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September 20, 2007
Oakland County Parks
and Recreation Commission
Oakland County, Michigan
Commissioners:
A meeting has been called of the Parks and Recreation Commission as follows:
PLACE ....................... New 4-11 Fair Office Bldg
Springfield Oaks County Park
12451 Andersonville Rd.
Davisburg, MI 48350
TIME ........................ Friday, September 28, 2007
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.
Sincerely,
C�
Daniel J. Stencil
Pecky D. Lewis. Jr. Executive Officer
Chairman Parks and Recreation
Richard Skarritt
Vice Chairman
J. David VanderVeen
Secretary Next Meetings: Wednesday, November 7; Regular Meeting
Hugh D. Crawford
Vincent Gregory
Eileen T. Kowall
John P. McCulloch Note:
Charles Palmer
John Richards Please note the date and location change of this meeting.
�{ elley G. Taub
Daniel J. Stencil
Map enclosed.
Executive Officer
D:\$Data\M documents\COMMISSN\agendaltr.doc
0 ur- mission is to provide recreational, leisure and learning experiences that enhance quality of life.
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Oakland County Parks a'PA, Recreation Commission
Springfiell aks Park
12451 Andersonville Rd.
Davisburg, MI 48350
248.634.7899
September 28, 2007
9:00 a.m.
Call Meeting to Order 9:00 a.m.
Pledge of Allegiance
Roll Call
Public Comments
Commission Meeting Minutes for September 5, 2007
Public Hearing Meeting Minutes for September 5, 2007
Activity Report for August, 2007
Highland Oaks Mineral Rights Deed
Verizon Wireless Proposal — Springfield Oaks
SBA Tower Company Tower Proposal — Glen Oaks
Oakland County 4-H Fair Contract
10. EXECUTIVE SESSION
11. Executive Officer's Report
12. Old Business
13. New Business
14. Adjourn to Highland Oaks Dedication
Action Required
Informational
Approval
Approval
Approval
Approval
Informational
Presenter/Phone #
P. Lewis / 646.5917
K. Kohn / 858.4606
S. Wells / 858.463
D. Stencil / 858.4944
LL
S. Wells / 858.4634
F. Trionf. / 858.4607
D. Stencil
LL
OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING
September 5, 2007
Chairman Pecky D. Lewis, Jr. called the meeting to order at 9:11 a.m. in the commission room of the Parks
Commission's administration office.
COMMISSION MEMBERS PRESENT:
Chairman Pecky D. Lewis, Jr., Vice Chairman Richard Skarritt, Secretary J. David VanderVeen, Hugh D.
Crawford, Vincent Gregory, Eileen Kowall, John McCulloch, Charles Palmer, John Richards, Shelley Taub
ALSO PRESENT:
Parks and Recreation
Oakland County Purchasing
Oakland County Facilities Management
Oakland County 4-H Fair
PUBLIC COMMENTS:
Daniel Stencil, Executive Officer
Sue Wells, Administrator — Parks & Rec. Operations
Frank Trionfi, Administrator — Parks Administration
Joseph Figa, Chief of 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
Melissa Prowse, Trails Network Coordinator
Suzanne Kici, Office Assistant
Joan Daniels, Buyer
Scott Guzzy, Buyer
Mike Hughson, Property Management Specialist
L.C. Scramlin, General Manager
Dave Coleman, President
No questions were asked, nor comments received, by the public.
APPROVAL OF MINUTES:
Moved by Mr. Skarritt, supported by Mr. Richards to approve the minutes of the meeting of
August 1, 2007, with the following corrections:
Page 4 — 2, under Amendment to the 2007 Operating Budget: detail the line item amounts as
follows:
• Springfield Oaks Activity Center/park: $29,500 to Building Maintenance
• Recreation Administration: $14,100 to Part-time Salaries; $4,400 to Fringe Benefits
• Waterford Oaks BMX Complex: $5,000 to Part-time Salaries; $500 to Fringe
Benefits
• Technical Support: $18,000 to Equipment Maintenance
Page 4 — 2, first motion at the top of the page; add the following sentence:
Commission also approved the transfer of funds from the 2007 Operating Budget
Contingency in the amount of $14,889 to the Building Maintenance line item for this
purchase.
AYES: Crawford, Gregory, Kowall, Lewis, McCulloch, Palmer, Richards, Skarritt, Taub (9)
NAYS: (0)
4-1
(Commission Meeting, September 5, 2007)
Motion carried on a voice vote.
APPROVAL OF PAYMENTS:
Moved by Mr. Crawford, supported by Mrs. Kowall to approve the payment of the Internal
Service Funds Journal Voucher Register for the months of June and July, (FM 09 & 10,
2007); the Oak Management, Inc., Credit for Services Rendered Register for the months of
April, May and June ( FM 07, 08 & 09, 2007); and the Payment Register for the Voucher
Report Period of June and July (FM 09 & 10, 2007).
AYES: Crawford, Gregory, Kowall, Lewis, McCulloch, Palmer, Richards, Skarritt, Taub (9)
NAYS: (0)
Motion carried on a voice vote.
COMBINED STATEMENTS OF OPERATIONS:
Moved by Mrs. Taub, supported by Mr. Richards to accept the Combined Statement of
Operations for the month ending July 31, 2007 as filed.
AYES: Crawford, Gregory, Kowall, Lewis, McCulloch, Palmer, Richards, Skarritt, Taub (9)
NAYS: (0)
Motion carried on a voice vote.
CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET REPORT:
The Capital Improvement Program (CIP) Budget Report as of June 30, 2007 was accepted as filed.
ACTIVITY REPORT:
The Activity Report for the month of July, 2007 was accepted as filed.
2008 OPERATING AND CIP BUDGETS ADOPTION:
Moved by Mrs. Taub, supported by Mr. Gregory to approve the adoption of the Oakland
County Parks and Recreation Commission's 2008 General Appropriations Act incorporating
the 2008 Operating Budget, and to approve the adoption of the Commission's 2008 Capital
Improvement Projects Budget
Discussion followed on the review of fees and charges, how to determine how many times park attendees
visit, and the technology required for capturing similar data.
Commissioner VanderVeen commended Executive Officer Stencil on his efforts to reduce the vehicle fleet in
the Parks.
AYES: Crawford, Gregory, Kowall, Lewis, McCulloch, Palmer, Richards, Skarritt, Taub, VanderVeen (10)
NAYS: (0)
Motion carried on a voice vote.
4-2
(Commission Meeting, September 5, 2007)
OAKLAND COUNTY TRAILS MASTER PLAN:
Trails Network Coordinator Melissa Prowse gave a PowerPoint presentation, providing information on the
status of the trails throughout the county, recent activities, and upcoming events/programs. She also informed
the Commission that a contract has been awarded to Wade Trim for the completion of the trails master plan,
including a gap analysis.
PURCHASING PROCEDURES:
Staff noted that, with the adoption of the revised bylaws for the Parks Commission, the procedure for bringing
bid items for approval to the Parks Commission has changed.
Purchasing Buyer Joan Daniels commented that, once the Commission's budget is approved, most bid items
will no longer be required to be presented to the Parks Commission for approval, as long as the items are
approved in the budget. The purchasing process will fundamentally remain the same, with Purchasing staff
working in concert with Parks staff and following the county's purchasing policies and guidelines.
After discussion, Commission directed the Bylaws Committee to meet in order to determine a purchasing
policy for Commission oversight, including setting a monetary amount on items requiring Commission
approval, single bidders, items exceeding budget, and a purchasing report similar to that provided for the
Board of Commissioners' Finance Committee. Commissioner McCulloch volunteered to also serve on the
committee to assist in setting this policy.
PROPOSED MINERAL RIGHTS LEASE:
Staff has received correspondence from Sun Valley Energy expressing interest in leasing our mineral rights for
a portion of our property at Groveland Oaks.
Discussion followed on the lease offer and possible damage to the parkland. Staff recommended the
Commission not pursue the lease.
Moved by Mr. VanderVeen, supported by Mr. Palmer to concur with staff's recommendation
to not enter into a lease with Sun Valley Energy for the mineral rights to 30.824 acres
underlying Groveland Oaks.
AYES: Crawford, Gregory, Kowall, Lewis, McCulloch, Palmer, Richards, Skarritt, Taub, VanderVeen (10)
NAYS: (0)
Motion carried on a voice vote.
EXECUTIVE OFFICER'S REPORT:
In addition to the Executive Officer's report filed in the agenda, the following information was noted:
---Staff has been notified by the Michigan Department of Environmental Quality that we have been
recommended to receive a $190,000 grant through the Clean Michigan Initiative as part of our Parking Lot
Improvements at Waterford Oaks and at the Court Games Complex. We will be incorporating new
technologies and design practices that will improve the storm water quality of this facility.
---Staff has received an opinion from Oakland County Corporation Counsel in response to the city of
Ferndale's correspondence regarding the collection of property taxes for 2007. The opinion verifies that the
city is required to pay the expense of preparing and mailing the tax statement, plus account for and deliver
county tax collections to the county. Also, the Oakland County Parks Commission does not have the authority
to move tax collection from winter to summer.
4-3
(Commission Meeting, September 5, 2007)
Staff will respond back to the Treasurer for the city of Ferndale sharing the opinion from Corporation Counsel,
plus suggesting a possible change in collection date to their state legislator.
ADJOURNMENT:
The next Commission meeting will be at 9:00 a.m. on Friday, September 28, 2007 at the new 4-H Fair office
building at Springfield Oaks Activity Center.
The meeting was adjourned at 10:20 a.m.
ClqSlr-Ae
J. David VanderVeen, Secretary Karen S. Kohn CPS/CAP, Recording Secretary
4-4
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
PUBLIC HEARING FOR THE 2008 OPERATING BUDGET
September 5, 2007
Chairman Pecky D. Lewis, Jr. called the public hearing to order at 9:10 a.m. in the commission room
of the Parks and Recreation's administration office.
COMMISSION MEMBERS PRESENT:
Chairman Pecky D. Lewis, Jr., Vice Chairman Richard Skarritt, Hugh D. Crawford, Vincent
Gregory, Eileen Kowall, John McCulloch, Charles Palmer, John Richards, Shelley Taub
COMMISSION MEMBERS ABSENT:
Secretary J. David VanderVeen
ALSO PRESENT:
Parks and Recreation
Oakland County Purchasing
Oakland County Facilities Management
Oakland County 4-H Fair
Daniel Stencil, Executive Officer
Sue Wells, Administrator— Parks & Rec. Operations
Frank Trionfi, Administrator — Parks Administration
Joseph Figa, Chief of 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
Melissa Prowse, Trails Network Coordinator
Suzanne Kici, Office Assistant
Joan Daniels, Buyer
Scott Guzzy, Buyer
Mike Hughson, Property Management Specialist
L.C. Scramlin, General Manager
Dave Coleman, President
The purpose of the public hearing was to discuss the proposed Fiscal Year 2008 operating budget.
The proposed revenue budget for Fiscal Year 2008 is $24,264.863, up 1.8% over the proposed
budget for Fiscal Year 2007. Of this amount, $9,689,163 comes from fees and charges and interest
on investments; the remaining balance of $14,850,000 will come from the millage.
The proposed operating budget for Fiscal Year 2008 is $24,371,138, an increase of 1.8% over the
2007 proposed budget. The majority of this increase is due to facility maintenance and repairs
noted in the operating budget booklet for projects totaling $1,065,250. A 1.0% salary increase has
been included for salaries in Fiscal Year 2008 for full-time employees. Our Fiscal Year 2007
adjusted operating budget is 8.2% or $1,860,729 less than originally budgeted due to reduced
depreciation projection, postponed building and grounds maintenance projects, and reduced salary
costs resulting from unfilled staff positions. Our Fiscal Year 2007 revenue budget is 0.5% or
$115,446 less than originally budgeted.
4a-1
(Public Hearing, September 5, 2007)
Operating Equipment requests for Fiscal Year 2008 total $555,350.Of this amount, $359,950 will be
spent on replacement equipment.
Estimated new funds for Capital Improvement for Fiscal Year 2008 are $3,110,475, of which
$525,000 is earmarked for payment to the Oakland County Building Authority for Lyon Oaks. The
balance of $2,585,475 is available to fund additional Capital Projects.
No questions were asked, nor comments received, by the public.
The public hearing was adjourned at 9:11 a.m.
J. David VanderVeen, Secretary
Karen Kohn CPS/CAP, Recording Secretary
4a - 2
ACTIVITY REPORT
AUGUST, 2007 (FM11, FY2007)
* 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
DogPark
ORION OAKS
Day Use
Dog Park
ROSE OAKS PARKS
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
PARTICIPANTS (MONTH)
FM11,FY06 FM11,FY0
28,246
13,77
10,198
8,26
272
5
3,361
3,88
35,416
31,18
11,324
12,20
830
1,061
43,766
27,011
290
1,29
0
27
1,680
1,77
5,069
5,33
958
2,48
4,816
6,13
1,280 1,91
1,219
1,85
0
6,036
1,97
214
72
55
86
9,600
3,88
63,662
44,95
80,025
59,39
1,392
2,40
0
27
9,885
11,46
0
214
72
IKLAND-
2
7
0
9
0
6
6
3
8
3
4
0
2
3
0
3
0
2
5
2
6
7
3
3
0
0
PARTICIPANTS (YTD)
7 FY200
FFY2007
61,626
46,738
36,479
32,360
272
165
33,566
33,033
101,038
90,922
37,904
36,008
4,719
4,442
249,561
198,231
7,129
8,631
787
1,923
7,172
10,930
33,453
54,438
15,220
18,898
34,858
61,562
9,175
9,848
14,653
20,759
75,000
85,000
46,238
33,890
4,521
6,773
370
2,474
32,740
22,693
162,664
137,660
402,904
349,727
12,120
13,238
787
1,923
68,311
116,000
75,000
85,000
4,521
6,773
06-07 ACTIVITY REPORT.As, AUG07 5-1 of 4
ACTIVITY REPORT 0,;AKUND-
AUGUST, 2007 (FM11, FY2007)
GOLF COURSES
* Not included in program totals - only in combined totals. =RTICIPANTS (MONTH) PARTICIPANTS (YTD)
In-house events are counted in facility totals. FM11,FY06
FM11,FY07 FY2006
FY2007
GLEN OAKS
Rounds Played - 9 Holes
7,202
5,679
32,347
27,454
Rounds Played - 18 Holes
1,939
1,496
9,754
7,052
"Banquet Facilities
4,746
3,892
48,635
41,775
**Grill Room (""Not included in totals)
4,717
3,443
1 20,387
1 16,774
LYON OAKS
Rounds Played - 9 Holes
926
1,586
6,616
6,747
Rounds Played - 18 Holes
2,623
2,273
15,128
12,985
Driving range
2,101
1,827
12,485
10,294
*Banquet Facilities
1,545
1,681
13,232
15,155
**Grill Room (**Not included in totals)
3,116
2,668
20,723
14,727
RED OAKS
Rounds Played - 9 Holes
4,950
4,039
24,518
20,894
SPRINGFIELD OAKS
Rounds Played - 9 Holes
5,435
4,709
23,333
21,492
Rounds Played - 18 Holes
2,618
2,625
15,294
13,625
**Grill Room (**Not included in totals)
5,351
4,735
22,124
19,167
WHITE LAKE OAKS
Rounds Played - 9 Holes
6,274
5,785
29,316
27,427
Rounds Played - 18 Holes
1,748
1,243
7,854
7,942
*Banquet Facilities
1,092
990
1,900
14,060
**Grill Room (**Not included in totals)
4,311
3,799
10,413
17,699
TOTAL ROUNDS PLAYED - 9 HOLES
24,787
21,798
116,130
104,014
TOTAL ROUNDS PLAYED -18 HOLES
8,928
7,637
48,030
41,604
TOTAL DRIVING RANGE
2,101
1,827
12,485
10,294
06-07 ACTIVITY REPORT.As, AUG07 5 2 of 4
ACTIVITY REPORT
AUGUST, 2007 (FM11, FY2007)(,)�AAKLAND
RECREATION,.
* Not included in program totals - only in combined totals. =RTICIPANTS (MONTH) PARTICIPANTS (YTD)
In-house events are counted in facility totals. I FM11,FY06
FMII,FY071 FY2006
FY2007
MOBILE RECREATION
Bleachers
7
11
31
34
Bouncers
15,020
12,880
62,355
52,745
Bus
3,105
3,015
23,400
22,275
Climbing Wall/Tower
4,300
3,100
11,300
9,300
Dunk Tank
5,592
7,689
16,776
18,873
Inline Skate Mobile/Hockey Mobile
1,503
1,169
6,012
3,340
Puppet
1,700
2,210
9,010
8,330
Show Mobile
52
55
161
204
Adventure Sport Mobile
400
360
1,520
1,600
Tents
53
51
207
169
Camps
156
181
718
738
Miscellaneous / Obstacle Cousrse
0
2,665
0
8,815
WATERFORD OAKS BMX
5,034
906
8,456
9,644
WATERFORD OAKS COURT GAMES COMPLEX
320
160
1,040
1,390
WATERFORD OAKS FRIDGE
0
0
18,571
21,063
WATERFORD OAKS LOOKOUT LODGE
690
212
6,872
3,951
WATERFORD OAKS WATERPARK
26,384
24,993
79,589
76,093
RED OAKS WATERPARK
28,122
27,002
93,761
96,218
THERAPEUTIC EVENTS
2,085
2,239
7,984
7,487
SENIOR EVENTS
2,368
932
1 11,277
10,477
TOTAL MOBILE RECREATION VISITS
1 31,888
1 33,386
1 131,490
1 126,423
TOTAL FACILITIES AND SPECIAL EVENTS
1 65,003
1 56,444
1 227,550
1 226,323
06-07 ACTIVITY REPORT.As, AUG07 5- 3 of 4
ACTIVITY REPORT
AUGUST, 2007 (FM11, FY2007)
In-house events are counted in facility totals.
ENVIRONMENTAL PROGRAM - INDEPENDENCE OAKS
Nature Center
Outreach Visits
**Trail Usage (*"Not included in totals)
ENVIRONMENTAL PROGRAM - LYON OAKS
Nature Center
Outreach Visits
**Trail Usage (**Not included in totals)
TOTAL NATURE CENTERS
TOTAL OUTREACH VISITS
DAY USE PARKS
GOLF COURSES
RECREATION, FACILITIES AND SPECIAL EVENTS
NATURE INTERPRETIVE SERVICES
BANQUET FACILITIES
GRAND TOTALS
.ND
PARTICIPANTS (MONTH) I PARTICIPANTS (YTD)
FMII,FY061 FMII,FY071 FY20061 FY2007
2,840
2,4291
30,1791
24,459
499
175
8,321
4,918
9,375
4,9301
89,6091
78,559
1941
1791
3,7121
3,089
544
0
2,1441
1,425
6051
6341
4,4971
7,500
3,034
2,6081
33,8911
27,548
1,043 175
PARTICIPANTS (MONTH)
10,465 6,343
PARTICIPANTS (YTD)
FM11,FY06
FM11,FY07
FY2006
FY2007
155,178
119,211
726,307
710,321
35,816
31,262
176,645
155,912
96,891
89,830
359,040
352,746
4,077
2,783
44,356
33,891
16,835
13,287
143,941
140,387
308,797
256,373
1,450,289
1,393,257
Therapeutic/Senior Event Breakdown
TR: Mich Adapt Sports-16; Warren Orlic Golf-40; Tennis-22; Camp-90; Golf-48; Wheelchair Daze-1825
SR: Softball-922; Volleyball-10
REVISED 10/6/04 Note: Deleted Grill Room numbers from Combined Totals. I II
06-07 ACTIVITY REPORT.As, AUG07 5-4 of 4
ITEM #6
HIGHLAND OAKS MINERAL ROYALTY DEED CONVEYANCE
As part of the terms and conditions of the Michigan Natural Resources
Trust Fund grant for the acquisition of Highland Oaks, the county is required to
convey a Mineral Royalty Interest Deed to the state for 1/6 interest in all gas, oil
or mineral rights produced from the land.
The attached deed has been reviewed and approved by Oakland County
Corporation Counsel and the State of Michigan Department of Natural
Resources.
Staff is requesting approval of the attached resolution recommending
approval of the Mineral Royalty Interest Deed by the Oakland County Board of
Commissioners.
6-1
RESOLUTION
WHEREAS, pursuant to Miscellaneous Resolution No. 07016 the Oakland County Board
of Commissioners accepted a Michigan Department of Natural Resources Trust Fund Grant
Agreement, which provided partial funding for the acquisition of land to establish Highland Oaks
County Park; and
WHEREAS, the terms and conditions of said grant agreement require the County to
convey a Mineral Royalty Interest Deed to the state representing a 1/6 interest in all gas, oil or
mineral rights produced from the land; and
WHEREAS, the attached Mineral Royalty Interest Deed has been approved by Oakland
County Corporation Counsel and the State of Michigan Department of Natural Resources.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation
Commission recommends the Oakland County Board of Commissioners approve the
conveyance of a 1/6 interest in all gas, oil or minerals produced from the land of Highland Oaks
County Park to the State of Michigan via the attached Mineral Royalty Interest Deed.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission recommends the County of Oakland Board of Commissioners direct its
Chairperson or his designee to execute the attached Mineral Royalty Interest Deed and all other
documents, which may be required.
Moved by
Seconded by
Date:
6-2
D:\$Data\My documents\Resolutions\2007\0172007 Highland Mineral Royalty Deed.doc
Oakland County Department of Facilities Management
October 8, 2007
REQUEST TO CONVEY MINERAL ROYALTY DEED TO STATE OF MICHIGAN
Highland Oaks County Park
Pursuant to Miscellaneous Resolution No. 07016 the Oakland County Board of Commissioners
approved and accepted Michigan Department of Natural Resources Trust Fund Grant Agreement
No. TF05-032, which provided forty percent of the funding for the purchase of land to establish
Highland Oaks County Park. The terms and conditions of the grant agreement require the
County to convey a Mineral Royalty Interest Deed to the state representing a 1/6 interest in all
gas, oil or mineral rights produced from the land.
On September 28, 2007 the Oakland County Parks and Recreation Commission recommended
approval of the conveyance of a 1/6 interest in all gas, oil or mineral rights to the State of
Michigan. The attached Mineral Royalty Interest Deed has been reviewed and approved by
Oakland County Corporation Counsel and the Michigan Department of Natural resources.
Recommendation
It is the recommendation of the Oakland County Parks and Recreation Commission and the
Department of Facilities Management that the Oakland County Board of Commissioners approve
the conveyance of the attached Mineral Royalty Interest Deed to the State of Michigan.
Mdh9/24/07
6-3
MINERAL ROYALTY INTEREST DEED
TF05-032
KNOW ALL MEN BY THESE PRESENTS that the County of Oakland, a Michigan Municipal and
Constitutional Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 Convey to,
the State of Michigan, whose address is Post Office Box 30448, Lansing, Michigan 48909-7948 a perpetual
nonparticipating royalty equal to 1/6 of the gross proceeds of the sale of all oil and/or gas or other minerals
produced and saved in any combination from the mineral rights in lands described in Exhibit A attached hereto.
This conveyed royalty shall be determined and paid pursuant to the terms specified in Exhibit B attached hereto.
The terms of this conveyance shall extend to the heirs, executors, administrators, successors and assigns of the
parties hereto over the following described premises situated in the Township of Highland, County of Oakland,
State of Michigan, to -wit:
See Attached Exhibit A for Legal Description and Tax Parcel Identification Nos.
Commonly known as: Vacant Milford Road.
For and in consideration of the sum of $1.00. Subject to existing building and use restrictions, easements and
zoning ordinances if any.
By: The County of Oakland a Michigan
Municipal and Constitutional Corporation
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
STATE OF MICHIGAN
COUNTY OF OAKLAND
The foregoing instrument was acknowledged before me in Oakland County this day of
2007, by Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners.
Drafted by: Michael Hughson
I Public Works Dr.
Waterford, Mi. 48328
Michael D. Hughson, Notary Public
Oakland County, Michigan acting in Oakland
County, Michigan.
My commission expires: 5/5/2008.
After recording return to: Grants Mgt. Division
Michigan Dept. of Natural Resources
PO Box 30425
Lansing, MI 48909-7925
6-4
Highland Hye Company, LLC Property
Legal Descriptions
File Number: 60727
Exhibit A - LEGAL DESCRIPTION
Tax Identification Number: SEE LEGAL DESCRIPTIONS
Land situated in the Township of Highland, in the County of Oakland, State of Michigan is described as follows:
PARCEL 1: 11-03--400-009
A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland
County, Michigan, described as: Beginning at a point distant North 89 degrees 12 minutes 34 seconds West 1864.76
feet along the South line of Section 3; thence North 62 degrees 32 minutes 55 seconds West 630.00 feet from the
South -East corner of Section 3; thence North 62 degrees 32 minutes 55 seconds West 80.00 feet; thence along a
curve to the left with an arc distance of 105.39 feet (radius = 240.00 feet, chord distance = 104.55 feet, chord bearing
= North 75 degrees 07 minutes 44 seconds West); thence South 01 degrees 18 minutes 39 seconds West 344.03 feet
to the South one -quarter corner of said Section; thence along the South line of Section 3, North 89 degrees 33 minutes
46 seconds West 231.25 feet to a point on the East Right of Way line of the C.S.X Railroad; thence along said Right of
Way, North 12 degrees 56 minutes 57 seconds East 1326.32 feet; thence along a curve to the leftwith an arc distance
of 542.11 feet (radius = 2914.93 feet, chord distance = 541.33 feet, chord bearing North 07 degrees 37 minutes 17
seconds East); thence South 64 degrees 04 minutes 00 seconds East 830.00 feet; thence South 56 degrees 56
minutes 15 seconds West 523.98 feet; thence South 16 degrees 23 minutes 01 seconds West 940.00 feet to the point
of beginning, containing 699,136 square feet or 16.05 acres of land. Subject to the Rights of the Public and that part
of Milford Road used for road purposes.
PARCEL 2: 11-03-400-010
A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland
County, Michigan, described as: Beginning at a point distant North 89 degrees 12 minutes 34 seconds West 1733.00
feet along the South line of Section 3 from the South East corner of Section 3; thence along said Section line North 89
degrees 12 minutes 34 seconds West 131.76 feet; thence North 62 degrees 32 minutes 55 seconds West 630.00 feet;
thence North 16 degrees 23 minutes 01 seconds East 940.00; thence North 56 degrees 56 minutes 15 seconds East
523.98 feet; thence South 01 degrees 40 minutes 07 seconds East 460.49 feet; thence South 01 degrees 30 minutes
36 seconds West 1020.00 feet to the point of beginning, containing 704,909 square feet or 16.18 acres of land.
Subject to the Rights of the Public and that part of Milford Road used for road purposes.
PARCEL 9: 11-03-400-012
A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland
County, Michigan, described as: Beginning at a point distant North 01 degrees 30 minutes 36 seconds East 1882.00
along the East line of Section 3 from the South East comer of said Section; thence North 89 degrees 12 minutes 34
seconds West 1075.00 feet; thence South 60 degrees 31 minutes 19 seconds West 797.27 feet; thence North 29
degrees 01 minutes 05 seconds East 1301.89 feet; thence along a curve to the right with an arc distance of 153.00
feet (radius = 560.00 feet, chord distance = 152.52 feet, chord bearing = South 28 degrees 38 minutes 58 seconds
East); thence along a curve to the left with an arc distance of 429.69 feet (radius = 360.00 feet, chord distance =
404.63 feet, chord bearing = South 55 degrees 00 minutes 57 seconds East); thence South 89 degrees 12 minutes 34
seconds East 743.00 feet to a point on the East line of said Section; thence along the East line of said Section South
01 degrees 30 minutes 36 seconds West 385.00 feet to the point of beginning, containing 730,384 square feet or
16.77 acres of land. Subject to the rights of the public and that part of Milford Road used for road purposes.
PARCEL 10: 11-03-200-014
A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland
County, Michigan, described as: Beginning at the East one -quarter comer of said Section; thence along the East line
A said Section South 01 degrees 30 minutes 36 seconds West 371.87 feet; thence North 89 degrees 12 minutes 34
seconds West 425.00 feet, thence North 01 degrees 07 minutes 18 seconds East 1190.81 feet; thence South 88
degrees 51 minutes 08 seconds East 425.00 feet to a point on the East line of said Section; thence South 00 degrees
56 minutes 43 seconds West 816.30 feet to the point of beginning, containing 507,038 square feet or 11.64 acres of
land. Subject to the rights of the public and that part of Milford Road used for road purposes also subject to an
6-5
File Number: 60727
easement for ingress and egress to the described land and land of others over the Southerly 30.00 feet thereof.
PARCEL 11: 11-03-200-013
A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland
County, Michigan; described as: Beginning at a point distant South 01 degrees 30 minutes 36 seconds West 371.87
feet; thence North 89 degrees 12 minutes 34 seconds West 425.00 feet from the East one -quarter corner of said
Section; thence North 89 degrees 12 minutes 34 seconds West 318.00 feet; thence along a curve to the right with an
arc distance of 58.58 feet (radius = 360.00 feet, chord distance 58.52, chord bearing = North 84 degrees 32 minutes
51 seconds West); thence North 00 degrees 56 minutes 43 seconds East 1188.40 feet; thence South 88 degrees 51
minutes 08 seconds East 380.00 feet; thence South 01 degrees 07 minutes 18 seconds West 1190.81 feet to the point
of beginning, containing 450,675 square feet or 10.35 acres of land. Subject to an easement for ingress and egress to
the described land and land of others over the Southerly 30.00 feet thereof.
PARCEL 12: 11-03-200-012
A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland
County, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds East 816.30
feet along the East line of said Section; thence North 88 degrees 51 minutes 08 seconds West 805.00 feet from the
East one -quarter comer of said Section; thence South 00 degrees 56 minutes 43 seconds West 1188.40 feet; thence
along a curve to the right with an arc distance of 371.11 feet (radius = 360.00, chord distance = 354.89 feet, chord
bearing = North 50 degrees 21 minutes 15 seconds West); thence along a curve to the left with an arc distance of
371.32 (radius = 840.00, chord distance = 364.56 feet, chord bearing = North 09 degrees 48 minutes 05 seconds
West); thence North 00 degrees 56 minutes 43 seconds East 692.21 feet; thence South 88 degrees 51 minutes 08
seconds East 515.00 feet to the point of beginning, containing 499,847 square feet or 11.47 acres of land. Subject to
an easement for ingress and egress to the described land and land of others over the Southwesterly 30.00 feet
thereof.
PARCEL 13: 11-03-200-011
A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland
County, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds East 816.30
feet along the East line of Section 3 from the East one -quarter corner of said Section; thence North 88 degrees 51
minutes 08 seconds West 1320.00 feet; thence North 00 degrees 56 minutes 43 seconds East 555.00 feet; thence
South 88 degrees 51 minutes 08 seconds East 1320.00 feet; thence along the East line of said Section South 00
degrees 56 minutes 43 seconds West 555.00 feet to the point of beginning, containing 732,600 square feet or 16.82
acres of land. Subject to the rights of the public and that part of Milford Road used for road purposes.
PARCEL 14: 11-03-200-008
A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland
County, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds East 1371.30
feet, along the East line of Section 3 from the East one -quarter comer of said Section; thence North 88 degrees 51
minutes 08 seconds West 1320.00 feet; thence North 00 degrees 56 minutes 43 seconds East 420.00 feet; thence
South 88 degrees 51 minutes 08 seconds East 1320.00 feet; thence along the East line of said Section South 00
degrees 56 minutes 43 seconds West 420.00 feet to the point of beginning, containing 554,400 square feet or 12.73
acres of land. Subject to the rights of the public and that part of Milford Road used for road purposes.
PARCEL 15: 11-03-200-007
A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland
County, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds East 1791.30
feet along the East line of Section 3 from the East one -quarter corner of said Section; thence North 88 degrees 51
minutes 08 seconds West 1320.00 feet; thence North 00 degrees 56 minutes 43 seconds East 419.69 feet; thence
South 88 degrees 51 minutes 08 seconds East 1320.00 feet; thence along the East line of said Section South 00
degrees 56 minutes 43 seconds West 419.69 feet to the point of beginning containing 553,991 square feet or 12.72
acres of land. Subject to the rights of the public and that part of Milford Road used for road purposes.
PARCEL 16: 11-03-200-006
6-6
File Number: 60727
A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland
Company, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds East 2210.99
feet along the East line of Section 3; thence North 88 degrees 51 minutes 08 seconds West 1320.00 feet from the East
one -quarter corner of said Section; thence South 00 degrees 56 minutes 43 seconds West 1062.00 feet; thence North
88 degrees 51 minutes 08 seconds West 614.00 feet; thence North 00 degrees 57 minutes 03 seconds East 1062.00
feet; thence South 88 degrees 51 minutes 08 seconds East 613.90 feet to the point of beginning containing 652,010
square feet or 14.97 acres of land. Subject to an easementfor ingress and egress to the described land and land of
others over the Westerly 30.00 feet thereof.
PARCEL 17: 11-03-200-005
A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland
County, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds East 2210.99
feet along the East line of Section 3; thence South 88 degrees 51 minutes 08 seconds West 1933.90 feet from the
East one -quarter corner of said Section; thence South 00 degrees 57 minutes 03 seconds West 990.00; thence North
88 degrees 51 minutes 08 seconds West 585.04 feet to a point on the Easterly Right of Way line of the C.S.X.
Railroad; thence along said Right of Way, North 01 degrees 00 minutes 57 seconds East 990.00 feet; thence South 88
degrees 51 minutes 08 seconds East 583.92 feet to the point of beginning containing 578,629 square feet or 13.28
acres of land. Subject to an easement for ingress and egress to the described land and land of others over the
Easterly 30.00 feet thereof.
PARCEL 18: 11-03-200-010
A parcel of land in the East one-half of the fractional Section 3, Town 3 North, Range 7 East, Highland Township,
Oakland County, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds, East
2210.99 along the East line of Section 3; thence North 88 degrees 51 minutes 08 seconds West 1320.00 feet; thence
South 00 degrees 56 minutes 43 seconds West 1062.00 feet from the East one -quarter corner of said Section; thence
South 00 degrees 56 minutes 43 seconds West 1024.90 feet; thence along an arc to the left with an arc distance of
284.50 feet (radius = 560.00 feet, chord distance = 281.45 feet, chord bearing = North 73 degrees 22 minutes 04
seconds West); thence along a curve to the right with an arc distance of 542.89 feet (radius = 350.00, chord distance =
490.08 feet, chord bearing = North 43 degrees 29 minutes 09 seconds West); thence North 00 degrees 57 minutes 03
seconds East 601.00 feet; thence South 88 degrees 51 minutes 08 seconds East 614.00 feet to the point of beginning
containing 563,922 square feet or 12.95 acres of land. Subject to an easement for ingress and egress to the
described land and land of others over the Southerly and Westerly 30.00 feet thereof.
PARCEL 19: 11-03-200-009
A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland
County, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds East 2210.99
feet along the East line of Section 3; thence North 88 degrees 51 minutes 08 seconds West 1933.90 feet; thence
South 00 degrees 57 minutes 03 seconds West 990.00 feet from the East one -quarter corner of said Section; thence
South 00 degrees 57 minutes 03 seconds West 673.00 feet; thence along a curve to the left with an arc distance of
260.79 feet (radius = 350.00 feet, chord distance = 254.80 feet, chord bearing = South 20 degrees 23 minutes 44
seconds East); thence North 88 degrees 51 minutes 08 seconds, West 678.82 feet to a point on the East Right of Way
line of the C.S.X. Railroad; thence along said Right of Way North 01 degrees 00 minutes 57 seconds East 910.00 feet;
thence South 88 degrees 51 minutes 08 seconds East 585.04 to the point of beginning containing 539,739 square feet
or 12.39 acres of land. Subject to an easement for ingress and egress to the described land and land of others over
the Easterly 30.00 feet thereof.
PARCEL 20: 11-03-400-008
A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland
County, Michigan, described as: Beginning at a point distant South 01 degrees 30 minutes 36 seconds, West 371.87
along the East line of Section 3; thence North 89 degrees 12 minutes 34 seconds, West 743.00 feet; thence along a
curve to the rightwith an arc distance of 429.69 (radius = 360.00 feet, chord distance = 404.63, chord bearing = North
15 degrees 00 minutes 57 seconds West); thence along an arc to the leftwith an arc to the left with an arc distance of
153.00 feet (radius = 560.00 feet, chord distance = 152.52 feet, chord bearing = North 28 degrees 38 minutes 58
seconds West) from the East one -quarter corner of said Section; thence South 29 degrees 01 minutes 05 seconds
West 1301.89 feet; thence North 21 degrees 19 minutes 40 seconds West 471.65 feet; thence North 06 degrees 48
minutes 57 seconds East 1050.00 feet; thence along a curve to the left with an arc distance of 282.10 feet (radius =
6-7
File Number: 60727
350.00, chord distance = 274.53 feet, chord bearing = South 64 degrees 49 minutes 55 seconds East); thence along a
curve to the right with an arc distance of 502.82 feet (radius = 560.00, chord distance = 486.10 feet, chord bearing =
South 62 degrees 11 minutes 57 seconds East) to the point of beginning containing 627,509 square feet or 14.41
acres of land. Subject to an easement for ingress and egress to the described land and land of others over the
Northerly 30.00 feet thereof.
PARCEL 21: 11-03-400-007
A parcel of land in the East one-half of fractional Section 3, Town 3 North, Range 7 East, Highland Township, Oakland
Company, Michigan, described as: Beginning at a point distant North 00 degrees 56 minutes 43 seconds, East
2210.99 feet, along the East line of Section 3; thence North 88 degrees 51 minutes 08 seconds, West 2517.82 feet to
a point on the Easterly Right of Way line of C.S.X. Railroad; thence along said Right of Way South 01 degrees 00
minutes 57 seconds, West 1900.00 feet from the East one -quarter comer of said Section; thence South 88 degrees 51
minutes 08 seconds East 678.82 feet; thence South 06 degrees 48 minutes 57 seconds, West 1050.00 feet; thence
South 21 degrees 19 minutes 40 seconds, East 471.65 feet; thence North 64 degrees 04 minutes 00 seconds West
830.00 feet to a point on the Easterly Right of Way line of C.S.X. Railroad; thence along said Right of Way along a
curve to the left with an arc distance of 65.00 feet (radius = 2914.93 feet, chord distance = 65.00 feet, chord bearing =
North 01 degrees 39 minutes 17 seconds, East); thence continuing along said Right of Way North 01 degrees 00
minutes 57 seconds East 1067.74 feet to the point of beginning containing 811,826 square feet or 18.64 acres of land.
Subject to an easement for ingress and egress to the described land and land of others over the North Easterly 30.00
feet thereof.
Commonly known as: HIGHLAND HYE FARMS, HIGHLAND TOWNSHIP, MI
6-8
APPENDIX A
Legal Description
Parker Property
6555 N. Milford Road
11-03-200-001
Land in the Township of Highland, Oakland County, Michigan, described as follows:
That part of the following described parcel of land lying Westerly of the centerline (as
now located) of Milford Road: Part of the Northeast'/4 of Section 3, Town 3 North,
Range 7 East, Township of Highland, Oakland County, Michigan, described as follows:
Beginning at the Northeast corner of said Section 3, thence South 89117' West along the
North line of said Section 3, 2,519.20-ft. to the East line of Pere Marquette Rail Road,
thence South 00°04' West 895 ft. along said Rail Road line, thence North 89°22'East
2,520.20-ft. to the East line of Section 3, thence South 273.1-ft. along the line common to
Section 2 and 3, thence North 88002' East 2,812.70-ft. to the North and South quarter line
of Section 2, thence North 0099' East. 1,117.10-ft. along said quarter line to North line
of Section 2, thence South 89°10' West 2,824.10-ft. along the North line of Section 2 to
the place of beginning. Containing 52-acies of land more or less.
Mh6/3/06
6-9
Exhibit `B" of the Mineral Interest Deed
NONPARTICIPATING ROYALTY PAYMENT TERMS
1. Definitions:
a. "Gas" means a mixture of hydrocarbons and varying quantities of nonhydrocarbons in a gaseous state which
may or may not be associated with oil, including those liquids resulting from condensations; including, but
not limited to, natural gas and casinghead gas.
b. "Gross Proceeds" means the total moneys and other consideration accruing to an oil and gas Lessee for the
disposition of the oil, gas, or plant products produced. Gross proceeds includes, but is not limited to,
payments to the lessee for certain services such as compression, dehydration, measurements, and/or
gathering which the Lessee is obligated to perform at no cost to the Nonparticipating Royalty Owner to
place lease products in marketable condition. Where lease products are sold to an affiliated person or entity,
gross proceeds are equivalent to the gross proceeds derived from, or paid under, comparable arm's-length
contracts for purchases, sales, or other dispositions of like -quality lease products from the same filed or area.
In evaluating the comparability of arm's-length contracts for purposes of this Agreement, the following
factors shall be considered: price, time of execution, duration, market or markets served, terms ,quality,
volume, posted prices, prices received for arm's-length spot sales, other reliable public sources of price or
market information, and such other factors as may be appropriate.
c. "Lease Products" means any leased minerals attributable to, originating from, or allocated to this lease.
d. "Marketable Condition" for gas means sufficiently free from impurities, except CO2, H2S, and N2, and
otherwise in a condition that it will be accepted by a purchaser under a sales contract typical for the field or
area.
e. "Marketable Condition" for oil means sufficiently free from impurities and otherwise in a condition that it
will be accepted by a purchaser under a sales contract typical for the field or area.
f. "Oil" means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, which are
produced at the well in liquid form by ordinary production methods and which are not the result of
condensation of gas after it leaves the underground reservoir, including but not limited to, oil, casinghead
gasoline, drip gasoline and natural gasoline extracted from natural gas.
2. Royalties
The Nonparticipating Royalty shall be determined and paid as follows:
a. The Nonparticipating Royalty Owner shall be paid a royalty equal to one -sixth (1/6") of the gross proceeds
of sale of all oil and/or gas produced and saved in any combination from the leased premises as further set
forth below.
b. The lease products shall be placed in marketable condition at no cost to the Nonparticipating Royalty
Owner. The value of gross proceeds shall be increased to the extent that the gross proceeds have been
reduced because the purchaser, or any other person, is providing certain services the cost of which is the
responsibility of the Lessee to place lease products in marketable condition.
c. At the sole option of the Nonparticipating Royalty Owner, and in lieu of royalty payments upon oil and/or
gas produced and saved, the Nonparticipating Royalty Owner shall be delivered the credit free of cost the
equal one -sixth (1/6"') part of all oil and/or gas produced and saved under the terms of the Lease to facilities
to which the wells may be connected.
6-10
NON PARTICIPATING ROYALTY PAYMENT TERMS — (Continued)
d. Payments specified must be made within 60 days following oil production sale or the gas and/or plant
products sale. Payments made after the due date shall include interest at the rate of 1.5% per month, or at
the maximum legal rate, whichever is less, on the amount of royalty unpaid. A full month's interest will be
charged for late payments received during any portion of the month in which late payment is received.
e. Should oil be produced from any well, the gross proceeds of sale of lease produces of such oil shall be free
to the Nonparticipating Royalty Owner of any cost to whichever point is first encountered: 1) the point of
sale to an independent nonaffiliated third party purchaser; or 2) to an affiliated purchaser, provided the sale
is at prevailing market rates; or 3) the point of entry into an independent non affiliated third parry owned
pipeline system; or 4) the point of entry into an affiliate -owned pipeline system, provided transportation
rates are at prevailing market rates. Upon request by the Non participating Royalty Owner, written
justification of charges must be submitted and agreed to in writing by the Nonparticipating Royalty Owner.
f. Should gas, including casinghead gas, be produced and saved from any well, the gross proceeds of sale of
lease products of said gas shall be free to the Nonparticipating Royalty Owner of any cost whichever point
is first encountered: 1) the point of entry into a facility to remove CO2, H2S, and N2, or obtain plant
products; or 2) the point of entry into an independent non affiliated third party -owned pipeline system; or,
3) the point of entry into a pipeline system owned by a gas distribution company, or any subsidiary of such
gas distribution company, which is regulated by the Michigan Public Service Commission; or 4) the point
of entry into an affiliated pipeline system, if the rates charged by such pipeline system have been approved
by the Michigan Public Service Commission, or if the rates charged are reasonable, as compared to
independent pipeline systems, base on such pipeline system's location, distance, cost of service and other
pertinent factors. Upon request by the Nonparticipating Royalty Owner, written justification of charges
must be submitted and agreed to in writing by the Nonparticipating Royalty Owner.
g. All royalties accruing to the Nonparticipating Royalty Owner herein shall be without deduction of any costs
incurred except as agreed herein. Nonparticipating Royalty Owner's royalty is to be free and clear of all
costs, claims, charges and expenses of any nature, including third party post -production costs on or off the
premises except as herein provided, and except for the reasonable costs of CO2, H2S, and N2 removal
there shall be no deduction for the cost of gathering, separating, dehydrating, compressing or treating the
gas to make it marketable. There shall be no deduction for transportation costs prior to entry of gas into a
pipeline system as set forth in 21 (2) through (4) without the prior written consent of the Nonparticipating
Royalty Owner.
As the State of Michigan is not liable for any taxes, no deduction for any taxes may be made in computing the
Nonparticipating Royalty to the State.
mh9/ 10/07
6-11
ITEM #7
Request for Authorization to Begin Negotiations
For Possible License Agreement Verizon Wireless
Springfield Oaks County Park
Staff has received a request from Verizon Wireless (see attached letter) to enter into a
license agreement to allow Verizon to place antennas on the water tower at Springfield
Oaks County Park. Therefore, staff with the assistance of Oakland County Corporation
Counsel is hereby requesting the authorization of the Oakland County Parks and
Recreation Commission to begin negotiations of said license agreement.
mdh
7-1
JONATHAN R. CRANE, P.C.
ATTORNEY AND COUNSELOR
1126 N. MAIN ST.
ROCHESTER,MI48807
JONATHAN R. CRANE
BENJAMIN S. HERRICK
JEREMY F. FISHER
September 19, 2007
Via Federal Express
Mr. Daniel Stencil
Executive Officer
Oakland County Park and Recreation Department
2800 Watkins Lake Rd.
Waterford, MI 48328
Re: Verizon Wireless, Proposed Collocation of Antennas
Springfield Oaks Water Tower
12451 Andersonville Rd.
Our File No.: JC2517-07
Dear Mr. Stencil:
TELEPHONE: (248) 650-8000
FACSIMILE: (248) 650-9289
EMAIL: JRCPC@Q SBCGLOBAL.NET
Verizon Wireless is interested in placing antennas on the existing water tower at
Springfield Oaks.
Verizon Wireless proposes to install twelve (12) panel antennas on the top of the water
tower. The antennas measure approximately 6" wide by 48" high. A fabricated equipment
shelter measuring I V 6" x 26' 0" is proposed near the base of the tower and protected with an
ornamental fence. The coaxial cables that connect the antennas to the equipment would be
routed inside the vertical access shaft of the water tower. Attached are pictures of the water
tower noting the preliminary location of the equipment.
We appreciate the fact Springfield Oaks is noted for its natural beauty. Verizon Wireless
can work with your office to minimize the visual distractions of our equipment. The antennas
can be painted to match the water tower. In addition, an ornamental fence and landscaping can
be used to screen the shelter.
Copies of the preliminary engineering drawings and photo simulations related to the
proposed collocation on the Springfield Oaks water tower are included.
7-2
Mr. Daniel Stencil
September 19, 2007
Page 2 of 2
The proposed lease has been reviewed, and with a few revisions should be acceptable to
all parties. We have worked with County Attorney Jody Sturtz Hall in the past and always
resolved these matters in an amicable and satisfactory way.
Verizon Wireless recently completed a similar installation at the City of Northville water
tower. We would hope to use a similar rent schedule ($2,000 per month) for this suburban/rural
installation. '
As a reference, we offer Jim Gallogley, Public Works Director, City of Northville (248-
449-9930).
On behalf of Verizon Wireless, we thank you for your consideration of this most
interesting project.
Very Truly Yours,
JONATHAN R. CRANE, P.C.
T
Jo . rane
JRC/cmd
enclosures
cc: Jody Sturtz Hall
Dale Wolicki
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ITEM #8
Request for Authorization to Begin Negotiations
For Possible License Agreement SBA Tower Company
Glen Oaks County Park
Staff has received a request from SBA Tower Company (see attached letter) to enter into
a license agreement to allow SBA to construct a communication tower at Glen Oaks
County Park. Therefore, staff with the assistance of Oakland County Corporation
Counsel is hereby requesting the authorization of the Oakland County Parks and
Recreation Commission to begin negotiations of said license agreement.
mdh
8-1
ETENCER, PLLC
3033 Moon Lake Drive
West Bloomfield, MY 48323
248-514-8333
248-865-8829 Facsimile
August 27, 2007
Mr. Daniel J. Stencil, Executive Officer
Oakland County Parks and Recreation
2800 Watkins Lake Road
Waterford, MI 48328
RE: Glen Oaks Golf Course, SBA Tower Site
Dear Mr. Stencil:
I represent SBA Tower Company, which builds towers and leases space to all the cellular
and WWI Companies in the area. It is also the sole tower company contracted to erect
towers on State of Michigan land SBA is interested in building a tower in the City of
Farmington Hills, which is underserved by cellular and does not have enough towers for
WWI coverage. One reason for the "dead zones" in the city, is the zoning requirement
that towers be placed at least 500 feet from residential. This is a difficult task in a
bedroom community.
Glen Oaks has enough land to meet the city zoning requirements, therefore, SBA would
like to lease a small parcel of land to locate a 120' monopole tower. Within the leased
area SBA would sublet smaller portions to each cellular and WIR company to locate its
radio equipment on. One location, which would be ideal for this, is the woods where the
toilet facilities are on the front nine.
We will handle all aspects of obtaining approval and construction of the site; soil borings,
survey, construction drawings, zoning and building permit. The lease would be a long-
tex.m.'Lease: an initial uVe-year term wi up to ten, five-year automatic renewals. the
option period is for twelve months for a fee of $500,00, to extend the option period for an
additional twelve months would provide for an additional $500.00 payment. Rent is 25%
of the rent paid by each carrier, paid on a monthly basis. The tower will be able to
accommodate up to six (6) carriers.
I will contact you to discuss the feasibility of proceeding with a lease and site walk. If
you have any questions before that time, please call me.
Sincerely,
Ellen Tencer
8-2
ITEM #9
OAKLAND COUNTY 4-H FAIR ASSOC. CONTRACT APPROVAL
Staff from Parks and the Oakland County-H Fair Association have met to
discuss details to renew the Professional Services Contract for operation of the
Springfield Oaks Activity Center; the current contract expires November 4, 2007.
The proposed renewal is for one year.
Since the contract was approved just a few months ago, a full copy of the
proposed contract was not copied and enclosed again. However, a copy will be
available at the meeting for any questions.
Two changes are being proposed:
• Section 4, Paragraph 4.10 is now proposed to have the Oakland County
4-H Fair responsible for utilities for the buildings noted.
• Section 4, Paragraph 4.13, has added a phrase for meetings that pertain
to the premises.
Copies of the pages detailing the changes are attached.
This proposed contract has been reviewed and approved by Oakland
County Corporation Counsel.
Staff is requesting Commission approval of the proposed contract.
9-1
L. BROOKS PATTERSON-COUNTY EXECUTIVE
COAKL�D:� OAKLAND COUNTY
COUNTY M I C H I G A N PURCHASING DIVISION
Activities Center, and shall have the right to utilize the Premises for any purpose, except that its
use of the Premises shall not interfere with events scheduled by the Contractor on behalf of the
Commission.
§4. SCOPE OF CONTRACTOR'S SERVICES AND FINANCIAL OBLIGATIONS TO THE
COMMISSION. Contractor agrees to provide, under the direction of the Commission,
management, services and operation of the Premises as follows:
4.1. To provide a full-time facility manager.
4.2. To provide the necessary staff to operate the facility and manage any special events.
4.3. To provide the necessary staff for the supervision and management for all rental activities
at the facility.
4.4. To honor and carry out all current rental agreements for the facility.
4.5. To schedule and be responsible for all rental agreements during the term of this
Agreement and to use the form attached as Attachment C for all such rentals. Contractor
will complete an "Event Proposal Form" — Attachment D for all new events/programs
subject to Commission's representative's approval. The Commission can use the
Premises without charge; however, the Commission will be charged for costs incurred by
the Contractor for materials and incidentals not identified in Attachment D, if applicable.
Contractor will provide the Commission with an Annual/Marketing plan and event
schedule annually, on or before December 1.
4.6. To plan, prepare, organize and manage, in cooperation with the Commission, the annual
fair which will be called the "Oakland County Fair."
4.7. To require that after any event on the Premises that the Premises are cleaned up and
returned to a sanitary and presentable condition acceptable to the Commission, and if
necessary, Contractor will perform any clean up itself.
4.8. To clean and maintain the interior of the building known as the "Activities Center" and
the area immediately surrounding that building in order to ensure the ongoing operations
of that building. Contractor's responsibilities to maintain the other areas or facilities
located on the Premises, excluding the "Activities Center", shall only extend to those
times that events are held in other areas or facilities located on the Premises.
4.9. To use its best efforts to advertise the facility and expand its use as contemplated in
Attachment I.
4.10.
To be responsible for the payment of utilities for the following: t'
Administration Building, Ellis Barn, Oaks Barn, Miracle of Birth Barn,
Septic System New Campground (2007)Fairground Pit Parking Lot Lights in the Field.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Page 5
Deleted: Upon completion of the
proposed Building E the Contractor
agrees to pay One Thousand Dollars per
year to the Commission for the utilities
used at the Springfield Oaks County Park.
Payment of the One Thousand Dollars is
due in the calendar year that Building E is
completed, and on January 2 of every
year thereafter.
Formatted: Indent: Left: 0.5"
9-2
L. BROOKS PATTERSON-COUNTY EXECUTIVE
IfOAKL D . OAKLAND COUNTY
COUNTY M I C H I G A N PURCHASING DIVISION
Utilities include electrical service, phone, fax and Internet. All meters/lines for any
these utilities will be placed in the name of the Oakland County 4-.H Fair Association.
4.11. To establish and maintain according to generally acceptable accounting principles,
complete financial records for this facility, which shall be made available to the
Commission or the Commission's agents for inspection upon reasonable request.
4.12. To place Two Thousand Dollars ($2,000.00) annually in a separate account with
Contractor for the specific purpose of on -going repairs and maintenance of the Ellis Barn.
Contractor must provide documentation to the Commission.
4.13. To include the Commission in any meetings of whatever nature with any governmental
authority, that pertain to the Premises.
4.14. To comply with and inform all users of the Premises of all Rules and Regulations as
promulgated by the Commission except as otherwise noted in this Contract. Contractor
will sell no alcohol on the Premises without prior Commission approval. Contractor will
report violations of local, state, and federal laws, rules, ordinances, regulations to the
Park Deputies and/or police as soon as Contractor becomes aware of such violations. See
Attachment E.
4.15. To comply with all local, state, and federal laws, rules, ordinances, regulations and codes
pertaining to buildings, building safety, fire hazards, fire marshal regulations, use and
installation of utilities, and safe storage of materials and flammables.
4.16. To comply with all local, state, and federal laws, rules, ordinances, regulations and codes
pertaining to operating a park and camp grounds that apply to the Premises.
4.17. To honor and comply with the terms of the Commission's food service agreement with
Oak Management Corporation. Any Exclusionary Agreements (Attachment F) must be
in writing with copies provided to the Commission's representatives.
4.18. To comply with the Guidelines of Attachment G, as promulgated by the Commission.
4.19. To comply with directives of the Commission or Commission designee that pertains to
the use, operation, and maintenance of the Premises.
§5. COMMISSION OBLIGATIONS FOR CONTRACTOR'S SERVICES
5.1. Except as otherwise expressly provided for in this Contract, the Commission's sole
financial obligation to the Contractor for any Contractor services under this Contract shall
be to allow Contractor to retain any fees and third party payments received from
sponsoring events on the Premises.
5.2. Under no circumstances shall the Commission be responsible for any cost, fee, fine,
penalty, or direct, indirect, special, incidental or consequential damages incurred or
suffered by Contractor in connection with or resulting from the Contractor's providing
any services under this Contract.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET -PURCHASING DIVISION -PROFESSIONAL SERVICES
CONTRACT NUMBER
Page 6
9-3
ITEM # 10
EXECUTIVE SESSION
Staff is requesting an Executive Session to discuss a proposed land acquisition.
10-1
ITEM #11
EXECUTIVE OFFICER'S REPORT
---Springfield Oaks Water Tower: The water system, on several occasions recently, has failed. Staff has been
working with the county and state health departments to resolve the problem. Staff will provide an update at the
meeting.
---Information Technology Assessment and Master Plan: As part of the comprehensive strategic master
planning process, IT is preparing a needs assessment with project scope identifying gaps and technology
requirements to fully integrate parks and recreation operations. The needs assessment will include a cost
projection. A formal presentation will be made at a future commission meeting.
---City of Ferndale: Attached for your information is a copy of the letter sent to the city of Ferndale in response to
their correspondence regarding the collection of property taxes.
---Upcoming Events:
• October 7: Fall Classic Car Show; Independence Oaks; 12 — 4 p.m.
• October 14: Hidden Forest Trail Run; Independence Oaks, 9:30 a.m.
• October 20: Boo -Bash; Addison Oaks, including games, contests and haunted trail from 1 —10 p.m.
---Next meeting: The next meeting is 9 a.m. on Wednesday, November 7 at the Parks Commission's
administration office.
2800 Watkins Lake Road e Waterford, Michigan 48328-1917
248.858.0906 • Fax 248.858.1683 ^ TTY 248.858.1684 0 1.888.00PARKS
III"COUNTrYPARKSI
Pecky D. Lewis, Jr.
Chairman
Richard Skarritt
Vice Chairman
J. David VanderVeen
Secretary
Hugh D. Crawford
Vincent Gregory
Eileen T. Kowall
John P. McCulloch
Charles Palmer
John Richards
)elley G. Taub
Daniel J. Stencil
Executive Officer
September 7, 2007
Jagminder Singh, Assessor/Treasurer
City of Ferndale
300 East Nine Mile Rd
Ferndale, MI 48220-1797
Dear Mr. Singh:
www.oal,,gov.com/parl(st-ec
Thank you for your correspondence regarding the collection of property taxes
for 2007 by taxing authorities including Oakland County Public Transportation
Authority, Huron -Clinton Metropolitan Authority and the Oakland County Parks
and Recreation Commission.
Enclosed is the legal opinion of the Oakland County Corporation Counsel
regarding the authority of the City of Ferndale to charge for tax collection and
the authority of the Oakland County Parks and Recreation Commission to
change the tax collection period.
As noted in the legal opinion, it is our position that the City of Ferndale does not
have the authority to charge the Oakland County Parks for collecting the winter
tax and the Oakland County Parks and Recreation Commission does not have
the ability to move its winter tax collection to the summer.
In light of this opinion, it appears that the potential solution would have to
include legislation to support your proposed intentions.
If you should have any questions regarding this correspondence, please contact
me at 248.858.4944(o), 248.343.6214 (c) or stencild a,oakgov.com.
11-2
0 D:\$Data\My documents\DAN\FerndaleTaxLtr.doc
ur mission is to provide recreational, leisure and learning experiences that enhance quality of life.
Jagminder Singh
Page 2
September 7, 2007
We appreciate your inquiry regarding this situation. Thank you for your
continued support of the Oakland County Parks and Recreation Commission.
Sincerely,
Daniel J. Stencil
Executive Officer
cc: Patrick Dohany, Oakland County Treasurer
Judy Cunningham, Oakland County Corporation Counsel
Robert Bruner, City of Ferndale Manager
Andy Meisner, Michigan State Representative
David Coulter, Oakland County Commissioner
Enclosure:
Corporation Counsel Opinion
DS/jg
11-3
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