OAKLAND COUNTY PARKS & RECREATION COMMISSION (hereinafter PARKS), a statutory agency of the County of Oakland, and E.A. Fuller Oak Management Corporation (hereinafter LESSEE) as successor in interest to THE OAKS CORPORATION formerly known as LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC., whose address is 1480 W. Romeo Road, Leonard, Michigan, 48367, is made in order to ratify a certain lease agreement (originally entitled Concession Agreement) entered into between LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC. and PARKS on April 25, 1974 (as revised on June 20, 1979 and amended 10 times, the last amendment being dated April 4, 1999). Now therefore, in consideration of the percentages of gross profits to be paid to PARKS by LESSEE, and the covenants to be performed by the LESSEE and PARKS, the LESSOR leases to LESSEE and the LESSEE rents from the LESSOR the premises as enumerated in the April 25, 1974 Agreement (as amended) upon the following terms and conditions: 1. PREVIOUS AGREEMENTS. The terms and conditions of the original Agreement dated April 25, 1974 as revised on June 20, 1979, and the subsequent ten amendments are incorporated herein by reference and adopted as part of this Agreement (See Attachment 1). 2. INSURANCE. The Insurance provisions of the original Agreement dated April 25, 1974, as revised on June 20, 1979, (Section 3.7 as amended) will be superseded by this paragraph and the following insurance requirements shall be met by LESSEE: Indemnification 1. The Operator does hereby covenant and agree to indemnify, defend and save harmless the County from all fines, suits, claims, demands and actions of any kind and nature by reason of any and all of its negligence in conducting operations and does hereby agree to assume all risks in the operation of its business hereunder and shall be solely responsible and answerable in damages for any and all accidents or injuries to persons or property caused by the negligence of Operator, its employees and agents. The indemnification rights contained in this Contract are in excess and over and above any valid and collectible insurance rights/policies carried by the Operator. 2. Operator shall have no rights against the County for any indemnification (e.g., contractual, equitable, or by implication), contribution, subrogation, and/or any other right to be reimbursed by the County except as expressly provided herein. 3. Operator waives and releases all actions, liabilities, loss and damage including any subrogated rights it may have against the County based upon any Claim brought against the County including any Claim brought against the County by an Employee of the Operator. Operator Provided Casualty Insurance: Operator shall, at its own expense, procure and maintain insurance coverage in the minimum amounts and specifications indicated through the term of this agreement. a. Commercial General Liability — Occurrence Form Basis: $3,000,000 - General Aggregate Limit other than Products/Completed Operations $3,000,000 — Products/Completed Operations Aggregate Limit $3,000,000 — Personal & Advertising Injury Limit $3,000,000 — Each Occurrence Limit $1,000,000 - Fire Damage Limit (Any One Fire) 2 The insurance policy shall contain the following coverage: Products/Completed Operations Coverage — On and Off Premises Coverage Broad Form Property Damage Premises/Operations Libel and Slander Independent Contractors (Blanket) Broad form Contractual Personal Injury - delete contractual exclusion "A" b. Workers' Compensation: Coverage A, with limits statutorily required by any applicable Federal or State law and Employers Liability Insurance, and Coverage B, with minimum limit of $1,000,000 each accident, disease each employee, and disease policy limit. c. Automobile Liability: Insurance (including Michigan No -Fault) with minimum limits of $1,000,000.00 Combined Single Limit Automobile Liability per occurrence including hired and leased vehicles, and owned and non -owned vehicles. d. Liquor Liability (On and Off Premises): $1,000,000 per occurrence and $2,000,000 aggregate. General Provisions: All Certificates of Insurance and policies of the Operator, any outside vendor, or contractor shall be endorsed to provide the following clauses and/or endorsements: 1. "The insurance company(s) issuing the policy or policies shall have no recourse against the County of Oakland for payment of any premiums or for assessments under any form of policy". 2. Any and all deductibles in the above -described insurance policies shall be assumed by and be or the amount of, and at sole risk of, the Operator. 3. All Certificates are to provide sixty (60) day written notice of material change, cancellation, or non -renewal. Certificates of Insurance and insurance binders 3 must be provided no less than ten (10) working days before commencement of work to the Oakland County Purchasing Division. 4. All insurance policies shall be endorsed to name "The County of Oakland, County Agents (as defined in this Contract), employees, volunteers and elected and appointed officials of Oakland County as Additional Insured. 5. All insurance policies shall be issued by companies licensed or approved to do business within the State of Michigan and carry a minimum A.M. Best rating of A6. 6. All policies of insurance shall be on a primary, non-contributory basis with any other insurance and/or self-insurance carried by the County. 3. PROPERTY DAMAGE. The following language will be deleted from the original Agreement dated April 25, 1974, as revised on June 20, 1979, (Section 3.5 as amended): The County and Operator agree that each forfeits any right of action that it may later acquire against the other of the parties to the Agreement for loss or damage to its property or to property in which it may have an interest, where such loss is caused by fire or any of the extended coverage hazards and arises out of or is connected with the use of the premises as provided in this Agreement. 4. TERM of LEASE. The term of this lease is for the period set forth in Paragraph A. of the Tenth Amendment dated April 4, 1999, as reproduced below: A. Paragraph 1.3 of the Concession Agreement is amended to include the following paragraph: "Providing Operator shall not be in default under the terms and conditions of this Agreement, it shall have the right at its option to extend the term of this Agreement for an additional seven (7) year period, to commence on January 1, 2009 and to expire December 31, 2015: The percentages of the contract years under said extension are to be renegotiated for the seven-year period of 2009-2015. The negotiations shall be completed within the first ninety (90) days of the new seven-year period or the Agreement becomes null and void." S 5. LEASED PREMISES and RENT. The leased premises and the rent for the leased premises is set forth in " Paragraph B." of the Tenth Amendment dated April 4, 1999, as reproduced below: B. Paragraph 4.2 of the Concession Agreement is hereby modified to substitute the following therefore in its entirety: 4.2 Payments by Operator Operator, in consideration of this Agreement, hereby covenants and agrees to pay to the County the following sums, to -wit: White Lake Oaks Operator shall pay rental of ten percent (10%) of total annual gross sales and twenty-five percent (25%) of utility costs. Addison Oaks Conference Center Operator shall pay rental of eight percent (8%) of total annual gross sales and twenty-five percent (25%) of utility costs. Springfield Oaks Golf Clubhouse Operator shall pay as rental ten percent (10%) of the total annual gross sales or one hundred percent (100%) of utility costs, whichever is greater. Springfield Oaks Activities Center Operator shall pay as rental ten percent (10%) of the total annual gross sales. Addison Oaks Concession Stand Operator shall pay as rental twelve percent (12%) of the total annual gross sales. Waterford Oaks Activity Center Operator shall pay as rental ten percent (10%) of the total annual gross sales. Red Oaks Wave Pool Concession Stand Operator shall pay as rental eleven percent (11 %) of the total annual gross sales and one hundred percent (100%) of utility costs. Waterford Oaks Wave Pool Concession Stand 5 Operator shall pay as rental eleven percent (11 %) of the total annual gross sales and one hundred percent (100%) of the utility costs. Groveland Oaks Concession Stand Operator shall pay as rental twelve percent (12%) of the total annual gross sales. Independence Oaks Concession Stand Operator shall pay as rental twelve percent (12%) of the total annual gross sales. Glen Oaks Golf Clubhouse Operator shall pay as rental thirteen and one-half percent (13.5%) of the total annual gross sales on the banquet facility, twelve percent (12%) of the total annual gross sales on the grill room facility and fifty percent (50%) of the utility costs. Lyon Oaks Golf Clubhouse After completion of the clubhouse banquet facility, Operator shall pay as rental three percent (3%) of the total annual gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales over $500,000 on the banquet facility and grill room and twenty-five percent (25%) of the utility costs through December 31, 2000; three percent (3%) of the total annual gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales over $500,000 on the banquet facility and grill room and twenty-five percent (25%) of the utility costs through December 31, 2001; nine percent (9%) of the total annual gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales over $500,000 on the banquet facility and grill room and twenty-five percent (25%) of the utility costs through December 31, 2002; twelve percent (12%) of the total annual gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales over $500,000 on the banquet facility and grill room and twenty-five percent (25%) of the utility costs through December 31, 2003. 0 The term gross sales shall include the gross amount of all sales of every kind and description made in, upon or resulting from the conduct of the business of Operator upon the various recreational facilities covered by this Agreement, but after deduction there from refunds made in the normal course of business and amounts paid for sales tax. Net proceeds from vending machines shall be included in gross sales. All percentage payments provided hereunder shall be payable quarterly, not later than the thirtieth (30th) day following the end of the first three (3) months of operation and the end of each three (3) month period thereafter, and shall be based upon reports furnished by Operator to the County with such payments. Operator shall furnish to the County within sixty (60) days after the closing of each calendar year a report certified to by an officer of Operator, showing Operator's gross receipts during the preceding calendar year, the amount of any accumulated prior deficiency in percentage payments, and the net percentage payment, if any, owing hereunder for such period, provided that, if at the end of any quarter it be determined that Operator has paid for said year to date a greater sum than would have been payable under the provisions hereof for such excess payment. 6. RENT FOR LYON OAKS AFTER DECEMBER 31, 2003. The rent for Lyon Oaks through December 31, 2008 will be twelve percent (12%) of the total annual gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales over $500,000 and twenty-five percent (25%) of the utility costs. 7. ENTIRE AGREEMENT. This Lease Agreement and the terms and conditions of the original Agreement dated April 25, 1974 as revised on June 20, 1979, and the subsequent ten amendments incorporated herein by reference and adopted as part of this Agreement (See Attachment 1) constitute and represent the entire agreement and understanding between the parties, including Parks, and supersedes any and all other prior oral or written understandings, communications, agreements or Contracts between the Parties, including Parks, not incorporated by reference as part of this 7 Lease Agreement. The language of this Contract shall be construed as a whole according to its fair meaning, and not construed strictly for or against any Party. 8. AUTHORITY TO SIGN. The individual(s) signing this Lease Agreement on behalf of LESSEE certifies that he or she has authority to enter into this LEASE Agreement as evidenced by LESSEE'S attached Corporate Resolution dated (Attachment 2). IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of this day of 2006, and by such execution have ratified the previous Agreements and Amendments between PARKS and LESSEE as contained in Attachment 1. WITNESSED BY: LESSOR: County of Oakland a Michigan Municipal and Constitutional Corporation By: Bill Bullard, Jr., Chairperson Oakland County Board of Commissioners LESSEE: E.A. Fuller Oak Management Corporation By: Edward A. Fuller President and Secretary By: Daniel J. Shaw Vice President N. ATTACHMENT 1 CONCESSION AGREEMENT THIS CONCESSION AGREEMENT, made and entered into on the day of April, 1974, by and between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter referred to as the "County" and LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC., a Michigan Corporation, Oakland County, Michigan, hereinafter referred to as "Operator", ment: WITNESSETH; The following is a recitation of facts underlying this Agree- A. The County owns and operates seven (7) recreational facil- ities referred to in this Agreement for purposes of convenience as follows: WHITE LAKE -OAKS GOLF CLUB HOUSE, ADDISON-OAKS CONFERENCE CENTER, ADDISON-OAKS CONCESSION STAND, SPRINGFIELD-OAKS GOLF CLUB HOUSE, SPRINGFIELD-OAKS YOUTH ACTIVITIES CENTER, WATERFORD-OAKS ACTIVITIES CENTER, GROVELAND-OAKS CONCESSION STAND. B. All of the foregoing recreational facilities have various food and beverage facilities designed to provide food and beverage services for the general public, patrons of the facilities and/or in certain instances, catering facilities. C. Operator represents itself to be capable of furnishing food and beverage of high quality and is desirous of obtaining ex- clusive rights to furnish food and beverage services at the aforesaid facilities. D. County is agreeable to granting to Operator exclusive rights to engage in the food and beverage business for profit at the recreational facilities referred to in this Agreement. E. The parties have reached an understanding and are desir- ous of reducing to writing their agreement. THEREFORE, in consideration of the mutual covenants herein contained, the County does hereby agree and let unto Operator and Operator does hereby hire and take from the County certain premises, facilities, rights, services and privileges in connection with the following County owned and operated recreational facilities, to -Wit: WHITE LAKE -OAKS GOLF CLUB HOUSE, ADDISON-OAKS CONFERENCE CENTER, ADDISON-OAKS CONCESSION STAND, SPRINGFIELD-OAKS GOLF CLUB HOUSE, SPRINGFIELD-OAKS YOUTH ACTIVITIES CENTER, WATERFORD-OAKS ACTIVITIES CENTER, GROVELAND-OAKS CONCESSION STAND, as hereinafter provided. PROVISIONS CONCERNING THE NATURE AND OPERATION OF THE CONCESSION 1.1 General Description of the Concession Operator shall have the exclusive right in all facilities subject to this Agreement to operat'e restaurant facilities servic- ing food and beverage, including alcoholic beverages and otherwise engaging in the food and restaurant business, including catering and sale of miscellaneous novelty items incident to the concession herein granted. - 2 - 1.2 Area of Concession Attached hereto in a Rider labeled ."Exhibit A", is a descrip- tion of each recreational facility subject to this Agreement, together with a particular description of the areas of such facility let to Operator in connection with this Agreement. 1.3 Term. Operator shall have full authority to use said premises and facilities and to exercise the rights, licenses and privileges set k forth herein for a term -commencing on the day of 1974 and terminating on the 31st day of December, 1978. Providing Operator shall not be in default under the terms and conditions of this Agreement it shall have the right at its option to extend the term of this Agreement for an additional five (5) year period on the same terms and conditions as are contained herein. OBLIGATIONS OF OPERATOR 2.1 Quality Operator shall serve and dispense quality foods and beverages with adequate portions. It shall furnish good, prompt and efficient service adequate to meet all the demands for its service at the facilities subject to this Agreement. Operator shall, at all times, comply with the Federal Pure Food and Drug Laws and other applicable laws and regulations of the United States, the State of Michigan, County of Oakland and the municipalities wherein the facilities are located, and all applic- able health rules and regulations. - 3 - Operator shall furnish said service on a fair, equal and nondiscriminatory basis to all users thereof. Operator will not on the grounds of race, sex, religion, or national origin discrimin- ate or permit discrimination against any person or group of persons. The selection of food and beverages offered for sale, and its . . quality and portion schedules will be subject to the reasonable approval by the County prior to the beginning of operations, and at any time thereafter. 2.2 Prices Foods and beverages offered for sale by Operator shall be sold at prices comparable to those maintained at other high quality restaurants in the Oakland County Area: Operator shall charge fair, reasonable and nondiscriminatory prices for each unit of sale or service, provided that Operator may be allowed to make reasonable and nondiscriminatory discounts, re- bates, and other similar types of price reduction to volume purchasers. 2.3 Service and Hours of Operation Operator's service shall be prompt, clean, courteous, efficient and sufficient in quantity. Operator shall at all times provide personnel sufficient to operate the facilities on a standard equal to that maintained by comparable restaurant operations at comparable locations. The specific hours of operation at each facility are des- ignated on the Rider attached hereto and labeled "Exhibit All. 2.4 Supervisor Operator shall at all times provide an active, qualified and competent supervisor at each facility who shall be authorized to represent and act for Operator in matters pertaining to the day to day operation of the facility. - 4 - 2.5 Employees of Operator All employees of Operator shall be clean, courteous, efficient and neat in appearance. Operator shall not employe any person or persons in or about any facility who shall use improper language or act in a loud or boisterous or otherwise improper manner. Upon written notification by the County to Operator that a person employed by Operator is, in the County's opinion, disorderly, unsanitary, or otherwise unsatisfactory, Operator shall, immediately, remedy the situation to the County's reasonable satisfaction, and failing that, the employee shall be removed from service at any of the facilities and shall not again be trained or employed by Operator at any facility without consent of the County. 2.6 Inspection Operator shall allow the County's authorized representatives access to the premises to be occupied by Operator under the terms of this Agreement at all reasonable hours, for the purpose of examining and inspecting said premises, for purposes necessary, incidental to or connected with the performance of its obligations hereunder, or in the exercise of its governmental functions. Operator agrees that the County's Director of Parks and Recreation, or his authorized agent, is authorized, at any time, to inspect Operator's operation for cleanliness, condition of equip- ment, quantity and quality of food, services and hours of operation. If not satisfactory, the Director of Parks and Recreation shall notify Operator, in writing, to correct any unsatisfactory conditions. Such written notice shall contain specific particulars so as to adequately advise Operator of the conditions deemed unsatisfactory and the reasons and grounds for such conclusion. Operator shall take immediate steps to correct any such unsatisfactory condition. If Operator is of the opinion that the action of the County's - 5 - Director of Parks and Recreation provided for herein is unwarranted, unreasonable or based upon erroneous facts or information Operator shall call the same to the attention of the Director and thereafter the parties shall use best efforts to resolve any dispute to their mutual satisfaction. 2.7 Access to Premises It is understood that generally Operator will occupy certain designated portions of the various facilities and the use in common with others of all access roads and common areas, including the parking lots. Should a question or dispute arise concerning the use of common areas the parties shall utilize their best efforts to resolve such dispute in such a fashion so as to carry out the intent and purposes of the Agreement while minimizing the incon- venience to others entitled to use of such common areas. 2.8 Sale of Liquor The parties understand and agree that the County presently has a Class C Liquor License issued by the State of Michigan per- mitting the sale of alcoholic beverages at White Lake -Oaks. The parties shall immediately make application to the Michigan Liquor Control Commission.to include Operator as an additional licensee on the existing Class C Liquor License. In the event the Michigan Liquor Control Commission refuses to add Operator as an additional licensee on said Class C Liquor License, the parties shall enter into a management contract acceptable to the Liquor Control Commission to the end that Operator may engage lawfully in the sale of liquor. - 6 - It is agreed between the parties hereto that Operator shall acquire no right,.title or interest in or to the said Class C Liquor License. It is further agreed by Operator that upon termination of the Agreement for any reason, Operator, its successors and assigns, shall reassign to the County, its interest in the Class C Liquor License, or to such party or parties as the County shall designate. It is further agreed by Operator that additional licenses to dispense liquor on the subject Oakland County properties shall operate in the same manner and on the same terms as the White Lake -Oaks Golf Club House Class C.Liquor License. DUTIES AND RESPONSIBILITIES OF THE PARTIES CONCERNING THE PREMISES 3.1 Decoration and Redecoration Operator agrees that it will adopt and use decorating schemes and motifs in harmony with the design and architectural treatment of the various facilities and will submit any proposed changes therein, to the Director of Parks and Recreation for approval prior to installation. Operator shall at its sole expense do any and all interior redecorating of those portions of the premises referred to in the Rider hereto and described as being under the exclusive custody and control of Operator. Such redecoration shall be undertaken in a manner approved by the County acting through the Director of Parks and Recreation, or his authorized agent. 3.2 Maintenance of Equipment Operator shall have the right to install or cause to be installed appropriate signs in and about the various facilities advertising their operations, provided that such signs shall be - 7 - in good taste and shall not materially detract from the aesthetics of the premises. All cost of such installation shall be borne by Operator. Operator shall have the right to incorporate as part of its advertising logo, the logo of Oakland County Parks and Recreation Commission (Oak Tree). County shall have the right to review of advertising materials and to reasonable rejection com- mensurate with this paragraph. 3.3 Maintenance of Equipment Operator agrees, at all times, to maintain and keep in good operating condition, at Operator's sole expense, all equipment furnished by the County. The County has represented that all restaurant equipment is in good operating order as of the date hereof. Any new equipment installed by Operator shall be done at Operator's sole cost and expense and shall be installed pursu- ant to all applicable building codes and health rules and regula- tions. All such additional equipment installed by Operator shall be of high quality, safe, modern in design and shall harmonize with the equipment furnished by the County to the extent that the same may be possible-' Operator shall supply the Director of Parks and Recreation with a'list of all equipment installed by it in the various• facilities, which lists shall describe such equipment with particularity. All property of every sort which may be installed by Operator as a replacement for property initially furnished by the County shall be and remain the property of the County, after its installation. All other property and trade fixtures shall remain the property of Operator with exception of those trade fix- tures which are installed in the premises in such fashion so as not to be readily. removable without substantially damaging the premises. - 8 - 3.4 Trash and Garbage Operator shall provide at its sole expense, suitable pro- cedures for the adequate sanitary handling and disposal of all trash, garbage and other refuse caused as a result of the operation of its business. Whenever possible, both the Operator and the County -shall coordinate their trash and rubbish disposal procedures so as to accomplish these functions in mutual advantageous way. 3.5 Damages to premises Operator shall be responsible for damage to the premises, including the breakage of glass, caused by the negligent acts of its agents, employees, patrons, or other persons under its direc- tion and control. If the premises occupied by Operator are partially damaged by fire, explosion, the elements, the public enemy, or other casualty, but not rendered untenantable, the same shall be repaired with due diligence by the County at its own cost and expense. If the damage shall be so extensive as to render such premises unten- antable, but capable of being repaired in thirty (30) days, the same shall be repaired wit.h due diligence by the County at its own cost and expense and the amounts payable herein shall be pro- portionately paid up to the time of such damage and thereafter cease until such time as the premises are fully restored. In the event the premises are completely destroyed by fire, explosion, the elements, the public enemy or other casualty, or so damaged that they will remain untenantable for more than thirty (30) days, the County shall be under no obligation to repair and reconstruct the premises, and amounts payable hereunder shall be proportionately paid up to the time of such damage or destruction and shall hence- forth cease until such time as the premises may be fully restored. - 9 - The County and Operator agree that each forfeits any right of action that it may later acquire against the other of the parties to the Agreement for loss or damage to its property or to property in which it may have an interest, where such loss is caused by fire or any of the extended coverage hazards and arises out of or is connected with the use of the premises as provided in this Agreement. 3.6 Fire and Extended Coverage Insurance Operator shall procure and keep in force fire and extended coverage insurance upon all improvements, business fixtures, equip- ment, furniture and furnishings to the full insurable value thereof and shall furnish the County with evidence that such coverage has been procured and is being maintained in full force and effect. Similar insurance coverage for the real property shall be furnished by the County. Such insurance shall be provided by companies li- censed to do business in the State of Michigan. 3.7 Indemnity Operator does hereby covenant and agree to indemnify and save harmless the County from all fines, suits, claims, demands and actions of any kind and nature by reason of any and all of its negligence in conducting operations and does hereby agree to assume all risks in the operation of its business hereunder and shall be solely responsible and answerable in damages for any and all accidents or injuries to persons or property caused by the negligence of Operator, its employees and agents. Operator shall maintain, with insurance underwriters satis- factory to and approved by the County, a standard form policy or policies of insurance in such amounts as may from time to time - 10 - be approved by the County protecting both Operator and the County against public liability, products liability, liquor liability and property damage. Operator shall promptly, after the execution of this Agreement, furnish such policy or policies for Personal Injury growing out of any one occurrence in the sum of $250,000.00 per person and $500,000.00 growing out of any one casualty and Property Damage of $250,000.00 per occurrence and $250,000.00 aggregate. Operator shall furnish a certificate from the insur- ance carrier or carriers showing such insurance to be in full force and effect during the term of this contract, or to deposit copies of the policies which give this coverage, with the County. If certificates are provided, a thirty (30) day notice of cancellation shall be given. 3.8 Redelivery Operator will make.no unlawful or offensive use of said premises and will at the expiration of the.term hereof .or upon any earlier termination thereof, as hereinafter provided, quit and deliver said premises to the County and those having their estate in the premises, peaceably, quietly, and in as good order and condition, reasonable use and wear thereof, fire and unavoid- able cause excepted, as the same now are or may hereafter be placed by Operator or the County. PAYMENT TERMS 4.1 Costs Borne by Operator Operator sha-11 bear at its own expense all costs of operating their business; including any and all taxes and assessments levied or assessed upon Operator's personal property located about the various premises. Operator shall pay for and obtain all permits and licenses required by authority of law in connection with the operation of its business. 4.2 Payments by Operator Operator, in consideration of this Agreement, hereby cov- enants and agrees to pay to the County the following sums, to -wit: White Lake -Oaks A. A minimum rental at the rate of $8,000.00 per annum payable in equal monthly installments in advance of the first day of each calendar month of the term here- of without any set off or deduction whatsoever, with the exception of theyear 1974, during which year the minimum rental shall be pro -rated and adjusted based upon the number of months this Agreement is in effect. B. In addition to such minimum rental Operator shall pay to the County percentage rentals based upon the follow- ing table: Thru December 31, 1974 -- 4% of gross sales in excess of $200, 000. 00; January 1, 1975 thru December 31, 1975 -- 5% of gross sates in excess of $160,000.00; January 1, 1976 thru December 31, 1976 -- 6% of gross sales in excess of $134,000.00; January 1, 1977 thru December 31, 1977 -- 6% of gross sales in excess of $134,000.00; January 1,1978 thru December 31, 1978 6% of gross saZes in excess of $134,000.00, Additional 5-year option shall be at 6% of total 1 gross sales. - 12. - C. In addition to the amounts provided for in Paragraph A and B hereof Operator shall pay to County a sum of money equal to 1% of its gross sales annually for utilities. Addison -Oaks Conference Center A. A minimum rental at the rate of $6,000.00 per annum payable in equal monthly installments in advance on the first day of each calendar month of the term hereof without any set off or deduction whatsoever; with the exception of the year 1974, during which year the minimum rental shall be pro -rated and adjusted based upon the number of months this Agreement is in effect. B. In addition to such minimum rental Operator shall pay to the County percentage rentals based upon the follow- ing table: Thru December 31, 1974 -- 3% of gross sales in excess of $200, 000. 00; January 1, 1975 thru December 31, 1975 -- 4% of gross sales in excess of $150, 000. 00; January 1, 1976 thru December 31, 1976 -- 5% of gross sates in excess of $120,000.00; January 1, 1977 thru December 31, 1977 -- 5% of gross sales in excess of $120,000.00; January 1, 1978 thru December 31, 1978 -- 5% of gross sales in excess of $120,000.00; Additional 5-year option shall be at 5% of total gross sales. C. In addition to the amounts provided for in paragraphs A thru B hereof, Operator shall pay to County a sum of money equal to 2% of its gross sales annually for utilities. - 13 - Springfield -Oaks Golf Club House A. During the entire term hereof rental shall be based upon a percentage of Operator's gross sales annually in accordance with the following schedule: 0 thru $50, 000. 00 -- $1. 00; $50, 001. 00 thru $100, 000. 00 -- $1. 00 plus 2% of excess over $50, 000. 00; $100 , 001 . 00 thru $150, 000. 00 -- $1, 001. 00 plus 3% of excess over $100, 000. 00; $1 50, 001 . 00 thru $200, 000. 00 -- $2, 501. 00 plus 4% of excess over.$150,001.00; $200, 001- 00 and up -- $4, 501. 00 plus 5% of excess over $200,000.00; Additional 5-year option shall be at 5% of total gross sales. Springfield -Oaks Youth Activities Center A. During the entire term hereof rental shall be based upon a percentage of Operator's gross sales annually in accordance with the following schedule: Thru December 31, 1974 -- 4% of gross sales; January 1, 1975 thru December 31, 1975 -- 4% of gross sales; January 1, 1976 thru December 31, 1976 -- 4% of gross sales; January 1, 1977 thru December 31, 1977, -- 5% of gross sates; January 1, 1978 thru December 31, 1978 -- 5% of gross sates; Additional 5-year option shalt be at 5% of total gross saZes. — 14 — Addison -Oaks Concession Stand A. During the entire term hereof rental shall be based upon a percentage of Operator's gross sales annually in accordance with the following schedule: Thru December 31, 1976 -- 6% of gross sates; January 1, 1977 thru December 31, 1978 -- 8% of gross sales; Additional 5-year option shatZ be at 8% of total gross sales. Waterford -Oaks Activities Center A. During the entire term hereof rental shall be based upon a percentage of Operator's gross sales anually in accordance with the following schedule: Thru December 31, 1974 -- 4% of gross sales; . January 1, 1975 thru December 31, 1975 -- 4% of gross sales; January 1, 1976 thru December 31, 1976 -- 4% of gross sates; January 1, 1977. thru December 31, 1977 -- 5% of gross sales; January 1, 1978 thru December 31, 1978 -- 5% of gross sates; Additional 5-year option shall be at 57. of total gross sates. Groveland-Oaks Concession Stand A. During the entire term hereof rental shall be based upon a percentage of Operator's gross sales annually in accordance with the following schedule: - 15 - Thru December 31, 1976 -- 6% of gross sales; January 1, 1977 thru December 31, 1978 -- 8% of gross Gazes; Additional 5-year option shalt be at 8% of total gross sales. The term gross sales shall include the gross amount of all sales of every kind and description made in , upon or resulting from the conduct of the business of Operator upon the various recreational facilities covered by this agreement, but after deduc- tion therefrom refunds made in the normal course of business and amounts paid for sales tax. Net proceeds from vending machines shall be included in gross sales. All percentage payments provided hereunder shall be payable quarterly not later than the thirtieth (30th) day following the end of the first three (3) months of oper- ation and the end of each three (3) month period thereafter, and shall be based upon reports furnished by Operator to the County with such payments. Operator• shall furnish to the County within sixty (60) days after the closing of each calendar year a report certified to by an officer of Operator, showing Operator's Gross Receipts during the preceding calendar year, the amount of any accumulated prior deficiency in percentage payments , and the net percentage payment, if any, owing hereunder for such period, provided that, if at the end of any quarter, it be determined that Operator has paid for said year to date, a greater sum than would have been payable under the provisions hereof for said portion of such year, Operator shall have credit for such excess payment. In the event the term hereof is extended thru the exercise by the Operator of the option granted to it in paragraph 1.3 hereof, payments shall be made during said extended period at the same level as payments required during the calendar year 1978. - 16 - 4.3 Audit of Books and Records The County shall have the right at any time within ninety (90) days thereafter to have the books and records of Operator audited during reasonable hours. Any additional percentage payment found due by such audit shall be paid to the County within thirty (30) days and shall bear interest at the rate of seven (7%) percent per annum from the date such payment was due until paid. Failure of the County to exercise its option to audit the books of Operator within said period shall be conclusive evidence as between the parties hereto that the reports of gross sales supplied by Operator to the County during the preceding calendar year are correct. 4.4 Utilities County will supply all utilities to the various facilities subject to this Agreement and will supply heat at an average temp- erature of 721 during winter season and circulating fresh air when heat is not required. In the event any of the facilities subject to this Agreement are presently air conditioned, then and in that event the County shall supply air conditioning at its cost and ex- pense. 4.5 Financial Operation Summaries Operator shall furnish summaries of Gross Sales to County representative on a monthly basis. 4.6 Right of Review County shall have the right of reasonable review of adver- tising, hours of operation, and menus and prices with Operator. - 17 - ADDITIONAL TERMS OF AGREEMENT 5.1 Paragraph Headings The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 5.2 Invalid Provisions In the event that any provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the remainder of the Agreement. 5.3 Assignment and Subletting Operator shall not assign, transfer, sublease, pledge, hypothecate, surrender or otherwise encumber or dispose of any interest arising under this. Agreement or any estate created by this Agreement, or any interest in any portion of the same, or permit any other person or persons, company or corporation to occupy these premises, without the written consent of the County being first obtained, which consent shall not unreasonably be withheld. All the covenants, stipulations and agreements in this Agreement shall extend to and bind the legal representatives, successors and assigns of the respective parties hereto. 5.4 Default It is agreed that if Operator shall neglect or fail to pay any amounts promptly as specified in this Agreement and if there is a failure to pay same for a period in excess of thirty (30) days, then this Agreement shall be subject to cancellation and become - 18 - void and the rights of Operator terminated hereunder at the option of the County. It is further agreed that should Operator be adjudicated a bankrupt or insolvent according to law, the Agreement shall become void. 5.5 Non -Waiver Any waiver of any breach of covenants herein contained to be kept and performed by Operator shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same condition or covenant or otherwise. 5.6 Notices Notices..to the County provided for in this Agreement shall be sufficient if in writing and mailed, postage prepaid, addressed to the Director of Parks and Recreation, 2800 Watkins Lake Road, Pontiac, Michigan, or to such other address as may have been des- ignated in writing from time to time and notices to Operator shall be deemed sufficient if in writing and mailed, postage prepaid, addressed to Laffrey, Werthmann, Fuller Restaurants, Inc., 4001 Haggerty Road, West Bloomfield, Michigan, IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESSES: COUNTY OF OAKLAND, a Michigan Constitutional Corporation,.by its Statutory Agent the Oakland County Parks and Recreation . - ly '�� Itsad LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC., a Michigan Corporation By: John L frey Its President By �4A Edward Fuller Its Secretary Approved by Resolution of - 20 - EXHIBIT (SCHEDULE) "A" DESCRIPTION OF PROPERTY WHITE LAKE -OAKS GOLF CLUB HOUSE Consists of dining room, bar and dining area, and restroom facilities within the Club House located at 991 Williams Lake Road, White Lake Township. ADDISON-OAKS CONFERENCE CENTER Consists of the entire structure located at 1480 West Romeo Road, Addison Township, along with a concession stand located on the beach. SPRINGFIELD-OAKS GOLF CLUB HOUSE Consists of restaurant and restroom facilities located at 12450 Andersonville Road, Springfield Township. SPRINGFIELD-OAKS YOUTH ACTIVITIES CENTER Consists of a structure located at 12451 Andersonville Road, Springfield Township. 11 A 11 , page 1 WATERFORD-OAKS ACTIVITIES CENTER Consists of one large building located at 2800 Watkins Lake Road, Waterford Township. GROVELAND-OAKS CONCESSION STAND Consists of a wooden structure located on the beach and situated in Groveland Township. HOURS OF OPERATION All services and facilities shall remain open for business at least during those hours comparable facilities operate at comparable locations. Breakfast service shall be maintained at those facilities oper- ating golf courses during those months in which the golf facility is in operation. 11 A 11 , page 2 REAL E S T A T E A P P R A 1 5 A L S E R V I C E JOHN Vt. STOPPERT. MAI, ASA PAUL A. STOPPERT, AIAI, ASA 5904 SOUTH MAIN STREET JOHN D. STOPPEA7, ASA CLARKSTON, MICHIGAN 40016 ARTNUA C. SA LLEY - PHONE (313) 675-3000 TO: Oakland County Parks & Recreation Commission FROM: John W. Stoppert, MAI, ASA - Consultant RE: Proposed leasing of Oakland County Parks and Recreation Commission -Food & Beverage Concessions. A special meeting was held between John Laffrey and my-. self at the main office of the Oakland. County Parks and Rec- reation Commission on March 4., 1974, at which time the pro- posed leases of the food and beverages concessions was discussed. After a lengthy negotiation period, a revised proposal was made'-by,..Mr. Laffrey, -as follows: Write Lake Oaks- 1974 - 4% of Gross.Sales rental -+1% to utilities.* 1975 - 5% of Gross Sales rental + to to utilities. 1976 - 6% of Gross Sales rental + 1% to utilities. 1977 - 6% of'Gross Sales rental +,lo to utilities. 1978 - 6% of Gross Sales rental -+-'I% to utilities. Plus additional 5 year option @ 6% + 1%. Addison Oaks 1974 - 3% of Gross Sales rental + 2% to utilities. 1975 - 4% of Gross Sales rental + 2% to utilities. 1976 - 5% of Gross Sales rental +.2o to utilities, 1977 - 5% of Gross Sales rental + 2% to utilities. 1978 - 5% of Gross Sales rental + 2% to utilities. Plus additional 5 years option at 5% + 2%_ If A 11 page 3 0 Y,f/'/L6J,G:l ,Q/� W-a61a Ye,Y,2"6GE Continued Springfield Oaks 1974-1978 Inclusive 0 - $50,000: Gross Sales $1.00 $50,001. - $100,000. Gross Sales 2% of Gross $100,001. - $150,000. Gross Sales 3% of Gross $150,001. - $200,000. Gross Sales 4% of Gross $200,000. and up 5% of Gross Additional 5 year option @ 5% of Gross Sales. Springfield Oaks Y.A.C. 1974-1976 Inclusive 4% of Gross Sales 1977-1978 5% of Gross Sales Additional 5 year option @ 5% of Gross Sales. Waterford Oaks 1974--1976 Inclusive 4% of Gross Sales .1977-1978 5% of'Gross Sales Additional 5 year option @ 5% of Gross Sales. Other proposals include: Mr.. Laffrey agreed to establish a $20,000. annual budget for advertising. Maintain leased. equipment and replace as: necessary at lessee expense. Maintain and repair interior of leased premises. Furnish owner with liabili.ty'and property damage.for leased area. Oakland County Parks and Recreation Commission to insure real estate for fire and extended coverage. Owner to maintain and repair exterior of building. /G� • JohniuW. Stoppert ltant 11 A 11 , page 4 AMENDMENT TO CONCESSION AGREEMENT THIS AMENDMENT is attached to and made a part of a certain Concession Agreement dated April 25, 1974 by and between the COUNTY OF OAKLAND and LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC. WITNESSETH: 1. The parties recognize and acknowledge that the County presently holds a Class C license issued by the Michigan Liquor Control Commission, which license is referred to in paragraph 2. 8 of the aforementioned Concession Agreement. Unless and until the Michigan Liquor Control Commission adds as a co -licensee on said license LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC., all sales of liquor shall be made by the County and operator shall not participate in the proceeds therefrom. IN WITNESS WHEREOF the parties have executed this agreement as of April 25, 1974. COUNTY OF OAKLAND, a Michigan Constitutional Corporation, by its Statutory A t, the O an o my WITNESSES: Parks an reat' Cc ion BY: Its: BY: Its- LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC., a Michigan Corporation BY: C--, Its: BY: Its: SECOND AMENDMENT TO CONCESSION AGREEMENT THIS SECOND AMENDMENT is attached to and made a part of a certain Concession Agreement dated April 25, 1974, by and between the COUNTY OF OAKLAND and LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC. WITNESSETH: 1. Paragraph 2.8 of the Concession Agreement is hereby modified to substitute the following therefor in its entirety: . 2,8 Sale of Liquor The parties understand and agree that the County presently has a Class C liquor license issued by the State of Michigan permitting the sale of alcoholic beverages at White Lake -Oaks. The parties shall immediately make application to the Michigan Liquor Control Commission to include Operator as an additional licensee on the existing Class C liquor license. In the event the Michigan Liquor Control Commission refuses to add Operator as an additional licensee on said Class. C liquor license, the parties shall enter into a management contract acceptable to the Liquor Control Commission to the end that Operator may engage lawfully in the sale of liquor. It is further agreed by Operator that upon termination of the agreement for any reason, Operator, its successors and assigns, shall reassign to the County, its interest in the Class C liquor license, or to such party or parties as the County shall designate, subject however to the consent and approval of the Michigan Liquor Control Commission. It is further agreed by Operator that additional licenses to dispense liquor on the subject Oakland County properties shall operate in the same manner and on the same terms as the White Lake -Oaks Golf Club House Class C liquor license. - 1 - 2. Except as herein modified, the Concession Agreement shall remain in full force and effect. IN WITNESS.WHEREOF, the parties have executed this Agreement as of April 25, 1974. COUNTY OF OAKLAND, a Michigan Constitutional Corpora 'on, by its Statutory Agent, Oakland County P an Re tion, WITNESSES: Commiss'o BY: Its:— BY. - 0 Its : LAFFREY, WERTHMANN, FULLER RESTAURANTS; INC., a Michigan Corporation � \ _ BY: Its: BY: 2 - THIRD AMENDMENT TO CONCESSION AGREEMENT THIS THIRD AMENDMENT is attached to and made a part of a certain Concession Agreement dated April 25, 1974, by and between the COUNTY OF OAKLAND and LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC. WITNESSETH: 1. The parties recognize and acknowledge that two new concession facilities, Independence -Oaks Concession Stand and Waterford -Oaks Wave Pool Concession Stand, have been constructed since the inception of the aforementioned Concession Agreement and the following shall apply to these two new facilities: Independence -Oaks Concession Stand A. During the entire term hereof rental shall be based upon a percentage of Operator's gross sales annually in accordance with the following schedule: 1976 - 1977 6% of Gross Sales 1978 - 1983 8% of Gross Sales Waterford -Oaks Wave Pool Concession Stand A. During the entire term hereof rental shall be based upon a percentage of Operator's gross sales annually in accordance with the following schedule: 1976 - 1977 8% of Gross Sales 1978 - 1983 10% of Gross Sales 2. The Oakland County Parks and Recreation Commission agrees to a five-year extension of this Concession Agreement which goes from 1984 to 1988, inclusive, with the percentages to be negotiated after the first five years which end in 1978. 3. If a Liquor License is approved by the Liquor Control Commission for the Springfield -Oaks Clubhouse, the County would be the co -licensee and the license is to remain in the County's ownership if LAFFREY & FULLER RESTAURANTS, INC. terminate their agreement with the County. - 1 - IN WITNESS WHEREOF the parties have executed this agreement as of July 23, 1976. COUNTY OF OAKLAND, a Michigan Constitutional Corporation, by its StTo Agent, C e Oakland County P&a�rnan RecreakZ6n,/Commission WITNESSES: B1,YZ�- Its' BY: Its: .� 1 P, LAFFREY, FULLER RESTAURANTS, INC., a Michi an Corp/ora�t/;,a� BY: Its. BY: Its: - 2 - HIRD AMENDMENT TO CONCESSION AGREEMENT THIS THIRD AMENDMENT is attached to and made a part of a certain concession Agreement dated April 25, 1974, by and between the COUNTY OF DAKLAND and LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC. WITNESSETH: 1. Operator agrees to purchase from the County stock and supplies ocated at White Lake Oaks, However, the same is not to exceed the sum of "wo Thousand ($2, 000. 00) Dollars. IN WITNESS WHEREOF, the parties have executed this Agreement as April 25, 1974. COUNTY OF OAKLAND, a Michigan Constitutional Corporation, by its Statutory Agent, the Oakland County Parks and Recreation Commission Its: /�%.ku,,,_ B Y• Its: LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC., a Michigan Corporation BY. It s: \9� BY: Its: FOURTH AMENDMENT TO CONCESSION AGREEMENT THIS FOURTH AMENDMENT is attached to and made a part of a certain Concession Agreement dated April 25, 1974, by and between the COUNTY OF OAKLAND and THE OAKS CORPORATION, formerly known as Laffrey, Werthmann, Fuller Restaurants, Inc. WITNESSETH: I. The parties recognize and acknowledge that the following rules shall apply. in the event that a Class C Resort Liquor License is issued for the Springfield -Oaks Golf Course Clubhouse: A. Alcoholic beverages will only be sold during the golf season and at privately scheduled functions. B. Alcoholic beverages will be sold during the golf season only between the hours of 12:00 p.m. to 10:00 p.m. and the Club- house will close no later than 11:00 p.m. except for privately scheduled functions. C. No signs will be posted or advertising done which will indicate that liquor is available at the Clubhouse. D. No alcoholic beverages will be allowed anywhere except the upper level of the Clubhouse. E. The S.D.M. and the dance permit portions of this Resort License will be cancalled. This portion of the license will not be issued and therefore no carry -out sales or dancing will be allowed. F. In the event the Agreement between THE OAKS CORPORATION and the OAKLAND COUNTY PARKS AND RECREATION COMMISSION is cancelled or not renewed, license shall revert to the OAKLAND COUNTY PARKS AND RECREATION COMMISSION for use only by concessionaires, controlled and approved by the OAKLAND COUNTY PARKS AND RECREATION COMMISSION and Liquor Control Commission. G. All alcoholic beverages will be dispensed from a service bar located in the kitchen or some other private room. No sit- down bar will be installed. IN WITNESS WHEREOF the parties have executed this Amendment to the Agreement as of March 10, 1978. WITNESSES: STATE OF MICHIGAN ) )ss. COUNTY OF Oakland ) COUNTY OF OAKLAND, a Michigan Constitutional Corporation, by its Statutory Agent, the Oakland County Parks anion Commissi BY:� Its:. Chairman By: Its: Manager THV-77 BY Edwar Fuller Its: President BY:Lal� orge Lqyas Its: Secretary The foregoing instrument was acknowledged before me this /D 2=4 day of March , 1978, by the OAKLAND COUNTY PARKS AND RECREATION COMMISSION and THE OAKS CORPORATION. My commission expires: Lj Q 8 Charles L. Ross ua� CHARLES L AM. Notary Public Oakland County, Michigan Nottry Publiq Oakland County, Miaifpan '4X C'J.SIcn Expin. April 4 1981 Business Address 2800 Watkins Lk.Rd. Pontiac MI - 2 - COUNTY OF OAKLAND, through its PARKS AND RECREATION COMMISSION and E. A. FULLER OAKS CORPORATION, the parties to the contract, by this Addendum set forth their joint inter- pretation of their CONCESSION AGREEMENT dated the 20th day of June, 1979, to -wit: White Lake Oaks, Page 11, Paragraph B, shall read as follows: B. In addition to such minimum rental Operator shall pay to the County percentage rentals based upon the following table: Tim Deeembeh 3.1, 1974 -- 4% o6 ghabd dated .in exee66 o6 $200,000.00; Januan.y 1, 1975 thlLu December 31, 1975 -- 5% o6 gh066 6a.2ei, in exceed o6 $.160, 000.00; January 1, 1976 .thicu Deeemben 31, 1976 -- 6% o6 gho66 6aZe6 .in exee.66 o6 $134,060.00; January 1, 1977 .thou DeeembeA 31, 1977 -- 6% o6 -- gno66 6aeeb in exee.66 o6 $134,000.00; January 1, 1978 .thAu Decembeh 31, 1979 -- 6% o6 g,cob6 6aZa .in excebb o6 $134,000.00; Additi.onat 5-year option, Januahy 1, 1979 .thnu December. 31, 1983 -- 6%'o6 gno66 6aQe6 in excebb o6 $134,000.00. Addison Oaks Conference Center, Page 12, Paragraph B, shall read as follows: B. In addition to such minimum rental Operator shall pay to the County percentage rentals based upon the following table: Thnu Deeembeh 31, 1974 -- 3% 06 g4066 Wee .in exee66 o6 $200,000.00; Januah.y 1, 1975 .thiul. DeeembeA 31, 1975 -- 40 o6 gho6A ba u .in exeebe 06 $150,000.00; Januahy 1, 1976 th/ u Deeemben 31, 1976 -- 5% o6 g4ob6 bated in exeee6 o6 $120,000.00; Januahy 1, 1977 th)Lu Deeembea 31, 1977 -- 5% o6 9n.o66 batee .in exee,66 o6 $120,000.00: January 1, 1978 .tJiAu December 31, 1978 -- 5% o6 grodd datee in exceed o6 $120,000.00; Additi.onat 5-yea4 option, January 1, 1979 .thru December 31, 1993 -- 5% o6 groed eatee in exceee o6 $120,000.00. IN WITNESS WHEREOF the parties have executed this Amendment to the Agreement as of April 2, 1980. WITNESSES: o, Q vx-, I c _-- STATE OF MICHIGAN ) )ss. COUNTY OF Oakland ) COUNTY OF OA'KLAND, a Michigan Constitutional Corporation, by its Statutory Agent, the Oakland County Parks and reation CommisqIAP B Y : i6 Its: Chai Its: Secretar THE OAKS C'O^RPPO/R,{AT11OnVN` B Y :— Edward A. Fuller Its: President BY: eor a Lekas Its: Secretary The foregoing instrument was acknowledged before me this 2nd day of April , 1980, by the OAKLAND COUNTY PARKS AND RECREATION COMMISSION and THE OAKS CORPORATION. My commission expires: CHARLES L. ROSS, Jk. Nnrmy P,.-i-' Oakland Counly, Michigan My Gmmlv,•.,� F-DL.ar lril b 14ai Charles L. Ross Notary Public Oakland County, Michigan Business Address 2800 Watkins Lk. Rd., Pontiac, MI FIFTH AMENDMENT TO CONCESSION AGREEMENT THIS FIFTH AMENDMENT is attached to and made a part of a certain Concession Agreement dated April 25, 1974, by and between the COUNTY OF OAKLAND and LAFFP,EY, WERTHMANN, FULLER RESTAURANTS, INC., now knorm as THE OAKS RESTAURANTS, INC. WITNESSETH: 1. The parties recognize and acknowledge that the OAKLAND COUNTY PARKS AND RECREATION COMMISSION has purchased the Glen Oaks Golf Course since the inception of the aforementioned Concession Agreement and the following shall apply to this new facility: A. During the entire term hereof rental shall be based upon a percentage of the Operator's gross sales annually in accordance with the following schedule: 1978 - 1983 10% of Gross Sales 2.- The OAKLAND COUNTY PARKS AND RECREATION COMMISSION agrees to a five-year extension of this Agreement which goes.from 1984 to 1988, inclusive, with the percentages to be negotiated after the first five.years which end in 1983. 3. If a Liquor License is approved by the Liquor Control Commission for the Glen Oaks Clubhouse, the County would be co -licensee and the license is to remain in the County's ownership if THE OAKS RESTAURANTS, ItIC., terminate their Agreement with the County. 4. In addition to the amounts provided for: A. Operator shall pay to the County a sum of money equal to one- half of the utilities that are expended for the purpose of ' operating the building that houses the banquet facility, pro shop and clubhouse, along with other common areas within the main building. 5. Concessionaire also agrees to provide the day-to-day mainten- ance of the interior of the building which t•tould include the locker rooms, grill room, banquet area, bathrooms and other common areas throughout the building. 6. The PARKS Ai,., RECREATION COMMISSION will br. J up -to -code the building, as well as the equipment for the proper implementation of the acility immediately upon the closing. The Commission staff •rill work with the Concessionaire in meeting these requirements. Once the requirements have been met, then it will be the responsibility of the Concessionaire to keep the interior of the building to the standards of the Commission as referred to in other parts of this Agreement. II CONCESSION AGREEMENT THIS CONCESSION AGREEMENT, made and entered into on the 25th day of April, 1974, and revised on the loth day of i June 1979, by and between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, hereinafter referred to as the "County" and E. A. FULLER OAKS CORPORATION, a Michigan Cor- poration, Oakland County, Michigan, formerly known as Laffrey, Werthmann, Fuller Restaurants, Inc., hereinafter referred to as "Operator". WITNESSETH: The following is a recitation of facts underlying this Agree- ment: A. The County owns .and operates ten (10) recreational facilities referred to in this Agreement for purposes of conven- ience as follows: WHITE LAKE -OAKS GOLF CLUBHOUSE, ADDISON-OAKS CONFERENCE CENTER, ADDISON-OAKS CONCESSION STAND, SPRINGFIEL➢-OAKS GOLF CLUBHOUSE, SPRINGFIELD-OAKS YOUTH ACTIVITIES CENTER, INDEPENDENCE -OAKS CONCESSION STAND, WATERFORD-OAKS WAVE POOL CONCESSION STAND, WATERFORD-OAKS ACTIVITIES CENTER, GROVELAND-OAKS CONCESSION STAND GLEN OAKS GOLF CLUBHOUSE B. All of the foregoing recreational facilities have various food and beverage facilities designed to provide food and beverage services for the general public, patrons of the facilities and/or in certain instances, catering facilities. C. Operator represents itself to be capable of furnishing food and beverage of high quality and is desirous of obtaining ex- clusive rights to furnish food and beverage services at the aforesaid facilities. D. County is agreeable to granting to Operator exclusive rights to engage in the food and beverage business for profit at the recreational facilities referred to in this Agreement. E. The parties have reached an understanding and are desir- ous of reducing to writing their Agreement. THEREFORE, in consideration of the mutual covenants herein contained, the County does hereby agree and let unto Operator and Operator does hereby hire and take from the County certain premi- ses, facilities, rights, services and privileges in connection with the following County owned and operated recreational facili- ties, to -wit: WHITE LAKE -OAKS GOLF CLUBHOUSE ADDISON-OAKS CONFERENCE CENTER, ADDISON-OAKS CONCESSION STAND, SPRINGFIELD-OAKS GOLF CLUBHOUSE, SPRINGFIELD-OAKS YOUTH ACTIVITIES CENTER, INDEPENDENCE -OAKS CONCESSION STANDS, WATERFORD-OAKS ACTIVITIES CENTER WATERFORD-OAKS WAVE POOL CONCESSION STAND GROVELAND-OAKS CONCESSION STAND, GLEN OAKS GOLF CLUBHOUSE las hereinafter provided. PROVISIONS CONCERNING THE NATURE AND OPERATION OF THE CONCESSION 11.1 General Description of the Concession Operator shall have the exclusive right in all facilities subject to this agreement to operate restaurant facilities ser- vicing food and beveragep including alcoholic beverages and otherwise engaging in the food and restaurant business, including catering and sale of miscellaneous novelty items incident to the concession herein granted. - 2 - 1.2 Area of Concession Attached hereto in a Rider labeled "Exhibit A", is a descrip- tion of each recreational facility subject to -this Agreement, to- gether with a particular description of the areas of such facility let to Operator in connection with this Agreement. 1.3 Term Operator shall have full authority to use said premises and facilities and to exercise the rights, licenses and privileges set forth herein for a term commencing on the 25th day of April, 1974 and terminating on the 31st day of December, 1978. Providing, Operator shall not be in default under the terms and conditions of this Agreement, it shall have the right at its option to extend the term of this Agreement for an additional ten (10) year period, i, to expire December 31, 1988, except the percentages of the last five years of this contract, 1984-1988 are to be negotiated within ninety (90) days after December 31, 1983 or Agreement becomes null and void. OBLIGATIONS OF OPERATOR 2.1 uali:`t Operator shall serve and dispense quality foods and beverages with adequate portions. It shall furnish good, prompt and efficient service adequate to meet all the demands for its service at the facilities subject to this Agreement. Operator shall, at all times, comply with. the Federal Pure Food and Drug Laws and other applicable laws and regulations of the United States, the State of Michigan, County of Oakland and the municipalities wherein the facilities are located, and all applicable health rules and regulations. Operator shall furnish said service on a fair, equal and nondiscriminatory basis to all users thereof. Operator will not - 3 - on the grounds of race, sex, religion, or national origin discrim- inate or permit discrimination against any person or group of persons. The selection of food and beverages offered for sale, and its quality and portion schedules will be subject to the reasonable approval by the County prior to the beginning of opera- tions, and at any time thereafter. 2.2 Prices Foods and beverages offered for sale by Operator shall be sold at prices comparable to ,those maintained at other high quality restaurants in the Oakland County area. Operator shall charge fair, reasonable and nondiscriminatory prices for each unit of sale or service, provided that Operator may be allowed to make reasonable andnondiscriminatory discounts, rebates, and other similar types of price reduction to volume purchasers. 2.3 Service and Hours of Operation Operator's service shall be prompt, clean, courteous, efficient and sufficient in quantity. Operator shall at all times provide personnel sufficient -to operate the facilities on a standard equal to that maintained by comparable restaurant opera- tions at comparable locations. The specific hours of operation at each facility are desig- nated on the Rider attached hereto and labeled "Exhibit A". 2.4 Supervisor Operator shall at all times provide an active, qualified and competent supervisor at each facility who shall be authorized to represent and act for Operator in matters pertaining to the day to day operation of the facility. 2.5 Employees of Operator All employees of Operator shall be clean, courteous, efficient and neat in appearance. Operator shall not employ any person - 4 - or persons in or about any facility who shall use improper language or act in a loud or boisterous or otherwise improper manner. Upon written notification by the County to Operator that a person employed by Operator is, in the County's opinion, dis- orderly, unsanitary, or otherwise unsatisfactory, Operator shall, immediately, remedy the situation to the County's reasonable satisfaction, and failing that, the employee shall be removed from service at any of the facilities and shall not again be trained or employed by Operator at any facility without consent of the County. 2.6 Inspection Operator shall allow the County's authorized representatives access to the premises to be occupied by Operator under the terms of this Agreement at all reasonable hours, for the purpose of examining and inspecting said premises, for purposes necessary, incidental to or connected with the performance of its obligations hereunder, or in the exercise of its governmental functions. Operator agrees that the County's Manager of Parks and Recreation, or his authorized agent, is authorized, at any time, to inspect Operator's operation for cleanliness, condition of equipment, quantity and quality of food, services and hours of operation. If not satisfactory, the Manager of Parks and Recrea- tion shall notify Operator, in writing, to correct any unsatis- factory conditions. Such written notice shall contain specific particulars so as to adequately advise Operator of the conditions deemed unsatisfactory and the reasons and grounds for such con- clusion. Operator shall take immediate steps to correct any such unsatisfactory condition. If Operator is of the opinion that the action of the County's Manager of Parks and Recreation provided ;for herein is unwarranted, unreasonable or based upon erroneous facts or information Operator shall call the same to the attention of the Manager and thereafter the parties shall use best efforts to resolve any dispute to their mutual satisfaction. - 5 - 2.7 Access to Premises It is understood that generally Operator will occupy certain designated portions of the various facilities and the use in common with others of all access roads and common areas, including the parking lots. Should a question or dispute arise concerning the use of common areas the parties shall utilize their best efforts to resolve such dispute in such a fashion so as to carry out the intent and purposes of the Agreement while minimizing the inconvenience to others entitled to use of such common areas. 2.8 Sale of Liquor The parties understand and agree that the County presently has Class C liquor licenses issued by the State of Michigan per- mitting the sale of alcoholic beverages at White Lake -Oaks Golf Clubhouse, Springfield -Oaks Golf Clubhouse and Glen Oaks Golf Clubhouse. The parties shall immediately make application to the Michigan Liquor Control Commission to include Operator as an additional licensee on the existing Class C.liquor license. In the event the Michigan Liquor Control Commission refuses to add Operator as an additional licensee on said Class C liquor license, the parties shall enter into a management contract acceptable to the Liquor Control Commission to the end that Operator may engage lawfully in the sale of liquor. It is further agreed by Operator that upon termination of the Agreement for any reason, Operator, its successors and assigns, shall reassign to the County, its interest in the Class C liquor license, or to such party or parties as the County shall designate, subject however to the consent and approval of the Michigan Liquor Control Commission. It is further agreed by Operator that additional licenses to dispense liquor on the subject Oakland County properties shall operate in the same manner and on the same terms as the Class C liquor licenses presently held by the County. - 6 - DUTIES AND RESPONSIBILITIES OF THE PARTIES CONCERNING THE PREMISES 3.1 Decoration and Redecoration Operator agrees that it will adopt and use decorating schemes and motifs in harmony with the design and architectural treatment of the various facilities and will submit any proposed changes therein, to the Manager of Parks and Recreation for approval prior to installation. Operator shall at its sole expense do any and all interior decorating of those portions of the premises re- ferred to in the Rider hereto and described as being under the exclusive custody and control of Operator. Such redecoration shall be undertaken in a manner approved by the County acting through the Manager of Parks and Recreation, or his authorized agent. 3.2 Maintenance of Sign Equipment Operator shall have the right to install or cause to be installed appropriate signs in and about the various facilities advertising their operations, provided that such signs shall be in good taste and shall not materially detract from the aesthetics of the premises. All cost of such installation shall be borne by Operator. Operator shall have the right to incorpor- ate as part of its advertising logo, the logo of Oakland County Parks and Recreation Commission (Oak Tree). County shall have the right to review of advertising materials and to reasonable rejection commensurate with this paragraph. 3.3 Maintenance of Equipment_ Operator agrees, at all times, to maintain and keep in good operating condition, at Operator's sole expense, all equipment furnished by the County. The County has represented that all restaurant equipment is in good operating order as of the date hereof. Any new equipment installed by Operator shall be done at Operator's sole cost and expense and shall be installed pursu- ant to all applicable building codes and health rules and regula- tions. All such additional equipment installed by Operator shall - 7 - be of high quality, safe, modern in design and shall harmonize with the equipment furnished by the County to the extent that the same may be possible. Operator shall supply the Manager of Parks and Recreation with a list of all equipment installed by it in the various facilities, which lists shall describe such equipment with particularity. All property of every sort which may be installed by Operator as a replacement for property initially furnished by the County shall be and remain the property of the County, after its installation. All other property and trade fixtures shall remain the property of Operator with exception of those trade fixtures which are installed in the premises in such fashion so as not to be readily removable without substantially damaging the premises. 3.4 Trash and Garbage Operator shall provide at its sole expense, suitable pro- cedures for the adequate sanitary handling and disposal of all trash, garbage and other refuse caused as a result of the opera- tion of its business. Whenever possible, both the Operator and the County shall coordinate their trash and rubbish disposal procedures so as to accomplish, these functions in mutual advan- tageous way. 3.5 Damages to Premises Operator shall be responsible for damage to the premises, including the breakage of glass, caused by the negligent acts of its agents, employees, patrons, or other persons under its di- rection and control. If the premises occupied by Operator are partially damaged by fire, explosion, the elements, the public enemy, or other casualty, but not rendered untenantable, the same shall be re- paired with due diligence by the County at its own cost and expense, If the damage shall be so extensive as to render such premises untenantable, but capable of being repaired in thirty (30) days, the same shall be repaired with due diligence by the County - 8 - at its own cost and expense and the amounts payable herein shall be proportionately paid up to the time of such damage and there- after cease until such time as the premises are fully restored. In the event the premises are completely destroyed by fire, ex- plosion, the elements, the public enemy or other casualty, or so damaged that they will remain untenantable for more than thirty (30) days, the County shall be under no obligation to repair and reconstruct the premises, and amounts payable hereunder shall be proportionately paid up to the time of such damage or destruction and shall henceforth cease until such time as the premises may be fully restored. The County and Operator agree that each forfeits any right of action that it may later acquire against the other of the parties to the Agreement for loss or damage to its property or to property in which it may have an interest, where such loss is caused by fire or any of the extended coverage hazards and arises out of or is connected with the use of the premises as provided in this Agreement. 3.6 Fire and Extended Coverage Insurance Operator shall procure and keep in force fire and extended coverage insurance upon all improvements, business fixtures, equipment, furniture and furnishings to the full insurable value thereof and shall furnish the County with evidence that such coverage has been procured and is being maintained in full force and effect. Similar insurance coverage for the real property shall be furnished by the County. Such insurance shall be pro- vided by companies licensed to do business in the State of Michi- gan. 13.7 Indemnity Operator does hereby covenant and agree to indemnify and save harmless the County from all fines, suits, claims, demands and actions of any kind and nature by reason of any and all of its negligence in conducting operations and does hereby agree to - 9 - assume all risks in the operation of its business hereunder and shall be solely responsible and answerable in damages for any and all accidents or injuries to persons or property caused by the negligence of Operator, its employees and agents. Operator shall maintain, with insurance and underwriters satisfactory to and approved by the County, a standard form policy or policies of insurance in such amounts as may from time to time be approved by the County protecting both Operator and the County against public liability, products liability, liquor liability and property damage. Operator shall promptly, after the execution of this Agreement, furnish such policy or policies for Personal Injury growing out of any one occurrence in the sum of $250,000.00 per person and $500,000.00 growing out of any one casualty and Proper Damage of $250,000,00 per occurrence and $250,000.00 aggregate. Operator shall furnish a certificate from the insurance carrier or carriers showing such insurance to be in full force and effect during the term of this contract, or to deposit copies of the policies which give this coverage, with the County. If certificates are provided, a thirty (30) day notice 'of cancellation shall be given., 3.8 Redelivery Operator will make no unlawful or offensive use of said premises and will at the expiration of the term hereof or upon any earlier termination thereof, as hereinafter provided, quit and deliver said premises to the County and those having their estate in the premises, peaceably, quietly, and in as good order and condition, reasonable use and wear thereof, fire and unavoid- able cause excepted, as the same now are or may hereafter be placed by Operator or the County. PAYMENT TERMS 4.1 Costs Borne by Operator Operator shall bear at its own expense all costs of operating their business, including any and all taxes and assessments levied - 10 - or assessed upon Operator's personal property located about the various premises. Operator shall pay for and obtain all permits and licenses required by authority of law in connection with the operation of its business. 4.2 Payments by Operator Operator, in consideration of this Agreement, hereby cove- iants and agrees to pay to the County the following sums, to -wit: White Lake -Oaks A. A minimum rental at the rate of $8,000.00 per annum paya- ble in equal monthly installments in advance of the first day of each calendar month of the term hereof without any set off or deduction whatsoever, with the exception of the year 1974, during which year the minimum rental sha11l be prorated and adjusted based upon the number of months this Agreement is in effect. B. In addition to such.minimum rental Operator shall pay to the County percentage rentals based upon the following table: Thru December 31, 1474 -- 40 06 9ro64 eatee in exceee 06 $200,000.00; Januwcy 1, 1975 .through Deeemben 31, 1975 -- 5% 06 groeb Bates in exeehe o6 $160,000.00; January 1, 1976 .through December 31, 1976 -- 6� 06 groee zatu in exceed o6 $134,000.00; Januwey 1, 1977 .through December 31, 1977 -- 6% o6 gho66 eate.e .in exeeea o6 $134,000.00; Jarwwcy 1, 1978 .through December 31, 1978 -- 6% 06 gross b atee in exceed o6 $134,000.00. Additi.ona.t 5-year option shah be at 6% 06 .to tat gross -datee . C. In addition to the amounts provided for in Paragraph A and B hereof Operator shall pay to County a sum of money equal to 1% of its gross sales annually for utilities. Addison -Oaks Conference Center A. A minimum rental at the rate of $6,000.00 per annum payable in equal monthly installments in advance on the first day of each calendar month of the term hereof without any set off or deduction whatsoever, with the exception of the year 1974, during which year the minimum rental shall be prorated and adjusted based upon the number of months this Agreement is in effect. B. In addition to such minimum rental Operator shall pay to the County percentage rentals based upon the following table: Thhough December. 37, 1974 -- 3% o6 gh066 sates .in excess o6 $200,000.00; January 1, 1975 .through Deeembeh 31, 1975 -- 40 o6 gn.o66 6atu .in excess o6 $150,000.00; Januan.y 1, 1976 .through Deeemben. 31, 1976 -- 5% o6 gho66 6a?-e6 .in exee66 o6 $120,0.00.00; Januahy 1, 1977 .through DeeembeA 31, 1977 -- 5% 06 gho66 sate,6 .in exee66 o6 $120,000.00; January 1, 1978 -tivcough December. 31, 1978 -- 5% o6 gho66 date4 .in exeesd o6 $120,000.00; Additionat 5-year. option 6hatt be at 5% o6 -toae gu6s 6ate4. C. In addition to the amounts provided for in paragraphs A through B hereof, Operator shall pay to County a sum of money equal to 2% of its gross sales annually for utilities. I Springf ield-Oaks Golf Clubhouse A. During the entire term hereof rental shall be based upon a percentage of Operator's gross sales annually in accordance with the following schedule; 0 .tWugh $50,000.00 -- $1.00; $50,007.00 .through $100,000.00 -- $1.00 p.eus 2% o6 exeez6 oven $50,000.00; $100,001.00 .through $150,000.00 $7,001.00 ptu6 3% o6 excess oven. $100,000.00; $150,001.00 .through $200,000,00 -- $2,501.00 pCu6 4% o6 exeesd oven_ $150,001.00; $200,001.00 and up -- $4,501.00 Atu6 5% o6 exceis6 oven $200,000.00; Additionat 5-year option 6haU be at 5% o6 -to.tak g4o66 6ate6. - 12 - Springfield -Oaks Youth Activities Center A. During the entire term hereof rental shall be based upon a percentage of Operator's gross sales annually in accordance with the following schedule: Through December 31, 1974 -- 4% o6 94os4 Oates; January 1, 1975 .through December 31, 1975 -- 4% o6 gross sates; January 1, 1976 .through DeeembeA 31, 1976 -- 4% o6 prose sates; January 1, 1977 .timugh December 37, 1977 -- 5% o6 gro64 gates; January 1, 1978 .through December, 31, 1978 -- 51 06 ghA64 4ate6; Addit+:onat 5-year option 6hatt be at 5% o6 .to.ta.t gross sate.6. Addison -Oaks Concession Stand A. During the entire term hereof rental shall be based upon a percentage of Operator's gross sales annually in accordance with the following schedule: t Through December 31, 1976 -- 6% 06 g4o44 ea.te6; January 1, 1977 -through December 31, 1978 -- 8% o6 9ros4 sa.te4; Additi.onat 5-year option sha.tt be at 8% o6 .tota.t gno44 4ate4. Waterford -Oaks- Activities Center A. During the entire term herof rental shall be based upon a percentage of Operator's gross sales annually in accordance with the following schedule: Through December 31, 1974 -- 4% o6 gno44 sates January 1, 1975 .through December 31, 1975 -- 4% o6 gno44 4a.te4; January 1, 1976 th)tough December 31, 1976 -- 4% o6 gno44 sates; January 1, 1977 .through December 31, 1978 5% o6 gjwsd 4a.te.6; Additi.onat 5-year option shaU be at 5% o6 .to.tat 9no44 sates. Waterford -Oaks Wave fool Concession stand A. During the entire term hereof rental shall be T)ased upon a. percentage of Operator's gross sales annually in accordance with the following schedule:. 1976 - 1977 --- 8% 06 gno44 Oates 1978 - 1983 --- 10% o6 9ro46 sates Groveland-Oaks Concession Stand A. During the entire term hereof rental shall be based upon a percentage of Operator's gross sales annually in accordance with the following schedule: ThILough DeeembeA 31, 1976 -- 6% o6 gn.o66 6ate6; JanaaAy 1, 1977 .thAough DecembeA 31, 1978 -- 8% o6 gAo64 4ate6; Addi.tf:onat 5-yeoA option 6hatt be at 8% o6 .to.tat gRo66 sate6. Glen Oaks Golf Clubhouse A. During the entire term hereof rental shall be based upon a percentage of the Operator's gross sales annually in accordance with the following schedule: 1978 - 1983 -- 10% o6 g/[obd 6ate6 B. Operator shall pay to the County a sum of money equal to one-half of the utilities (gas, light and water) that are expended for the purpose of operating the building that houses the banquet facility, pro shop and clubhouse, alon with other common areas within the main building. C, Operator agrees to provide the day-to-day cleaning and maintenance of the interior of the building; locker room, grill room, banquet area, bathrooms and other common areas throughout the building. D. County will bring the building up -to -code, as well as the equipment as required by all local, county and state enforcing agencies. The term gross sales shall include the gross amount of all sales of every kind and description made in, upon or resulting .from the conduct of the business of Operator upon the various recreational facilities covered by this Agreement, but after deduction therefrom refunds made in the normal course of business and amounts paid for sales tax. Net proceeds from vending machines shall be included in gross sales. All percentage payment provided hereunder shall be payable quarterly not later than the - 14 - thirtieth (30th) day following the end of the first three (3) months of operation and the end of each three (3) month period thereafter, and shall be based upon reports furnished by Operator to the County with such payments. Operator shall furnish to the County within sixty (60) days after the closing of each calendar year a report certified to by an officer of Operator, showing Operator's gross receipts during the preceding calendar year, the amount of any accumulated prior deficiency in percentage payments, and the net percentage payment if any, owing hereunder for such period, provided that, if at the end of any quarter, it be deter- mined that Operator has paid for said year to date, a greater sum than would have been payable under the provisions hereof for such ss payment. In the event the term hereof is extended through the exercise y the Operator of the option granted to it in paragraph 1.3 ereof, payments shall be made during said extended period at the ame level as payments required during the calendar year 1978. 3 Audit of Books and Records The County shall have the right at any time within ninety (90) days thereafter to have the books and records of Operator sudited during reasonable hours. Any additional percentage pay- uent found due by such audit shall be paid to the County within thirty (30) days and shall bear interest at the rate of seven (7%) ercent per annum from the date such payment was due until paid. Failure of the County to exercise its option to audit the books f Operator within said period shall be conclusive evidence as etween the parties hereto that the reports of gross sales supplied y Operator to the County during the preceding calendar year are ect. 4 Utilities County will supply all utilities to the various facilities ubject to this Agreement and will supply heat at an average tem- erature of 720 during winter season and circulating fresh air when - 15 - eat is not required. In the event any of the facilities subject o this Agreement are presently air-conditioned, then and in that vent the County shall supply air-conditioning at its cost and expense. .5 Financial Operation Summarises Operator shall furnish summaries of Gross Sales to County epresentative on a monthly basis, .6 Right of Review County shall have the right.of reasonable review of adver- ising, hours of operation, and menus and prices with Operator. ITIONAL TERMS OF AGREEMENT ,1 Paragraph Headings The paragraph headings contained herein are for convenience n reference and are not intended to define or limit the scope of provision of this Agreement. 2 Invalid Provisions In the event that any provision herein contained is held to e invalid by any court of competent jurisdiction, the invalidity f such provision shall not affect the remainder of the Agreement. 5.3 Assignment and Subletting Operator shall not assign, transfer, sublease, pledge, hypothecate, surrender or otherwise encumber. or dispose of any interest arising under this Agreement or any estate created by this Agreement, or any interest in any portion of the same, or permit any other person or persons, company or corporation to occupy these premises, without the written consent of the County being first obtained, which consent shall not unreasonably be witheld. All the covenants, stipulations and agreements in this Agreement shall extend to and bind the legal representatives, successors and assigns of the respective parties hereto. - 16 - 4 Default It is agreed that if Operator shall neglect or fail to pay ny amounts promptly as specified in this Agreement and if there s a failure to pay same for a period in excess of thirty (30) ays, then this agreement shall be subject to cancellation and ecome void and the rights of Operator terminated hereunder at he option of the County. It is further agreed that should Operator be adjudicated a ankrupt or insolvent according to law, the Agreement shall become oid. 5 Non -Waiver Any waiver of any breach of covenants herein contained to be ept and performed by Operator shall not be deemed or considered s a continuing waiver and shall not operate to bar or prevent he County from declaring a forfeiture for any succeeding breach ither of the same condition or covenant or otherwise. 6 Notices Notices to the County provided for in this Agreement shall be ufficient if in writing and mailed, postage prepaid, addressed to he Manager of Parks and Recreation, 2800 Watkins Lake Road, ontiac, Michigan 48054, or, to such other address as may have been esignated in writing from time to time and notices to Operator hall be deemed sufficient if in writing and mailed, postage repaid, addressed to the E. A. Fuller Oaks Corporation, 1480 W. Road, Oxford, Michigan 48051. IN WITNESS WHEREOF, the parties here.to have hereunto set their ds and seals. TNESSES: COUNTY OF OAKLAND, a Michigan Constitutional Corporation, by its Statutory Agent, the Oakland County Parks and Recreation Commission BX Aewi.. Wint ItsChairman BY e ma M. Austin It's Secretary ' ' E. A FULLER OAKS CORPORATION, A Michigan Corporation u BY Edward Ful er Its President'& Secretary BX... G e e as Its ' Vice -President & Treasurer By RESOLUTION OF June 20, 1979 And Amendments of: December 1, 1978 March 10, 1978 July 23, 1976 April 25, 1974 April 25, 1974 - 18 - EXHIBIT (SCHEDULE) "A" DESCRIPTION OF PROPERTY WHITE LAKE -OAKS GOLF CLUBHOUSE Consists of diningroom, bar and dining area, and restroom facilities within the Clubhouse located at 991 Williams Lake Road, White Lake Township. ADDISON-OAKS CONFERENCE CENTER & CONCESSION STAND Consists of the entire structure located at 1480 West Romeo Road, Addison Township, along with a concession stand located on the beach. SPRINGFIELD-OAKS GOLF CLUBHOUSE Consists of restaurant and restroom facilities located on upper level at 12450 Andersonville Road, Springfield Township. SPRINGFIELD-OAKS YOUTH ACTIVITIES CENTER Consists of a structure located at 12451 Andersonville Road, Springfield Township, INDEPENDENCE -OAKS CONCESSION STANDS Consists of that portion of bathing beach and boat shelter that exists for the purpose of dispensing and consuming of food and beverage. WATERFORD-OAKS ACTIVITIES CENTER Consists of one large building located at 2800 Watkins Lake Road, Waterford Township. "A", Page 1 WATERFORD-OAKS WAVE POOL CONCESSION STAND Consists of that portion of bathhouse that exists for the purpose of dispensing and consuming of food and beverage. GROVELAND-OAKS CONCESSION STAND Consists of a wooden structure located on the beach and situated in Groveland Township. GLEN OAKS GOLF CLUBHOUSE Consists of complete interior of Clubhouse including such areas as banquet rooms, bar area, grill room, kitchen, storage areas, patio, and other common areas. HOURS OF OPERATION I. All services and facilities shall remain open for business at least during those hours comparable facilities operate at comparable locations. Breakfast service shall be maintained at those facilities operating golf courses during those months in which the golf facility is in operation. II. SPRINGFIELD-OAKS CLUBHOUSE The parties recognize and acknowledge that the following rules shall apply for the Springfield -Oaks Golf Course Clubhouse: A. Alcoholicbeverages will only be sold during the golf season and.at privately scheduled functions. B. Alcoholic beverages will be sold during the golf season only between the hours of 12:00 p.m, to 10:00 p.m. and the Clubhouse will close no later than 11:00 p.m. except for privately scheduled functions. "A", Page 2 C. No signs will be posted or advertising done which will indicate that liquor is available at the Clubhouse, D. No alcoholic beverages will be allowed anywhere except the upper level of the Clubhouse. E. The S.D.M. and the dance permit portions of this Resort License will be cancelled. This portion of the license will not be issued and therefore no carry -out sales or dancing will be allowed. F. In the event the Agreement between the Operator and the County is cancelled or not renewed, license shall revert to the County for use only by con- cessionaires, controlled and approved by the County and Liquor Control Commission. C. All alcoholic beverages will be dispensed from a service bar located in the kitchen or some other private room.. No sit-down bar will be installed. "A", Page 3 SIXTH AMENDMENT TO CONCESSION AGREE:fENT THIS SIXTH AMENDMENT is attached to and made a part of a certain Concession Agreement dated April 25, 1974, and revised on the 20th day of June, 1979, by and between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, and E. A. FULLER OAK MANAGE- MENT CORPORATION, a Michigan Corporation. WITNESSETH: A. Paragraph 1.3 of the Concession Agreement is amended to include the following paragraph: "Providing Operator shall not be in default under the terms and conditions of this Agreement, it shall have the right at its option to extend the term of this Agreement for an additional fifteen (15) year period, to commence on January 1, 1989 and to expire December 31, 2003. The percentages of the contract years under said extension are to be renegotiated for each of the five-year periods of 1989-1993, 1994-1998, and 1999-2003. The negotiations shall be completed within the first ninety (90) days of the new five-year period or the Agreement becomes null and void." B. Paragraph 4.2 of the Concession Agreement is hereby modified to substitute the following therefor in its entirety: 4.2 Payments by Operator Operator, in consideration of this Agreement, hereby covenants and agrees to pay to the County the following sums, to -wit: White Lake -Oaks A minimum rental of $8,000.00 per annum or eight (8%) percent of total gross sales, whichever is greater, payable in equal installments in advance'of the first day of each calendar month without setoff or deduction. Addison Oaks Conference Center A minimum rental of $6,000.00 per annum or eight (8%) percent of total gross sales, whichever is greater, payable in equal monthly installments in advance of the first day of each calendar month without setoff or deduction. Total annual payments, however, shall not be less than one hundred (100%) percent of the utilities. Springfield Oaks Golf Clubhouse Operator shall pay as rental eight (8%) percent of the total annual gross sales. Springfield Oaks Youth Activities Center Operator shall pay as rental five (5%) percent of the total annual gross sales. Addison Oaks Concession Stand Operator shall pay as rental eleven (11%) percent of the total annual gross sales. Waterford Oaks Activities Center Operator shall pay as rental five (5%) percent of the total annual gross sales. Waterford Oaks Wave Pool Concession Stand Operator shall pay as rental eleven (11%) percent of the total annual gross sales. Groveland Oaks Concession Stand Operator shall pay as rental ten (10%) percent of the total annual gross sales. Independence Oaks Concession Stand Operator shall pay as rental ten (10%) percent of the total annual gross sales. Glen Oaks Golf Clubhouse A. During the entire term hereof rental shall be based upon a percentage of the Operator's gross sales annually in accordance with the following schedule: 1978-1983 - ten (10%) of gross sales -2- B. Operator shall pay to the County a sum of money equal to one-half of the utilities (gas, light and water) that are expended for the purpose of operating the building that houses the banquet facility, pro shop and clubhouse, along with other common areas within the main building. C. Operator agrees to provide the day-to-day cleaning and maintenance of the interior of the building, locker room, grill room, banquet area, bathrooms and other common areas throughout the building. The term gross sales shall include the gross amount of all sales of every kind and description made in, upon or resulting from the conduct of the business of Operator upon the various recreational facilities covered by this Agreement, but after deduction therefrom refunds made in the normal course of business and amounts paid for sales tax. Net proceeds from vending machines shall be included in gross sales. All percentage payments provided hereunder shall be payable quarterly, not later than the thirtieth (30th) day following the end of the first three (3) months of operation and the end of each three (3) month period thereafter, and shall be based upon reports furnished by Operator to the County with such payments. Operator shall furnish to the County within sixty (60) days after theclosing of each calendar year a report certified to by an officer of Operator, showing Operator's gross receipts during the.preceding calendar year, the amount of any accumulated prior deficiency in percentage payments, and the net percentage payment, if any, owing hereunder for.such period, provided that, if at the end of any quarter it be determined that Operator has paid for said year to date a greater sum than would have been payable under the provisions hereof for such excess payment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on the 44 day of 1984. -3- WITNESSES: Charles L. Ross Betty J., 41.141t of /'�? M. Seefeld Marilyn J.UBake COUNTY OF OAKLAND, a Michigan Constitutional Corporation, by its Statutory Agent, the Oakland County Parks and Recreation Commission By: L IS E. WI�hai By: _ R. ERIC RRICKEL, anager E. A. F LER OAK MANAGEMENT CORPO 1IOU By: T ED ARD A, FULLER. President and Secr r By: / GE KA , ell Vice RPresident and Treasurer AMENDMENT APPROVED BY RESOLUTION OF :larch 26, 1984. Are,: nO VED An TO F(7)<^.''r By: -4- SEVENTH AMENDMENT TO CONCESSION AGREEMENT WHEREAS, the County of Oakland, a Michigan Constitutional Corporation (County), and E.A. Fuller Oak Management Corporation, a Michigan Corporation, (Operator), are parties to a certain Concession Agreement dated April 25, 1974, as amended; and WHEREAS, the County and Operator have determined that changed conditions necessitate modification of portions of said Concession Agreement; now THEREFORE in consideration of the covenants and agreements herein contained, Section 3.7 of -said Lease and Concession Agreement is hereby amended to read: 3.7 INDEMNITY: The Operator does hereby covenant and agree to indemnify and save harmless the County from all fines, suits, claims, demands and actions of any kind and nature by reason of any and all of its negligence in conducting operations and does hereby agree to assume all risks in the operation of its business hereunder and shall be solely responsible and answerable in damages for any and all accidents or injuries to persons or property caused by the negligence of Operator, its employees and agents. Operator shall maintain with insurance underwriters, satisfctory to and approved by the County, a standard.form policy or policies of insurance in such amounts as may from time to time be approved by the County protecting both the Operator and the County against public liability, products liability, liquor liability and property damage. Operator shall promptly after the execution of this Agreement furnish such policy or policies naming the County as an additional insured for Personal Injury growing out of any one occurrence in the sums of not less than $250,000.00 per person and $500,000.00 growing out of any one casualty, and Property Damage of $250,000.00 per occurrence and $250,000.00 aggregate, and Fifty Thousand Dollars ($50,000.00) liquor liability coverage. Operator shall furnish a certificate from the insurance carrier or carriers showing this Agreement, or deposit copies of the policies which give this coverage with the County. If certificates are provided, a thirty (30) day notice of cancellation shall be given. If the Operator certifies to the satisfaction of the County that liquor liability insurance is not reasonably available in this State or is not available at a reasonable premium, the Commission may waive the above requirements regarding liquor liability insurance and may accept in lieu thereof a non interest -bearing deposit with the Oakland County Treasurer of security satisfactory to the County in like amount, which security may be in the form of cash, unencumbered securities, a 1 constant value bond executed by a surety company authorized to do business in this State, or a bank letter of credit in favor of the County for a minimum of one year's duration. Upon any transfer of Operator's interest in this Concession Agreement to any third party(ies), this amendment shall, at the option of the County, become null and void, and the previous provisions of section 3.7 shall control. Operator agrees to carry workers' compensation coverage as required by statute with employer's liability of not less than One Hundred Thousand Dollars ($100,000.00). IN WITNESS WHEREOF, the parties have executed this amendment to the agreement as of March 2, 1987. COUNTY OF OAKLAND, a Michigan Constitutional Corporation, by its Statutory Agent, the Oakland County Parks and Recreation Commission WITNESSES: Lewis E. Wint, Chairman _.... �. .-__ • .. _ _- .. _. BY: /Ra'iph Ri . ar , Manager E. A. F LLER OAK MANAGEMENT Col ION, a Michigan Corpo ation Edwa d A. Fuller P s ' d t and ec ry BY: s rge/;Lexa-s , e President and Treasurer Addison Oaks Conference Center Addison Oaks Concession Groveland Oaks Independence Oaks Glen Oaks N ti Springfield Clubhouse OAKLAND COUNTY PARKS b RECREATION COMMISSION CONCESSION CONTRACT �� PROPOSED RENTAL RATES 1989 3 Current Rates* 82 or 100% of utilities, whichever is greater 11X 10% 10% 10Y. plus 50% of utilites 8% White Lake 8% Springfield YAC 5% Waterford Oaks Act. Ctr. 5% Red Oaks Waterpark 11X Waterford Oaks Waterpark 11X *Rates listed are percentage of Concessionaire's gross sales. SCHEDULE A Proposed Rates 1989-1993* 8% plus 25% of utilities 12X 12X 12% 127 plus 50% of utilities 10% or 100% of utilities, whichever is greater 10% plus 25% of utilities 107. lOX - 1ft Plus 100% of utilities 11% plus 50% of R/O utilities rg5 and ��reat�o ENi 04ERA3I0NS untY Pa piANAGE� yera e Oak3arld �0 S FOR OAKS FCA�EO Aoo�m• A '(off gU1Ep1NG <1�LEIFOR (NE BEANS 1N 19g1 %39,9g9 y»9,g69 3 j $36 NO ;13 39 ,694 % Al 12g4 locate °n �q3 ,3� 5 27 SER N . N1;E GEN-REF Q 0AK5 WA �,15 ,441 AQQi50N OAKS CONFENE SEE RE ��5,565 EN FOR GONEESSION gLQO - � 5,p02 0 OAKS CWBUO�SE 5 O02 SPRtNGFJE, 110 SEPANA�E ChE $ 5,Om2 25,OgO RFORQ OAKS \SASE p00` -0- 51 % I5 m2 -0- ,- w � �an'CER PARK +�24,g65 _ 0�6 OAKLAND COUHIY PARKS AND RECREAIION COMISSION I ANALYSIS OF CONCESSION REM] i SALES ---------------------------------------------- FOR 111E YEARS INDICAIEO RF N1 RCCEIYEO FR011 CONCESSIONAIRE 1987 _______________________________________________________________________ CONCESSION ESIIMAIED 1989 PARK ------------------------------ 1980 -------- -------- 19EI 1982 -------- 1963 -------- ------ 1984- %- 1985 -------- 19BB -------- -------- 1987 SALES ---------- AERIAL ----------'___--- INCOME-- ADDISON OAKS CONFERENCE CENIER S38,105 $39,995 $42.289 $42,892 153,547 158,360 $66,132 159,469 $743,367 159,469 U11LIl IES SO SO $O SO SO SO $0 SO 0 10.000 $69.469 ADDISOR OAKS CONCESSION 1.266 1.495 1,394 1,277 1,671 1,674 1,651 1.626 14.780 - 1.774 OROYELAND OAKS 4.334 5.517 4,907 S,302 6,433 6,657 6,797 6.329 63,291 7.595 INDEPENDENCE OAKS 1,68B 1.742 1,491 1.650 2.051 2.293 2,447 2.795 27.953 3.354 GLEN OAKS 0 39.564 50.248 56,770 54,943. 60,357 62,201 72.711 727.417 81, 290 UIILIIIES 10.600 14.284 16,408 19,097 22.437 23.195 22.903 21,B12 0 21, 812 109.102 SPRINGF1111) OAKS CLUBHOUSE 2.848 3.527 3,715 3,943 6,878 B.381 8,096 B,t62 105.771 0 UIILIIIES 0 0 0 0 0 0 0 0 0 13.761 10111E IAK,E OAKS 17,432 15,953 11.97S 13,245 14,544 21,025 21.915 21.902 273.773 27.377 UT IL MET a 0 0 0 0 0 0 0 0 0 6,270 33,647 SPRINGFIELD OAKS YAC 1.742 1.766 1.154 1,428 1.731 1.595 1.354 1.713 34.261 3,426 WAIERFORO OAKS ACi1Y11Y CIA, 2.130 2,348 1.998 1.739 1.529 2,465 2,189 2.125 42,SD6 4.251 RED OAKS VAIER PARK 0 0 0 0 0 0 .0 11.961 108,740 11.961 UIILIIIES 0 0 0 0 0 0 0 0 0 S.OD2 16.963 NAIERFORO OAKS NAY[ POOL 5.732 6.524 6.708 7.905 8.831 7,363 0.299 7.452 67.741 7.452 UIILIIIES 0 0 0 0 0 0 0 0 0 2.501 9,953 IOIAL -------- -------- 185.877 $132.715 ................................................................. -------- -------- $142,287 9155,449 -------- 5174,625 -------- S193.365 -------- -------- ----- =---- $203,986 $218.388 -9.9% 17.209,600 .......... -------- -------- $273,295 ........ 'RAZE CHANGE IN 1964 -111V RATES SIARIING 19 1969 (SEE SCHEDULE Al NOIE: ALL RENI RECEIYEO OR 10 BE RECEIVED DOES NOI INCLUDE ANY PRIOR OR FUIURE 1MPROVEHENIS HAD[ BY 111E CONCESSIONAIRE. SCEIEDULE C FINAL I 9.3% 12.0% 12.0T 12.01 15.0I 13.0% 12.3% 10.0% 10.0% 15.61 14.7% 12.4T -25JI INCREASE EIGHTH AMENDMENT TO CONCESSION AGREEMENT THIS EIGHTH AMENDMENT is attached to and made a part of a certain Concession Agreement dated April 25, 1974, and revised on the 6th day of July 1994, by and between the COUNTY OF OAKLAND, a Michigan Constitutional Corporation, and E. A. FALLER OAK MANAGEMENT CORPORATION, (hereafter "Operator") a Michigan Corporation. The parties agree that the original CONCESSION AGREEMENT entered into between the parties on April 25, 1974, all seven (7) subsequent amendments thereto, shall continue and remain in full force and effect except as modified herein and shall constitute the entire agreement between the parties. E. A. FULLER OAK MANAGEMENT CORPORATION agrees that it shall assume all of the responsibilities and burdens of the "OPERATOR" and/or "Laffrey, Werthman and Fuller Restaurants Inc.", its predecessor corporation, contained in, the original.MNCESSION AGREEMENT and all prior amendments. WITNESSETH: A. Paragraph 1.3 of the concession Agreement is amended to include the following paragraph: "Providing Operator shall not be in default under the terms and conditions of this Agreement, it shall have the right at its option to extend the term of this Agreement for an additional five (5) year period, to commence on January 1, 2004 and to expire December 31, 2008. The percentages of the contract years under said extension are to be renegotiated for the five-year period of 2004-2008. The negotiations shall be completed within the first ninety (90) days of the new five-year period or the {agreement becomes null and void." II B. Paragraph 4.2 of the Concession'Agreement is hereby modified to substitute the following therefor in its entirety: 4.2 Payments by Operator Operator, in consideration of this Agreement, hereby covenants and agrees to pay to the County the following sums, to -wit: White Lake Oaks Operator shall pay rental of ten percent (10%) of total annual gross sales and twenty-five percent (25%) of utility costs. Addison Oaks Conference Center Operator shall pay rental of eight percent (8%) of total annual gross sales and twenty-five percent (25%) of utility costs. Springfield Oaks Golf Clubhouse Operator shall pay as rental ten percent (10%) of the total annual. gross'sales or one hundred percent (1000/6) of utility costs, whichever is greater. Springfield Oaks Activities Center Operator shall pay as rental ten percent (10%) of the total annual gross sales. Addison Oaks Concession Stand Operator shall pay as rental twelve percent (12%) of the total annual gross sales. Waterford Oaks Activity Center Operator shall pay as rental ten percent (10%) of the total annual gross sales. Red Oaks Wave Pool Concession Stand Operator shall pay as rental eleven percent (11%) of the total annual gross sales and one hundred percent (100%) of utility costs. Waterford Oaks Wave Pool Concession Stand 1 Operator shall pay as rental eleven percent (11%) of the total annual gross sales and fifty percent (50%) of the utility costs at the Red Oaks Waterpark. Groveland Oaks Concession Stand Operator shall pay as rental twelve percent (12%) of the total annual gross sales. Independence Oaks Concession Stand Operator shall pay as rental twelve percent (12%) of the total annual gross sales. Glen Oaks Golf Clubhouse Operator shall pay as rental twelve percent (12%) of the total annual gross sales and fifty percent (50%) of the utility costs. If the banquet facility is expanded, the operator shall pay, upon completion of expansion, thirteen and one-half percent (13.5%) of the total annual gross sales on the banquet facility, twelve percent (12%) of the total annual gross sales on the grill room facility and fifty percent (50%) of the utility costs. If the expansion of the banquet facility does not occur, the percentage rate will remain at 12 percent. The term gross sales shall include the gross amount of all sales of..evgry kind and description made in, upon or resulting from the conduct of the business of Operator upon the various recreational facilities covered by this Agreement, but after deduction therefrom refunds made in the normal course of business and amounts paid for sales tax. Net proceeds from vending machines shall be included in gross sales. All percentage payments provided hereunder shall be payable quarterly, not later than the thirtieth (30th) day following the end of the first three (3) months of operation and the end of each three (3) month period thereafter, and shall be based upon reports furnished by Operator to the County with such payments. Operator shall furnish to the County within sixty (60) days after the closing of each calendar year a report certified to by an officer of Operator, showing Operator's gross receipts during the preceding calendar year, the amount of any accumulated prior deficiency in percentage payments, and the i net percentage payment, if any, owing hereunder for such period, provided that, if at the end of any quarter it be determined that Operator has paid for said year to date a greater sum than would have been payable under the provisions hereof for such excess payment, IN WITNESS WHEREOF, EDWARD A. FULLER, President and Secretary of E. A. FULLER OAK MANAGEMENT, INC., hereby acknowledges that he has authority to execute this CONTRACT on behalf of E. A. FULLER OAK MANAGEMENT, INC.; a Michigan Corporation, and hereby accepts and binds E. A. FULLER OAK MANAGEMENT, INC., to terms and conditions of this EIGHTH AMENDMENT TO CONCESSION AGREEMENT on this 6th day of July, 1994. E. A. FULLER OAK MANAGEMENT, INC. a Michigan Corporation 44, ed" X& EDWARD A. FULLER President and Secretary i 0 E IKKAS tce President and Treasurer COUNTY OF OAKLAND, a Michigan Constitutional Corporation, by its Statutory Agent, the Oakland . County Parks and Recreation Commission PECKY D. LEWIS . Chairman RALPH RICHARD Manager NINTH AMENDMENT TO CONCESSION AGREEMENT THIS NINTH AMENDMENT is attached to and made a part of a certain Concession Agreement dated April 25, 1974, and revised on the fourth day of April, 1999, by and between the COUNTY OF OAKLAND (hereafter "County"), a Michigan Constitutional Corporation, and E. A. FULLER OAK MANAGEMENT CORPORATION (hereafter "Operator"), a Michigan Corporation. The parties agree that the original CONCESSION AGREEMENT entered into between the parties on April 25, 1974, and all eight (8) subsequent amendments thereto, shall continue and remain in full force and effect except as modified herein and shall constitute the entire agreement between the parties. E. A. FULLER OAK MANAGEMENT CORPORATION agrees that it shall assume all of -the responsibilities and burdens of the "OPERATOR" and/or "Laffrey, Werthman and Fuller Restaurants Inc.", its predecessor corporation, contained in the original CONCESSION AGREEMENT and all prior amendments. WITNESSETH: A. Paragraph 4.2 of the Concession Agreement is hereby modified to substitute the following therefore in its entirety: 4.2 Payments by Operator Operator, in consideration of this Agreement, hereby covenants and agrees to pay to the County the following sums, to -wit: White Lake Oaks Operator shall pay rental of ten percent (10%) of total annual gross sales and twenty-five percent (25%) of utility costs. Addison Oaks Conference Center Operator shall pay rental of eight percent (8%) of total annual gross sales and twenty-five 1 percent (25%) of utility costs. Springfield Oaks Golf Clubhouse Operator shall pay as rental ten percent (10%) of the total annual gross sales or one hundred percent (100%) of utility costs, whichever is greater. Springfield Oaks Activities Center Operator shall pay as rental ten percent (10%) of the total annual gross sales. Addison Oaks Concession Stand Operator shall pay as rental twelve percent (12%) of the total annual gross sales. Waterford Oaks Activity Center Operator shall pay as rental ten percent (10%) of the total annual gross sales. Red Oaks Wave Pool Concession Stand Operator shall pay as rental eleven percent (11%) of the total annual gross sales and one hundred percent (100%) of utility costs. Waterford Oaks Wave Pool Concession Stand Operator shall pay as rental eleven percent (11%) of the total annual gross sales and one hundred percent (100%) of the utility costs. Groveland Oaks Concession Stand Operator shall pay as rental twelve percent (12%) of the total annual gross sales. Independence Oaks Concession Stand Operator shall pay as rental twelve percent (12%) of the total annual gross sales. Glen Oaks Golf Clubhouse Operator shall pay as rental thirteen and one-half percent (13.5%) of the total annual gross sales on the banquet facility, twelve percent (12%) of the total annual gross sales on the grill room facility and fifty percent (50%) of the utility costs. 2 The tern gross sales shall include the gross amount of all sales of every kind and description made in, upon or resulting from the conduct of the business of Operator upon die various recreational facilities covered by this Agreement, but after deduction therefrom refunds made in the normal course of business and amounts paid for sales tax. Net proceeds from vending machines shall be included in gross sales. All percentage payments provided hereunder shall be payable quarterly, not later than the thirtieth (30th) day following the end of the first three (3) months of operation and the end of each three (3) month period thereafter, and shall be based upon reports furnished by Operator to the County with such payments. Operator shall furnish to the County within sixty (60) days after the closing of each calendar year a report certified to by an officer of Operator, showing Operator's gross receipts during the preceding calendar year, the amount of any accumulated prior deficiency in percentage payments, and the net percentage payment, if any, owing hereunder for such period, provided that, if at the end of any quarter it be determined that Operator has paid for said year to date a greater sum than would have been payable under the provisions hereof for such excess payment. IN WITNESS WHEREOF, ED WARD A. FULLER, President and Secretary of E. A. FULLER OAK MANAGEMENT, CORPORATION, hereby acknowledges that he has authority to execute this CONTRACT on behalf of E. A. FULLER OAK MANAGEMENT, CORPORATION, a Michigan Corporation, and hereby accepts and binds E. A. FULLER OAK MANAGEMENT, CORPORATION, to terms and conditions of this NINTH AMENDMENT TO CONCESSION AGREEMENT on this fourth day of April, 1999. 3 WITNESSES: E. A. ER OAK MANAGEMENT, CORP. a chi an Corporation /fin 4 ec e ED RD A. FU ER Pres'de t and Secretar bAlUE—LJ, SHA Vice President — COUNTY OF OAKLAND, a Michigan Constitutional Corporation, by its Statutory Agent, the Oakland County Parks and Recreation Commission ECKY b . LEWI , JR. Chairman RALPH RICHARD Executive Officer 4 TENTH AMENDMENT TO CONCESSION AGREEMNN THIS TENTH AMENDMENT is attached to and made a part of a certain Concession Agreement dated April 25, 1974, and revised on the fourth day of April, 1999, by and between the COUNTY OF OAKL AND (hereafter "County"), a Michigan Constitutional Corporation, and E. A. FULLER OAK MANAGEMENT CORPORATION (hereafter "Operator"), a Michigan Corporation, The parties agree that the original CONCESSION AGREEMENT entered into between the parties on April 25, 1974, and all nine (9) subsequent amendments thereto, shall continue and remain in full force and effect except as modified herein and shall constitute the entire agreement between the parties. E. A. FULLER OAK MANAGEMENT CORPORATION agrees that it shall assume all of the responsibilities and burdens of the "OPERATOR" and/or "Laffrey, Weitliman and Fuller Restaurants Inc.", its predecessor corporation, contained in the original CONCESSION AGREEMENT and all prior amendments. WITNESSETH: A. Paragraph 1.3 of the Concession Agreement is amended to include the following paragraph: "Providing Operator shall not be in default under the terms and conditions of this Agreement, it shall have the right at its option to extend the term of this Agreement for an additional seven (7) year period, to commence on January 1, 2009 and to expire December 31, 2015: The percentages of the contract years under said extension are to be renegotiated for the seven-year period of 2009-2015. The negotiations shall be completed within the first ninety (90) days of die new seven-year period or die Agreement becomes null and void." I B. Paragraph 4.2 of the Concession Agreement is hereby modified to substitute the following therefore in its entirety: 4.2 Payments by Operator Operator, in consideration of this Agreement, hereby covenants and agrees to pay to the County the following sums, to -wit: White Lake Oaks Operator shall pay rental often percent (10%) of total amoral gross sales and twenty-five percent (25%) of utility costs. Addison Oaks Conference Center Operator shall pay rental of eight percent (8%) of total annual gross sales and twenty-five percent (25%) of utility costs. Springfield Oaks Golf Clubhouse Operator shall pay as rental ten percent (10%) of the total annual gross sales or one hundred percent (100%) of utility costs, whichever is greater. Springfield Oaks Activities Center Operator shall pay as rental ten percent (10%) of the total annual gross sales. Addison Oaks Concession Stand Operator shall pay as rental twelve percent (12%) ofthe total annual gross sales. Waterford Oaks Activity Center Operator shall pay as rental ten percent (10%) of the total annual gross sales. Red Oaks Wave Pool Concession Stand Operator shall pay as rental eleven percent (11%) of the total annual gross sales and one hundred percent (100%) of utility costs. 2 Waterford Oaks Wave Pool Concession Stand Operator shall pay as rental eleven percent (11%) of the total annual gross sales and one hundred percent (100%) of the utility costs. Groveland Oaks Concession Stand Operator shall pay as rental twelve percent (12%) of the total annual gross sales. Independence Oaks Concession Stand Operator shall pay as rental twelve percent (12%) of the total annual gross sales. Glen Oaks Golf Clubhouse Operator shall pay as rental thirteen and one-half percent (13.5%) of the total annual gross sales on the banquet facility, twelve percent (12%) of the total annual gross sales on the grill room facility and fifty percent (50°/u) of the utility costs. Lyon Oaks Golf Clubhouse After completion of the clubhouse banquet facility, Operator shall pay as rental three percent (3%) of the total annual gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales'over $500,000 on the banquet facility and grill room and twenty-five percent (25%) of the utility costs through December 31, 2000; three percent (3%) of the total annual gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales over $500,000 on the banquet facility and grill room and twenty-five percent (25%) of the utility costs through December 31, 2001; nine percent (9%) of the total annual gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales over $500,000 on the banquet facility and grill room and twenty-five percent (25%) of the utility costs through December 31, 2002; twelve percent (12%) of the total annual gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales over $500,000 on the banquet facility and grill room and twenty-five percent (25%) of the utility costs through December 31, 2003. 3 The term gross sales shall include the gross amount of all sales of every kind and description made in, upon or resulting from the conduct of the business of Operator upon the various recreational facilities covered by this Agreement, but after deduction therefrom refunds made in the normal course of business and amounts paid for sales tax. Net proceeds from vending machines shall be included in gross sales. All percentage payments provided hereunder shall be payable quarterly, not later than the thirtieth (30th) day following the end of the first three (3) months of operation and the end of each three (3) month period thereafter, and shall be based upon reports furnished by Operator to the County with such payments. Operator shall furnish to the County within sixty (60) days after the closing of each calendar year a report certified to by an officer of Operator, showing Operator's gross receipts during the preceding calendar year, the amount of any accumulated prior deficiency in percentage payments, and the net percentage payment, if any, owing hereunder for such period, provided that, if at the end of any quarter it be determined that Operator bas paid for said year to date a greater sum than would have been payable under the provisions hereof for such excess payment. IN WITNESS WHEREOF, EDWARD A. FULLER, President and Secretary of E. A. FULLER OAK MANAGEMENT, CORPORATION, hereby acknowledges that he has. authority to execute this CONTRACT on behalf of E. A. FULLER OAK MANAGEMENT, CORPORATION, a Michigan Corporation, and hereby accepts and binds E. A. FULLER OAK MANAGEMENT, CORPORATION, to terms and conditions of this NINTH AMENDMENT TO CONCESSION AGREEMENT on this fourth day of April, 1999. 4 WITNESSES: n anc E. A.FUJER OAK MANAGEMENT, CORP. a Mic �'gp Corporation /j TA. and Vice President COUNTY OF OAKLAND, a Michigan Constitutional Corporation, by its Statutory Agent, die Oakland County Parks an Recreation Commission Lh PEERY D. LEWIS, R. Chairman f � �'/� � RALPH RICHARD Executive Officer PU - pl�lc W'ate•rford Oaks Wave Pool Concession Stand Operator shall pay as rental eleven percent (1 1%) of the total annual gross sales and one hllndrQd percent (100%) of the utility co�,.ts. Groveland Oaks Concession Stand Operator shall pay as rental twelve percent (12%) of the total annual °ross sales.. Independence Oaks Concession Stand Operator shall pay zs rental twelve percent (12%) of the total annual gross. sales. Glen Oaks 601f Clubhouse Operator shall pay as rental thirteen and one-half percent (I3.5%) of the total annual gross sales on the banquet facility, twelve percent (12%) of the total annual'Qross sales on the grill room facility and fifty percent (50%) of the utility costs. Lvon Oaks Golf Clubhouse After completion' of the clubhouse banquet facility, Operator shall pay as rental three percent • .(3%) of tlae total annual dross sale; up to 5500,000 and thirteen and one-half percent (I3.5%°) of total annual gross sales over S500,000 on the banquet facility and QriIl room and twenty-five percent (25%) of the utility costs through December 31, 2414/Gs three percent (3%) of the total annual Gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales overS500,000 on the i banquet facility and grill room and nventy-five percent (25%) of the utility costs through December 3 1, v nine percent (9%) of the total annual gross sale$;up to 5500'000 and thireen and one-half percent r (13.5%) of total annual °ross sales over S500,000 on the banquet facility and °rill room and twenty-five �p ad percent (23%) of the utility costs through December 31, twelve percent (12%°) of the total annual Gross safes up to S5.00,000 and diiirteen and one-half percent( 13.5%) of total annual gross sales over 5500.000 on the banquet facility and grill.room and twenty-five percent.(25910) of the utility costs a. ot�.S• through December 31=20;, JS_ O 11 /29/06 Item #9 - CORRECTION COMMUNTY FORESTRY GRANT ACCEPTANCE AND FY2007 BUDGET AMENDMENT Staff has been notified of that Oakland County Parks and Recreation has been awarded a $3,000 matching grant to offset the cost of park reforestation efforts. The $3,000 reimbursement grant (50/50) will help offset the cost of the current tree planting at Groveland Oaks campground. Matching funds for this grant were allocated as part of the park forestry program for fiscal year 2007. Staff recommends the Parks Commission adopt the attached resolution to support the acceptance of this grant award and approve the amendments to the FY2007 Budget. 9 -1 CORRECTION 11 /29/06 RESOLUTION IN SUPPORT OF THE ACCEPTANCE OF THE 2006-2007 COMMUNITY FORESTRY GRANT WHEREAS, Oakland County Park and Recreation has been notified of the award of a 2006-2007 COMMUNITY FORESTRY GRANT, administered by the Michigan Department of Natural Resources; and WHEREAS, the $3,000.00 reimbursement grant will help offset the cost of reforestation efforts at the Groveland Oaks Campground that has been budgeted for fiscal year 2007; and WHEREAS, the matching funds for the COMMUNITY FORESTRY GRANT will come from the mil for parks; NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission supports the acceptance of the 2006-2007 COMMUNITY FORESTRY GRANT. BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission approves the following amendment to the Fiscal Year 2007 Groveland Oaks budget: BUDGET AMENDMENT Revenue Groveland Oaks — General Services, Parks — Operating Contributions 5060720-160070-650104 $3,000.00 Expense Groveland Oaks — General Services, Parks — Operating Contributions 5060720-160070-730814 $3,000.00 -$0- Moved by: Supported by: Date: Subscribed and sworn before me, a Notary Public in and for the County of Oakland and the State of Michigan, the day of NOVEMBER, 2006. 9-2 ITEM # 10 DTE FOUNDATION TREE PLANTING GRANT Staff has been notified of the DTE Foundation Tree Planting Grant Program administered through the Department of Natural Resources. The $3,000 matching grant (50/50) will help offset the cost of park reforestation efforts. Matching funds have been allocated as part of the park forestry program for fiscal year 2007. Staff recommends the Parks Commission adopt the attached resolution to support this application. 10-1 RESOLUTION IN SUPPORT OF THE APPLICATION FOR A DTE FOUNDATION TREE PLANTING GRANT WHEREAS, Oakland County Parks and Recreation has been severely impacted by the effects of the Emerald Ash Borer infestation; and WHEREAS, Oakland County Park staff has been notified of funding opportunities for replacement tree material through the DTE ENERGY FOUNDATION TREE PLANTING GRANT PROGRAM, administered by the Michigan Department of Natural Resources; and WHEREAS, matching funds for the $3,000 TREE PLANTING GRANT will come from the % mil for parks. NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation Commission supports the application for the DTE ENERGY FOUNDATION TREE PLANTING GRANT. Moved by: Supported by: Date: Subscribed and sworn before me, a Notary Public in and for the County of Oakland and the State of Michigan, the day of NOVEMBER, 2006. 10-2 Bid Items #11 a. Tornado BF 4-Wheel Pedal Karts — Addison Oaks b. Pre -Manufactured Bridge and Installation — Independence Oaks Connector Trail c. Refrigeration Tubing — Waterford Oaks Fridge Toboggan Run ITEM # 11a Tornado BF 4-Wheel Pedal Karts ADDISON OAKS Bids were requested for the purchase of six Tornado BF 4-Wheel Pedal Karts for rental at Addison Oaks. The Pedal Karts will be used at the Addison Oaks bike rental facility in conjunction with the mountain bike rentals. They are additional bikes for Addison Oaks and are expected to provide ten years of service. These types of bikes have been used at Groveland Oaks since 1999 with a fleet of 20, and since 2001 with a fleet of 30. Over the past eight years they have generated a total of $99,364.00, with an expenditure cost of $23,756.00 — a net revenue of $75,608.00. Bids were sent to ten companies, with only one response as follows: Prime Pedal Karts LLC New Berlin, WI Bennett Brother Inc., Chicago, IL Kinetic Systems, Clarkston, MI D & D Bicycle Service Inc., Westland, MI Bike USA Inc., Birmingham, MI Antoon's Bicycle Inc., Sterling Heights, MI WAHU Bicycle Company, Rochester, MI New Moon Ski & Bike Shop, Hayward, WI Prime Vendor Inc., Wilmington, NC US Games, Carrollton, TX $ 4,944.00 No Bid No Response No Response No Response No Response Returned Undeliverable No Response No Response No Response Staff is recommending awarding the bid to Prime Pedal Karts LLC in the amount of $4,944.00. There is $5,000.00 budgeted in the Addison Oaks Operating Budget for this purchase. lla-1 ITEM # llb PRE -MANUFACTURED BRIDGE & INSTALLATION INDEPENDENCE OAKS — CONNECTOR TRAIL Oakland County Parks and Recreation has received a Michigan Natural Resources Trust Fund Developmental Grant to build approximately 1,100-foot boardwalk, with a bridge over the Clinton River and an asphalt path, to connect Camp Wilderness (Organizational Youth Campground) to the beach and other park recreational facilities at Independence Oaks. The boardwalk, along with approximately 5,000-feet of asphalt trail, will also complete a 2.1-mile improved surface trail loop through the park. The 8-foot wide boardwalk (partially completed) and bridge foundation will be installed and constructed by OCPR Technical Support staff, over the next year. Staff has bid this bridge and installation twice, receiving only one bid from Custom Manufacturing, Inc. of Clinton, Wisconsin in the amount of $26,200 each time. Staff had sent several sets of project plans and received numerous phone calls with other interested vendors and contractors; however, due to apparent project parameters, these vendors were not interested in submitting a proposal. Staff did notify the interested vendors that alternate bridge and installation solutions to complete this project would be considered. Staff recommends awarding a contract to Custom Manufacturing, Inc. in the amount of $26,200, plus a 5% contingency of $1,310.00, for a total approved budgeted amount of $27,510.00. The approved Capital Improvement Budget for this project is $365,000, with approved project expenditures to date of $249,032.65; 60% of this budget will be reimbursed by the MNRTF grant. llb-1 ITEM # 11c REFRIGERATION TUBING WATERFORD OAKS FRIDGE TOBOGGAN RUN We have received from Purchasing the following bids for the purchase of replacement refrigeration tubing and eyelets for the Refrigerated Toboggan Run at Waterford Oaks: Calmec $6,121.63 Fair Lawn, NJ Young Supply No response Pontiac, MI Forma Kool No response Chesterfield, MI Steele -Johnson No Bid Auburn Hills, MI Mathisen No Bid Orion, MI The new tubing will replace worn out tubing used in the cooling and ice making operation of the flumes for the Refrigerated Toboggan Run at Waterford Oaks. This purchase is critical to the operation and opening of the Toboggan Run this winter. The bid request was submitted early to ensure we receive the material in time for its installation for this winter's operation. Because of the urgency, we are requesting approval to purchase from the single bidder. We have purchased the material from this company in past years. Therefore, staff recommends awarding the purchase of the tubing and eyelets to Calmec for $6,121.63. There is $6,500 budgeted in the park's FY 2007 Operating Budget Equipment Repair line item for this project. ITEM # 12 ACCOUNTS RECEIVABLE WRITE OFF WATERFORD OAKS WATERPARK Staff is requesting Commission approval for an accounts receivable write off of $50 owed by Danielle Hurt from a beginner swim lesson at Waterford Oaks Waterpark on August 1, 2005. Mrs. Hurt had promised the park supervisor at the time that Easter Seals would pay for the lesson, but she would need time to submit the bill. When asked after the session was over where payment was, she explained that it was being processed and should arrive later that week. Staff has made several attempts to collect this outstanding amount, including telephone calls to Mrs. Hurt and Easter Seals, but with no response. If Mrs. Hurt wishes to enroll her daughter in swim lessons in the future, she will be required to pay this amount before she can enroll in another swim session. We need to resolve this issue to close the books; therefore, staff is requesting approval to remove this item from the receivable account. 12-1 A��TAKLAND Waletion f gals Wolof Paz & INVOICE ' - Please make check payable to: 8 Oakland County Parks 28UOWatkins Lake Road VVoterfond, Michigan 48328 Attn: Gloria Buchanan ' C48\858-4814phone , C�48)858-1O83foX `- ' Invoice - Company: Danielle Hurt Contact: Keile Adams -Brown Pontiac, MI 48341 Fax: Price Amount Beginner Swim Lesson $50.00 $50.00 RIA711tv We, AM ^ . NalC0m TO dO Oakland C�-ofl�/ pa'' For Office Use Only: Hoterford Mdvo Po ','|/j^, ` ,. "� �A � ` _ � � ' 8| |8[mlD8| J C|a/L v]( . ,/. �; �_',�| M. SwiN Lesson, Ro�|;l! y j,o Z//x + lo- ' K4Y1,01- by AoCOu0t AcDt: Ewlt.022 08/01/2'»'�. Change We * 0,80 � [uiu| Cuo|: * 5U.00 Customeroopy____ AccOunUnocopy____ Park copy ITEM #13 2006 MARKETING COMMUNICATIONS REPORT The Communications and Marketing Report for the summer of 2006 follows for Commission information and review. The report provides data on some of the significant marketing efforts and results. 13-1 SUMMER 2006 MARKETING REPORT Highlights Oakland County Parks and Recreation attendance reached 1.5 million visits for FY 2006, compared to last year's 1.6 million. Web Site Impact During FY 2006, the web site had nearly 1.2 million visitors, or about 3,200 visitors per day. Other highlights of web page views include: 78,000 page views for Red Oaks Waterpark, nearly 73,000 for Waterford Oaks Waterpark and 38,000 for the Fridge toboggan run. Camping attracted nearly 26,000 page views, while golf and trails pages each drew approximately 20,000. In the past year, Public Communications staff received and responded to more than 500 email inquiries. Of 57 parks and recreation spring/summer events submitted to Great Stuff to Do, 44 were posted on the events web service, with 189,000 subscribers. More than 300 agencies, partners and organizations provide a reference or link from their website to the Oakland County Parks web site. Waterparks Moderate temperatures, fuel prices and family economic challenges likely impacted waterpark numbers. Attendance at Red Oaks reached 66,235, compared to last year's 107,170. At Waterford Oaks, visitors numbered 53,911 in comparison to 2005 attendance, which was 85,649. 1 13-2 Nearly 6,100 waterpark discount coupons, downloaded from the web site, were redeemed at Red Oaks and Waterford Oaks Waterparks, compared to 8,000 the previous season. The on- line Wave Saver waterpark ticket program sold 139 ten -ticket packages. A mailing, targeted to north Oakland County to encourage more attendance at Waterford Oaks, resulted in minimal response. Of 48,000 post cards mailed to households with children, only 608 were redeemed. This direct mail effort, along with others previously eliminated, will be discontinued. Advertising on WJBK-TV Channel 2 was challenging to measure: however; visits to the waterpark web pages increased during the advertising period. Group Sales Sales of waterpark consignment tickets through Leisure Pursuits/MRPA (Michigan Recreation and Park Association) increased again this year to $114,871, up from 105,131 in 2005. A total of 1,838 Oakland County Parks vehicle permits were sold at offsite locations, compared to 1,608 last year. (In 2005, 5,681 Oakland County Parks vehicle permits were sold.) The number of dual Oakland County Parks/Metroparks passes sold offsite reached 253 during 2006, up from 165 in 2005. (A total 2,224 of these passes were sold.) 2 13-3 Camping During the 2006 season, 53,800 campers chose Addison Oaks, compared to 70,653 in 2005. At Groveland Oaks, numbers reached 107,114, up from 100,472 last year. While there were no special online discounts, 270 campers purchased 270 coupon booklets at $20 each offering price reductions for activities at Groveland Oaks. The Camp Wilderness youth group area at Independence Oaks was utilized by 1,168 campers, compared to 840 in 2005. Golf Courses 2005. Rounds for the five golf courses totaled 185,066 compared to 186,742 in For the second year, a 15-week promotion in the Observer & Eccentric newspapers and online, drew large participation at Springfield Oaks, with 4,665 redemptions (659 last year) for $5 off greens fees. The largest number of golfers was drawn from Clarkston, Waterford, Troy, and Bloomfield Hills. White Lake Oaks was included in the promotion this year, resulting in 61 discounts. The popular Golfer Loyalty Program continued at Glen Oaks, Red Oaks, Springfield Oaks and White Lake Oaks. A total of 2,180 golfers earned a free 71. Yellow Pages Internet Ads New this year was advertising for the campgrounds, Fridge toboggan run and golf courses via Yellow pages Internet ads. The golf ads resulted in several 13 A thousand impressions and more than 300 "click throughs" to the park system golf course web pages. Seasonal Staff DVD A visual staff orientation refresher was created on DVD and provided to all of the parks and golf courses --to be reviewed by returning seasonal staff. The presentation included comments on customer service from administrative staff, and specific reminders for procedural and safety issues. Promotional DVD A seven -minute visual, narrated DVD was created for showing at presentations to cities, villages and townships. The DVD will also be provided to cable television stations, and shown to organizations. 4 13-5 ITEM # 14 IN-HOUSE BUYER ASSIGNMENT Parks Commission staff and County Executive Purchasing staff have been discussing the possibility of assigning one Buyer to the Commission who would be responsible for all of its purchases, rather than staff having to deal with different Buyers handling different commodities. As a result, the Purchasing Division will be assigning a Buyer who will be stationed in the Administration Building for the purpose of facilitating all of the Commission's purchases. Staff will introduce the assigned Buyer at the Commission meeting. 14-1 ITEM #15 EXECUTIVE SESSION Staff is requesting an Executive Session to discuss a proposed land acquisition. 15-1 ITEM #16 EXECUTIVE OFFICER'S REPORT ---Website Award: The parks system's website won first place in the informational category of the Troy Chamber of Commerce Internettroy Committee's 2006 Helen eWards competition. ---Nature Center Coalition: On Thursday, November 2, 2006 staff met with local parks and recreation and school administrators at the Lloyd A. Stage Nature Center in Troy. The purpose of this meeting was to develop a plan on how we can build partnerships with each other and assist with the development of a focus group. Staff was very excited about the outcome of this meeting. We had seven communities that were represented and a great turnout from the Detroit Zoo. Staff has established a focus group and will be meeting again in January. ---Access to Recreation Grant Funding: Attached is a report with information on a grant funding initiative called Access to Recreation being made available through the Michigan Recreation and Park Association. The report details projects staff has identified might qualify for this funding. Award recipients will be announced at the 2007 MRPA Annual Conference. ---Springfield Oaks Activity Center Projects Update: Also attached for your information is a report detailing the status of the projects currently underway at the Springfield Oaks Activity Center. ---2006 Waterpark Report: A third report attached for your information is the summary on the Red Oaks and Waterford Oaks Waterparks 2006 season. Staff will be available to answer any questions you may have. ---CVT Presentations: The list of scheduled city/village/township presentations, current as of 11/20/06, is also provided for your information. 16-1 ACCESS TO RECREATION The W.K. Kellogg's Foundation is committing $15,000,000 to fund the "Access to Recreation" initiative. This program is designed to stimulate the development of creative, universally designed, recreation experiences that invite, welcome and support the inclusion of all people, of all abilities in communities throughout Michigan. Access Recreation is a collaborative effort of the Michigan Recreation and Parks Association, Michigan Department of Natural Resources, and Midwest Community Foundations' Ventures. The Oakland County Parks Access Team met and reviewed the two grant options, along with utilizing the ADA Transition Plan: Accessible by Design Awards - This program is designed to stimulate the development of creative universally designed recreation experiences. The design must demonstrate going above and beyond the minimum requirements of the American with Disabilities Act and will create greater access. Grant funding categories: $100,000/$150,000/$200,000. Proposed idea — Waterford Oaks Accessible Playground. Funds are already allocated in the Fiscal Year 2007 Capital Improvement Projects Budget for this project. Deadline for proposals — January 12, 2007 Recreation Access Matching Grants — This program will provide up to 50% matching funds (up to $10,000 maximum) for the purchase of universally accessible recreation equipment and materials which will enhance recreation participation by people with disabilities. Proposed ideas: # 1 Independence Oaks — Create a nature interpretation program that utilizes a pontoon boat. The pontoon boat would be handicapped accessible, so that all people could benefit from the program (individuals with disabilities, intergenerational, senior, etc.). #2 Golf Course — Purchase four more accessible golf carts (single riders) to enable us to increase the number of individuals with disabilities utilizing our golf courses. Deadline for proposal — January 5, 2007 Award recipients will be announced at the 2007 Michigan Recreation and Park Association Annual Conference, which is being held February 6-9, 2007. 16-2 Springfield Oaks 4-H Fairgrounds Project Updates Staff and 4-H are currently working on three capital projects at Springfield Oaks Fairgrounds. Below is an executive report on completion and value of construction to date: 1) Sanitary System and Septic Field ($218,000 budget) a. OCPR purchased all the system materials and 4-H completed the installation with volunteers, equipment donations and monetary donations. b. Sanitary system and field is 90% complete. c. OCPR Material expenditures = $ 78,134.32 d. Estimated labor value = $ 53,642.50 e. Approximate value = $131,776.82 2) 4-H Office/Restroom (Master Plan - Building E) ($74,000 partial estimate) a. 4-H to purchase and install entire building shell and concrete. b. Building is 50% complete. c. OCPR material expenditures = $ 4,131.32 d. 4-H material expenditures = $28,434.22 e. Estimated labor value = $ 2,365.00 f. Approximate value = $34,930.54 3) Electrical Upgrade ($28,500 budget) a. OCPR purchased all the electrical materials and 4-H completed the installation with volunteers, equipment donations and monetary donations. b. Electrical upgrade is 75% complete. c. OCPR material expenditures = $28,500.00 d. Estimated labor value = $ 6,839.72 e. Approximate value = $35,339.72 Staff will be present to answer any questions regarding the above projects. 16-3 RED OAKS AND WATERFORD OAKS WATERPARKS 2006 SEASON Red Oaks and Waterford Oaks had a great season again this year, open 98 days - 3 more than last year. For the first time in five years, we were open on Memorial Day to record -breaking 90 degree temperatures. However, we closed the season with the worst Labor Day Weekend in the past 5 years, with 50 degree weather that closed the park 3 of the 4 holiday days. See the attached comparison summary for details. Both parks had over 80% of the staff members return, and end -of -the -season staff evaluations concluded that staff enjoyed their jobs and most plan to return next season. We implemented a new program at Red Oaks Waterpark, a two -week Water Aerobics class that had 9 participants. The evaluations returned said the program was excellent and must be offered again next year. We continued with the end of the season Dog swim. We again had over 100 dogs participate, despite the cold 60 degree weather. Waterford Oaks and Red Oaks both experienced a drop in swim lesson attendance. Red Oaks came in under budget by $2,520, and is considering options to revise the swim lesson program for 2007. Waterford Oaks was directly affected by the new indoor swim lesson program offered through Waterford Schools. Residents reported that many preferred lessons indoors so as not to be affected by inclement weather. Group attendance was down from previous years (see attached report), most likely due to reduction in school budgets and other Michigan agencies. A new marketing plan is being developed for the 2007 summer season. Safety was first priority, and both parks reported a safe season with no serious injuries. Overall, the season was a success. 16-4 Fes+ cis Ln RED OAKS COMPARISON SUMMARY 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 REVENUE $1,061,947 $1,137,000.00 $720,617 $740,195 $793,815 $571,854 $349,267 $465,206 $531,175 $414,646 EXPENSES $1,406,439 1,387,000 1,304,011 1,054,892 1,102,192 595,664 576,180 676,821 558,979 505,315 ATTENDANCE 87036 103132 65263 78687 85858 79000 43445 61975 73721 59759 DAYS OPEN 98 95 95 92 98 98 90 95 95 89 AVG # GUESTS/DAY OPEN 785 1086 687 855 876 806 483 652 776 671 AVG REV/DAY OPEN $10,836 $11,968 $7,585 $8,046 $8,100 $5,835 $3,881 $4,897 $5,591 $4,659 AVG EXP/DAY OPEN $14,351 $14,600 $13,726 $11,466 $11,247 $6,078 $6,402 $7,124 $5,884 $5,678 AVG REV/GUEST/DAY OPEN $13.80 $11.02 $11.04 $9.41 $9.25 $7.24 $8.04 $7.51 $7.21 $6.94 AVG EXP/GUEST/DAY OPEN $18.28 $13.45 $19.98 $13.41 $12.84 $7.54 $13.26 $10.92 $7.58 $8.46 • of Day Users 86 83 88 • of Twilight Users 14 17 12 • of Resident Customers 55 56 62 % of Non -Res Customers 45 44 38 GROUPS Group Attendance 16552 17,142 13,368 Revenue from Groups $110,789 $116,745 $103,946 of Total Rev. from Groups 12 14 16 • of Resident Groups 7 5 8.5 • of Non -Resident Groups 5 8 7 WATERFORD OAKS COMPARISON SUMMARY 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 REVENUE $842,184 $906,947 $718,454 $762,952 $881,112 $937,245 $640,788 $801,077 $756,459 $538,674 EXPENSES $1,008,769 $827,139 $717,085 $864,142 $852,913 $632,376 $624,283 $699,225 $655,243 $538,674 ATTENDANCE 77000 90642 73052 87639 98728 106680 68379 90993 86661 68603 DAYS OPEN 98 95 95 92 98 98 90 95 95 89 AVG # GUESTS/DAY OPEN 785 954 769 953 1007 1089 760 958 912 771 AVG REV/DAY OPEN $8,594 $9,547 $7,563 $8,293 $8,991 $9,564 $7,120 $8,432 $7,963 $6,053 AVG EXP/DAY OPEN $10,294 $8,707 $7,548 $9,393 $8,703 $6,453 $6,936 $7,360 $6,897 $6,053 AVG REV/GUEST/DAY OPEN $10.95 $10.01 $9.83 $8.71 $8.92 $8.79 $9.37 $8.80 $8.73 $7.85 AVG EXP/GUEST/DAY OPEN $13.11 $9.13 $9.82 $9.86 $8.64 $5.93 $9.13 $7.68 $7.56 $7.85 • of Day Users 85 87 89 • of Twilight Users 15 13 11 % of Resident Customers 81 82 88 % of Non -Res Customers 19 18 12 GROUPS Group Attendance 14,855 16,946 18,271 Revenue from Groups $106,849 $121,764 $119,561 • of Total Rev. from Grou s 13.5 16.5 • of Resident Groups 81 84 82 • of Non -Resident Groups 19 16 18 CVT Presentations Updated 11 /20/06 CVT Date Time Staff Location Springfield Twp. 10/10/06 7 p.m. J. Figa/ Springfield P & R Bd. J. Pung Conf., LL Twp. Hall Oxford Twp. 10/11/06 7:30 p.m. J. Figa Oxford Twp, Veteran's Hall Highland Twp. 10/16/06 10:30 a.m. J. Figa Lake Orion Village 10/23/06 7:30 p.m. J. Pung/ 37 W. Flint, Lake C. Herb Orion Holly Twp. 10/24/06 2:30 p.m. J. Figa Holly Twp. Hall Oxford Village 10/24/06 7:30 p.m. J. Pung/ Oxford Village, 22 W. C. Herb Burdick Madison Heights 10/26/06 1:30 p.m. S. Wells/ D. Stencil Farmington Hills 11/3106 1:30 p.m. S. Wells/ J. Figa Royal Oak 1116/06 3 p.m. S. Wells/ D. Stencil City of Troy 11/7/06 2 p.m. J. Pung/ Troy City Hall, 2" Floor Wixom 11/7/06 12:30 p.m. F. Trionfi/ Wixom City Hall J. Dunleavy Northville City 11/8/06 7 p.m. F. Trionfi/ Senior Center M. Thibodeau Birmingham 11/9/06 9 a.m. J. Pung/ 851 Eton St. B'ham J. Dunleavy Leonard Village 11/13/06 7 p.m. J. Pung/ 23 East Elmwood, J. Dunleavy Rowland Hall Groveland Twp. 11/13/06 7 p.m. D. Stencil/ Groveland Twp. Hall J. Dunleavy Lyon Twp/South 11/14/06 11:30 a.m. J. Dunleavy South Lyon City Hall Lyon City of Novi 11/14/06 1:30 p.m. S. Wells/ Parks & Rec. Offices F. Trionfi Oak Park 11/15/06 7 p.m. S. Wells/ Pontiac 11/16/06 5:30 p.m. J. Pung/ City of Pontiac D. Stencil Waterford Twp. 11/20/06 3 p.m. J. Figa Waterford Twp. Oakland Twp. 11/29/06 7 p.m. D. Stencil/ J. Dunleavy Wolverine Village 124106 7:30 p.m. F. Trinofi/ Village Offices Orion Township 12/4/06 7 p.m. J. Pung Orion Twp. Offices Police Bloomfield 1/4107 2 p.m. J. Pung/ Bloomfield Twp, Sm. Township Conf. Room City of Rochester 1/8/07 7:30 p.m. D. Stencil/ 4006 th St., Municipal Bldg, City Council 16-6