HomeMy WebLinkAboutAgendas/Packets - 2008.06.04 - 40155Pecky D. Lewis, Jr.
Chairman
Richard Skarritt
Vice Chairman
J. David VanderVeen
Secretary
Hugh D. Crawford
Vincent Gregory
Gregory C. Jamian
Eileen T. Kowall
John P. McCulloch
r -les Palmer
ay G. Taub
Daniel J. Stencil
Executive Officer
2800 Watkins Lake Road • Bldg 97W • Waterford, MI 48328-1917
248.858.0906 • 1.888.00PARKS • www.oal<gov.com/parl<srec
Mm Z'
ICOUNTY P S
May 29, 2008
Oakland County Parks
and Recreation Commission
Oakland County, Michigan
Commissioners:
A meeting has been called of the Parks and Recreation Commission as follows:
PLACE ....................... Independence Oaks County Park
9501 Sashabaw Rd
Clarkston, 48348
248.625.0877
(See map with detour information)
TIME ........................ Wednesday, June 4, 2008
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
Executive Officer
Parks and Recreation
Next Meetings: Friday —Tuesday, July 11-15: NACo Annual Conference; Kansas City, MO
Wednesday, July 23; Regular Meeting and Budget Work Session
PLEASE NOTE THE CHANGE OF
MEETING LOCATION
D:\$Data\My documentsTOMMISSN\agendaltr.doe
0 ur mission is to provide recreational, leisure and learning experiences that enhance quality of life.
Oakland County Parks'` I Recreation Commission
Independence''vaks County Park
9501 Sashabaw Rd
Clarkston, MI 48348
June 4, 2008
Agenda
1. Call Meeting to Order 9:00 a.m.
Pledge of Allegiance
2. Roll Call
3. Public Comments
4. Commission Meeting Minutes for May 7, 2008
5. Combined Statement of Operations FM 7, FY 2008 for month ending 4/30/08
6. Activity Report for April, 2008 (FM 7, FY 2008)
7. Audit Report
8.
9.
10
11
12
13
14
15.
16.
July is Parks and Recreation Month Resolution
"Place -based Economy/Tourism" Presentation
Glen Oaks DTE Easement Agreement
Highland Oaks DTE Easement
Action Required
Approval
Information
Information
Approval
Approval
Information
Approval
Approval
East Michigan District of the Wesleyan Church Purchase Agreement Resolution Approval
Tolliver Purchase Agreement Resolution Approval
Dalton Industries Purchase Agreement Resolution Approval
Samuel Farm Lease Agreement Resolution— Springfield Oaks Approval
Kidwell Residence Lease Agreement Resolution — Waterford Oaks Approval
Presenter/Phone #
P. Lewis / 646.5917
K. Kohn / 858.4606
F. Trionfi / 858.4607
S. Wells / 858.4634
F. Trionfi / 858.4807
S. Cox / 858.4612
D. Stencil / 858.4944
L. Falardeau/OCPEDS/858.5438
M. Hughson / M. Thibodeau
M. Hughson / 858. 5380
J. Noyes / 858.4624
M. Hughson / D. Stencil
M. Hughson / D. Stencil
M. Hughson / D. Stencil
M. Hughson/J. Ross/D. Stencil
M. Hughson/J. Ross/D. Stencil
Con't.
D. Stencil 1 L• Younger
J 858.4625
Approval 7. pung
anon a / g58.4624
phase II Inform S. Fig
ent — anon D. Stencil
Contract An1ei d Inform
PROS Consulting Marketing Initiatives anon
1�. Inform
-sew Com'znlcations � erly Report
18. Nanm- d Developn1ent Quart
19. Design
pfficer's Report W eager etc.
24 EXecutive ro rfatel for W
2I . a
old Business Tess a
d
New Business aks Park TOUT please
23.
22. endenCe �
Adjourn to lndep
OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING
May 7, 2008
Chairman Lewis called the meeting to order at 9:10 a.m. in the Dark/Freezing Room of the Ford Education
Center at the Detroit Zoo.
COMMISSION MEMBERS PRESENT:
Chairman Pecky D. Lewis, Jr., Vice Chairman Richard Skarritt, Secretary J. David VanderVeen, Hugh D.
Crawford, Gregory Jamian, Eileen Kowall, John McCulloch, Charles Palmer, Shelley Taub
COMMISSION MEMBERS ABSENT:
Vincent Gregory
ALSO PRESENT:
Parks and Recreation
Oakland County Information Technology
Oakland County Purchasing
The Detroit Zoo
PROS Consulting, Inc.
PUBLIC COMMENTS:
Daniel J. Stencil, Executive Officer
Sue Wells, Administrator— Parks & Rec. Operations
Frank Trionfi, Administrator — Parks Administration
Mike Thibodeau, Chief of Golf
Janet Pung, Marketing & Communications Officer
Jim Dunleavy, Chief of Recreation
Phil Castonia, Park Supervisor
Mike Donnellon, Architectural Engineer II
Jon Noyes, Architectural Engineer II
Sheila Cox, Accountant IV
Melissa Prowse, Strategic Planning Manager
Suzanne Kici, Office Assistant
Mary Murphy, Intern
Ben Ringelberg, Intern
Phil Bertolini, Deputy County Executive I, IT Admin.
Scott Oppman, Manager, Application Services
Rochelle Meacham, Project Manager
Dawn Siegel, IT Application Services
Joan Daniels, Buyer II
Ron Kagan, Director
John Anderson, Park Operations Manager
Leon Younger, President
No questions were asked, nor comments received, by the public.
WELCOME:
Detroit Zoo Director Ron Kagan welcomed Parks Commissioners and staff to the Zoo, sharing information
about their millage proposal and independent authorities that would be created. He also noted that the city of
Detroit owns the property and provides reimbursement for security and insurance, while the Detroit Zoological
Society has full maintenance and operations responsibility.
APPROVAL OF MINUTES:
Moved by Mr. Palmer, supported by Mr. Crawford to approve the minutes of the regular
meeting of March 12, 2008, as written.
4-1
(Commission Meeting, May 7, 2008)
AYES: Crawford, Jamian, Kowall, Lewis, McCulloch, Palmer, Skarritt, Taub, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
COMBINED STATEMENT OF OPERATIONS:
Moved by Mrs. Taub, supported by Mrs. Kowall to accept the Combined Statement of
Operations for the months ending February 29, 2008 and March 31, 2008 (FM 5 & 6, 08) as
filed.
AYES: Crawford, Jamian, Kowall, Lewis, McCulloch, Palmer, Skarritt, Taub, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
CAPITAL IMPROVEMENT PROGRAM BUDGET REPORT:
The Capital Improvement Program Budget Report as of March 31, 2008 was accepted as filed.
ACTIVITY REPORT:
The Activity Report for the month of March, 2008 was accepted as filed.
INTRODUCTION:
Chief of Recreation Jim Dunleavy introduced Mary Murphy and Ben Ringelberg, interns from Central Michigan
University, who are working with Recreation Section staff on Senior and Therapeutic Recreation programs,
along with Special Events.
STRATEGIC MASTER PLAN FINAL DRAFT:
Moved by Mr. Crawford, supported by Mrs. Taub to adopt the following resolution to accept
the final draft of the Strategic Master Plan:
WHEREAS, the mutual intent of the Oakland County Parks and Recreation
Commission and its staff is to provide facilities, programs, and services that meet the needs
and expectations of the Oakland County residents while being provided in the most efficient
and effective means; and
WHEREAS, a strategic master plan has been developed as a planning tool and to
provide direction in operations and management of the system; and
WHEREAS, the strategic master plan has been developed with a focus on four main
areas: land, recreation facilities, recreation programs and services, and operational and
financial sustainability; and
WHEREAS, this plan was developed through citizen input, county -wide surveys,
commissioners focus groups, and stakeholder interviews; and
WHEREAS, the strategic master plan will be the planning guideline for the Oakland
County Parks and Recreation Commission through 2017.
4-2
(Commission Meeting, May 7, 2008)
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and
Recreation Commission accepts the Strategic Master Plan, as prepared by PROS
Consulting.
BE IT FURTHER RESOLVED that this Strategic Master Plan be forwarded to the
Oakland County Board of Commissioners for their information.
AYES: Crawford, Jamian, Kowall, Lewis, McCulloch, Palmer, Skarritt, Taub, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
Mr. Younger noted strategies and tactics have been prioritized, with work groups and deadlines established.
Melissa Prowse, as Strategic Plan Implementation Coordinator, will establish flowcharts of the processes and
coach the teams.
Staff will be dedicating approximately five hours a week to the strategic planning process. Some of the
challenges facing the organization include:
Changing the culture of the department to focus on
efficiently and effectively
Managing partnerships effectively
Coordinating with all of the other municipalities to
complementary regional planning
outcomes and performance measures to work
avoid duplicating services, and working toward
Executive Officer Stencil noted that a proposal will be brought to the Commission for approval at the June 4
meeting to extend the contract with PROS Consulting to include a second and possible third phase.
INFORMATION TECHNOLOGY MASTER PLAN:
Scott Oppman, Manager of Application Services at Oakland County Information Technology, presented
the proposed technology master plan for Oakland County Parks, noting a three-year capital improvement
project plan for this program has been identified, with an estimated three-year cost of $4.5 million dollars.
That amount does not include operating or staff training costs. The next steps include determining detailed
costs for budgeting purposes, looking outside of parks and recreation to establish partnerships, and begin
implementation and establishing new services.
A comprehensive report will be compiled, detailing staffing, hardware, and software requirements, along
with how the plan will correlate with the Parks' strategic master plan.
Commission accepted the general overview of the plan.
CATALPA OAKS MASTER PLAN:
Architectural Engineer Jon Noyes presented the conceptual master plan for Catalpa Oaks, which was
designed in-house. Staff incorporated the strategic plan into the proposed park master plan, ensuring the
plans fit into the Parks' vision for our major goals.
The proposed master plan for the park is a regional field sports complex that includes 13 soccer fields of
varying sizes to accommodate different age groups, cricket pitch, sledding hill, softball field, 1.2-mile walking
trail, playground, and three picnic shelters.
Commissioner McCulloch recommended staff contact the Oakland County Health Department to discuss
4-3
(Commission Meeting, May 7, 2008)
their plans for the site.
Commission emphasized the importance of ensuring enough recreation opportunities are provided in the
plan for the growing senior population.
Moved by Mr. Crawford, supported by Mr. McCulloch to approve the concept of the proposed
Catalpa Oaks master plan.
AYES: Crawford, Jamian, Kowall, Lewis, McCulloch, Skarritt, Taub, VanderVeen (8)
NAYS: Palmer (1)
Motion carried on a voice vote.
The proposed plan will be available online for 30 days for citizen input, plus a hard copy will be available for
review at the administration office. Staff will compile all comments for review and possible incorporation, then
bring back the final plan for Commission approval.
LAND ACQUISITION MODEL:
Mr. Noyes shared brief information on a land acquisition model staff is creating that will consist of a model
based on the four major areas of the strategic master plan.
LYON OAKS WETLAND MITIGATION:
Moved by Mr. McCulloch, supported by Mrs. Kowall to extend the contract with Niswander
Environmental for a period not to exceed five years, to allow for the implementation of annual
monitoring and maintenance of the Lyon Oaks wetland mitigation project constructed in
November, 2007.
AYES: Crawford, Jamian, Kowall, Lewis, McCulloch, Palmer, Skarritt, Taub, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
QUARTERLY PURCHASING REPORT:
The Purchasing Report for the second quarter of Fiscal Year 2008 was accepted as filed, with the
recommendation to add a column to the report that reflects the budgeted amount, as appropriate.
EXECUTIVE OFFICER'S REPORT:
In addition to the Executive Officer's report filed in the agenda, the following information was noted:
---The Nature Conservancy has proposed legislation at the state to initiate a constitutional amendment that
proposed the establishment of bonding for the Michigan Natural Resources Trust Fund and also adding a cap
on the funds that could be used for capital. The Parks Commission may be requested to adopt a resolution
regarding this proposed legislation.
---Chief of Golf Operations Mike Thibodeau's impending retirement was announced, with the Commission
congratulating Mr. Thibodeau for his 35 years of service to the Parks.
---A tour of Independence Oaks will immediately follow the next Commission meeting, which will be held at the
Lewis E. Wint Nature Center at Independence Oaks.
4-4
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
COMBINED STATEMENT OF OPERATIONS
FM 7, FY 2008
(FOR MONTH ENDING 4/30/08)
2008
YEAR TO
(OVER),
% OF
REVENUE
BUDGET
DATE
UNDER BUDGET
BUDGET
ADMINISTRATION: Millage Tax
$14,850,000.00
$14,523,922.07
$326,077.93
97.8%
Other
274,300.00
630,044.87
(355,744.87)
229.7%
GLEN OAKS GOLF COURSE
1,256,400.00
288,543.96
967,856.04
23.0%
LYON OAKS GOLF COURSE
1,249,500.00
243,502.43
1,005,997.57
19.5%
RED OAKS GOLF COURSE
419,000.00
66,019.51
352,980.49
15.8%
SPRINGFIELD OAKS GOLF COURSE
875,160.00
216,114.73
659,045.27
24.7%
WHITE LAKE OAKS GOLF COURSE
1,021,750.00
227,385.26
794,364.74
22.3%
INDEPENDENCE OAKS NATURE CENTER
48,000.00
19,425.56
28,574.44
40.5%
ADDISON OAKS
416,790.00
78,449.84
338,340.16
18.8%
ADDISON OAKS CONFERENCE CENTER
115,000.00
30,335.96
84,664.04
26.4%
GROVELAND OAKS
732,600.00
39,197.09
693,402.91
5.4%
HIGHLAND OAKS
0.00
1,418.00
(1,418.00)
0.0%
INDEPENDENCE OAKS
327,125.00
105,689.13
221,435.87
32.3%
LYON OAKS
347,000.00
256,443.00
90,557.00
73.9%
ORION OAKS
106,000.00
52,172.00
53,828.00
49.2%
ROSE OAKS
1,700.00
882.00
818.00
51.9%
SPRINGFIELD OAKS ACTIVITY CENTER/PARK
13,000.00
352.00
12,648.00
2.7%
WATERFORD OAKS ACTIVITY CENTER/PARK
29,788.00
14,659.72
15,128.28
49.2%
RECREATION ADMINISTRATION
28,400.00
20,525.50
7,874.50
72.3%
CATALPA OAKS
0.00
2,436.00
(2,436.00)
0.0%
MOBILE RECREATION
387,050.00
136,648.50
250,401.50
35.3%
RED OAKS WATERPARK
834,700.00
1,639.96
833,060.04
0.2%
WATERFORD OAKS BMX COMPLEX
16,600.00
230.00
16,370.00
1.4%
WATERFORD OAKS GAMES COMPLEX
16,000.00
12,045.00
3,955.00
75.3%
WATERFORD OAKS TOBOGGAN COMPLEX
120,500.00
143,939.46
(23,439.46)
119.5%
WATERFORD OAKS WATERPARK
796,500.00
1,324.50
795,175.50
0.2%
TOTAL REVENUE
$24,282,863.00
$17,113,346.05
$7,169,516.95
70.5%
OPERATING EXPENSES
ADMINISTRATION
$4,367,001.00
$2,142,344.71
$2,224,656.29
49.1%
GLEN OAKS GOLF COURSE
1,211,030.00
542,857.45
668,172.55
44.8%
LYON OAKS GOLF COURSE
2,065,155.00
940,354.92
1,124,800.08
45.5%
RED OAKS GOLF COURSE
790,966.00
329,497.63
461,468.37
41.7%
SPRINGFIELD OAKS GOLF COURSE
980,836.00
424,772.37
556,063.63
43.3%
WHITE LAKE OAKS GOLF COURSE
1,095,973.00
468,528.32
627,444.68
42.7%
INDEPENDENCE OAKS NATURE CENTER
512,455.00
229,904.16
282,550.84
44.9%
ADDISON OAKS
1,574,613.00
576,630.80
997,982.20
36.6%
ADDISON OAKS CONFERENCE CENTER
252,279.00
146,101.26
106,177.74
57.9%
GROVELAND OAKS
1,523,269.00
428,138.12
1,095,130.88
28.1%
HIGHLAND OAKS
51,550.00
10,236.19
41,313.81
19.9%
INDEPENDENCE OAKS
1,215,364.00
517,975.13
697,388.87
42.6%
LYON OAKS
651,522.00
404,347.30
247,174.70
62.1%
ORION OAKS
202,054.00
55,736.21
146,317.79
27.6%
ROSE OAKS
50,734.00
9,845.07
40,888.93
19.4%
SPRINGFIELD OAKS ACTIVITY CENTER/PARK
409,839.00
130,695.97
279,143.03
31.9%
WATERFORD OAKS ACTIVITY CENTER/PARK
545,243.00
363,687.54
181,555.46
66.7%
RECREATION ADMINISTRATION
643,432.00
383,151.95
260,280.05
59.5%
CATALPA OAKS
86,375.00
5,002.05
81,372.95
5.8%
MOBILE RECREATION
810,166.00
271,203.25
538,962.75
33.5%
RED OAKS WATERPARK
1,640,636.00
424,762.17
1,215,873.83
25.9%
WATERFORD OAKS BMX COMPLEX
50,637.00
10,108.86
40,528.14
20.0%
WATERFORD OAKS GAMES COMPLEX
38,947.00
25,620.28
13,326.72
65.8%
WATERFORD OAKS TOBOGGAN COMPLEX
364,135.00
239,325.54
124,809.46
65.7%
WATERFORD OAKS WATERPARK
1,262,172.00
237,577.69
1,024,594.31
18.8%
TECHNICAL SUPPORT
1,518,447.00
746,680.44
771,766.56
49.2%
CONTINGENCY/INTERNAL SERVICE CHARGES*
474,308.00
104,510.92
369,797.08
N/A
$24,389,138.00
$10,169,596.30
$14,219,541.70
41.7%
REVENUE OVER/(UNDER) EXPENSES
($106,275.00)
$6,943,749.75
($7,050,024.75)
2008
2007
ACTUAL REVENUE TO DATE:
70.5%
66.5%
BUDGET BALANCE:
29.5%
33.5%
ACTUAL EXPENSE TO DATE:
41.7%
41.7%
BUDGET BALANCE,
58.3%
58.3%
*CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT.
(Page 1 of 3) 5r1
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
COMBINED STATEMENT OF OPERATIONS
FM 7, FY 2008
(FOR MONTH ENDING 4130/08)
CONTINGENCY: BUDGET AMENDMENTS
$80,642 TO ADMINISTRATION (OCP&RC-NOV./POSTED MAR.)
$46,050 TO INDEPENDENCE OAKS (OCP&RC-NOV./POSTED MAR.)
CONTINGENCY: PENDING
OTHER: BUDGET AMENDMENTS
$18,000 REVENUE AND EXPENSE INCREASE FOR SPRINGFIELD OAKS GOLF COURSE MDEQ REFINED PETROLEUM FUND
REIMBURSEMENT PROGRAM (OCP&RC-JAN/POSTED FEB.)
OTHER: PENDING
5-2
(Page 2 of 3)
07-08
ACTIVITY REPORT
APRIL, 2008 (FM07, FY2008)
* 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
CATALPA OAKS PARK
Day Use
GROVELAND OAKS PARK
Campers
Day Use
Day Campers
HIGHLAND OAKS PARK
Day Use
INDEPENDENCE OAKS PARK
Day Use
Day Campers
Overnight Youth Group Campers
LYON OAKS PARK
Day Use
Dog 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
4CTIVITY REPORT.As, APR08
0,;AAKLAND
PARTICIPANTS (MONTH) PARTICIPANTS (YTD)
FM07, FY07
FM07, FY08 FY2007
FY2008
0
0
5,998
6,968
1,512
680
5,560
5,631
0
0
0
0
2,146
2,153
16,615
17,913
4,103
0
5,936
0
0
0
0
0
0
0
0
0
0
0
0
300
426
300
2,046
12,748
18,302
94,373
87,836
0
0
1,391
263
130
0
1,120
410
607
457
4,191
3,682
6,977 1
5,2501
31,079
1 28,867
1,984
2,234
8,962
14,984
4,720
5,470
36,952
39,010
256
652
6,568
4,093
1,058
607
8,197
3,542
0
0
0
0
2,444
3,107
19,111
18,032
455
165
3,672
3,611
465
1,355
1,462
2,300
3,028
1,770
11,750
5,234
0
0
5,998
6,968
21,493
29,231
139,901
132,984
0
0
1,391
263
130
0
1,120
410
11,697
10,720
68,031
67,877,
0
0
0
0'
455
165
3,672
3,611
ACTIVITY REPORT 0,:�)AKLAND
APRIL, 2008 (FM07, FY2008)
GOLF COURSES
* Not included in program totals - only in combined totals. PARTICIPANTS (MONTH) PARTICIPANTS (YTD)
In-house events are counted in facility totals. FM07,FY07
FMO7,FY081 FY20071
FY2008
GLEN OAKS
Rounds Played - 9 Holes
1,626
2,229
4,277
4,116
Rounds Played - 18 Holes
555
609
1,658
1,529
*Banquet Facilities
2,711
2,565
23,916
22,645
**Grill Room (**Not included in totals)
1,404
1,117
2,178
1,750
LYON OAKS
Rounds Played - 9 Holes
228
588
487
867
Rounds Played - 18 Holes
945
891
2,727
2,968
Driving range
1,347
1,507
2,107
2,426
*Banquet Facilities
340
171
7,397
8,195
**Grill Room (**Not included in totals)
1,137
1,246
2,717
2,762
RED OAKS
Rounds Played - 9 Holes
1,669
1,890
3,639
3,769
SPRINGFIELD OAKS
Rounds Played - 9 Holes
1,366
1,857
2,817
3,294
Rounds Played - 18 Holes
990
1,081
3,128
3,305
**Grill Room (**Not included in totals)
671
1,691
1,559
2,826
WHITE LAKE OAKS
Rounds Played - 9 Holes
1,264
1,267
3,134
2,462
Rounds Played - 18 Holes
979
467
2,270
1,322
*Banquet Facilities
422
1,107
7,484
8,976
**Grill Room (**Not included in totals)
251
1,260
1,323
2,212
TOTAL ROUNDS PLAYED - 9 HOLES
6,153
7,831
14,354
14,508
TOTAL ROUNDS PLAYED -18 HOLES
3,469
3,048
9,783
9,124
TOTAL DRIVING RANGE
1,347
1,507
2,107
2,426
07-08 ACTIVITY REPORT.xis, APR08 6- 2 of 4
ACTIVITY REPORT r.��JAKLAND
APRIL, 2008 (FM07, FY2008) %W-1 ZI AV 9.1 1 ; k
RECREATION,.
* Not included in program totals - only in combined totals PARTICIPANTS (MONTH) PARTICIPANTS (YTD)
* Not included in program totals - only in combined totals. FM07,FY07
FM07,FY08 FY2007
FY2008
MOBILE RECREATION
Bleachers
1
1
13
4
Bouncers
1,625
300
6,880
5,020
Bus
2,295
1,620
9,900
8,235
Climbing Wall/Tower
200
100
700
900
Dunk Tank
233
0
466
0
Inline Skate Mobile/Hockey Mobile
0
0
0
205
Puppet
170
0
340
0
Show Mobile
4
3
12
19
Adventure Sport Mobile
0
0
120
160
Tents
15
2
36
20
Camps
0
0
0
0
Miscellaneous
0
0
0
410
WATERFORD OAKS BMX
0
0
0
0
WATERFORD OAKS COURT GAMES COMPLEX
0
204
640
1,053
WATERFORD OAKS FRIDGE
0
0
21,063
22,531
WATERFORD OAKS LOOKOUT LODGE
340
505
1,929
1,479
WATERFORD OAKS WATERPARK
0
0
0
0
RED OAKS WATERPARK
0
0
0
0
THERAPEUTIC EVENTS
362
273
3,682
4,853
SENIOR EVENTS
160
0
1,1481
948
TOTAL MOBILE RECREATION VISITS
1 4,543
1 2,026
1 18,4671
14,973
TOTAL FACILITIES AND SPECIAL EVENTS
862
9821
28,462
1 30,864
07-08 ACTIVITY REPORT.As, APR08 6-3 of 4
ACTIVITY REPORT
APRIL, 2008 (FM07, FY2008)
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
0-1110
PARTICIPANTS (MONTH)
FM07, FY07 FM07, FY08
1,770 2,107
1,300 835
6,097 8,670
282
177
0
109
684
512
2,052
2,284
1,300 944
PARTICIPANTS (MONTH)
FM07, FY07
FM07, FY08
33,775
40,116
10,969
12,386
5,405
3,008
3,352
3,228
8,528
10,458
62,029
69,196
Therapeutic/Senior Event Breakdown
TR: Bball-55; TGIF-99; Royal Oak-87; Beaumont-10; Blaze Sports-22;
Ellis Barn - 150
AND
YA ► �
PARTICIPANTS (YTD)
FY20071 FY2008
13,149
10,529
3,404
3,315
53,714
49,216
2,218
1,358
956
573
4,440
4,001
15,367
11,887
4,360 3,888
PARTICIPANTS (YTD)
FY2007
FY2008
220,113
212,113
26,244
26,058
46,929
45,837
19,727
15,775
75,985
78,061
388,998
377,844
REVISED 10/6/04 Note: Deleted Grill Room numbers from Combined Totals. {
07-08 ACTIVITY REPORT.As, APR08 6-4 of 4
ITEM # 7
FISCAL YEAR 2007 AUDIT REPORT
Enclosed is a copy of the audit report from Plante & Moran for the Fiscal Year 2007
financial records of the Oakland County Parks and Recreation Commission. The report
shows we are in sound financial condition. The net worth of the Commission as of
September 30, 2007 as indicated on page 2 of the Management Discussion and Analysis
section was $86,314,153. This includes a Capital Assets, net of accumulated depreciation
and related debt, balance of $67,046,850 and an Unrestricted fund balance of
$19,267,303. However, most of the $19,267,303 was already included in the Fiscal Year
2008 Capital Improvement Budget as a funding source. The difference will be
incorporated into the Fiscal Year 2009 Capital Improvement Budget. Total Liabilities
include current and long-term capital lease obligations of $1,625,000 related to the Lyon
Oaks Bond.
Our revenue budget had a favorable variance of $564,472 as shown on page 14
and our expense budget had a favorable variance of $2,843,466 as shown on page 15.
This resulted in $4,072,414 more for capital projects than originally budgeted and
$2,327,131 more than the Fiscal Year 2007 revised/adjusted budget estimate figures we
used in the Fiscal Year 2008 Capital Improvement Budget (the additional $2,327,131 will
be incorporated into the Fiscal Year 2009 Capital Improvement Budget).
As indicated on page 15 of the audit report, one of our cost centers shows an
excess of actual expenditures over budget*, however, the total actual expenses for
operations are under the total budget. Therefore, in compliance with the Michigan Uniform
Local Budgeting Act and the Commission By-laws, staff recommends the Commission
amend the Fiscal Year 2007 Operating Budget to $21,650,726, with the individual
amounts for each cost center to be the same as those shown in the "Actual" column of
page 15 of the report.
Please contact Frank Trionfi, 858-4607, or Sheila Cox, 858-4612, if you have any
questions.
*See page 2 for the Revenue and Expense Variance explanations
D:\$Data\My documents\SMMMS Word\C AGENDA\AuditReport2007.doc
7-1
Fiscal Year 2007 Audit Report
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
FISCAL YEAR 2007 REVENUE AND EXPENSE OVER BUDGET VARIANCE
SUMMARY
Park/Budget Center
Catalpa Oaks
Catalpa Oaks
Revenue
Favorable
(Unfavorable)
2007 Budget
Actual Variance
Largest Line Item(s) Expense Variance
Grounds Maintenance
D:\$Data\My documents\SMC\MS Excel\Audit\
Audit Rpt, Rev & Exp Variances.xls FY2007 7-2
Expense
Favorable
(Unfavorable)
2007 Budget
Actual Variance
$ 14,045 $ (2,820)
ITEM #8
RESOLUTION
Staff is requesting Commission approval of the attached resolution in
support of July as Recreation and Parks Month.
Est
RESOLUTION
NATIONAL RECREATION AND PARKS MONTH
WHEREAS, the Oakland County Parks and Recreation Commission's mission is
to provide all residents of Oakland County with recreational, leisure, and learning
experiences, parks, open spaces, and facilities, resulting in a comprehensive county
park system that enhances quality of life; and
WHEREAS, parks, recreation activities, and leisure experiences provide
opportunities for young people to live, grow, and develop into contributing members of
society; and
WHEREAS, parks and recreation creates lifelines and continued life experiences
for older members of our community; and
WHEREAS, parks and recreation generates opportunities for people to come
together and experience a sense of community through fun recreational pursuits; and
WHEREAS, parks and recreation agencies provide outlets for physical activities,
socialization, and stress -reducing experiences; and
WHEREAS, parks, playgrounds, nature trails, open spaces, community and
cultural centers, and historic sites make communities attractive and desirable places to
live, work, play, and visit, in a manner that contributes to our ongoing economic vitality;
and
WHEREAS, parks, greenways, and open spaces provide a welcome respite from
our fast -paced, high-tech lifestyles while simultaneously protecting and preserving our
natural environment; and
WHEREAS, parks and recreation agencies touch the lives of individuals, families,
groups, and the entire community, which positively impacts upon the social, economic,
health, and environmental quality of our community.
NOW THEREFORE BE IT RESOLVED, that the Oakland County Parks and
Recreation Commission proclaims July as Recreation and Parks Month and encourages
all citizens to celebrate healthy, active lifestyles by participating in their choice of
recreation and park activities.
Moved by
Supported by
Date: June 4, 2008
8-2
ITEM #9
"PLACE -BASED ECONOMY/TOURISM"
PRESENTATION
Larry Falardeau, Principal Planner at Oakland County Planning and
Economic Development Services, will give a presentation on "Place -Based
Economy/Tourism."
9-1
ITEM #10
REQUEST TO GRANT EASEMENT TO DETROIT EDISON COMPANY
GLEN OAKS COUNTY PARK
The Detroit Edison Company upgraded the electrical transformer adjacent to the Glen Oaks
pump house to improve overall voltage capacity to provide more reliable electric service to the
park's irrigation system. Therefore, the Detroit Edison Company has requested that the County
grant a 15-ft. wide by 480-ft. long easement for the maintenance of underground electric
service.
The proposed easement would restrict maintenance activities by the Detroit Edison Company to
the area described in the agreement. OCPR will arrange and coordinate access to the
easement area and, other than for emergency actions, all maintenance activities performed by
the Detroit Edison Company would be coordinated with OCPR staff to minimize the impact on
golf activity.
The Departments of Facilities Management and Corporation Counsel will be working with
Detroit Energy Company representatives to draft an easement agreement similar to that
proposed for Highland Oaks County Park.
Recommendation: It is the recommendation of the Oakland County Parks and Recreation staff
and Department of Facilities Management that the Oakland County Board of Commissioners
approve the granting of an easement for underground electric service to the Detroit Edison
Company for the sum of one dollar contingent upon the approval of said document by the
Oakland County's Corporation Counsel.
10-1
RESOLUTION
REQUEST TO GRANT EASEMENT FOR UNDERGROUND ELECTRIC SERVICE TO THE
DETROIT EDISON COMPANY - GLEN OAKS COUNTY PARK
WHEREAS, the County of Oakland is the owner of Glen Oaks County Park located in
Farmington Hills Township; and
WHEREAS, the Detroit Edison Company is in the process of upgrading its electrical
services facilities in the area of Glen Oaks County Park and has requested that the County of
Oakland grant a 15-ft. wide easement for underground electric service; and
WHEREAS, the Oakland County Parks and Recreation staff and the Detroit Edison
Company have agreed upon the easement area necessary for the installation and maintenance
of underground electric service at Glen Oaks County Park.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation
Commission hereby requests that the Oakland County Board of Commissioners authorize and
approve the granting of an easement for underground electric service and related
appurtenances to the Detroit Edison Company for the sum of one dollar, contingent upon the
approval of said easement by Corporation Counsel.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission hereby requests that that the Oakland County Board of Commissioners direct its
Chairperson or designee to execute said easement for underground electric service and related
appurtenances.
Moved by:
Supported by:
10-2
Date:
-AKLANa
�71rnk i " A V -1 i
Glen Oaks County Park
30500 Thirteen Mile Road
Farmington Hills, MI 48334
Oakland County Parks & Recreation
2800 Watkins Lake Road
Waterford, Ml48328
Daniel Stencil
Map Created May 27, 2008 Executive Officer
M.-
e Information provided herewith has been compiled from retarded
ds, plats, tax maps, surveys and other public records. It is not a legally
tniad map or survey and is not Intended to be used as one. Users
uld consult the information sources mentioned above when questions
Glen Oaks
Proposed
DTE Energy Easement
Glen Oaks Park Boundary ,
Proposed DTE Easement Area
-15' wide centerline
7200 sq. ft.
2006 Black &White Aerial l
Feet
0 155 310 620
ITEM #11
REQUEST TO GRANT EASEMENT TO DETROIT EDISON COMPANY
HIGHLAND OAKS COUNTY PARK
The County of Oakland established Highland Oaks County Park in June 2007. The Detroit
Edison Company is in the process of upgrading its electrical substation, improving overall
voltage capacity to provide more reliable electric service to the area and provide electric service
connection options at Highland Oaks County Park. Therefore, the Detroit Edison Company has
requested that the County grant a 12-ft. wide by 3,003-ft. long easement for overhead electric
service parallel to Milford Road.
The proposed easement would prompt the abandonment of an adjacent (existing) 15-ft wide
easement that is closer to Milford Road but whose implementation would result in the loss of a
significant number of mature oak trees.
The Departments of Facilities Management and Corporation Counsel have reviewed and/or
prepared all necessary documents related to the granting of the subject easement.
Recommendation: It is the recommendation of the Oakland County Parks and Recreation staff
and Department of Facilities Management that the Oakland County Board of Commissioners
approve the granting of the attached easement for overhead electric service to the Detroit
Edison Company for the sum of one dollar.
RESOLUTION
REQUEST TO GRANT EASEMENT FOR OVERHEAD ELECTRIC SERVICE TO THE
DETROIT EDISON COMPANY - HIGHLAND OAKS COUNTY PARK
WHEREAS, the County of Oakland is the owner of Highland Oaks County Park located
in Highland Township; and
WHEREAS, the Detroit Edison Company is in the process of upgrading its electrical
services facilities in the area of Highland Oaks County Park and has requested that the County
of Oakland grant a 12-ft. wide easement for overhead electric service; and
WHEREAS, the Oakland County Parks and Recreation staff and the Detroit Edison
Company have agreed upon a route for the said overhead electric service, which will enhance
electrical service to the area and provide electric service connection options at Highland Oaks
County Park; and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have
reviewed and/or prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation
Commission hereby requests that the Oakland County Board of Commissioners authorize and
approve the granting of the attached easement for overhead electric service and related
appurtenances to the Detroit Edison Company for the sum of one dollar.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission hereby requests that that the Oakland County Board of Commissioners direct its
Chairperson or designee to execute the attached easement for overhead electric service and
related appurtenances.
Moved by:
Supported by:
11-2
Date:
GRANT OF NON-EXCLUSIVE OVERHEAD EASEMENT IN GROSS
Detroit Edison Company (Right of Way No. 711119)
THIS EASEMENT IN GROSS located at Highland Oaks County Park, is granted this day
of 2008 by the County of Oakland, a Michigan Constitutional Corporation,
whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, (hereinafter referred to as
"Grantor") to the Detroit Edison Company, a Michigan Corporation, whose address is 2000 Second
Avenue Detroit, Michigan 48226 (hereinafter referred to as "Grantee").
FOR AND IN CONSIDERATION of One Dollar ($1.00) and other good and valuable
consideration, receipt of which is hereby acknowledged, and pursuant to the conditions set forth herein,
Grantor does hereby grant to the Grantee, and the Grantee does hereby accept the right to construct,
operate, maintain, repair and/or replace overhead electric utility line facilities and related appurtenances,
and to provide the Grantee with access to the parcels described in paragraph #1. and Exhibit A., for the
limited purpose of maintaining said overhead electric utility line facilities and related appurtenances:
1. Parcel Number(s): 11-03-200-007, 11-03-200-008, 11-03-200-011, 11-03-200-014 and 11-03-
400-012.
2. Grantor's Land is located in the Township of Highland, Oakland County, Michigan and is
known as Highland Oaks County Park described as: See attached Exhibit A.
3. Purpose: The purpose of this grant is to provide the Grantee with a permanent (subject to
Section 8), non-exclusive Easement in Gross to permit construction, installation, operation,
maintenance, replacement and removal of overhead electric utility line facilities and related
appurtenances, consisting of poles, guys, anchors, wires, manholes, conduits, pipes, cables,
transformers and accessories. Under no circumstances can the easement be used for any other
purpose than overhead electric utility line facilities.
4. Access: Grantor will provide Grantee with a reasonable route across Grantor's property to
access the easement area for the limited purpose of constructing, installing, operating,
maintaining, replacing or removal of the said overhead electric utility line facilities and related
appurtenances. However, Grantee shall not perform any maintenance and/or construction
activities, including but not limited to work on poles, guys, anchors, wires, manhole, conduits,
pipes, cables, transformers and accessories without using its best efforts to obtain prior approval
from Grantor, except for emergency repairs.
5. Grant of Easement in Gross: Grantor hereby grants and conveys to Grantee a 12-ft. wide
permanent (subject to Section 8), non-exclusive Easement in Gross described as the West 12-ft.
of the East 76.00-ft. of Grantor's property as described in the attached Exhibit A for the
11-3
construction, operation, maintenance, replacement and removal of said overhead electric utility
line facilities and related appurtenances, as shown on the attached drawing no. RFW711119.
6. Vacation of Existing Easement: By execution of this grant of easement the parties hereby
agree to vacate and release the existing 15-ft. wide easement previously granted over the
premises as recorded in Liber 14404, Page 759, Oakland County records
7. Trees, bushes, branches, roots, structures and fences. Grantee may trim, cut down, remove
or otherwise control any trees, bushes, branches and roots in the easement area that Grantee
reasonably believes could interfere with the safe and reliable construction, operation and
maintenance of Grantee's facilities. No trees, structures or fences can be planted, grown or
installed within eight (8) feet of the front door and within (2) feet of the sides of transformers and
switching cabinet enclosures. No buildings will be installed in the Right of Way Area without
Grantee's written approval.
8. Interest in Realty: This Grant and Conveyance of an Easement in Gross shall be binding upon
and inure to the benefit of the Grantor and Grantee, their, representatives, successors and
assigns, and the covenants and grants contained herein shall not benefit any appurtenant parcel
of land, and shall only extend to the use of said Easement in Gross for overhead electric utility
line facilities. In the event that Grantee, its heirs, representatives, successors and assigns
(hereinafter Grantee) shall no longer require the use of said Easement in Gross for the purposes
described herein, said easement shall be considered abandoned, and the Easement in Gross
shall terminate and be extinguished and, the land shall revert back to Grantor, its heirs,
representatives, successors or assigns (hereinafter Grantor), with no interest remaining in
Grantee. If this should occur, then upon the request of Grantor, the Grantee shall provide a
Release of Easement in Gross to Grantor. If no Release of Easement in Gross is provided to the
Grantor within a reasonable period of time, the Grantor may file with the Oakland County Register
of Deeds an Abandonment of Easement in Gross which shall act in place of the Release of
Easement in Gross, required of the Grantee. If the Easement in Gross is abandoned, terminated
or extinguished, then upon the request of Grantor, the Grantee shall remove any structures in the
Easement in Gross as requested by Grantor, and restore the Easement in Gross to the condition
it was in prior to the removal.
9. Damages: If Grantee's employees, contractors, vehicles or equipment damage Grantor's Land while
entering Grantor's Land for the purposes stated in this easement, then Grantee will restore Grantor's
Land as nearly as can be to its original condition, except those items which paragraph seven (7) of
this Easement prohibits from being placed in the easement, or those items which paragraph (7)
allows the Grantee to trim, cut down or remove.
10. Indemnification: Grantee shall also indemnify the Grantor, its elected officials, officers, employees
and/or agents against, and shall forever hold them harmless from any and all losses, liability,
actions, claims, demands, costs, expenses, injuries or damages of any kind whatsoever which may
be brought or made, and which shall be caused by or arise out of any negligent act or omission or
willful misconduct of Grantee its, officers, employees, agents, guests, visitors, invitees, or licensees,
arising out of the use of the easement or while coming upon the premises. In the event that Grantor
and Grantee are found responsible for the same losses, liabilities, actions, claims, demands, costs,
expenses, injuries or damages of any kind whatsoever which may be brought or made, and which
shall be caused by or arise out of any negligent act or omission or willful misconduct of both of them,
then the Grantee will indemnify Grantor only to the extent of Grantee's proportional responsibility for
the loss (es) and/or costs associated with the loss(es).
11-4
11. Insurance: Grantee and its contractors, at their own expense, shall maintain the following self
insurance coverage's:
$3,000,000 Combined Single Limit Commercial General Liability Broad Form Endorsement/or the
following as minimum requirements:
Broad form property damage including XCU rider
Premises/Operations
Independent Contractors
Blanket) Broad form Contractual
Personal Injury -delete contractual exclusion "A"
Additional Insureds - the County of Oakland, County Agents and employees and elected and
appointed officials of Oakland County;
Workers' Compensation as required by law $500,000 Employer's Liability;
$1,000,000 Combined Single Limit Automobile Liability, including hired and leased vehicles, and
owned and non -owned autos No Fault coverage as required by law; and General Certificates of
Insurance.
12. Grantee shall also obtain the required permits, if applicable, from any other municipal or
governmental agency.
Grantor: County of Oakland, a
Michigan Constitutional Corporation
BY:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
STATE OF MICHIGAN )
)SS
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this day of 2008, by
Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, Oakland County Michigan, a
Michigan Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341.
Michael D. Hughson, Notary Public
Oakland County, Michigan
My Commission expires: 5/5/2008
Acting in Oakland County
STATE OF MICHIGAN
)SS
COUNTY OF OAKLAND
Grantee: Detroit Edison Company
la
Its:
11-5
bThe foregoing instrument was acknowledged before me this day of 2008,
y Edison Company, 2000 Second Avenue, Detroit, Michigan, 48226. for and on behalf of the Detroit
Notary Public
Acting in County
Drafted by: Michael Hughson, Oakland County Department of Facilities Management, One Public Works
Dr., Waterford, Michigan, 48328.
Return to: Darcy Stein, Detroit Edison Company, NW Planning & Design 37849 Interchange Dr.,
Farmington Hills, MI. 48335.
Md4/18/08
EXHIBIT A
Parcel 11-03-200-007. A parcel of land in the East one-half of fractional Section 3, T3N, R7E, Highland
Township, Oakland County, Michigan, described as: Beginning at a point distant N 00056'43" E 1791.30-
ft. along the East line of Section 3 from the East one -quarter corner of said Section; thence N 88°51'08"
W 1320.00-ft.; thence N 00°56-43" E 419.69-ft.; thence S 88°51'08" E 1320.00-ft.; thence along the East
line of said Section S 00°56'43" W 419.69-ft. to the point of beginning.
Parcel 11-03-200-008. A parcel of land in the East one-half of fractional Section 3, T3N, R7E, Highland
Township, Oakland County, Michigan, described as: Beginning at a point distant N 00056'43" E 1371.30-
ft. along the East line of Section 3 from the East one -quarter corner of said Section; thence N 88°51'08"
W 1320.00-ft.; thence N 00°56-43" E 420.00-ft.; thence S 88°51'08" E 1320.00-ft.; thence along the East
line of said Section S 00056'43" W 420.00-ft. to the point of beginning.
Parcel 11-03-200-011. A parcel of land in the East one-half of fractional Section 3, T3N, R7E, Highland
Township, Oakland County, Michigan, described as: Beginning at a point distant N 00056'43" E 816.30-ft.
along the East line of Section 3 from the East one -quarter corner of said Section; thence N 88°51'08" W
1320.00-ft.; thence N 00056-43" E 555.00-ft.; thence S 88051'08" E 1320.00-ft.; thence along the East
line of said Section S 00056'43" W 555.00-ft. to the point of beginning.
Parcel 11-03-200-014. A parcel of land in the East one-half of fractional Section 3, T3N, R7E, Highland
Township, Oakland County, Michigan, described as: Beginning at the East one -quarter corner of said
Section; along the East line of said section S 01030'36" W 371.87-ft.; thence N 89°12'34" W 425.00-ft.;
thence N 01007'18" E 1190.81-ft.; thence S 88051'08" E 425.00-ft. to a point on the East line of said
Section; thence S 00056'43" W 816.30-ft. to the point of beginning. Subject to an easement for ingress
and egress to the described land and land of others over the Southerly 30.00-ft. thereof.
Parcel 11-03-400-012. A parcel of land in the East one-half of fractional Section 3, T3N, R7E, Highland
Township, Oakland County, Michigan, described as: Beginning at a point distant N 01003-36" E 1882.00-
ft. along the East line of Section 3 from the Southeast corner of said Section; N 89°12'34" W 1075.00-ft.;
thence S 60031'19" W 797.27-ft.; thence N 29001'05" E 1301.89-ft.; thence along a curve to the right with
an arc distance of 153.00-ft. (radius = 560.00-ft., chord distance = 152.52-ft., chord bearing = S
28°38'58" E); thence along a curve to the left with an arc distance of 429.69-ft. (radius = 360.00-ft., chord
distance = 404.63-ft., chord bearing S 55000'57" E); thence S 89°12'34" E 743.00-ft. to a point on the
East line of said Section; thence along the East line of said Section S 01 003'36" W 385.00-ft. to the point
of beginning.
11-6
ITEM #12
APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT
EAST MICHIGAN DISTRICT OF THE WESLEYAN CHURCH PROPERTY
PARCEL NO. 13-24-126-001 (PART)
WATERFORD OAKS COUNTY PARK
Staff from Oakland County Parks and Recreation and the department of Facilities, Management
& Operations, with the assistance of County Corporation Counsel, has negotiated the terms and
conditions of the attached purchase agreement to acquire part of parcel no. 13-24-126-001.
The purchase is conditioned upon receipt of a negative Environmental Assessment report, the
purchase of parcel no. 13-24-126-026, obtaining parcel split approval from Waterford Township
and subject to final approval by the Oakland County Board of Commissioners.
Description of property: A two-story approximately 2,127-sf house with partially finished
basement. Land area: 1.0-ac.
Purchase Price: $209,000
Oakland County expenses:
Purchase Price:
Phase I Environmental Assessment:
Phase II Environmental Assessment:
Title Insurance & Closing
Survey
Estimated Total Cost:
Seller expenses:
Property transfer tax:
Appraised value:
$209,000 Earnest money deposit: $10,000.
$2, 000
$4,000
$1,200
$1,000
$217,200
Property tax prorating
$1,798
$209,000.
Funding: Oakland County Parks and Recreation Commission Land Acquisition Fund
Seller/owner of record: East Michigan District of the Wesleyan Church.
Recommendation: It is the recommendation of staff that the Oakland County Parks and
Recreation Commission support the acceptance and approval of the attached purchase
agreement.
12-1
RESOLUTION
SUPPORT FOR THE APPROVAL AND ACCEPTANCE OF THE PURCHASE AGREEMENT
FOR PART OF PARCEL NO. 13-24-126-001, 2930 WATKINS LAKE ROAD FOR
EXPANSION OF WATERFORD OAKS COUNTY PARK
WHEREAS, pursuant to the authorization of the Oakland County Planning and Building
Committee and the Oakland County Parks and Recreation Commission, the Department of
Facilities Management with the assistance of Oakland County Corporation Counsel have
negotiated the terms and conditions of the attached Purchase Agreement with the East
Michigan District of the Wesleyan Church, for the purchase of 2930 Watkins Lake Road,
Waterford Township, and
WHEREAS, pursuant to the terms and conditions of said Purchase Agreement the
County of Oakland shall pay the East Michigan District of the Wesleyan Church the sum of
$209,000 via a cash sale for the purchase of said property subject to the County performing its
required due diligence investigation of the subject property and obtaining parcel split approval
from the Township of Waterford, and
WHEREAS, sufficient funding for said purchase is available in the Oakland County
Parks and Recreation Land Acquisition Fund, and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have
reviewed and/or prepared all necessary documents related to the attached Purchase
Agreement and recommend its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and
Recreation Commission supports the approval and acceptance of the terms and conditions of
the attached Purchase Agreement between the County of Oakland as purchaser and the East
Michigan District of the Wesleyan Church, seller via a cash sale purchase.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission has included the EXPENSES for the said project in the budget for FISCAL YEAR
2008; thereby eliminating the need for a BUDGET AMENDMENT.
Moved by:
Supported by:
Date:
12-2
PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this day of ,
2008, by and between the East Michigan District of the Wesleyan Church, a Michigan Non -
Profit Corporation, 5500 S. Belsay Rd., PO Box 190157, Burton, MI 48519, (hereinafter
"Seller") and the County of Oakland, a Michigan Municipal and Constitutional Corporation,
1200 N. Telegraph Road, Pontiac, Michigan 48341 (hereinafter "Purchaser"), for the purchase of
all right(s), title and interest inclusive of all mineral rights or mineral royalty interest in the real
property, described below, located in the Township of Waterford, County of Oakland, State of
Michigan (hereinafter the "Premises"); said Premises described as:
See Attached Exhibit "A"
PURCHASE PRICE/CONSIDERATION
Subject to the adjustments and prorations provided for in this Agreement, the purchase
price of the Premises shall be Two Hundred Nine Thousand Dollars and no/cents
($209,000.00) payable as follows:
1.1 Earnest Money Deposit. Purchaser will tender to Seller upon Purchaser's
Acceptance of this Agreement a draft in the amount of Ten Thousand Dollars
($10,000.00) which Seller acknowledges as good and sufficient Consideration for
accepting this Purchase Agreement. Said deposit shall be held by a title company
of purchaser's choosing (the "Title Company") in an interest bearing account. The
deposit and the interest accrued shall be applied toward the purchase price at the
time of closing or be disbursed to the Seller or the Purchaser in accordance with
the terms of this Agreement.
1.2 Payment of Balance of Purchase Price. This is a cash sale. At the
time of closing, after applying the earnest money deposit plus any
accrued interest to the purchase price, the balance of the purchase
price minus any costs adjusted at closing will be tendered to Seller
by Purchaser or wired by Purchaser to Seller's bank, at Seller's
option.
1.3 The Seller, under a separate agreement shall be responsible for and
pay any broker or finder fee in connection with this transaction.
1.4 Purchase Contingency. The Seller hereby acknowledges that the Purchaser is
engaged in the process of assembling two parcels of land for the expansion of
Waterford Oaks County Park. Therefore, the purchase of the Premises is
contingent upon 1) the Purchaser entering into a Purchase Agreement for the
Roger Kidwell property located directly adjacent to the Premises, and 2) the
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Purchaser at Purchaser's expense receiving a parcel split approval from Waterford
Township to divide Seller's property into three parcels one fitting the description
of the Premises attached as Exhibit "A".
1.5 The Oakland County Board of Commissioners shall have 90 days from the date of
Seller's acceptance of this agreement, to accept this agreement on behalf of the
County of Oakland. If the Oakland County Board of Commissioners does not
accept this Agreement, then it shall be null and void, and the deposit and interest
shall be returned to the Purchaser.
1.6 Due Diligence Contingency. This Purchase Agreement is contingent upon the
Due Diligence requirements set forth in Section 5 of this Agreement, and its sub-
paragraphs.
1.7 Appliances. The Seller shall retain ownership of and remove all household
appliances from the premises upon vacating the property.
2. TITLE CONVEYED
2.1 Title to the Premises shall be conveyed at the Closing from Seller by warranty
deed showing no encumbrances except existing easements of record or
encumbrances accepted by Purchaser.
2.2 Upon execution of this Purchase Agreement by Seller, Seller agrees not to lease,
assign, or grant a security interest or other lien that would encumber the Premises
after Closing, and Seller warrants that any assigmnent, security interest or other
lien that would encumber the Premises after Closing shall be satisfied out of the
consideration transferred at the time of Closing.
2.3 Seller will grant to Purchaser the right to make all Divisions under Section 108 of
the Land division Act, Act No. 288 of the Public Acts of Michigan of 1967.
2.4 Seller will convey to Purchaser any and all mineral rights Seller may have in the
Premises.
TITLE INSURANCE
The Purchaser may procure a commitment for an ALTA owner's form of title insurance
policy, which policy will be marked up as of Closing and be effective and certified
through the date of recording of the title documents, in an amount not less than the
purchase price, certified to a date later than the acceptance hereof, and guaranteeing fee
simple absolute title in an insurable and marketable condition. Seller agrees to execute a
standard form Owner's Affidavit at closing to assist in Purchaser's efforts to obtain
12-4
coverage without standard exceptions. In addition to the representations and warranties
contained in said Owner's Affidavit, Seller agrees to execute an affidavit indicating the
following:
(i) Seller is not on notice, whether actual or anticipated notice, of any pending claims
against the Seller that would affect the sale of the property.
There are no court orders prohibiting the sale of the property.
4. TITLE OBJECTIONS
4.1. Purchaser shall have twenty (20) days after receipt of the Title Policy to object to
the condition of the title, based upon the written opinion of the Purchaser's
attorney that the title is not marketable. Upon written notice by Purchaser to Seller
that in the opinion of Purchaser's Attorney the title is defective, Seller shall have
thirty (30) days from the date Seller is notified of the particular defect(s) claimed,
to either (1) remedy the defects, or (2) obtain at its own cost and expense a
substitute commitment for title insurance, insuring in a manner satisfactory to
Purchaser, the Purchaser's title against such defects claimed. If the Seller fails to
remedy the defects or obtain a substitute commitment for title insurance within
said period, Purchaser may at its sole option (1) waive said title defects and close
subject to same; or, (2) defer the Closing until such time as the defect(s) can be
remedied, if such defects can be remedied in a reasonable time; or, (3) terminate
this Purchase Agreement.
5. DUE DILIGENCE INVESTIGATIONS
The Purchaser will have 90 days after approval and acceptance of this offer by the
Oakland County Board of Commissioners (hereinafter "Board"), to conduct the due
diligence property investigations in paragraphs 5.1 through 5.3.
During the 90 day period, the Purchaser and its agents shall have access to the property in
order to conduct the investigations listed below. If during the 90 or 180 day periods the
Purchaser, in its sole discretion, gives written notice to Seller that it is not satisfied with
the condition of the Premises as evidenced by the due diligence investigations, then
Purchaser shall be entitled to the return of its earnest money deposit and any accrued
interest thereon.
5.1 PARCEL SPLIT SURVEY AND ALTA/ACSM boundary Survey. Purchaser will
obtain, at its own cost, an ALTA/ACSM boundary Survey of the Premises inclusive of a
parcel split survey and intermediate staking for future fencing purposes. In addition,
Purchaser shall have fifteen (15) days from and after receipt of the survey to determine if
the survey matches the property as described in the legal description. If in the written
opinion of the Purchaser's attorney the survey does not match the property as described in
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the legal description, then upon written notice by Purchaser to Seller, Seller shall have
thirty (30) days from the date Seller is notified of the particular defect(s) claimed, to
remedy the defects. If the Seller fails to or cannot remedy the defects, Purchaser may at
its sole option (1) waive said defects and close subject to same; or, (2) defer the Closing
until such time as the defect(s) can be remedied; or, (3) terminate this Purchase
Agreement.
5.2 Phase I Environmental Assessment. The Purchaser shall at its expense obtain a
Phase I Environmental Assessment ("Phase 1") performed consistent with
applicable ASTM standards. If the Phase 1 Report discloses no environmental
concerns, then the Parties will proceed to Closing pursuant to Section 6.
If the Phase 1 reveals any contamination that would cause the property to be a
Facility under Part 201 of the Michigan Natural Resources Environmental
Protection Act, (MCL 324.20101et. seq.), hereinafter Part 201, then at the sole
option of Purchaser, Purchaser may: (i) terminate this Agreement and receive
back its deposit and any accrued interest; or (ii) it may commission a Phase II
Enviromnental Assessment. Purchaser shall notify Seller within 15 days after
receipt of the Phase I if it elects to terminate this Agreement for enviromnental
reasons.
- If the Phase II discloses that the Premises is a Facility, and Purchaser elects to
perform a Baseline Environmental Assessment (BEA), then Purchaser shall have
an additional 180 days from the time it elects to perform a BEA to submit the
BEA together with a Due Care Plan to the Michigan Department of
Environmental Quality (hereinafter MDEQ) for a liability determination pursuant
to Sections 20126 and 20129a of the Natural Resources and Enviromnental
Protection Act.
If the Purchaser receives an exemption of liability from the MDEQ and MDEQ
accepts the Purchaser's proposed use of the Premises, then the parties will proceed
to closing in accordance with paragraph 6.
If Purchaser does not receive an exemption of liability from the MDEQ, or if
MDEQ requires response activities to be performed, then at the sole option of
Purchaser, Purchaser may: (i) terminate this Agreement and receive back its
deposit and any accrued interest; or (ii) proceed to closing pursuant to Section 6.
Nothing in this Agreement will prohibit the Parties from modifying or extending
the date for Closing if such changes are necessary based upon enviromnental
issues. Such modification or extension must be agreed to in a written addendum
to this Agreement signed by both parties.
5.3 Any other investigations that the Purchaser, in its sole discretion, shall deem
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appropriate.
6. CLOSING AND CLOSING DOCUMENTS.
6.1 If this offer is accepted by the Seller, and if Seller can convey title as agreed and
can comply with all of contingencies of sale described herein, the Purchaser
agrees to complete the sale on or before , 2008.
6.2 The Closing shall be held at the offices of a Title Company of Purchaser's
choosing, or any other mutually convenient location agreed upon by the parties.
Purchaser, or the Title Company if Purchaser so elects, will prepare the necessary
documents for signatures.
6.3 Purchaser shall notify Seller in writing, twenty (20) days in advance of the
Closing date, and shall prepare, or have prepared, and submit to Seller within five
(5) days of Closing, all Closing documents required by Purchaser.
6.4 Seller will sign and deliver at Closing, a statutory form of a Warranty Deed
conveying fee simple absolute title to the Premises inclusive of all minerals rights
or royalties if any (pursuant to Michigan law) in the condition required by this
agreement, and a Non -Foreign Persons Affidavit. These documents will have also
been reviewed and approved by Purchaser.
The Seller will pay any costs or fees required to remove or satisfy outstanding
mortgages or other liens.
6.5 Purchaser will pay for the recording of the Deed, any notary fees, and Seller will
pay the property transfer tax (revenue stamps).
6.6 At Closing the Seller will sign an Affidavit of No Liens on the Title Company's
standard form, sufficient to permit the Title Company to delete the standard
Schedule B exceptions.
6.7 At Closing the Seller will sign a Certificate of Accuracy, regarding the
Representations made by Seller in Section 12.
6.8 The Seller and Purchaser will sign and/or prepare any other documents necessary
to complete the sale and transfer of the Premises.
6.9 Seller will provide to Purchaser an accounting of all rents and fees (if any) that
pertain to the Premises and were paid to Seller for periods that extend beyond the
date of Closing. Those rents that are for periods that extend beyond the date of
Closing shall be prorated back to the date of Closing and Seller shall tender to
Purchaser a cashiers check in the amount of those prorated rents, as well as for
any other adjustments or charges as reflected by the Closing Statement.
12-7
6.10 Current property taxes shall be prorated on the due date basis of the taxing
authority, on the basis of a three -hundred sixty-five (365) day year; Seller being
responsible for taxes up to and including the date of closing.
7. POSSESSION.
7.1 Purchaser shall have possession of the Premises at the end of Closing.
7.2 Purchaser agrees that at Closing Purchaser will enter into a separate document
leasing the Premises back to Seller for a period of one year with a one time
extension of six months. Seller will have the right to terminate said Lease upon
thirty (30) days notice to Purchaser at any time during the course of the Lease for
any reason or no reason
RIGHT OF ENTRY AND ACCESS
While this Agreement is in effect, Purchaser and its employees and agents shall have the
right to enter and access the Premises at reasonable times, with reasonable notice to the
Seller, for the purpose of surveying, testing, environmental impact studies, site plamling,
and other such work as Purchaser deems necessary or desirable to determine the
Premises' suitability for the conduct of Purchaser's business. However, in the event that
this sale does not take place, then Purchaser, at its own expense, shall restore the property
to substantially the same condition as exists on the date of this Agreement, to the extent
such restoration is necessary, due to Purchaser's actions.
9. DEFAULT OF SELLER.
In the event Seller shall default in the performance of its obligations herein, the
Purchaser, in addition to other remedies provided by law, may in its sole discretion, elect
to proceed under either 9.1 or 9.2, but not both:
9.1 Specifically enforce this Agreement and require specific
performance of this contract by judicial decree; or,
9.2 Demand a refund of the entire earnest money deposit plus accrued
interest. Return of the deposit shall terminate this Agreement,
unless Purchaser has elected to enforce this Agreement as provided
in 9.1.
10. DEFAULT OF PURCHASER.
In the event the Purchaser shall materially default in the performance of its obligations
herein, Seller may, in its sole discretion, elect to proceed under either 10.1 or 10.2, but
not both:
12-8
10.1 Specifically enforce this Agreement and require specific
performance of this contract by judicial decree; or,
10.2 Declare that the Purchaser has forfeited all rights hereunder and
retain the earnest money deposit and interest as liquidated
damages. The retention of the earnest money deposit and interest
by Seller shall cancel this Agreement and be in full and final
satisfaction of any and all claims that the Seller may bring against
Purchaser, unless the Seller has elected to enforce this Agreement
as provided in 10.1.
11. RISK OF LOSS
No risk of loss shall pass to Purchaser prior to Closing. Except as otherwise provided in
Section 13, Purchaser acknowledges that Seller (a) has made no representations or warranties
whatever with respect to the property (with the exception of title), whether the property
complies with any laws, and (b) the inspection rights set forth below are sufficient to enable
Purchaser to inspect the property to determine that it is satisfactory to Purchaser.
12. WARRANTIES BY THE SELLER.
The Seller warrants to the Purchaser and shall certify to the Purchaser upon the execution
of this Agreement as follows:
12.1 The Seller has full authority to enter into and perform this
Agreement in accordance with its conditions, without breaching or
defaulting on any obligation or commitment that the Seller has to
any third parties and will provide Purchaser with any necessary
resolutions, waivers and consents, or other documents that verify
Seller has the requisite authority, which documents can be attached
hereto as Exhibit A.
12.2 The Seller is the fee simple owner of the Premises and will discharge any liens
prior to closing.
12.3 To Seller's knowledge, the legal description set forth in this Agreement is an
accurate description of the Premises and does not include any adjacent or
contiguous land owned by the Seller, or any third party.
12.4 To Sellers knowledge there are no leases, rights of first refusal,
contracts, or other agreements of any kind with respect to the
12-9
Premises, which would impair the Purchasers right to receive fee
title absolute.
12.5 To Sellers knowledge there are no lawsuits, actions, or proceedings
pending, or, to the best of the Seller's knowledge, threatened by any
party, including governmental authorities or agencies, against or
involving the Premises which would affect the Seller's ability to
convey the Premises.
12.6 The Seller has no notice or knowledge of:
(1) any plamled or commenced public improvements that
might result in special assessments or otherwise directly
and materially affect the Premises;
(2) any government agency or court order requiring corrections
of any existing conditions;
(3) any request by an insurer or a mortgagee of the
Premises requiring correction of any existing
conditions.
12.7 Seller has not used the Premises for the purpose of disposing of, refining,
generating, manufacturing, producing, storing, handling, treating, transferring,
processing or transporting Hazardous Materials.
12.8 As used in this Agreement, the term "Hazardous Materials" shall mean any
hazardous or toxic substances, wastes or materials, or flammable explosives,
including, without limitation, those described in the Comprehensive
Envirommental Response, Compensation and Liability Act of 1980, as amended,
the Hazardous Materials Transportation Act, as amended, the Resource
Conservation and Recovery Act, Parts 20, 211 and 213 of the Natural Resources
Environmental Protection Act, and all rules, regulations and policies promulgated
thereto (collectively, the "Environmental Laws").
13. WARRANTIES BY THE PURCHASER.
The Purchaser warrants to the Seller as follows:
(1) The Purchaser is a Michigan Municipal and
Constitutional Corporation.
(2) The Purchaser has full authority and funding to enter into and perform this
Agreement in accordance with its conditions, and will provide Seller with
12-10
the pertinent resolution which will be attached as Exhibit B.
14. SURVIVAL OF THE WARRANTIES.
The warranties of the Parties contained in this Purchase Agreement shall survive for two
(2) years after Closing.
15. LIABILITY
Seller shall be liable for and defend any and all alleged losses, claims, suits, causes of
action, litigation, or other demands for damages of any kind, pertaining to the Premises
prior to Closing, except those losses, claims, suits, causes of action, litigation, or other
demands for damages, arising solely out of the acts of Purchaser or Purchaser's agent(s)
while performing any surveys or due diligence inspections of the Premises prior to the
Closing, and Seller shall be responsible for paying any and all judgments, damages
awarded, costs and expenses (including attorney fees and court costs) and any other
liabilities that result from any such alleged losses, claims, suits, causes of action,
litigation, or other demands for damages of any kind pertaining to the Premises prior to
the Closing, except as noted above in this paragraph.
16. BINDING EFFECT.
16.1 The covenants herein shall be binding upon and inure to the benefit of the
administrators and governing body of the parties, as well as any successor
administrators or successor governing bodies of the parties.
16.2 This agreement is not binding until executed by both parties.
17. CONDEMNATION.
In the event of the institution or proposal of institution of condemnation proceedings prior
to Closing, Purchaser shall have the option, in its sole discretion, to terminate this
Agreement and receive back the earnest money deposit and any accrued interest, or
proceed to Closing. If Purchaser proceeds to Closing, Seller shall assign to Purchaser any
and all of Seller's rights to any award or future award pertaining to the Premises, or shall
pay to Purchaser any actual payment or award made to Seller as a result of the institution
or proposal to institute condemnation.
18. NOTICE.
Any notice, request, demand, consent, approval or other communication given hereunder
shall be in writing and shall be sent by registered or certified mail, return receipt
requested, addressed to the other party at its address as set forth below:
12-11
Seller:
Purchaser: Michael Hughson
County of Oakland Department of Facilities Management
1 Public Works Dr.
Waterford, Michigan 48328
Any party may, by notice given as aforesaid, change its address for any notice. Any
notice by either party shall be sufficient if signed on behalf of said party by any elected or
appointed official thereof.
19. TIME OF THE ESSENCE. Time is of the essence for this Agreement.
20. CHOICE OF LAW.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Michigan that are applied to contracts made and to be performed in this State.
Venue for any disputes shall be the Oakland County Circuit Court, the Fiftieth District
Court, or the United States District Court for the Eastern District of Michigan, unless this
paragraph violates any provision of the Michigan Court Rules, or the United States Code.
21. USE OF WORDS. The pronouns and relative words used in this Agreement shall be read
interchangeably in masculine, feminine or neuter, singular or plural, as the context
requires.
22. SEVERABILITY. If a term, condition, or provision of this Agreement is found by a
court of competent jurisdiction to be invalid, unenforceable, or to violate or contravene
federal or state law, then the term, condition, or provision shall be deemed severed from
this Agreement; all other terms, conditions and provisions shall remain in fiill force and
effect.
23. WAIVER. No waiver of any term, provision or condition of this Agreement, whether by
conduct or otherwise, in one or more instances, shall be deemed or construed as a fiirther
continuing waiver of a term, provision or condition of this Agreement
24. BINDING EFFECT. The terms and conditions of this Agreement shall be binding and
shall inure to the benefit of the Parties and their respective heirs, representatives,
successors and assigns.
25. ENTIRE AGREEMENT. This document contains the entire agreement of the parties and
supersedes all prior agreements, oral or written, between them. It may not be modified,
changed or altered unless reduced to writing and signed by each of the parties hereto.
26. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the Parties,
12-12
this Purchase Agreement does not and is not intended to create any obligation, duty,
promise, contractual right or benefit, right to be indemnified, right to be subrogated to the
Parties' rights in this Purchase Agreement, and/or any other right, in favor of any other
person or entity.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated
below.
WITNESSED BY:
Michael D. Hughson
Date:
WITNESSED BY:
2008.
PURCHASER:
County of Oakland a Michigan Municipal
And Constitutional Corporation
By: Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
Seller's Acceptance
SELLER:
The East Michigan District of the Wesleyan
Church, a Michigan Non -Profit Corporation
By: Richard Meeks, District Superintendent
The foregoing instrument was acknowledged before me in County,
Michigan on this day of , 2008, Michigan by Richard Meeks, District
Superintendent of the East Michigan District of the Wesleyan Church, Seller, who acknowledged
before me that he has taken all actions and secured any and all necessary approvals and
authorizations and has the requisite authority from the Seller to bind the Seller to this Agreement.
2/20/08
, Notary Public
Michigan acting
in , Michigan.
My Commission expires:
12-13
EXHIBIT A
Preliminary Legal Description
2930 Watkins Lake Road
Part of Parcel 13-24-126-001
Part of the Northwest 1/4 of Section 24, T3N, R9E, Waterford Township Oakland County,
Michigan described as: Commencing at the Northwest Section corner, thence S 89°55' 12"E
along the north Section line a distance of 551.79-ft. to the point of beginning, thence continuing
S 89°55' 12"E along the north Section line 207.21-ft. to a point, thence S 24°57'20"W 169.00-ft.,
thence Northwesterly to the point of beginning. Also, that part of the Northwest 1/4 of said
Section 13 described as Commencing at the Northwest Section corner, thence S 89°55' 12"E
along the north Section line 759.00-ft., thence S 24°57'20"W 169.00-ft. to the point of
beginning, thence continuing S 24°57'20"W 436-ft. to the North right of way line of Watkins
Lake Road, thence N43°36'39"W 167.00-ft., thence Northeasterly to the point of beginning.
12-14
ITEM #13
APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT
TOLLIVER PROPERTY PARCEL NO# 13-13-152-006
WATERFORD OAKS COUNTY PARK
Staff from Oakland County Parks and Recreation and the department of Facilities, Management
& Operations, with the assistance of County Corporation Counsel, has negotiated the terms and
conditions of the attached purchase agreement to acquire parcel no. 13-13-152-006. The
purchase is conditioned upon receipt of a negative Environmental Assessment report and
subject to final approval by the Oakland County Board of Commissioners.
Purchase Price: $950,000. ($58,970/ac.)
Description of property: Vacant triangular shaped; 16.11-ac. See attached Exhibit.
Zoning: M-2, General Industrial.
Oakland County expenses:
Purchase Price:
Phase I Environmental Assessment:
Phase II Environmental Assessment:
Closing Fee
Estimated Total Cost:
Seller expenses:
Title Insurance:
Survey:
Property transfer tax:
Appraised value: $959,360 to $1,230,868.
$950,000 Earnest money deposit: $10,000.
$2,500
$5,000
$200
$957,700
Property tax prorating
$2,678
$5,000
$8,170
Funding: Oakland County Parks and Recreation Commission Land Acquisition Fund
Seller/owner of record: Homer and Cynthia Tolliver, Ortonville, MI.
Recommendation: It is the recommendation of staff that the Oakland County Parks and
Recreation Commission support the acceptance and approval of the attached purchase
agreement.
13-1
RESOLUTION
SUPPORT FOR THE APPROVAL AND ACCEPTANCE OF THE PURCHASE AGREEMENT
FOR PARCEL NO# 13-13-152-006, VACANT ALLIANCE DRIVE FOR EXPANSION OF
WATERFORD OAKS COUNTY PARK
WHEREAS, pursuant to the authorization of the Oakland County Planning and Building
Committee and the Oakland County Parks and Recreation Commission, the Department of
Facilities Management with the assistance of Oakland County Corporation Counsel have
negotiated the terms and conditions of the attached Purchase Agreement with Mr. and Mrs.
Homer Tolliver, for the purchase of 16.11-ac. of vacant land located at the east terminus of
Alliance Drive, Waterford Township, and
WHEREAS, pursuant to the terms and conditions of said Purchase Agreement the
County of Oakland shall pay Homer and Cynthia Tolliver, husband and wife the sum of
$950,000 via a cash sale for the purchase of said property subject to the County performing its
required due diligence investigation of the subject property, and
WHEREAS, sufficient funding for said purchase is available in the Oakland County
Parks and Recreation Land Acquisition Fund, and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have
reviewed and/or prepared all necessary documents related to the attached Purchase
Agreement and recommend its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation
Commission supports the approval and acceptance of the terms and conditions of the attached
Purchase Agreement between the County of Oakland as purchaser and Homer and Cynthia
Tolliver, husband and wife, sellers via a cash sale purchase.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission has included the EXPENSES for the said project in the budget for FISCAL YEAR
2008; thereby eliminating the need for a BUDGET AMENDMENT.
Moved by:
Supported by:
Date:
13-2
PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this day of
2008, by and between Homer Tolliver and Cynthia Tolliver, husband and wife PO Box 179,
Ortonville, MI 48462 (hereinafter "Seller") and the COUNTY OF OAKLAND, a Michigan
Municipal and Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341
(hereinafter "Purchaser"), for the purchase of all right(s), title and interest in the real property,
described below, located in the Township of Waterford, County of Oakland, State of Michigan
(hereinafter the "Premises"); said Premises described as:
Parcel No. 13-13-152-006
Part of the West 1/2 of Section 13 T3N, R9E, Waterford Township, Oakland County, Michigan
being more particularly described as: Beginning at a point distant S 03°20'00" W 518.00-ft. and
S 86022'28" E 1096.61-ft. from the West'/4 Corner of said Section 13, thence N 02' 18'51" E
892.55-ft.; thence N 41°11'35" W 231.44-ft.; thence N 86029'05" W 82.91-ft.; thence N
86057'01" W. 84.41-ft.; thence N 03035' 18" E 9.84-ft.; thence N 86°29'05" W 19.74-ft. to a
point being on the Easterly terminus of Alliance Drive (also being the Southeast corner of
"Supervisor's Plat No. 20" recorded in Liber 54, Page 48 O.C.R.D.); thence N 03'13' 12" E
50.00-ft.; thence S 86°57'01" E 104.15-ft.; thence S 86°29'05" $ 108.18-ft.; thence S 41'11'35"
E 1421.60-ft.; thence N 480 50' 00" E 335.39-ft. to a point on the Southerly right of way line of
Grand Trunk Western Railroad; thence along said Southerly right of way line S 40'26' 10" E
692.02-ft.; thence N 80041'32" W 1543.76-ft.; thence N 86°22'23" W 26.48-ft. to the point of
beginning. Subject to a 60-ft. easement for egress, ingress and public utilities, described as:
Beginning at the Easterly terminus of Alliance Drive (Platted as Williamson Drive) as Platted on
"Supervisor's Plat No. 20" recorded in Liber 54, Page 48, O.C.R.D., said point also being the
Southeast corner of said Plat: thence from said point of beginning N 03' 13' 12" E 50.00-ft.;
thence S 86°57'01" E 104.15-ft.; thence S 86°29'05" E 108.18-ft.; thence S 41011'35" E 280.42-
ft.; thence 02'18'51" W 921.21-ft.; N 80°41'32" W 33.78-ft.; thence N 86°22'23" W 26.48-ft.;
thence N 02°18'51" E 892.55-ft.; thence N 41011'35" W 231.44-ft.; thence N 86°29'05"W
82.91-ft.; thence N 86°57'01" W 84.41-ft.; thence N 0303 5'18" E 9.84-ft., thence N 86°29'05"
W 19.74-ft. to the beginning. Containing 16.11-ac. more or less.
Legal Descriptions is preliminary and is subject to a final survey.
PURCHASE PRICE/CONSIDERATION
Subject to the adjustments and prorations provided for in this Agreement, the purchase
price of the Premises shall be $950,000.00 Dollars, payable as follows:
1.1 Earnest Money Deposit. Purchaser will tender to Seller upon Sellers Acceptance
of this Agreement a draft in the amount of Ten Thousand Dollars
($10,000.00) which Seller ackiiowledges as good and sufficient Consideration for
accepting this Purchase Agreement. Said deposit shall be held by a Title Insurance
Company of Purchaser's choosing (the "Title Company") in an interest bearing
13-3
account. The deposit and the interest accrued shall be applied toward the purchase
price at the time of closing or be disbursed to the Seller or the Purchaser in
accordance with the terms of this Agreement.
1.2 Payment of Balance of Purchase Price. This is a cash sale. At the
time of closing, after applying the earnest money deposit to the
purchase price, the balance of the purchase price minus any costs
adjusted at closing will be tendered to Seller by Purchaser or wired
by Purchaser to Seller's bank, at Seller's option.
1.3 Commission. The Seller, under a separate agreement shall be
responsible for and pay any broker or finder fee in connection with
this transaction.
1.4 Acceptance. The Oakland County Board of Commissioners shall have sixty (60)
days from the date of Seller's acceptance of this Agreement, to accept this
Agreement on behalf of the County of Oakland. If the Oakland County Board of
Commissioners does not accept this Agreement then it shall be null and void, and
the deposit and interest shall be returned to the Purchaser.
1.5 Due Diligence Contingency. This Purchase Agreement is contingent upon the
Due Diligence requirements set forth in Paragraph 5 of this Agreement, and its
sub -paragraphs.
2. TITLE CONVEYED
2.1 Title to the Premises shall be conveyed at the Closing from Seller by warranty
deed showing no exceptions except those exceptions to title identified in the Title
Commitment delivered to Purchaser under Section three (3).
2.2 Upon execution of this Purchase Agreement by Seller, Seller agrees not to lease,
assign, or grant a security interest or other lien that would encumber the Premises
after Closing, and Seller warrants that any assignment, security interest or other
lien that would encumber the Premises after Closing shall be satisfied out of the
consideration transferred at the time of Closing.
2.3 Seller will grant to Purchaser the right to make all Divisions under Section 108 of
the Land Division Act, Act No. 288 of the Public Acts of Michigan of 1967.
2.4 Seller will convey to Purchaser any and all mineral rights Seller may have in the
Premises.
TITLE INSURANCE
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Seller will procure a commitment for an ALTA owner's form of title insurance policy, a
copy of which will be delivered to Purchaser, which policy will be marked up as of
Closing and be effective and certified through the date of recording of the title
documents, in an amount not less than the purchase price, certified to a date later than the
acceptance hereof, and guaranteeing fee simple absolute title in an insurable and
marketable condition. Seller agrees to execute a standard form Owner's Affidavit at
closing to assist in Purchaser's efforts to obtain coverage without standard exceptions. In
addition to the representations and warranties contained in said Owner's Affidavit, Seller
agrees to execute an affidavit indicating the following:
(i) Seller is not on notice, whether actual or anticipated, of any pending claims
against the Seller that would affect the sale of the property.
(ii) There are no court orders prohibiting the sale of the property.
4. TITLE OBJECTIONS
4.1. Purchaser shall have twenty (20) days after receipt of the Title Policy to object to
the condition of the title, based upon the written opinion of the Purchaser's
attorney that the title is not marketable. Upon written notice by Purchaser to Seller
that in the opinion of Purchaser's Attorney the title is defective, Seller shall have
thirty (30) days from the date Seller is notified of the particular defect(s) claimed,
to either (1) remedy the defects, or (2) obtain at its own cost and expense a
substitute commitment for title insurance, insuring in a manner satisfactory to
Purchaser, the Purchaser's title against such defects claimed. If the Seller fails to
remedy the defects or obtain a substitute commitment for title insurance within
said period, Purchaser may at its sole option (1) waive said title defects and close
subject to same; (2) defer the Closing until such time as the defect(s) can be
remedied, if such defects can be remedied in a reasonable time; or, (3) terminate
this Purchase Agreement.
5. DUE DILIGENCE INVESTIGATIONS
The Purchaser will have 90 days after approval and acceptance of this offer by the
Oakland County Board of Commissioners (hereinafter "Board"), to conduct the due
diligence property investigations in paragraphs 5.1 through 5.3.
During the 90 day period, the Purchaser and its agents shall have access to the property in
order to conduct the investigations listed below. If during the 90 or 180 day periods the
Purchaser, in its sole discretion, gives written notice to Seller that it is not satisfied with
the condition of the Premises as evidenced by the due diligence investigations, then
Purchaser shall be entitled to the return of its earnest money deposit and any accrued
interest thereon and this Agreement shall be considered null and void.
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5.1 The Seller will procure and pay for an ALTA/ACSM boundary Survey of the .
The Purchaser will pay any additional costs associated with the splitting of the parcel. In
addition, Purchaser shall have twenty (20) days from and after receipt of the survey to
determine if the survey matches the property as described in the legal description. If in the
written opinion of the Purchaser's attorney the survey does not match the property as
described in the legal description, then upon written notice by Purchaser to Seller, Seller
shall have thirty (30) days from the date Seller is notified of the particular defect(s)
claimed, to remedy the defects. If the Seller fails to or cannot remedy the defects,
Purchaser may at its sole option (1) waive said defects and close subject to same; (2)
defer the Closing until such time as the defect(s) can be remedied; or, (3) terminate this
Purchase Agreement.
5.2 Phase I Environmental Assessment. Purchaser will have a Phase I Environmental
Assessment ("Phase I") performed consistent with applicable ASTM standards. If
the Phase 1 Report discloses no envirommental concerns, then the Parties will
proceed to Closing pursuant to Section 6.
If the Phase 1 reveals any contamination that would cause the property to be a
Facility under Part 201 of the Michigan Natural Resources Environmental
Protection Act, (MCL 324.20101et. seq.), hereinafter Part 201, then at the sole
option of Purchaser, Purchaser may: (i) terminate this Agreement and receive
back its deposit and any accrued interest; or (ii) it may commission a Phase II
Environmental Assessment. Purchaser shall notify Seller within 15 days after
receipt of the Phase I if it elects to terminate this Agreement for environmental
reasons.
If the Phase 11 discloses that the Premises is a Facility, and Purchaser elects to
perform a Baseline Environmental Assessment (BEA), then Purchaser shall have
an additional 180 days from the time it elects to perform a BEA to submit the
BEA together with a Due Care Plan to the Michigan Department of
Environmental Quality (hereinafter MDEQ) for a liability determination pursuant
to Sections 20126 and 20129a of the Natural Resources and Environmental
Protection Act.
If the Purchaser receives an exemption of liability from the MDEQ and MDEQ
accepts the Purchaser's proposed use of the Premises, then the parties will proceed
to closing in accordance with paragraph 6.
If Purchaser does not receive an exemption of liability from the MDEQ, or if
MDEQ requires response activities to be performed, then at the sole option of
Purchaser, Purchaser may: (i) terminate this Agreement and receive back its
deposit and any accrued interest; or (ii) proceed to closing pursuant to Section 6.
Nothing in this Agreement will prohibit the Parties from modifying or extending
13-6
the date for Closing if such changes are necessary based upon environmental
issues. Such modification or extension must be agreed to in a written addendum
to this Agreement signed by both parties.
5.3 The Purchaser may perform or commission any other investigations that the
Purchaser, in its sole discretion, deems appropriate.
6. CLOSING AND CLOSING DOCUMENTS.
6.1 If this offer is accepted by the Seller, and if Seller can convey title as agreed and
can comply with all of contingencies of sale described herein, the Purchaser
agrees to complete the sale on or before 120 days after the date of signature of
Purchaser, or 60 days after all Environmental concerns have been resolved to the
satisfaction of Purchaser.
6.2 The Closing shall be held at the offices of a Title Company of Purchaser's
choosing, or any other mutually convenient location agreed upon by the parties.
Purchaser, or the Title Company if Purchaser so elects, will prepare the necessary
documents for signatures.
6.3 Purchaser shall notify Seller in writing, twenty (20) days in advance of the
Closing date, and shall prepare, or have prepared, and submit to Seller within five
(5) days of Closing, all Closing documents required by Purchaser.
6.4 Seller will sign and deliver at Closing, a statutory form of a Warranty Deed
conveying fee simple absolute title to the Premises (pursuant to Michigan law) in
the condition required by this Agreement, and a Non -Foreign Persons Affidavit.
These documents will have also been reviewed and approved by Purchaser. Seller
will pay for the recording of the Deed, any notary fees, the property transfer tax
(revenue stamps), and any fees required to remove or satisfy outstanding
mortgages or other liens.
6.5 At Closing the Seller will sign an Affidavit of No Liens on the Title Company's
standard form, sufficient to permit the Title Company to delete the standard
Schedule B exceptions.
6.6 At Closing the Seller will sign a Certificate of Accuracy.
6.7 The Seller and Purchaser will sign and/or prepare any other documents necessary
to complete the sale and transfer of the Premises.
6.8 Seller will provide to Purchaser an accounting of all rents and fees (if any) that
pertain to the Premises and were paid to Seller for periods that extend beyond the
date of Closing. Those rents that are for periods that extend beyond the date of
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Closing shall be prorated back to the date of Closing and Seller shall tender to
Purchaser a cashiers check in the amount of those prorated rents, as well as for
any other adjustments or charges as reflected by the Closing Statement.
6.9 Current property taxes shall be prorated on the due date basis of the taxing
authority, on the basis of a three -hundred sixty-five (365) day year; Seller being
responsible for taxes up to and including the date of closing.
7. POSSESSION.
Purchaser shall have possession of the Premises at the end of Closing.
8. RIGHT OF ENTRY AND ACCESS
While this Agreement is in effect, Purchaser and its employees and agents shall have the
right to enter and access the Premises at reasonable times, with reasonable notice to the
Seller, for the purpose of surveying, testing, enviroiunental impact studies, site planning,
and other such work as Purchaser deems necessary or desirable to determine the
Premises' suitability for the conduct of Purchaser's business. However, in the event that
this sale does not take place, then Purchaser, at its own expense, shall restore the property
to substantially the same condition as existed on the date of this Agreement, to the extent
such restoration is necessary due to Purchaser's actions.
9. DEFAULT OF SELLER.
In the event Seller shall default in the performance of its obligations herein, the
Purchaser, in addition to other remedies provided by law, may in its sole discretion, elect
to proceed under either 9.1 or 9.2, but not both:
9.1 Specifically enforce this Agreement and require specific
performance of this contract by judicial decree; or,
9.2 Demand a refund of the entire earnest money deposit plus accrued
interest. Return of the deposit shall terminate this Agreement,
unless Purchaser has elected to enforce this Agreement as provided
in 9.1.
10. DEFAULT OF PURCHASER.
In the event the Purchaser shall materially default in the performance of its obligations
herein, Seller may, in its sole discretion, elect to proceed under either 10.1 or 10.2, but
not both:
10.1 Specifically enforce this Agreement and require specific
13-8
performance of this contract by judicial decree; or,
10.2 Declare that the Purchaser has forfeited all rights hereunder and
retain the earnest money deposit and interest as liquidated
damages. The retention of the earnest money deposit and interest
by Seller shall cancel this Agreement and be in full and final
satisfaction of any and all claims that the Seller may bring against
Purchaser under this Agreement, unless the Seller has elected to
enforce this Agreement as provided in 10.1.
11. RISK OF LOSS
No risk of loss shall pass to Purchaser prior to Closing. Except as otherwise provided in
Section 12, Purchaser acknowledges that Seller (a) has made no representations or warranties
whatever with respect to the property (with the exception of title), whether the property
complies with any laws, and (b) the inspection rights set forth in this Purchase Agreement are
sufficient to enable Purchaser to inspect the property to determine that it is satisfactory to
Purchaser.
12. WARRANTIES BY THE SELLER.
The Seller warrants to the Purchaser and shall certify to the Purchaser upon the execution
of this Agreement as follows:
12.1 The Seller has full authority to enter into and perform this
Agreement in accordance with its conditions, without breaching or
defaulting on any obligation or commitment that the Seller has to
any third parties and will provide Purchaser with any necessary
resolutions, waivers and consents, or other documents that verify
Seller has the requisite authority, which documents can be attached
hereto as Exhibit A.
12.2 The Seller is the fee simple owner of the Premises and will discharge any liens
prior to or at Closing.
12.3 To Seller's actual knowledge, the legal description set forth in this Agreement is
an accurate description of the Premises and does not include any adjacent or
contiguous land owned by the Seller, or any third party.
12.4 To Sellers actual knowledge there are no leases, rights of first
refusal, contracts, or other agreements of any kind with respect to
the Premises, which would impair the Purchasers right to receive
fee title absolute.
13-9
12.5 To Sellers actual knowledge there are no lawsuits, actions, or
proceedings pending, or, to the best of the Seller's knowledge,
threatened by any party, including governmental authorities or
agencies, against or involving the which would affect the Seller's
ability to convey the .
12.6. The Seller has no notice or knowledge of.
(1) any planned or commenced public improvements that
might result in special assessments or otherwise directly
and materially affect the Premises;
(2) any government agency or court order requiring corrections
of any existing conditions;
(3) any request by an insurer or a mortgagee of the
Premises requiring correction of any existing
conditions.
12.7 Seller has not used the Premises for the purpose of disposing of, refining,
generating, manufacturing, producing, storing, handling, treating, transferring,
processing or transporting Hazardous Materials.
12.8 As used in this Agreement, the term "Hazardous Materials" shall mean any
hazardous or toxic substances, wastes or materials, or flaminable explosives,
including, without limitation, those described in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended,
the Hazardous Materials Transportation Act, as amended, the Resource
Conservation and Recovery Act, Parts 20, 211 and 213 of the Natural Resources
Environmental Protection Act, and all rules, regulations and policies promulgated
thereto (collectively, the `Environmental Laws").
13. WARRANTIES BY THE PURCHASER.
The Purchaser warrants to the Seller as follows:
(1) The Purchaser is a Michigan Municipal and
Constitutional Corporation.
(2) The Purchaser has full authority and funding to enter into and perform this
Agreement in accordance with its conditions, and will provide Seller with
the pertinent resolution which will be attached as Exhibit B.
14. SURVIVAL OF CERTAIN PARAGRAPHS.
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The warranties of the Parties contained in this Purchase Agreement shall survive for two
(2) years after Closing.
15. LIABILITY
Seller shall be liable for and defend any and all alleged losses, claims, suits, causes of
action, litigation, or other demands for damages of any kind, pertaining to the prior to
Closing (except those losses, claims, suits, causes of action, litigation, or other demands
for damages, arising solely out of the acts of Purchaser or Purchaser's agent(s) while
performing any surveys or due diligence inspections of the Premises prior to the
Closing), and Seller shall be responsible for paying any and all judgments, damages
awarded, costs and expenses (including attorney fees and court costs) and any other
liabilities that result from any such alleged losses, claims, suits, causes of action,
litigation, or other demands for damages of any kind pertaining to the prior to the
Closing, except as noted above in this paragraph.
16. BINDING EFFECT.
16.1 The covenants herein shall be binding upon and inure to the benefit of the
administrators and governing body of the parties, as well as any successor
administrators or successor governing bodies of the parties.
16.2 This Agreement is not binding until executed by both parties.
17. CONDEMNATION.
In the event of the institution or proposal of institution of condemnation proceedings prior
to Closing, Purchaser shall have the option, in its sole discretion, to terminate this
Agreement and receive back the earnest money deposit and any accrued interest, or
proceed to Closing. If Purchaser proceeds to Closing, Seller shall assign to Purchaser any
and all of Seller's rights to any award or future award pertaining to the Premises, or shall
pay to Purchaser any actual payment or award made to Seller as a result of the institution
or proposal to institute condemnation.
18. NOTICE.
Any notice, request, demand, consent, approval or other communication given hereunder
shall be in writing and shall be sent by registered or certified mail, return receipt
requested, addressed to the other party at its address as set forth below:
Seller: Homer Tolliver
PO Box 179
Ortonvile, Michigan 48462
13-11
Purchaser: Michael Hughson
County of Oakland
Facilities Management
1 Public Works Dr.
Waterford, Michigan 48328
Any party may, by notice given as aforesaid, change its address for any notice. Any
notice by either party shall be sufficient if signed on behalf of said party by any owner or
elected or appointed official thereof.
19. TIME OF THE ESSENCE.
Time is of the essence for this Agreement.
20. CHOICE OF LAW.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Michigan that are applied to contracts made and to be performed in this State.
Venue for any disputes shall be the Oakland County Circuit Court, the Fiftieth District
Court, or the United States District Court for the Eastern District of Michigan, unless this
paragraph violates any provision of the Michigan Court Rules, or the United States Code.
21. USE OF WORDS. The pronouns and relative words used in this Agreement shall be read
interchangeably in masculine, feminine or neuter, singular or plural, as the context
requires.
22. SEVERABILITY. If a term, condition, or provision of this Agreement is found by a
court of competent jurisdiction to be invalid, unenforceable, or to violate or contravene
federal, state, or local law, then the term, condition, or provision shall be deemed severed
from this Agreement; all other terms, conditions and provisions shall remain in frill force
and effect unless the portion of the Agreement renders the remainder of the Agreement a
nullity.
23. WAIVER. No waiver of any term, provision or condition of this Agreement, whether by
conduct or otherwise, in one or more instances, shall be deemed or construed as a further
continuing waiver of a term, provision or condition of this Agreement
24. BINDING EFFECT. The terms and conditions of this Agreement shall be binding and
shall inure to the benefit of the Parties and their respective heirs, representatives,
successors and assigns.
25. ENTIRE AGREEMENT. This document contains the entire agreement of the parties and
supersedes all prior agreements, oral or written, between them. It may not be modified,
changed or altered unless reduced to writing and signed by each of the parties hereto.
26. THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the parties, this
13-12
Agreement does not and is not intended to create any obligations, duty, promise,
contractual right or benefit, right to be indemnified, right to be subrogated to the parties
rights in this Agreement, and/or any other right in favor of any other person or entity.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated
below.
WITNESSED BY:
Michael D. Hughson
Date:
2008.
PURCHASER:
County of Oakland a Michigan Municipal
And Constitutional Corporation
By: Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
Seller's Acceptance
The above offer is accepted by Seller, who agrees to be bound by all of the terms and
conditions contained therein.
WITNESSED BY:
Date:
2008.
SELLERS
Homer Tolliver
Cynthia Tolliver
13-13
4/11/08
-AKLAND
Tor"Y
Waterford Oaks County Park
1680 Scott Lake Road
Waterford, MI 48328
Oakland County Parks & Recreation
2800 Watkins Lake Road
Waterford, MI 48328
Daniel Stencil
Map Created May 27, 2008 Executive Officer
M
'Tho information provided herewith has beencompiled from recorded
deeds, plats, tax maps, surveys and other public records. It Is not a legally
recorded map or survey and is not intended to be used as one. Users
should consult the Information sources mentioned above when questions
Waterford Oaks
Tolliver Property Acquisition
OC Tax Parcels
Park Boundary
Acquisition Target
Dalton Industries
Mterford Oaks county Park - 2006 Aerial
Feet
0 155 310 620
ITEM // 14
APPROVAL AND ACCEPTANCE OF PURCHASE AGREEMENT
DALTON INDUSTRIES PROPERTY - PARCEL NO. 13-13-152-004 (PART)
WATERFORD OAKS COUNTY PARK
Staff from Oakland County Parks and Recreation and the department of Facilities, Management
& Operations, with the assistance of County Corporation Counsel, has negotiated the terms and
conditions of the attached purchase agreement to acquire part of parcel no. 13-13-152-004.
The purchase is conditioned upon receipt of a negative Environmental Assessment Report,
obtaining parcel split approval from Waterford Township and subject to final approval by the
Oakland County Board of Commissioners.
Purchase Price: $270,000 ($43,974/ac.)
Description of property: Vacant rectangular shaped. See attached Exhibit.
Zoning: M-2, General Industrial.
Oakland County estimated expenses:
Purchase Price:
Phase I Environmental Assessment:
Phase If Environmental Assessment:
Closing Fee
Estimated Total Cost:
Seller expenses:
Title Insurance:
Survey:
Property transfer tax:
Appraised value: $365,637 to $469,120.
$270,000 Earnest money deposit: $10,000.
$2,500
$5,000
$200
$277,700
Property tax prorating
$1,135
$4, 000
$2,322
Seller/owner of record: Dalton Industries, LLC, Waterford, MI.
Funding: Oakland County Parks and Recreation Commission Land Acquisition Fund
Recommendation: It is the recommendation of staff that the Oakland County Parks and
Recreation Commission support the acceptance and approval of the attached purchase
agreement.
14-1
RESOLUTION
SUPPORT FOR THE APPROVAL AND ACCEPTANCE OF THE PURCHASE AGREEMENT -
PARCEL NO. 13-13-162-004 (PART), VACANT ALLIANCE DRIVE FOR EXPANSION OF
WATERFORD OAKS COUNTY PARK
WHEREAS, pursuant to the authorization of the Oakland County Planning and Building
Committee and the Oakland County Parks and Recreation Commission, the Department of
Facilities Management with the assistance of Oakland County Corporation Counsel have
negotiated the terms and conditions of the attached Purchase Agreement with Dalton Industries,
LLC, for the purchase of 6.14-ac. of vacant land located at the easterly terminus of Alliance
Drive, Waterford Township, and
WHEREAS, pursuant to the terms and conditions of said Purchase Agreement the
County of Oakland shall pay Dalton Industries, LLC the sum of $270,000 via a cash sale for the
purchase of said property subject to the County performing its required due diligence
investigation of the subject property and obtaining parcel split approval from the Township of
Waterford, and
WHEREAS, sufficient funding for said purchase is available in the Oakland County
Parks and Recreation Land Acquisition Fund, and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have
reviewed and/or prepared all necessary documents related to the attached Purchase
Agreement and recommend its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and
Recreation Commission supports the approval and acceptance of the terms and conditions of
the attached Purchase Agreement attached Purchase Agreement between the County of
Oakland as purchaser and Dalton Industries, LLC, seller via a cash sale purchase.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission has included the EXPENSES for the said project in the budget for FISCAL YEAR
2008; thereby eliminating the need for a BUDGET AMENDMENT.
Moved by:
Supported by:
Date:
14-2
PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this day of ,
2008, by and between Dalton Industries, LLC, PO Box 300888, Waterford, MI 48328
(hereinafter "Seller") and the COUNTY OF OAKL.AND, a Michigan Municipal and
Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341 (hereinafter
"Purchaser"), for the purchase of all right(s), title and interest in the real property, described
below, located in the Township of Waterford, County of Oakland, State of Michigan (hereinafter
the "Premises"); said Premises described as:
Parcel No. 13-13-152-004 (Part).
Part of the West 1/2 of Section 13, T3N, R9E, Waterford Township, Oakland County, Michigan:
Beginning at a point distant S 86'16'00" E 748.60-ft. and N 03°44'55" E 596.63-ft. and S
86029'05" E 194.51-ft. and S 4190'00" E 635.20-ft. from the West 1/4 corner to the point of
beginning; thence S 41010'00" E 785.32-ft.; thence N 48°50'00" E 335.39-ft.; thence along
Railroad Right of Way N 40'26' 10" W 786.46-ft.; thence S 48°48'25" W 345.42-ft. to the point
beginning. Containing 6.14-ac. more or less.
Together with a non-exclusive easement for ingress and egress over part of the West 1/2 of
Section 13, T3N, R9E, Waterford Township, Oakland County, Michigan, more particularly
described as follows: Beginning at a point located S 03°20' 00" W 518.00-ft. along the West line
of Section 13; thence S 86°16'00" E 925.41-ft.; thence N 03°44'50" E 518.00-ft.; thence N
86016'00" W 180.81-ft.; thence N 03°44'35" E 536.63-ft. from the West 1/4 of Section 13, said
point being the intersection of West line of Waterford Industrial Property (as described in Deed
recorded in Liber 402 of Deeds, Page 39, Oakland County Records) and the South line of
Alliance Street; thence S 86°29'05" E 169.70-ft.; thence S 41'10'00" E 1879.48-ft.; thence N
48050'00" E 60.00-ft.; thence N 41°10'00" W 1920.52-ft.; thence N 86°29'05" W 194.51-ft.;
thence S 03044'55" W 60.00-ft. to the point of beginning, being a continuation of Alliance
Street, formerly Williamson Street as shown on Supervisor's Plat No. 20, as recorded in Liber 54
of Plats, Page 48, Oakland County Records.
Legal Description is preliminary and is subject to a final survey.
PURCHASE PRICE/CONSIDERATION
Subject to the adjustments and prorations provided for in this Agreement, the purchase
price of the Premises shall be $270,000.00 Dollars, payable as follows:
1.1 Earnest Money Deposit. Purchaser will tender to Seller upon Sellers Acceptance
of this Agreement a draft in the amount of Ten Thousand Dollars
($10,000.00) which Seller acknowledges as good and sufficient Consideration for
accepting this Purchase Agreement. Said deposit shall be held by a Title Insurance
Company of Purchaser's choosing (the "Title Company") in an interest bearing
account. The deposit and the interest accrued shall be applied toward the purchase
14-3
price at the time of closing or be disbursed to the Seller or the Purchaser in
accordance with the terms of this Agreement.
1.2 Payment of Balance of Purchase Price. This is a cash sale. At the
time of closing, after applying the earnest money deposit to the
purchase price, the balance of the purchase price minus any costs
adjusted at closing will be tendered to Seller by Purchaser or wired
by Purchaser to Seller's bank, at Seller's option.
1.3 Commission. The Seller, under a separate agreement shall be
responsible for and pay any broker or finder fee in connection with
this transaction.
1.4 Acceptance. The Oakland County Board of Commissioners shall have sixty (60)
days from the date of Seller's acceptance of this Agreement, to accept this
Agreement on behalf of the County of Oakland. If the Oakland County Board of
Commissioners does not accept this Agreement then it shall be null and void, and
the deposit and interest shall be returned to the Purchaser.
1.5 Due Diligence Contingency. This Purchase Agreement is contingent upon the
Due Diligence requirements set forth in Paragraph 5 of this Agreement, and its
sub -paragraphs.
1.6 Purchase Contin eg pey. The purchase of the premises is contingent upon the
Purchaser, at Purchaser's expense, receiving a parcel split approval from
Waterford Township to divide Seller's property into two parcels one fitting the
description of the Premises as described on page one of this Agreement.
2. TITLE CONVEYED
2.1 Title to the Premises shall be conveyed at the Closing from Seller by warranty
deed showing no exceptions except those exceptions to title identified in the Title
Commitment delivered to Purchaser under Section three (3).
2.2 Upon execution of this Purchase Agreement by Seller, Seller agrees not to lease,
assign, or grant a security interest or other lien that would encumber the Premises
after Closing, and Seller warrants that any assignment, security interest or other
lien that would encumber the Premises after Closing shall be satisfied out of the
consideration transferred at the time of Closing.
2.3 Seller will grant to Purchaser the right to make all Divisions under Section 108 of
the Land Division Act, Act No. 288 of the Public Acts of Michigan of 1967.
2.4 Seller will convey to Purchaser any and all mineral rights Seller may have in the
14-4
Premises.
3. TITLE INSURANCE
Seller will procure a commitment for an ALTA owner's form of title insurance policy, a
copy of which will be delivered to Purchaser, which policy will be marked up as of
Closing and be effective and certified through the date of recording of the title
documents, in an amount not less than the purchase price, certified to a date later than the
acceptance hereof, and guaranteeing fee simple absolute title in an insurable and
marketable condition. Seller agrees to execute a standard form Owner's Affidavit at
closing to assist in Purchaser's efforts to obtain coverage without standard exceptions. In
addition to the representations and warranties contained in said Owner's Affidavit, Seller
agrees to execute an affidavit indicating the following:
(i) Seller is not on notice, whether actual or anticipated, of any pending claims
against the Seller that would affect the sale of the property.
(ii) There are no court orders prohibiting the sale of the property.
4. TITLE OBJECTIONS
4.1. Purchaser shall have twenty (20) days after receipt of the Title Policy to object to
the condition of the title, based upon the written opinion of the Purchaser's
attorney that the title is not marketable. Upon written notice by Purchaser to Seller
that in the opinion of Purchaser's Attorney the title is defective, Seller shall have
thirty (30) days from the date Seller is notified of the particular defect(s) claimed,
to either (1) remedy the defects, or (2) obtain at its own cost and expense a
substitute commitment for title insurance, insuring in a manner satisfactory to
Purchaser, the Purchaser's title against such defects claimed. If the Seller fails to
remedy the defects or obtain a substitute commitment for title insurance within
said period, Purchaser may at its sole option (1) waive said title defects and close
subject to same; (2) defer the Closing until such time as the defect(s) can be
remedied, if such defects can be remedied in a reasonable time; or, (3) terminate
this Purchase Agreement.
DUE DILIGENCE INVESTIGATIONS
The Purchaser will have 90 days after approval and acceptance of this offer by the
Oakland County Board of Commissioners (hereinafter "Board"), to conduct the due
diligence property investigations in paragraphs 5.1 through 5.3.
During the 90 day period, the Purchaser and its agents shall have access to the property in
order to conduct the investigations listed below. If during the 90 or 180 day periods the
Purchaser, in its sole discretion, gives written notice to Seller that it is not satisfied with
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the condition of the Premises as evidenced by the due diligence investigations, then
Purchaser shall be entitled to the return of its earnest money deposit and any accrued
interest thereon and this Agreement shall be considered null and void.
5.1 The Seller will procure and pay for an ALTA/ACSM boundary Survey of the .
The Purchaser will pay any additional costs associated with the splitting of the parcel. In
addition, Purchaser shall have twenty (20) days from and after receipt of the survey to
determine if the survey matches the property as described in the legal description. If in the
written opinion of the Purchaser's attorney the survey does not match the property as
described in the legal description, then upon written notice by Purchaser to Seller, Seller
shall have thirty (30) days from the date Seller is notified of the particular defect(s)
claimed, to remedy the defects. If the Seller fails to or cannot remedy the defects,
Purchaser may at its sole option (1) waive said defects and close subject to same; (2)
defer the Closing until such time as the defect(s) can be remedied; or, (3) terminate this
Purchase Agreement.
5.2 Phase I Environmental Assessment. Purchaser will have a Phase I Environmental
Assessment ("Phase I") performed consistent with applicable ASTM standards. If
the Phase 1 Report discloses no environmental concerns, then the Parties will
proceed to Closing pursuant to Section 6.
- If the Phase 1 reveals any contamination that would cause the property to be a
Facility under Part 201 of the Michigan Natural Resources Environmental
Protection Act, (MCL 324.2010let. seq.), hereinafter Part 201, then at the sole
option of Purchaser, Purchaser may: (i) terminate this Agreement and receive
back its deposit and any accrued interest; or (ii) it may commission a Phase II
Environmental Assessment. Purchaser shall notify Seller within 15 days after
receipt of the Phase I if it elects to terminate this Agreement for environmental
reasons.
If the Phase II discloses that the Premises is a Facility, and Purchaser elects to
perform a Baseline Enviromnental Assessment (BEA), then Purchaser shall have
an additional 180 days from the time it elects to perform a BEA to submit the
BEA together with a Due Care Plan to the Michigan Department of
Environmental Quality (hereinafter MDEQ) for a liability determination pursuant
to Sections 20126 and 20129a of the Natural Resources and Enviromnental
Protection Act.
If the Purchaser receives an exemption of liability from the MDEQ and MDEQ
accepts the Purchaser's proposed use of the Premises, then the parties will proceed
to closing in accordance with paragraph 6.
If Purchaser does not receive an exemption of liability from the MDEQ, or if
MDEQ requires response activities to be performed, then at the sole option of
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Purchaser, Purchaser may: (i) terminate this Agreement and receive back its
deposit and any accrued interest; or (ii) proceed to closing pursuant to Section 6.
Nothing in this Agreement will prohibit the Parties from modifying or extending
the date for Closing if such changes are necessary based upon environmental
issues. Such modification or extension must be agreed to in a written addendum
to this Agreement signed by both parties.
5.3 The Purchaser may perform or commission any other investigations that the
Purchaser, in its sole discretion, deems appropriate.
CLOSING AND CLOSING DOCUMENTS.
6.1 If this offer is accepted by the Seller, and if Seller can convey title as agreed and
can comply with all of contingencies of sale described herein, the Purchaser
agrees to complete the sale on or before 120 days after the date of signature of
Purchaser, or 60 days after all Environmental concerns have been resolved to the
satisfaction of Purchaser.
6.2 The Closing shall be held at the offices of a Title Company of Purchaser's
choosing, or any other mutually convenient location agreed upon by the parties.
Purchaser, or the Title Company if Purchaser so elects, will prepare the necessary
documents for signatures.
6.3 Purchaser shall notify Seller in writing, twenty (20) days in advance of the
Closing date, and shall prepare, or have prepared, and submit to Seller within five
(5) days of Closing, all Closing documents required by Purchaser.
6.4 Seller will sign and deliver at Closing, a statutory form of a Warranty Deed
conveying fee simple absolute title to the Premises (pursuant to Michigan law) in
the condition required by this Agreement, and a Non -Foreign Persons Affidavit.
These documents will have also been reviewed and approved by Purchaser. Seller
will pay for the recording of the Deed, any notary fees, the property transfer tax
(revenue stamps), and any fees required to remove or satisfy outstanding
mortgages or other liens.
6.5 At Closing the Seller will sign an Affidavit of No Liens on the Title Company's
standard form, sufficient to permit the Title Company to delete the standard
Schedule B exceptions.
6.6 At Closing the Seller will sign a Certificate of Accuracy.
6.7 The Seller and Purchaser will sign and/or prepare any other documents necessary
to complete the sale and transfer of the Premises.
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6.8 Seller will provide to Purchaser an accounting of all rents and fees (if any) that
pertain to the Premises and were paid to Seller for periods that extend beyond the
date of Closing. Those rents that are for periods that extend beyond the date of
Closing shall be prorated back to the date of Closing and Seller shall tender to
Purchaser a cashiers check in the amount of those prorated rents, as well as for
any other adjustments or charges as reflected by the Closing Statement.
6.9 Current property taxes shall be prorated on the due date basis of the taxing
authority, on the basis of a three -hundred sixty-five (365) day year; Seller being
responsible for taxes up to and including the date of closing.
7. POSSESSION.
Purchaser shall have possession of the Premises at the end of Closing.
8. RIGHT OF ENTRY AND ACCESS
While this Agreement is in effect, Purchaser and its employees and agents shall have the
right to enter and access the Premises at reasonable times, with reasonable notice to the
Seller, for the purpose of surveying, testing, environmental impact studies, site planning,
and other such work, as Purchaser deems necessary or desirable to determine the
Premises' suitability for the conduct of Purchaser's business. However, in the event that
this sale does not take place, then Purchaser, at its own expense, shall restore the property
to substantially the same condition as existed on the date of this Agreement, to the extent
such restoration is necessary due to Purchaser's actions.
9. DEFAULT OF SELLER.
In the event Seller shall default in the performance of its obligations herein, the
Purchaser, in addition to other remedies provided by law, may in its sole discretion, elect
to proceed under either 9.1 or 9.2, but not both:
9.1 Specifically enforce this Agreement and require specific
performance of this contract by judicial decree; or,
9.2 Demand a refund of the entire earnest money deposit plus accrued
interest. Return of the deposit shall terminate this Agreement,
unless Purchaser has elected to enforce this Agreement as provided
in 9.1.
10. DEFAULT OF PURCHASER.
In the event the Purchaser shall materially default in the performance of its obligations
14-8
herein, Seller may, in its sole discretion, elect to proceed under either 10.1 or 10.2, but
not both:
10.1 Specifically enforce this Agreement and require specific
performance of this contract by judicial decree; or,
10.2 Declare that the Purchaser has forfeited all rights hereunder and
retain the earnest money deposit and interest as liquidated
damages. The retention of the earnest money deposit and interest
by Seller shall cancel this Agreement and be in full and final
satisfaction of any and all claims that the Seller may bring against
Purchaser under this Agreement, unless the Seller has elected to
enforce this Agreement as provided in 10.1.
11. RISK OF LOSS
No risk of loss shall pass to Purchaser prior to Closing. Except as otherwise provided in
Section 12, Purchaser acknowledges that Seller (a) has made no representations or warranties
whatever with respect to the property (with the exception of title), whether the property
complies with any laws, and (b) the inspection rights set forth in this Purchase Agreement are
sufficient to enable Purchaser to inspect the property to determine that it is satisfactory to
Purchaser.
12. WARRANTIES BY THE SELLER.
The Seller warrants to the Purchaser and shall certify to the Purchaser upon the execution
of this Agreement as follows:
12.1 The Seller has full authority to enter into and perform this
Agreement in accordance with its conditions, without breaching or
defaulting on any obligation or commitment that the Seller has to
any third parties and will provide Purchaser with any necessary
resolutions, waivers and consents, or other documents that verify
Seller has the requisite authority, which documents can be attached
hereto as Exhibit A.
12.2 The Seller is the fee simple owner of the Premises and will discharge any liens
prior to or at Closing.
12.3 To Seller's actual knowledge, the legal description set forth in this Agreement is
an accurate description of the Premises and does not include any adjacent or
contiguous land owned by the Seller, or any third party.
12.4 To Sellers actual knowledge there are no leases, rights of first
14-9
refusal, contracts, or other agreements of any kind with respect to
the Premises, which would impair the Purchasers right to receive
fee title absolute.
12.5 To Sellers actual knowledge there are no lawsuits, actions, or
proceedings pending, or, to the best of the Seller's knowledge,
threatened by any party, including governmental authorities or
agencies, against or involving the which would affect the Seller's
ability to convey the .
12.6. The Seller has no notice or knowledge of.
(1) any planned or commenced public improvements that
might result in special assessments or otherwise directly
and materially affect the Premises;
(2) any government agency or court order requiring corrections
of any existing conditions;
(3) any request by an insurer or a mortgagee of the
Premises requiring correction of any existing
conditions.
12.7 Seller has not used the Premises for the purpose of disposing of, refining,
generating, manufacturing, producing, storing, handling, treating, transferring,
processing or transporting Hazardous Materials.
12.8 As used in this Agreement, the term "Hazardous Materials" shall mean any
hazardous or toxic substances, wastes or materials, or flammable explosives,
including, without limitation, those described in the Comprehensive
Enviromnental Response, Compensation and Liability Act of 1980, as amended,
the Hazardous Materials Transportation Act, as amended, the Resource
Conservation and Recovery Act, Parts 20, 211 and 213 of the Natural Resources
Environmental Protection Act, and all rules, regulations and policies promulgated
thereto (collectively, the `Environmental Laws").
13. WARRANTIES BY THE PURCHASER.
The Purchaser warrants to the Seller as follows:
(1) The Purchaser is a Michigan Municipal and
Constitutional Corporation.
(2) The Purchaser has full authority and funding to enter into and perform this
14-10
Agreement in accordance with its conditions, and will provide Seller with
the pertinent resolution which will be attached as Exhibit B.
14. SURVIVAL OF CERTAIN PARAGRAPHS.
The warranties of the Parties contained in this Purchase Agreement shall survive for two
(2) years after Closing.
15. LIABILITY
Seller shall be liable for and defend any and all alleged losses, claims, suits, causes of
action, litigation, or other demands for damages of any kind, pertaining to the prior to
Closing (except those losses, claims, suits, causes of action, litigation, or other demands
for damages, arising solely out of the acts of Purchaser_or Purchaser's agent(s) while
performing any surveys or due diligence inspections of the Premises prior to the
Closing), and Seller shall be responsible for paying any and all judgments, damages
awarded, costs and expenses (including attorney fees and court costs) and any other
liabilities that result from any such alleged losses, claims, suits, causes of action,
litigation, or other demands for damages of any kind pertaining to the prior to the
Closing, except as noted above in this paragraph.
16. BINDING EFFECT.
16.1 The covenants herein shall be binding upon and inure to the benefit of the
administrators and governing body of the parties, as well as any successor
administrators or successor governing bodies of the parties.
16.2 This Agreement is not binding until executed by both parties.
17. CONDEMNATION.
hl the event of the institution or proposal of institution of condemnation proceedings prior
to Closing, Purchaser shall have the option, in its sole discretion, to terminate this
Agreement and receive back the earnest money deposit and any accrued interest, or
proceed to Closing. If Purchaser proceeds to Closing, Seller shall assign to Purchaser any
and all of Seller's rights to any award or fiiture award pertaining to the Premises, or shall
pay to Purchaser any actual payment or award made to Seller as a result of the institution
or proposal to institute condemnation.
18. NOTICE.
Any notice, request, demand, consent, approval or other communication given hereunder
shall be in writing and shall be sent by registered or certified mail, return receipt
requested, addressed to the other party at its address as set forth below:
14-11
Seller: Dalton Industries, LLC
PO Box 300888
Waterford, Michigan 48328
Purchaser: Michael Hughson
County of Oakland
Facilities Management
1 Public Works Dr,
Waterford, Michigan 48328
Any party may, by notice given as aforesaid, change its address for any notice. Any
notice by either party shall be sufficient if signed on behalf of said party by any owner or
elected or appointed official thereof.
19. TIME OF THE ESSENCE.
Time is of the essence for this Agreement.
20. CHOICE OF LAW.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Michigan that are applied to contracts made and to be performed in this State.
Venue for any disputes shall be the Oakland County Circuit Court, the Fiftieth District
Court, or the United States District Court for the Eastern District of Michigan, unless this
paragraph violates any provision of the Michigan Court Rules, or the United States Code.
21. USE OF WORDS. The pronouns and relative words used in this Agreement shall be read
interchangeably in masculine, feminine or neuter, singular or plural, as the context
requires.
22. SEVERABILITY. If a term, condition, or provision of this Agreement is found by a
court of competent jurisdiction to be invalid, unenforceable, or to violate or contravene
federal, state, or local law, then the term, condition, or provision shall be deemed severed
from this Agreement; all other terms, conditions and provisions shall remain in full force
and effect unless the portion of the Agreement renders the remainder of the Agreement a
nullity.
23. WAIVER. No waiver of any term, provision or condition of this Agreement, whether by
conduct or otherwise, in one or more instances, shall be deemed or construed as a further
continuing waiver of a term, provision or condition of this Agreement
24. BINDING EFFECT. The terms and conditions of this Agreement shall be binding and
shall inure to the benefit of the Parties and their respective heirs, representatives,
successors and assigns.
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25. ENTIRE AGREEMENT. This document contains the entire agreement of the parties and
supersedes all prior agreements, oral or written, between them. It may not be modified,
changed or altered unless reduced to writing and signed by each of the parties hereto.
26. THIRD PARTY BENEFICIARIES. Except as provided for the benefit of the parties, this
Agreement does not and is not intended to create any obligations, duty, promise,
contractual right or benefit, right to be indemnified, right to be subrogated to the parties
rights in this Agreement, and/or any other right in favor of any other person or entity.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated
below.
WITNESSED BY:
PURCHASER:
County of Oakland a Michigan Municipal
And Constitutional Corporation
Michael D. Hughson By: Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
Date: , 2008.
Seller's Acceptance
The above offer is accepted by Seller, who agrees to be bound by all of the terms and
conditions contained therein.
WITNESSED BY:
Date: 2008.
SELLER: Dalton Industries, LLC
14-13
4/11 /08
ITEM #15
SAMUEL FARM LEASE AGREEMENT
SPRINGFIELD OAKS
Staff is requesting Commission approval of the attached resolution to
lease 8 acres of the Samuel Farm on the west side of Hall Road adjacent to the
special events arena at Springfield Oaks. The lease is being requested to
accommodate parking facilities for the Oakland County Fair, providing closer
parking for patrons, especially for those attending the main attractions during the
Fair, such as the Figure Eight Races, Demolition Derby, Rodeo, etc. The time
period for the lease would be a two -week time frame around the Oakland County
Fair.
The Oakland County 4-H Fair Association will reimburse the Oakland
County Parks and Recreation Commission for the lease payments.
15-1
SAMUEL FARM LEASE
RESOLUTION
WHEREAS, the Oakland County Parks and Recreation Commission is host to the annual
Oakland County Fair at the Springfield Oaks Activities Center in Springfield Township; and
WHEREAS, approximately 75,000 to 90,000 people attend the annual Oakland County Fair
each year; and
WHEREAS, the Oakland County Fair is scheduled this year for July 7 - 13; and
WHEREAS, a portion of the Samuel Farm, located on the west side of Hall Road adjacent to the
Springfield Oaks County Park, is available for lease to accommodate additional parking for the Oakland
County Fair; and
WHEREAS, said lease will be developed by Oakland County Property Management staff and
Corporation Counsel; and
WHEREAS, said lease will be between the County of Oakland and Wayne Samuel in an amount
determined by a market assessment; and
WHEREAS, the Oakland County 4-H Fair Association will reimburse the funds for the lease
payments.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation
Commission hereby requests the Oakland County Board of Commissioners authorize and approve the
lease agreement between the County of Oakland and Wayne Samuel for eight acres on the west side of
Hall Road in Springfield Township.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission
hereby requests the Board of Commissioners direct its Chairperson or designee to execute said lease on
behalf of the County of Oakland.
Moved by
Supported by
Date
15-2
ITEM #16
KIDWELL LEASE AGREEMENT
WATERFORD OAKS
Staff is requesting Commission approval of the attached resolution
requesting a lease with Roger Kidwell for the residence at 2896 Watkins Lake
Road in Waterford Township. The lease with Mr. Kidwell was a condition of the
sale of his property to the Parks Commission and will be in effect for a minimum
of one year.
Oakland County Property Management Specialist Mike Hughson is
completing a market assessment to provide a rent recommendation on the
residence. Legal documents will be provided at the meeting.
16-1
KIDWELL RESIDENCE LEASE
RESOLUTION
WHEREAS, the Oakland County Parks and Recreation Commission, at its regular meeting of
December 12, 2007, approved the agreement to purchase .82 acres of land from Roger A. Kidwell
located at 2896 Watkins Lake Road in Waterford Township; and
WHEREAS, one of the conditions of purchase was the intent to lease the house back to Mr.
Kidwell for a period of a minimum of one year; and
WHEREAS, the closing on the Kidwell property acquisition is scheduled for June 5, 2008; and
WHEREAS, the leasing of this property meets the vision of the strategic master plan to
"maximize the efficiency and revenue capability of each park, recreation facility, program and service that
will create a sustainable park system for all residents in the county to enjoy;" and
WHEREAS, said lease will be developed by Oakland County Property Management staff and
Corporation Counsel; and
WHEREAS, said lease will be between the County of Oakland and Roger A. Kidwell in an
amount determined by a market assessment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation
Commission hereby requests the Oakland County Board of Commissioners authorize and approve the
lease agreement between the County of Oakland and Roger A. Kidwell for the house located at 2896
Watkins Lake Road in Waterford Township.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation Commission
hereby requests the Board of Commissioners direct its Chairperson or designee to execute said lease on
behalf of the County of Oakland.
Moved by
Supported by
Date
16-2
Oakland County Parks
:00 Watkins Lake -...
Waterford,
Daniel
Map Created May 27, 2006 Executive Officer
Information provided heroWith has been compiled from recorded
deeds, plats, tax maps, surveys and other public records. it 6 not a legally
record d map or survey and is not intended to be used as one, Users
should consul the information sources mentioned above when questions
Waterford Oaks
Church Property Acquisition
QWesleyan Methodist Church Parcel
Proposed Parcel split
Waterford Oaks Boundary
OC Tax Parcels
All dimensions are approximate and should be
verified by survey.
Kbterfoni Oaks county Park - 2006 Aerial
Feet
0 75 150 300
ITEM #17
PROS CONSULTING CONTRACT AMENDMENT — PHASE II
As announced at the May 7 Commission meeting, staff is recommending
Commission approval of a contract amendment with PROS Consulting for Phase
II of the strategic master planning process. The amount of $116,521.37 was
expended on the first phase of the plan.
Staff looked at the possibility of phasing the scope of the proposed work;
however, because of the synergistic relationship between the planning initiatives,
it is staff's recommendation to approve all the components now. Those include
the programming plan, regional assessment plan, business plan, marketing plan,
assessment of Springfield Oaks, setting of standards, and development and
training of staff. The regional assessment plan component will be submitted to
the county for funding through the County Executive's Capital and Cooperative
Initiatives Revolving Fund (CCIRF).
Retiring administrators will be working as part-time non -eligible staff to
support PROS Consulting in reducing contract costs.
Staff requests Commission approval of the contract amendment with
PROS Consulting in the amount of $156,280, plus a five percent contingency of
$7,814, for a total budgeted amount of $164,094.
17-1
Oakland County
Parks and Recreation Commission Scope of Work
takland County Parks and Recreation • R
Strategic
Scopeof ,
Additional
•
PROS will conduct a comprehensive evaluation of one golf course and develop a prototype business for
guidance in developing business plans for the remaining courses. The evaluation will identify long term
strategies to guide the Commission for the next five to ten years as well as short term strategies that
enhance the efficiency and revenue capacity as well as decreasing expenditures for the golf course cost
centers. The outcome of the evaluation will provide information for the Commission to determine what
business model and operational changes will provide the County with the greatest opportunity to regain self
supporting golf course operations. PROS will be training Oakland County staff on the process so that it can
develop business plans for the other four golf courses.
Task I a Operational Assessment
A. Data Collection and Site Review - PROS will identify, collect, and log key data and information to
facilitate dissemination and assimilation of information. This review will be in all areas of operations
and. PROS will prepare a set of questions for the staff to respond to as part of the initial meeting.
PROS will prepare an operational assessment with recommendations as it applies to the following
areas for the golf course
• Attendance review by age segment and time.
• Annual pass assessment.
• Clubhouse rental.
• Golf outing assessment.
• Operating cost assessment with a line item budget of course operations.
• Capital improvement assessment.
• Revenue generating capability based on existing projections overlaid with new revenue
strategies.
• Cost of services assessment.
• Operational philosophy assessment.
• Operational models to consider with pros and cons for each model.
• Marketing assessment with recommendations.
• Profitability assessment.
• Cash flow review and process to implement for improved financial accountability.
• Informational management assessment.
• Customer service assessment.
• Equipment evaluation and assessment with a capital replacement schedule.
• Staffing assessment.
• Evaluation of course conditions and playability.
• Technology assessment.
• Pricing assessment for each cost center.
17-2
prosF-,
consulting
Oakland County
Parks and Recreation Commission Scope of Work
Task 2 m Market Analysis/DemographicStudy
A. Market Demographics and Trends Analysis — PROS will determine the size of the golf market in
Oakland County and the service area. Includes community specific age distribution, population
density, household income, race/ethnicity, and income characteristics. This data will be applied to
national trends in order to estimate potential user groups to aid improved understanding of the market.
The market is analyzed from various rings of influence as illustrated.
B. Competitive Analysis of Area Providers - PROS will develop a competitive market assessment of
private and daily fee courses in the service area and where the golf course is positioned. Research is
conducted to determine the existing level of services, fees, and estimated market share of other
courses in the community and surrounding area to understand the market and demographic being
served. Local golf trends and the competitive market assessment will be compared with national
participation statistics. A commentary of fees, course offerings, and comparisons of competitive
courses will be reported.
Task 3 — Financial Analysis
PROS will utilize the information and findings from the Operational Assessment as well as findings from the
Strategic Master Plan as the basis for this task. Detailed tasks include:
A. Operational Standards — PROS will establish operational standards and costs for the golf course for
full operations. This will include hours of operation, maintenance standards, staffing levels needed,
technology requirements and customer service requirements based on established and agreed upon
outcomes. After consultation with the Commission, operational costs for the facility will be finalized.
B. Program and Management Strategy — PROS will evaluate the existing programs and services
provided and management alternatives opportunities and develop a program and management
strategy to support the needs of golfers and create revenue for the course. This will include
identification of potential programs by specific activity, funding parameters, and agreement guidelines
to support forma future management agreements. Various potential management and organizational
alternatives will be developed to guide decision -making by the Commission
C. Pricing Strategy and Pro Forma - Based on the operational plan for the facility and debt service,
PROS will develop a pricing strategy for membership, daily fees, and program services with the
desired outcome of a profit -driven facility. Pricing strategies will also include fees, rental space, food
concessions pricing, and catering pricing for both prime time and non -prime time use. This will be
converted into a five year pro forma and operating budget. Funding options will be identified and
evaluated against their potential support and success. These options will include a combination of
partnerships and sponsorships, ancillary revenue generation opportunities, and other available
resources.
Team 4 — Golf Businessi Report
A. Final Report — A Business Plan report will be written with analysis of findings, priorities, timeframes,
and recommendations. Briefings on the plan will be made and revisions concluded, enabling the
provision of the final report. PROS will teach and train staff in the development of this business plan so
it can be repeated in the other golf courses.
17-3
pros,;-, !
consul f ing
Oakland County
Parks and Recreation Commission Scope of Work
Equestrian Center Feasibility Study and Business Flan
The outcome of the Study will evaluate the market potential for the facility and financial revenue capability
and operational cost for such a facility. Core equestrian programs and services will be compared to the
detailed market findings and applied to the conceptual design.
Operational strategies will be developed, including but not limited to the possible involvement by multiple
entities and partnerships and management alternatives, resulting in the most efficient and effective
implementation strategy for the Equestrian Center. PROS will then develop operational assumptions and a
development plan along with a detailed financial analysis including funding strategies and pro -forma.
PROS Consulting proposes the following scope of services to guide the development of the market
analysis, feasibility study and business plan.
Task I -- Kick -of Meeting
A kick-off meeting will be held with key client project team members and PROS Team members to confirm
project goals, objectives, and expectations that will help guide actions and decisions of the PROS Team.
Detailed steps of this task include:
a. Confirmation — The project goals, objectives, scope, and schedule will be confirmed.
b. Outcome Expectations — Discuss expectations of the completed project along with
presentations of different management models for equestrian centers.
c. Communications — Confirmation on lines of communication, points of contact, level of
involvement by County leaders and staff, and other related project management details. Also,
protocols and procedures for scheduling meetings should be agreed to.
d. Data Collection — The Project Team will collect, log, and review key data and information to
facilitate a thorough understanding of the project background.
Task 2 - caret Analysis
a. Stakeholder Input — In conjunction with the County, PROS will identify stakeholders for the
proposed project and hold confidential interviews and focus groups to document their needs
and other issues that would affect the development of the proposed Equestrian Park project.
These stakeholders will likely include the local equestrian groups, municipal leaders and others
identified by the Team. PROS will perform up to 8 meetings over a two day period.
b. Demographics and Activity Participation Trends — PROS will confirm the demographics of
the market in order to apply population by age segments for the region, including the proposed
service area, to activity/participation trends. This will assist in determining the size of the
activity market by age segment and frequency rates that can be applied to this facility.
c. Competition and Other Service Providers Assessment - PROS will identify competitive
facilities and confirm other service providers within the market area. This will include both
public and private facilities and service providers. General services offerings, operational
characteristics, and target market will be documented.
d. Market Trends Analysis — PROS will prepare a white paper on the trends in the marketplace
related to the equestrian activities. This will include trends pertaining to show and competition
events, market segmentation, purchasing characteristics, facility needs, future opportunities
and saturated activities. This will include local, regional, state and national trends. Price
points will be outlined by cost center and overlaid with the regions ability to pay for services to
support the equestrian park.
e. Core Program Market - PROS will confirm the core program markets based on the input and
analysis performed during this task. This will include key activities and programs, the size of
17-4
'>
consulting
Oakland County
Parks and Recreation Commission Scope of Work
the core program market, and market positioning. The outcome of this task will be used to
establish a refined concept design and development plan including financial performance and
partnership/management alternatives.
Task 3 — Concept Development
The PROS Team will prepare a development plan including operational standards and potential partnering
strategies.
a. Concept Program Plan — Based on outcome expectations of the equestrian center, the
market analysis, core program market, and the concept development plan, a detailed concept
program plan will be established for the each core activity area and support facilities where
applicable. PROS will project estimated participation of each program based on national
trends as they relate to the local region/state. Examples of programming may include
educational riding, recreational riding, organized team activities, and competitive events.
b. Concept Development Plan — PROS will translate the core program market and other facility
needs into a general space allocation program including sizing requirements and component
relationships and interaction. PROS will prepare budgetary construction cost estimates and
final space allocation to establish the Development and Operational Plan.
c. Operational Standards — PROS will establish operational standards and costs for the
equestrian center for full operations; full operations will be defined. This will include hours of
operation, maintenance standards, staffing levels needed, technology requirements and
customer service requirements based on established and agreed upon outcomes.
d. Partnership and Sponsorship Analysis - Partnership and sponsorship opportunities will be
analyzed and a strategy developed to support formal partnership and sponsorship agreements.
This included identification of potential partners and sponsors by specific activity, funding
parameters, and agreement guidelines to support formal policy approval.
`bask 4 — Feasibility Repot
a. Pricing Strategy and Pro Forma — Based on the operational plan for the facility and potential
debt service, PROS will develop a pricing strategy for membership, daily fees, event fees and
program services with the desired outcome of a profit -driven facility. Pricing strategies will also
include core program fees, lease fees, horse rental stall space, and concession pricing. This
will be converted into a five year pro forma and operating budget. Funding options will be
identified and evaluated against their potential support and success. These options will include
a combination of options partnerships/sponsorships, revenue generation and other available
resources.
b. Feasibility Report — A Feasibility Study and Business Plan report will be written with analysis
of findings, priorities, timeframes, and recommendations. Two briefings on the plan will be
made and a maximum of three revisions will be made to the Final Draft to produce the Final
Report. The PROS Team members are available to assist in additional briefings and
presentations to investment partners to help secure funding on a time and material basis.
17-5
,g$
consulting
Oakland County
Parks and Recreation Commission Scope of Work
Oakland County Regional Program and Amenity Plan
PROS will develop a Regional Recreation Program and Amenity Plan for Oakland County that will evaluate
the level of service currently offered by all public service providers. PROS will identify opportunities for
increased effectiveness in leveraging all recreation service providers to meet the needs of the public.
Tasks to be performed include:
A. Inventory Matrix (COMPLETED BY Oakland County staff) — Staff will collect data and prepare a
facility, amenity and program matrix of the services provided in the County by other service providers
to include the State of Michigan, Huron Clinton Park District, Cities and Towns and the County as well
as adjacent counties. Staff will send out a survey to each city and town asking them to participate as
well as other service providers to provide input into the model for recreation amenities and programs
in the model.
B. Level of Service Assessment — PROS and staff will establish as existing standard for each amenity
and facility in the county and map each amenity, recreation facility and program on a GIS map.
Oakland County to provide the base maps and layers for PROS to evaluate as well. The regional plan
will capture the population served by each amenity offered in the county. Each program offered in the
County will be evaluated against the size of the market against the services provided and the
percentage of the market covered and where gaps exist. PROS will incorporate a program and facility
assessment priority ranking based off of the information received and the household survey being
conducted in the spring of 2008.
C. Plan Development — Based on the information obtained and evaluation, PROS will identify
opportunities for increased effectiveness in leveraging all recreation service providers to meet the
needs of the public. The information will be shared with other service providers for their input with the
intent of complimenting services provided and eliminating or curtailing duplicate services where they
exist and or managing them differently to maximize government dollars spent on parks and recreation
services in the county.
Creative Program Plan
PROS will develop a Creative Program Plan for Oakland County that will help to generate new and
innovated programs. PROS will utilize the previously completed Program Plan from the Strategic Plan.
Tasks to be performed include:
A. New Program Initiatives — Utilizing the ideas generated by staff during the innovation session as a
catalyst and working in conjunction with staff, a series of new program initiatives will be created
targeted to the core recreation services identified in the Strategic Plan.
B. Recreation Program Master Plan — Taking the information gathered, a phased plan will be developed
to incorporate the initiatives into a year by year plan to coincide with the newly created Strategic Plan
for the Commission. This plan will also incorporate the results of the citizen household survey being
conducted in the spring of 2008.
17-6
PrOS7,.,
consul Ping
Oakland County
Parks and Recreation Commission Scope of Work
Maintenance Standards Model for Oakland County Parks
PROS will develop a maintenance standards model for park maintenance for each type of frequency task
completed in County Parks. This will include development of a model that establishes quantified standards
with the frequency, duration, and labor requirements required to achieve that task. The model will include
each of the 13 County Parks. The model will capture current standards and recommend adjustments along
with inspection and reporting measurements. Oakland County staff will prepare and document the work
time and task completed on a frequency basis as part of the work to be done together with PROS.
Specific tasks will include:
B. Data Collection — PROS will collect the following data from the County:
• Parks and facilities inventory
• Equipment Inventory
• GIS Base Maps
• Work Order Information
• Organization and Staffing Details
• Actual and Proposed Budgets (5 years)
C. On -site Assessment - The development of standards will include an on -site review of the current park
property, the determination of current maintenance standards in place, the identification of desired
outcomes by Department staff, and the documentation of personnel resources required.
D. Standards Development - Analysis of the site assessment information will be performed and
translated into a maintenance model organizing the Department's parks by zone, asset and asset
elements. Three levels of maintenance standards will be prepared and the appropriate level applied to
each park task and element including frequency and quality of maintenance activities. Man-hours will
be applied to each task and element according to the desired outcomes and summarized to identify
estimated man-hour requirements. These man-hour estimates establish the base -line to determine
labor costs by zone and/or asset.
E. Report Development — PROS will prepare a report summarizing the findings, analysis and
recommendations. In addition, PROS will transfer the standards model to the County and include 2
days of training.
17-7
pros;,
consul tigg
Oakland County
Parks and Recreation Commission Scope of Work
Strategic Marketing Plan
PROS recommends that the findings from the Strategic Master Plan and individual business plans become
the baseline for a Strategic Marketing Plan. The Strategic Marketing Plan should develop specific
strategies for target markets and key service offerings. The preparation of the marketing plan will provide
continuity with development and operational strategies presented in this Strategic Master Plan. The
following work plan presents the detailed scope of services for delivering the tasks identified for the PROS
Team:
Task I — Market and Integrated Branding Strategy
F. Data Collection/Review - The PROS Team will evaluate its past research as well as other sources of
information maintained by our team members to document and articulate the market position of
Commission. This will allow for a differentiation strategy to ensure that we can clearly and effectively
position the Commission brand in the market -place compared to its competition.
G. Branding Framework - The PROS Team will translate the overall vision and strategy into a framework
to support development of a brand. This framework will be presented to the Commission for feedback
and consensus. Our focus will be to establish a strategy that clearly positions the Commission in the
market place and weaves the "Commissions Brand" throughout its operations, facilities, programs and
services, merchandise, and related resources. This will include integrating the programming plan and
marketing plan together to create packages that ultimately supports the growing impact of the
Commission to the county. The final product will be a detailed list of strategies to create overall
awareness, target specific user groups, leverage events and resources, and promote the Commission's
brand.
Our approach will provide continuity to every aspect of communications materials. The PROS Team
will develop a Market Positioning and Branding Strategy will be established for the Commission related
to communicating and attracting participants to its facility and programs. This will include the creation
of the "message" and the appropriate channels by which to communicate the message. This could
include print, radio, TV, internet, billboards, or other resources. In addition, this strategy will identify
opportunities to leverage other resources including low-cost/no-cost events.
TaskMarket Segmentation and Characteristic Analysis
Additional analysis and documentation of the target market and associated characteristics will be
performed to support profiling the market segmentations based on the overall market positioning strategy.
This market segmentation will be documented in the form of a matrix that will allow comparison to programs
and service offerings as well as a detailed breakdown of optimal communication media and channels. This
analysis will establish the baseline for creating focused marketing strategies by market segment as well as
easily identifying overlapping and duplication in order to create the most cost effective strategies.
Based on the strategies and expansion on target markets, the Commission will be able to update the
financial plan with sales and revenue goals by market segment for each attraction and program. By
creating the sales and revenue goals in the model, the Commission can easily identify the return on
investment for specific strategies based on cost versus revenue generation.
Task 3 — Implementation Strategy
The Strategic Marketing Plan will be prepared to provide an implementation tool that includes
the following elements:
• Market Positioning and Branding Strategy
17-8
pros;,:�--
consulting
Oakland County
Parks and Recreation Commission Scope of Work
• Updated market segmentation with key marketing messages for the agency and key
attractions
• Analysis of the market to support each attraction based on ability to pay and willingness to pay
• Key venues for message communications including marketing channels and media
• Publicity and advertising strategies that are cost-effective and appropriate
• Barriers to success and strategies to overcome
• Detailed implementation timeline to coincide with key milestones
• Defined performance measurement techniques
17-9
consul 'figg
Oakland County
Parks and Recreation Commission Scope of Work
Proposed Costs
PROS Consulting, LLC has prepared the following cost breakdown to perform the services identified in the preceding
scope of work. These costs include the estimated time that Oakland County employees will contribute to the final
products and deliverables. These could be subject to change based on staff availability but it is anticipated that their
time will be available to support PROS in the final products.
Oakland County Parks and Recreation Commission
Strategic Master Plan - Additional Services
PROS Consulting, LLC - Proposed Fees
28-Apr-08
Total
s-� � � ��� � liddtiaorial5ervices� �,� f
dotal {
Task A. Operational Assessment
$
4,120
Task 2 A. Market Demographics and Trends Analysis
$
1,580
Task 2 B. Competitive Analysis of Area Providers
2,380
Task 3A. Operational Standards
2,670
Task 3B. Partner and Management Strategy
2,240
Task 3C. Pricing Strategy & Pro -Forma
9,340
Task 4A. Final Report
$
6,480
Expenses
$
3,600
Subtotal Dollars
$
32,410
goes an en erg eas y an us Hess= an � � t
Task 1. Kick off Meeting
$
3,960
Task 2. Market Analysis
$
9,680
Task 3. Concept Development
15,320
Task 4. Feasibility Report
44,400
Expenses
$
6,400
Subtotal Dollars
$
49,760
yMatrix
Task 1. Inventory (Completed by Staff)
$
-
Task 2. Level of Service Assessment
6,560
Task 3. Plan Development
5,480
Expenses
$
2,400
Subtotal Dollars
$
14,440
rea va ro ram an
_
Task 1. New Program Initiatives
$
4,175
Task 2. Recreation Program Master Plan
4,895
Expenses
$
1,000
Subtotal Dollars
$
10,070
Task 1. Data Collection
$
4,800J
Task 2. On -site Assessment
4,970
Task 3. Standards Development
12,950
Task 4. Report Development
6,680
Expenses
$
4,800
Subtotal Dollars
$
34,200
egG a ?ram an
,
Task 1 A. Data Collection/Review
$
1,800
aSK 1 8. branding F rameworK
$
2,350
Task 2 Market Segmentation and Characteristic Analysis
2,450
Task 3 Implementation Strategy
6,600
Expenses
$
2,200
Subtotal Dollars
$
15,400
TOTAL ADDITIONAL SERVICES FEES
$
135,880
TOTAL ADDITIONAL SERVICES EXPENSES
$
20,400
TOTAL ADDITIONAL SERVICES DOLLARS
156,280
%AI,
°- 17-10
consulting
ITEM #18
NEW COMMUNICATIONS & MARKETING INITIATIVES
Enhancing awareness and use of parks and core services is an important
element of the park system's Strategic Master Plan. With media and marketing
communications becoming increasingly customer and digitally -driven, Oakland
County Parks and Recreation has initiated a number of new efforts* including:
o Promoting "stay -cations" and "day -cations"
o Collection of basic guest information such as place of residence
o User survey data will be digitally scanned rather than hand tabulated
o Advertising on web sites with "click thru" to Wave Saver tickets web page
o Improving search engine optimization
o "Social Marketing" -- video from park system DVD uploaded to You Tube
o Special promotions to those who opt -in with email address
o Digital asset management of images, maps, etc.
*examples of some of the initiatives will be provided at the Commission meeting
18-1
ITEM #19
DESIGN AND DEVELOPMENT QUARTERLY UPDATE
POWERPOINT PRESENTATION
Chief of Design and Development Joe Figa will give a brief PowerPoint
presentation on projects throughout the Design and Development Section.
19-1
ITEM # 20
EXECUTIVE OFFICER'S REPORT
A. Partnership Policy — Partnerships provide Oakland County Parks the opportunity to share goals, foster
relationships and reach mutually -beneficial outcomes with organizations and businesses. As part of the strategic
plan to maximize the effectiveness of resources, and to generate additional funds, staff has established a
partnership policy. Proposals will be evaluated based on measurements such as level of partner contribution, staff
time, expenses and revenue expectations.
B. Holly Area Schools Property: Closing on the 18.85-acre Holly Area Schools property was final as of
Thursday, May 15.
C. Oak Management Lease: The amended lease rental percentages and subsequent language changes have
passed all of the Oakland County Board of Commissioners committees. It still needs final approval by the full
Board. Once approval is granted and signatures of all parties are affixed, the lease amendment will be
retroactively effective as of January 1, 2008.
D. Parks Tour: Save the date — the annual Parks tour will be Wednesday, August 13, in conjunction with the
Commission meeting that day. Details will be shared as they are confirmed.
E. National Recreation and Park Association Congress: The NRPA Congress is being held in Baltimore,
Maryland from October 14 — 18, 2008. This year the block of rooms is at the Baltimore Marriott Inner Harbor
Hotel. Please let Karen know as soon as possible with your interest/intent to attend.
F. Proposed Legislation: For your information, attached is a copy of the proposed SB 1257 to amend the State
Constitution regarding the Michigan Natural Resources Trust Fund.
G. IT Master Plan: Implementation plans for the proposed Information Technology Master Plan will be presented
as part of the budget process at the July 23 meeting.
H. Catalpa Oaks Master Plan: Park staff have contacted staff from the Oakland County Health Department
regarding the south end Health Division adjacent to Catalpa Oaks. Due to the increased number of clients, the
division is evaluating options to renovate or expand. The Health Division will keep us informed and involved in
their process. The finalized Catalpa Oaks Master Plan will be presented for Commission approval at the July 23
meeting.
I. Purchasing Update: As requested at the May 7 meeting, future quarterly Purchasing updates will be revised to
include an additional column reflecting budgeted amounts, as appropriate.
J. Department Re -organization: Staff has continued to work with Oakland County Human Resources,
Administrative Management Team, and parks staff on the department re -organization, and will present the
proposed plan as part of the budget process.
K. Work Week Task Force: In response to County Executive Patterson's proposal for a 4-day/1 0-hour work
week, a task force has been created in the department to make recommendations on how this proposed schedule
could be accommodated in the Parks. Deadline to receive recommendations from the task force is June 27.
20-1
L. MRPA Executive Director: The Michigan Recreation and Park Association has selected a new executive
director. Please see the attached news release for information on Dennis Schornack, who begins his new
appointment this week.
M. Park Tour: The park tour of Independence Oaks will begin promptly after the Commission meeting on June 4
and will include a short walk. Please be sure to dress casually and be prepared for walking.
N. ITC Vegetative Management Update: ITC Holdings (short for International Transmission Company) owns and
operates all of the high -voltage utility lines in most of Michigan (and more recently in several other states as well).
Beginning this spring, ITC began new vegetative management practices along the corridors it owns, in an effort to
clear and trim vegetation to prevent damage and outages. Many transmission line corridors share their corridors
with our regional trail system. Recent work along the Macomb Orchard Trail corridor in Macomb County
generated a lot of buzz when large portions of the trail corridor were clear cut and brush hogged, leaving trail
users wondering what happened to their beautiful tree -lined corridors. In the coming months, ITCs vegetation
crews will be moving into Oakland County, and working on several corridors that will affect Oakland County's Oak
Routes Trail Network. Due to the concerns generated in Macomb County, ITC will be taking a different approach
with Oakland County communities, providing more education prior to trimming and removal, and will minimize tree
removal until the fall, so that the trails are not left with the same "bare" look as the Macomb Orchard Trail during
prime trail -use season. ITC will be working with each local municipality prior to working in the corridors in an
effort to minimize tree removal and better educate the community about the importance of maintaining these
corridors.
O. BMX National Bicycle League Race: The Waterford National BMX Race was held at the Waterford Oaks
BMX Track over the Memorial Day Weekend. More than 450 riders from upper Midwest participated in the race.
P. Upcoming Events: The following is a listing of some of the upcoming special events in the Parks:
• June 30 — July 2: Camp HZO at the Red Oaks Waterpark; joint venture with Madison Heights, Clawson,
and the Rochester -Avon Recreation Authority
• July 4: Fireworks display at Addison Oaks
• July 5: Fireworks display at Groveland Oaks
• Beginning the week of June 23, with sessions continuing through the summer: Wild Adventures Camp
and Wild Adventures Extreme Day Camps to be held at Independence Oaks
20-2
NAT'L RESOURCES TRUST: BONDS & NOTES S.B. 1257 & S.J.R. M:
> COMMITTEE SUMMARY
12 Sena& fiscal Aymcv i : °y `relaphone: 1,517) 373,i3rJ
A O. Box 30036 SILL ANALYSIS f'�r����}37� ivtt�
t trrt og. lKkhl"n 48909-73fi TOR; f517) 373�i543
Senate Bill 1257 (as introduced 4-17-08)
Senate Joint Resolution M (as introduced 4-17-08)
Sponsor: Senator Randy Richardville (S.B. 1257)
Senator Patricia L. Birkholz (S.J.R. M)
Committee: Natural Resources and Environmental Affairs
Date Completed: 4-30-08
CONTENT
Senate Joint Resolution M would amend
the State Constitution to allow the
Michigan Natural Resources Trust Fund
Board to authorize the issuance of
bonds and notes, payable from the
allowable expenditures of the Trust
Fund; and allow two-thirds, rather than
one-third, of the Trust Fund revenue
collected during a fiscal year (excluding
interest and earnings) to be spent in
subsequent fiscal years.
Senate Bill 1257 would amend Part 19
(Natural Resources Trust Fund) of the
Natural Resources and Environmental
Protection Act to create the Michigan
Natural Resources Trust Fund Authority
and prescribe its powers and duties,
including the issuance of bonds and
notes.
Senate Joint Resolution M would be
submitted to the voters at a special election
held on August 5, 2008.
Senate Bill 1257 is tie -barred to the joint
resolution. The proposals are described
below in further detail.
Senate Bill 1257
The bill would create the Michigan Natural
Resources Trust Fund Authority as a body
corporate within the Department of Natural
Resources (DNR). The Authority would be
administered under the DNR's supervision
but would exercise its prescribed statutory
power, duties, and functions independently
Page 1 of 5
of the Department. The budgeting,
procurement, and related functions of the
Authority would have to be performed under
the Department's direction and supervision.
Authority funds would have to be handled in
the manner and subject to the provisions of
law applicable to State funds or in a manner
specified in an Authority resolution
authorizing the issuance of bonds or notes.
The Authority would be governed by the
Natural Resources Trust Fund Board. Board
members and Authority officers and
employees would be subject to Public Act
317 of 1968 (which governs contracts of
public servants with public entities). A
member of the Board or an officer,
employee, or agent of the Authority would
have to discharge the duties of his or her
position in a nonpartisan manner, with good
faith, and with the degree of diligence, care,
and skill that an ordinarily prudent person
would exercise under similar circumstances
in a like position. In discharging his or her
duties, a Board member or an Authority
officer, employee, or agent, when acting in
good faith, could rely upon the opinion of
counsel for the Authority, upon the report of
an independent appraiser selected with
reasonable care by the Board, or upon
financial statements of the Authority
represented to the Board member or
Authority officer, employee, or agent to be
correct by the officer of the Authority having
charge of its books or account, or stated in a
written report by the Auditory General or a
certified public accountant of the firm of the
sbl257&sjrm/0708
20—F-1
accountants fairly to reflect the Authority's
financial condition.
The Authority could employ legal and
technical experts and other officers, agents,
or employees, permanent or temporary,
paid from Authority funds. The Authority
would have to determine the qualifications,
duties, and compensation of its employees,
but an employee could not be paid a higher
salary than the DNR Director. The Authority
could delegate to one or more members,
officers, agents, or employees any powers or
duties it considered proper.
The Authority would have to contract with
the DNR for the purpose of maintaining and
improving the Authority's rights and
interests.
The Authority annually would have to file a
written report on its activities of the last
year with the Legislature. The report would
have to be submitted within 270 days
following the end of the fiscal year. The
report would have to specify the amount and
source of revenue received, the status of
investments made, and a description of the
projects funded with proceeds of bonds sold
under Part 19.
The Authority's accounts would be subject to
annual audits by the State Auditor General
or a certified public accountant appointed by
the Auditor General. Authority records
would have to be maintained according to
generally accepted auditing principles.
Except as otherwise provided, the Board
could do all things necessary or convenient
to implement the purposes, objectives, and
provisions of Part 19, and the purposes,
objectives, and powers delegated to the
Board by other laws or executive orders.
These would include the power to do the
following:
-- Borrow money and issue negotiable
revenue bonds and notes pursuant to
Part 19.
-- Enter into contracts and other
instruments necessary, incidental, or
convenient to the performance of its
duties and the exercise of its powers.
-- With the prior consent of the DNR, solicit
and accept gifts, grants, loans, and other
aid from any person, or the Federal,
State, or local government or any
agency of the Federal, State, or local
Page 2of5
government, or participate in any other
way in a Federal, State, or local
government program.
-- Invest the Authority's money, at the
Board's discretion, in instruments,
obligations, securities, or property
determined proper by the Board.
-- Contract for goods and services and
engage personnel as necessary and
engage the services of private
consultants, managers, legal counsel,
and auditors for rendering professional
financial assistance and advice payable
out of any money of the Authority,
subject to the restrictions in Part 19.
-- Indemnify and procure insurance
indemnifying Board members from
personal loss or accountability from
liability asserted by a person on bonds or
notes of the Authority, or from any
personal liability or accountability by
reason of the issuance of the bonds or
notes, or by reason of any other action
taken or the failure to act by the
Authority.
The Authority could authorize and issue its
bonds or notes payable solely from the
revenue or funds available to it. Authority
bonds and notes would not be a debt or
liability of the State and would not create or
constitute any indebtedness, liability, or
obligations of the State or constitute a
pledge of the faith and credit of the State.
All Authority bonds and notes would be
payable solely from revenue or funds
pledged or available for their payment as
authorized in Part 19.
All expenses incurred in carrying out Part 19
would have to be payable solely from
revenue or funds provided or to be provided
under Part 19. Part 19 would not authorize
the Authority to incur any indebtedness or
liability on behalf of or payable by the State.
Any revenue or funds available to the
Authority that were not necessary to pay
principal of or interest on any outstanding
bonds or notes or not required to be
deposited in a fund created to secure the
bonds or notes or required to provide for the
funding of any other matters required by a
resolution authorizing the issuance of bonds
or notes would have to be spent for the
purposes of the Trust Fund. Any money
derived from the proceeds of bonds or notes
would have to be spent by the Authority in
sb1257&sjrm/0708
20—F-2
the manner prescribed in Part 19 and the
resolution authorizing the indebtedness.
The Authority could issue from time to time
bonds or notes in principal amounts it
considered necessary to provide funds for
any purpose. The bonds or notes would not
be a general obligation of the Authority but
would be payable solely from the revenue or
funds, or both, pledged to the payment of
the principal of and interest on them as
provided in the authorizing resolution.
The Authority's bonds or notes would have
to be authorized by resolution of the
Authority and bear the date or dates of
issuance. They could be issued as either
tax-exempt or taxable bonds or notes for
Federal income tax purposes.
Bonds or notes could be sold at a public or
private sale at the time, at the price, and at
a discount as the Authority determined.
Bonds and notes of the Authority would not
be subject to the Revised Municipal Finance
Act. A bond or note of the Authority would
not have to be filed under the Uniform
Securities Act.
The issuance of bonds and notes would be
subject to the Agency Financing Reporting
Act.
The Authority could authorize and approve
an insurance contract, an agreement for a
line of credit, a letter of credit, a
commitment to purchase notes or bonds, an
agreement to remarket bonds or notes, and
any other transaction to provide security to
assure timely payment of a bond or note.
The Authority could authorize payment from
the proceeds of the notes or bonds, or other
funds available, of the cost of issuance,
including fees for placement, charges for
insurance, letters of credit, lines of credit,
remarketing agreements, reimbursement
agreements, or purchase or sales
agreements or commitments, or agreements
to provide security to assure timely payment
of notes or bonds.
Neither the members of the Board nor any
person executing bonds or notes issued
under Part 19 or any person executing any
agreement on behalf of the Authority would
be liable personally on the bonds or notes by
reason of their issuance.
Page 3 of 5
The Authority could purchase bonds or notes
out of funds or money available for that
purpose. The Authority could hold, cancel,
or resell Authority bonds or notes subject to
or in accordance with an agreement with
holders of Authority bonds or notes.
Notwithstanding any restriction contained in
any other law, the State and a public officer,
local unit of government, or agency of the
State or a local unit, a bank, trust company,
savings bank and institution, savings and
loan association, investment company, or
other person carrying on a banking
business, an insurance company, insurance
association, or other person carrying on an
insurance business, or an executor,
administrator, guardian, trustee, or other
fiduciary, could legally invest funds
belonging to them or within their control in
bonds or notes, and Authority bonds or
notes would have to be authorized security
for public deposits.
Property of the Authority would be public
property devoted to an essential public and
governmental function and purpose.
Income of the Authority would be considered
to be for a public purpose. The Authority's
property and income and operation would be
exempt from all taxes and special
assessments of the State or a political
subdivision of the State. Bonds or notes
issued by the Authority, and the interest on
and income from them, would be exempt
from all taxation of the State or a political
subdivision.
The bill would require Part 19 to be
construed liberally to effectuate the
legislative intent and purposes as complete
and independent authority for the
performance of each and every act and thing
authorized by Part 19. All powers granted
would have to be broadly interpreted to
effectuate the intent and purposes and not
as a limitation of powers.
The Authority could promulgate rules as
necessary to implement Part 19.
Senate Joint Resolution M
Article IX, Section 35 of the State
Constitution provides for the Michigan
Natural Resources Trust Fund (described
below, under BACKGROUND). The Trust
Fund consists of all bonuses, rentals,
delayed rentals, and royalties collected or
sb1257&sjrm/0708
20—F-3
reserved by the State under provisions of
leases for the extraction of nonrenewable
resources from State-owned land, subject to
certain exceptions. The Trust Fund may
receive appropriations, money, or other
things of value. Trust Fund assets must be
invested as provided by law.
The interest and earnings of the Trust Fund
must be spent for the acquisition of land or
rights in land for recreational uses or
protection of the land because of its
environmental importance or its scenic
beauty, for the development of public
recreation facilities, and for the
administration of the Fund, which may
include payments in lieu of taxes on State-
owned land purchased through the Fund.
Under the joint resolution, the
administration of the Fund also could include
the repayment of bonds and notes.
Currently, until the Trust Fund reaches an
accumulated principal of $500.0 million, the
Legislature may provide, in addition to the
authorized expenditure of interest and
earnings, that up to one-third of the revenue
from bonuses, rentals, delayed rentals, and
royalties the Fund received during each
State fiscal year may be spent during
subsequent fiscal years for the specified
purposes. The joint resolution would
increase this amount to two-thirds of the
revenue from those sources.
(Part 19 of the Natural Resources and
Environmental Protection Act contains the
same requirements for the expenditure of
the interest and earnings of the Trust Fund,
and the expenditure of additional money
received by the Fund. Senate Bill 1257
would make the same changes to these
provisions as proposed by the joint
resolution.)
The joint resolution would allow the Trust
Fund Board to authorize the issuance of
bonds and notes for the specified purposes,
payable from the allowable expenditures of
the Fund.
If approved by two-thirds of the members
elected to and serving in each house of the
Legislature, the joint resolution would have
to be submitted to the voters at a special
election on August 5, 2008.
MCL 324.1901 & 324.1903
Page 4 of 5
BACKGROUND
Under Article IX, Section 35 of the State
Constitution, until the Trust Fund reaches an
accumulated principal of $500.0 million,
$10.0 million of the revenue from bonuses,
rentals, delayed rentals, and royalties
otherwise dedicated to it that are received
by the State each fiscal year must be
deposited into the Michigan State Parks
Endowment Fund. Until then, however, in
any fiscal year, not more than 50% of the
total revenue must be deposited into the
Endowment Fund.
The amount accumulated in the Trust Fund
in any fiscal year may not exceed $500.0
million, exclusive of interest and earnings
and amounts authorized for expenditure.
When the accumulated principal reaches
$500.0 million, all revenue that the Trust
Fund would receive but for the limitation
must be deposited into the Endowment Fund
until the Endowment Fund reaches an
accumulated principal of $800.0 million.
When the Endowment Fund reaches that
accumulated principal, all revenue must be
distributed as provided by law.
At least 25% of the total amounts made
available for expenditure from the Trust
Fund from any fiscal year must be spent for
acquisition of land and rights in land, and at
least 25% must be spent for development of
public recreation facilities.
Article IX, Section 35 requires
the
Legislature to provide by law for
the
establishment of the Trust Fund Board
within the DNR. The Board must
recommend the projects to be funded
by
submitting its recommendations to
the
Governor, who must submit them to
the
Legislature in an appropriations bill.
Legislative Analyst: Julie Cassidy
FISCAL IMPACT
The resolution and the bill would increase
the total amount of annual revenue that
could be spent from the Michigan Natural
Resources Trust Fund (MNRTF) and expand
the purposes for which the Fund may be
used. Average annual revenue to the Fund
is $58.5 million, including interest and
earnings. Currently, the interest and up to
33-1/3% of the revenue from bonuses,
rentals, and royalties may be spent on land
Bill Analysis @ www.senate.michiQan.aov/sfa
sbl257&sjrm/0708
20—F-4
acquisition, recreation development
projects, and administration of the Fund.
From the balance of 66-2/3% of the
revenue, $10.0 million is deposited into the
State Park Endowment Fund. The remainder
of the balance is deposited into the
permanent investment (corpus) of the
MNRTF. In fiscal year (FY) 2006-07, the
total amount deposited into the permanent
investment from the royalty revenue was
$18.7 million.
As of September 30, 2007, the permanent
investment in the MNRTF was $345.3
million. The cap on the permanent
investment is $500.0 million. Depending on
the volume and value of extracted
nonrenewable resources, the cap on the
MNRTF may be reached in the next five to
10 years. At that time, the annual revenue
will be redirected to the State Parks
Endowment Fund and only the interest and
earnings of the MNRTF will be spent.
The resolution and the bill would increase the
amount of the annual revenue that may be
spent from the Fund. Under the proposed
changes, an additional $14.3 million could
have been spent from the MNRTF in FY 2006-
07. The permanent investment of the MNRTF
would continue to grow, but at a slower rate,
taking longer to reach the cap.
The resolution and the bill would authorize
the Michigan Natural Resources Trust Fund
Authority to issue revenue bonds to support
the same purposes that the MNRTF is
currently used for and to use the Fund to
repay the bonds. Any bonds or notes would
not be a general obligation of the State. The
cost to the MNRTF would depend on the
amount of any bond or note, the interest
rate, and term of the bond or note. The
debt payments would be paid from the 66-
2/3% of the revenue that could be spent
under the proposal, not the portion
designated for deposit into the permanent
investment.
The bill also would authorize the Authority to
hire consultants and temporary or
permanent staff to support its operations.
These costs would be considered
administrative and paid by the MRNTF. For
FY 2007-08, $2.8 million is appropriated
from the Fund to pay administrative costs
for staff support and investment activities.
These expenses could increase if the
Page 5 of 5
Authority required legal counsel for the
issuance of debt.
Fiscal Analyst: Jessica Runnels
S0708\sl257sa
This analysis was prepared by nonpartisan Senate staff for
use by the Senate in its deliberations and does not
constitute an official statement of legislative intent.
Bill Analysis @ www.senate.michigan.gov/sfa
sb1257&sjrm/0708
20—F-5
By CHARLES CRUMM
Of The Oakland Press
Oakland County Executive L.
Brooks Patterson says he has at least a
partial solution for county employees
facing rising gasoline prices.
government, as well as busirxesses, ul
Oakland County, wouldfollow suit.
There are about 4,500 county
employees and roughly 700,000 workers
in the entire county.
Emphasizing gas prices at the $4
per gallon level, Patterson cited one
analyst who foresees prices of $12 per
gallon and prolonged gas rationing.
County taxpayers would benefit by
getting longer service hours at county
offices, while.employees would save 20
percent on their fuel costs and get the
morale boost of three-day weekends,
Patterson said.
The offer for the four -day weeks will
be made on a department by depart-
ment basis and the program is com-
pletely voluntary.
"We have a lot to be gained by it,"
Patterson said, acknowledging that
"not everyone can do it" because some
county departments require staffmg
around the clock.
Even if only 800 county employees
participated, it would save $300,000 in
fuel costs at $4 a gallon, he said.
if 100,000 workers countywide went
to a four -day work week, that would
save 20.8 million gallons of gasoline,
Patterson estimated.
"We think that's a significant sav-
ings," Patterson said.
Patterson said he plans to take the
proposal to county commissioners for
approval next week.
Whether other county departments
will go along is another question.
PLEASE SEE WORK WEEK/A-10
0
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rd. estbooh.
mcoonald's cooking
fries in trans -tat -free oil
3
1 about $65 a year ago,
ned against the euro
When the greenback
und, commodities
illose their value as
;ainst inflation.
stronger dollar makes
expensive to investors
CHICAGO (AP) - McDon-
ald's said Thursday its french
fries are now trans -fat -free in
all its restaurants in the United
States and Canada, catching
it up with its fast food rivals
in that category. CEO Jim
Skinner made it official at its
annual shareholders meeting
at McDonald's Corp. headquar-
ters in Oak Brook, M.
McDonald's has lagged other
restaurant operators in switch-
ing over to a zero -trans -fat
cooking oil out of worries it
es in a price runup would compromise the taste
ded nearly $9 to a price of its trademark fries. It has
this week, and almost been under increasing pressure
the
from consumer avocates and
sell to take p ofiast month, ts, some public officials to make
said.
rose $4.19 a barrel on
day alone.
,aris-based International
Agency on Thursday
s worried about whether
enough oil to meet
lmand, and is work-
t review of the world's
;est oil fields that could
a major revision in its
watched forecasts.
market is really struc-
tight ... oil demand is
(wing that fast, but sup-
:onstrained," said Victor
an energy analyst with
i & Gertz in Singapore.
FROM PAGE A-1
Visitation Friday 2-4 ana n-o
p.m.
the change, but it did so quietly.
kinner saidMcDonald's is on
schedule to convert to the new
oil by year's end for its remain-
ing baked items, pies and cook-
ies.
Oakland County Sheriff Mike
Bouchard said he's tested the
idea at a substation but that
there wasn't much interest,
even though 440 shifts are fairly
common in law enforcement.
"I'm always willing to look
at things that give them more
time with their family and give
the law enforcement coverage,"
Bouchard said.
California's gay
marriage opponents
seek 5-month delay
SAN FRANCISCO (AP) — A
conservative legal group is
asking the California Supreme
Court to stay its decision legal-
izing same -sex marriage until
voters get a chance to weigh in.
The Arizona -based Alliance
Defense Fund wants the ruling
stayed until November, when
voters are likely to encounter
a ballot measure would amend
Oakland county Treasurer
Pat Dohany said his depart-
ment works closely with the
county clerk's office and would
have to coordinate 4-40 schedul
ing with them.
"We're minimally staffed
now for five days, 8 hours a
day," Dohany said. "Most of
our people deal with the pub-
lic. We'd certainly like to do
something but our No.1 goal is
service to the public."
Dohany said he'd review it,
as did Oakland County Clerk
Ruth Johnson.
For information on
n In Memoriam ad,
a1f248.745.4500.
the state's constitution to ban
gay marriage. That vote would
overturn the justices' ruling.
Judge denies motions
to delay arraignment
of 9111 suspects______
GUANTANAMO BAY NAVAL
BASE, Cuba (AP) — A military
judge has denied motions to
delay the arraignments of five
Guantanamo detainees suspect-
ed of mounting the Sept.11 ter-
rorist attacks. In his Thursday
ruling, Marine Col.
Ralph Kohlmann says the
military commission finds
the interests of justice in the
complex legal case will be best
served by completion of the
arraignments on June 5.
``I think its a great idea to
help out county employees that
work in departments that can
do it,,, Johnson said. "We'll
definitely look at it see if it will
work for the register of deeds
and clerk's office.
,,We have a lot of customer
contact. Any change we make
has to allow us to give excellent
service to the public," Johnson
said.
Contact staff writer Charles
Crumm at (248) 745-4649 or
charlie.c rumm@oakp ress.com.
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Page 1 of 2
Karen Kohn
From: Stencil, Dan [stencild@oakgov.com]
Sent: Tuesday, May 27, 2008 3:34 PM
To: 'Karen Kohn'
Subject: FW: Dennis Schornack Appointed Executive Director of MRPA
6/4 FOR
-----Original Message -----
From: Michigan Recreation and Park Association[mailto:postmasterl3@303media.net]
Sent: Saturday, May 24, 2008 12:32 PM
To: stencild@oakgov.com
Subject: Dennis Schornack Appointed Executive Director of MRPA
Dennis Schornack Appointed ExecutivDirector of i
r
OKEMOS, MI - May 26, 2008 - The Michigan Recreation and Park
Association (MRPA) announced today the appointment of Dennis L. Schornack as
its executive director. Schornack comes to MRPA with extensive governmental experience. From
2002 to 2007, he served under President, George Bush and the U.S. Senate, as United States
Chairman for the International Joint Commission, U.S. and Canada, a bi-national treaty
organization established to prevent and resolve disputes over international water resources. From
1991 to 2002, he served as senior policy advisor and director of strategic initiatives for Michigan
Governor, John Engler, managing special projects assigned by the governor and his chief of staff
in the! areas of health and the environment. As executive director for MRPA, Schornack will direct
and manage statewide operations for the organization and its six regional groups, and oversee
staff operations at the MRPA headquarters in Okemos, Michigan.
"We are pleased to announce Dennis Schornack as our new executive director and are confident
that he will lead the association to fulfill its potential as the premier resource organization for the
parks and recreation industry in Michigan and beyond." said MRPA President, Kendall
Klingelsmith, CPRP. "We feel fortunate to have Dennison our team."
Inclusion Statement
MRPA invites and welcomes participation in its events by everyone. All MRPA activities and programs are accessible to
and useable by individuals with disabilities. If you require special assistance to an MRPA-sponsored program, please
contact MRPA headquarters at (517) 485-9888.
........................................................................
........................................................................
General Information
MRPA's core mission is to be a member -driven organization committed to providing quality professional development,
advocacy, programs, and services with fiscal integrity and progressive leadership to Michigan's park and recreation
professionals and agencies.
........................................................................
........................................................................
Advertising Information
For information on advertising, call the Communications/Marketing Department of the MRPA at (517) 485-9888, or inquire
by e-mail at info mrpaonline.org.
........................................................................
........................................................................
You are receiving this e-mail as a benefit of your membership with the Michigan Recreation and Park Association. You
are not receiving this message via subscription or electronic list. If you have suggestions for future mailings, please e-mail
Communications/Marketing Services Manager, Robert Robinson at rrobinsonamrpaonline.org. To unsubscribe to this
MRPA member news service, send an email to info mrpaonline.org and please type "remove" in the subject heading.
Copyright 2007 Michigan Recreation and Park Association
20-L-1
5/27/2008
V E G ETAT
10 N
MANAGEMIENT
NOTtCE
Arw
d UJIM-11,11-41 11SM0 HE
t f
Trees and high voltage power lines are a hazardous combination. Trees The Blackouo2003
that come into contact with transmission lines can cause serious system Outages and blackouts are
outages and pose a significant safety threat to residents and the public. inconvenient, costly and potentially
Even when there is no direct contact, electricity can arc from transmission dangerous. The Blackout of 2003 left
lines to nearby tree branches, posing personal safety and fire issues. 50 million people in the Northeast,
ITC Holdings Corp., through its subsidiaries ITCTransmission and Michigan Midwest and Canada without power
Electric Transmission Company, LLC. (METC), owns, operates and for days. Hospitals, nursing homes,
maintains more than 8,100 miles of high voltage transmission lines in police and fire departments and
Michigan's Lower Peninsula. ITC is federally required to maintain its utility schools were just a few of the critical
corridors to prevent all vegetation related electrical outages. services heavily impacted by the
Blackout. The underlying cause of the
In recent weeks, ITC has been trimming and removing trees in many Blackout, tree contact with power
Macomb County communities. Beginning May 26, the company will focus lines in northern Ohio, is well
on work in Shelby Township. Where permissible, the following will occur: documented. ITC is responsible for
• In areas directly under the transmission line or 10 feet outside of the protecting communities and residents
line, trees will be removed. from Outages and safety threats like
the Blackout of 2003.
• Outside of this area, trees that threaten safety or reliability will be
targeted for removal.
• If ITC lacks tree removal rights or permission for removal is not
obtained, trees will be pruned to the extent easements permit.
Affected property owners will receive further communication from
the company.
If you have questions about ITC's vegetation management practices,
please call 1-877-ITC-ITC9 (1-877-482-4829).
To learn more about ITC, please visit www.itc-holdings.com
27175 Energy Way - Novi, MI 48377
7 f)-NT- 1