HomeMy WebLinkAboutAgendas/Packets - 2009.02.11 - 401662800Watkins Lake Road . Bldg 97W -Waterford, MI 48328-1917
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FZR
COUNTY
February 6, 2009
Oakland County Parks
and Recreation Commission
Oakland County, Michigan
Commissioners:
A meeting has been called of the Parks and Recreation Commission as follows:
PLACE ............................. Administration Office
2800 Watkins Lake Road
Waterford, MI 48328
TIME .............................. Wednesday, February 11, 2009
9:00 a.m.
PURPOSE .......................... Public Hearing/ 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
Pecky D. Lewis, Jr.
Chairman
Richard Skarritt
Vice Chairman
J. David VanderVeen
Secretary Next Meeting: )A'ednesday, March 4, 2009
Tim Burns
Gregory C. Jamian
Robert Kostin
Christine Long
John P. McCulloch
Charles Palmer
Scott
� .niel J. Stencil
Executive Officer
D:\$Data\My documents\COA4NIISSION\agendaitr.duc
0 ur mission is to provide recreational, leisure and learning experiences that enhance quality of life.
Oakland County Park," d Recreation Commission
2800 Watk,a.ts Lake Road
Waterford, MI 48328
February 11, 2009
Agenda
PUBLIC HEARING: 2009 Michigan Natural Resources Trust Fund
J. Noyes/ 248.858.4624
Development Grant
Action Required
Presenter/Phone #
I.
Call Meeting to Order 9:00 a.m.
P. Lewis / 248.646.5917
Pledge of Allegiance
2.
Roll Call
3.
Public Comments
4a.
Public Hearing Minutes for January 14, 2009
4.
Commission Meeting Minutes for January 14, 2009
Approval
S. Kici/ 248.858.4603
5.
Internal Service Funds Voucher Register
Approval
S. Cox/ 248.858.4612
6.
Combined Statement of Operations FM 3, FY 2009 for month ending 12/31/08
Approval
S. Cox
7.
Capital Improvement Program (C.I.P) Budget Report FM3, FY2009 as of 12/31/08
Approval
S. Cox
8.
Activity Report January, FM 04, FY 2009
Approval
S. Wells/ 248.858.4634
9.
Introduction: Stephanie Mackey, Business Development Representative
D. Stencil/ 248.858.4944
10.
Lyon Oaks Business Plan Presentation
Informational
Leon Younger, Pros Consulting, LLC
11.
Quarterly Reports: Strategic Plan
Informational
P. Castonia/ 248.858.0909
Information Technology
Informational
D. Siegel, IT/248.858.1893
12.
OC Conservation District Office Space Lease/ Resolution
Approval
J. Hall, Corp Counsel/248.858.0555
13.
OC 4-H Fair Association Office Space Lease/Resolution
Approval
J. Hall
14.
OC 4-H Fair Association Cooperative Agreement
Approval
J. Dunleavy
15.
Residential Properties Lease/Resolution
Approval
J. Dunleavy/248.858.4647
16.
Right of First Refusal Agreement/Resolution
Approval
J. Hall
17.
Springfield Oaks L.U.S.T. Remediation Bids
Approval
J. Hall
18.
2009 Michigan Natural Resources Trust Fund Development Grant Resolution
Approval
M. Donnellon/ 248.858.4623
Continued
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OAKLAND COUNTY PARKS AND RECREATION COMMISSION
PUBLIC HEARING - MICHIGAN NATURAL RESOURCES TRUST FUND APPLICATION
January 14, 2009
Chairman Lewis called the public hearing to order at 9:10 a.m. in the commission room of Parks
and Recreation's administration office.
Mr. Joe Colaianne attended the meeting as Mr. McCulloch's representative.
COMMISSION MEMBERS PRESENT:
Chairman Pecky D. Lewis, Jr., Vice Chairman Richard Skarritt, Secretary J. David VanderVeen,
Tim Burns, Joe Colaianne, Gregory Jamian, Christine Long, Charles Palmer, John Scott
COMMISSION MEMBERS ABSENT:
Robert Kostin
ALSO PRESENT:
Parks and Recreation
Oakland County Facilities Management
Oakland County Planning
Daniel Stencil, Executive Officer
Sue Wells, Manager-P & R Operations
Mike Donnellon, Chief, Parks Fac. Maint. Oper.
Sheila Cox, Capital Improvement Coordinator
Desiree Stanfield, Supv. - Communications
Karen Kohn, Supv. - P & R Admin. Services
Jon Noyes, Supv. - P & R Planning
Phil Castonia, P & R Business Dev. Rep.
Mike Hughson, Property Management Specialist
Mike Zak, Photographer
The Michigan Department of Natural Resources has notified staff that the deadline to submit
applications to request matching Michigan Natural Resources Trust and Land funds for 2009 is
April 1. A public hearing is also a requirement of the DNR to qualify for funds.
The development project staff selected is as follows:
Natural Areas Accessibility Program
Highland Oaks, Lyon Oaks and Rose Oaks County Parks
Project Description:
This project encompasses construction of a series of boardwalks, fishing piers, boat launches and
wildlife viewing platforms to promote recreational access to significant natural areas at Highland
Oaks, Lyon Oaks and Rose Oaks County Parks.
4A-Y
The project will include 1,600 feet of boardwalk, 200 feet of floating piers, and three wildlife
viewing platforms to promote current recreational initiatives including trail comzectivity,
educational outreach, universal accessibility, wildlife -based recreation, and water recreation
access.
The preliminary project total is $500,000, with a 44/56 grant match in the amount of $220,000
from the MNRTF and $280,000 from Oakland County Parks and Recreation.
This grant project is consistent with the goals and objectives of the 2007 Oakland County Parks
and Recreation Master Plan. The amenities created through the project will address recreational
needs identified in county -wide interest surveys, providing increased opportunities for fishing,
wildlife viewing, educational programming, and trail use in underutilized areas within the county
parks system.
No questions were asked, nor comments received by the public.
The public hearing adjourned at 9:16 a.m.
J. David VanderVeen, Secretary Suzanne L. Kici, Recording Secretary
4A-2
OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING
January 14, 2009
Chairman Lewis called the meeting to order at 9:21 a.m. in the commission room of Parks and
Recreation's administration office.
Mr. Joe Colaianne attended the meeting as Mr. McCulloch's representative.
COMMISSION MEMBERS PRESENT:
Chairman Pecky D. Lewis, Jr., Vice Chairman Richard Skarritt, Secretary J. David VanderVeen,
Tim Burns, Joe Colaianne, Gregory Jamian, Christine Long, Charles Palmer, John Scott
COMMISSION MEMBERS ABSENT:
Robert Kostin
ALSO PRESENT:
Parks and Recreation
Oakland County Facilities Management
PUBLIC COMMENTS:
No public comments were made.
APPROVAL OF MINUTES:
Daniel Stencil, Executive Officer
Sue Wells, Manager-P & R Operations
Mike Donnellon, Chief, Parks Fac. Maint. Oper.
Sheila Cox, Capital Improvement Coordinator
Desiree Stanfield, Supv. - Communications
Karen Kohn, Supv. — P & R Admin. Services
Jon Noyes, Supv. — P & R Planning
Phil Castonia, P & R Business Dev. Rep.
Mike Hughson, Property Management Specialist
Moved by Mr. Jamian, supported by Mr. Skarritt to approve the minutes of the Catalpa
Oaks Public Hearing meeting of December 10, 2008 as written.
AYES: Burns, Colaianne, Jamian, Lewis, Long, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
Moved by Mr. Colaianne, supported by Mr. Skarritt to approve the minutes of the
meeting on December 10, 2008 with the following change:
!�I
(Commission Meeting, January 14, 2009)
Page 4-3 under Springfield Oaks L.U.S.T. Site Remediation Project, change the motion to read:
Moved by Mr. VanderVeen, supported by Mr. Jamian to approve the $14,000 increase
to the reimbursement program; and the expenditure in the amount of $167,300, for the
identification of the remediation project scope which includes the necessary remediation
of the leaking underground storage tank at Springfield Oaks Golf Course maintenance
facility; thereby increasing Springfield Oaks Golf Course Contributions Operating
Revenue by $43,207; increasing Springfield Oaks Golf Course Grounds
Maintenance Expense by $141,717; and decreasing contingency by $98,510.
AYES: Burns, Colaianne, Jamian, Lewis, Long, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
PAYMENT APPROVAL:
Moved by Mr. Palmer, supported by Mr. VanderVeen to approve payments for the
Internal Service and Department Funds Payment Register for November 2008 (FM 02,
FY 2009), and the Payment Register for the voucher period of November 2008 (FM 02,
FY 2009).
AYES: Burns, Colaianne, Jamian, Lewis, Long, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
COMBINED STATEMENT OF OPERATIONS:
Moved by Mr. Palmer, supported by Mr. Jamian to accept the Combined Statement of
Operations for the month ending November 30, 2008 (FM 02, FY 2009).
AYES: Burns, Colaianne, Jamian, Lewis, Long, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
ACTIVITY REPORT:
Sue Wells, Manager of Parks and Recreation Operations, discussed the change in how rounds of
golf will be counted. Beginning this fiscal year, all rounds of golf will be considered 18 holes
for tabulating purposes.
4-2
(Commission Meeting, January 14, 2009)
The activity report for December, 2008 (FM 03, FY 2009) was accepted.
ELECTION OF OFFICERS:
Chairman Lewis requested Commissioner Palmer assume the position of Temporary Chairman
for the purpose of electing new officers for 2009.
Commissioner Palmer assumed the Chair and opened the floor to nominations.
Moved by Mr. Jamian, supported by Mrs. Long to nominate Pecky D. Lewis, Jr.
as Chairman of the Oakland County Parks and Recreation Commission for 2009,
Richard Skarritt as Vice Chairman of the Oakland County Parks and Recreation
Commission for 2009, and J. David VanderVeen as Secretary of the Oakland
County Parks and Recreation Commission for 2009, and to close the ballot for
nominations.
AYES: Burns, Colaianne, Jamian, Lewis, Long, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
Chairman Lewis re -assumed the Chair and thanked the commissioners for their continued
support.
MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT GRANT:
Moved by Mr. Palmer, supported by Mr. VanderVeen to adopt the following resolution to
apply for the Michigan Natural Resources Trust Fund Development Grant:
WHEREAS, the Oakland County Parks and Recreation Commission has
been notified by the Department of Natural Resources that application for cost
sharing grants from the Michigan Natural Resources Trust Fund may be
submitted by April 1, 2009; and
WHEREAS, the Oakland County Parks and Recreation Commission has
identified and established priorities for acquisitions and improvements within the
adopted Recreation Master Plan; and
WHEREAS, the Oakland County Parks and Recreation Commission
recommends the filing of the following application to the Department of Natural
Resources for matching grant:
NATURAL AREAS ACCESSIBILITY PROGRAM
4-3
(Commission Meeting, January 14, 2009)
NOW THEREFORE BE IT RESOLVED THAT THE Oakland County
Parks and Recreation Commission recommends submission of the above -said
grant application with the appropriate matching fiends to be designated from the
one -quarter mil for parks.
AYES: Burns, Colaianne, Jamian, Lewis, Long, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
RIGHT OF FIRST REFUSAL AGREEMENT:
After review of the agreement, Commission instructed staff to further investigate the use of this
agreement, and the authorization required from the Board of Commissioners to utilize this
agreement. Mr. Colaianne offered to meet with staff, Mike Hughson and Corporation Counsel to
discuss the legal requirements regarding this document. Staff will report their findings at the
next meeting.
PLANNING CIP AND PURCHASING QUARTERLY REPORTS:
Jon Noyes, Supervisor of Planning, Mike Donnellon, Chief of Parks Facilities, Operations and
Maintenance, and Joan Daniels, Buyer II from Purchasing provided quarterly updates to the
commission.
WATERFORD OAKS PARCEL SPLIT REQUESURESOLUTION:
Moved by Mr. VanderVeen, supported by Mr. Palmer to adopt the following resolution
supporting the combination and splitting of said parcels of land into one parcel of land:
WHEREAS, the County of Oakland is the owner of Waterford Oaks
County Park located in Waterford Township; and
WHEREAS, staff is currently working on the Master Plan Revision for
Waterford Oaks County Park; and
WHEREAS, Oakland County Parks and Recreation has recently acquired
several parcels of land adjacent to Waterford Oaks County Park; and
WHEREAS, with the additional properties the land described as
Waterford Oaks County Park contains 17 separately described and registered
parcels comprising 177.599 acres of land; and
WHEREAS, the Oakland County Parks and Recreation - Administration
complex is located on a parcel of land that is shared with the Oakland County
Children's Village complex; and
(Commission Meeting, January 14, 2009)
WHEREAS, combination of these parcels and splitting of the parcel of
land where the Oakland County Parks and Recreation — Administration complex
is located, will assist in the effective management of this land for the protection of
natural resources, potential development or renovation of this land; and
WHEREAS, this effort is consistent with the Strategic Plan Objective 2.1,
in the development of an asset management plan for Oakland County Parks and
Recreation.
NOW THEREFORE BE IT RESOLVED the Oakland County Parks and
Recreation Commission hereby requests the Oakland County Board of
Commissioners authorize and approve the combination and splitting of said
parcels of land into one parcel of land, contingent upon the approval of said
combination and splitting of the parcels of land by Oakland County Corporation
Counsel.
BE IT FURTHER RESOLVED the Oakland County Parks and Recreation
Commission hereby requests the Oakland County Board of Commissioners direct
its Chairperson or designee to execute said combination and splitting of said
parcels of land.
AYES: Burns, Colaianne, Jamian, Lewis, Long, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
OAKLAND COUNTY PARKS AND RECREATION COMMISSION 2009 MASTER
CALENDAR:
Moved by Mr. Jamian, supported by Mrs. Long to approve the 2009 Master Calendar as
proposed.
AYES: Burns, Colaianne, Jamian, Lewis, Long, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
EXECUTIVE OFFICER'S REPORT:
In addition to the Executive Officer's report filed in the agenda, the following was also noted:
--Springfield Oaks — Verizon antenna is expected to be installed in March or April. The initial
payment of $27,500 will be due at that time, with an additional $500 for administrative costs.
--Commission directed staff to request the new county treasurer attend a commission meeting to
report on our investments and how they are being handled, after he takes office in July.
HE
(Commission Meeting, January 14, 2009)
OLD BUSINESS:
There was no old business.
NEW BUSINESS:
There was no new business.
CLOSED SESSION:
Moved by Mr. Jamian, supported by Mr. VanderVeen to adjourn to Closed Session for
the purpose of discussing proposed land acquisitions.
ROLL CALL VOTE:
AYES: Burns, Colaianne, Jamian, Lewis, Long, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
A sufficient majority having voted, the motion carried.
The Chair declared the meeting closed at 10:37 a.m. The meeting resumed in open session at
11:10 a.m.
PROPERTY ACQUISITION:
Moved by Mr. Palmer, supported by Mr. Jamian to authorize staff to proceed according
to the discussion in the Closed Session.
AYES: Burns, Colaianne, Jamian, Lewis, Long, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
Meeting adjourned at 11:11 a.m. The next meeting is scheduled for 9 a.m. on Wednesday,
February 11, 2009.
J. David VanderVeen, Secretary Suzanne L. Kici, Recording Secretary
99
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
PAYMENT APPROVAL SUMMARY
FOR MEETING OF:
February 11, 2009
*INTERNAL SERVICE & DEPARTMENT FUNDS PAYMENT REGISTER:
December (FM3, 2009) $857,944.81
*OAK MANAGEMENT, INC., CREDIT FOR SERVICES RENDERED REGISTER:
October, November & December (FM1, 2 & 3, 2009) 1,117.50
*PAYMENT REGISTER:
Voucher Report Period, December (FM 3, 2009) 2,042,108.22
TOTAL
$2,901,170.53
*BACKUP INFORMATION IS AVAILABLE FOR REVIEW.
5-1
Oakland County Parks and Recreation Commission
Oak Management, Inc.
Credit for Services Rendered Register
Oct., Nov. & Dec., 2008
Source
Park/Budget Center
Purpose
Amount
JE61410
Lyon Oaks Golf Course
Window Washing, 10/9/08
$ 182.50
JE62220
Lyon Oaks Golf Course
Window Washing, 11/6/08
182.50
JE63415
Lyon Oaks Golf Course
Window Washing, 12/4/08
182.50
JE63657
Lyon Oaks Golf Course
Septic Tank Pumping, 12/17/08
200.00
JE63805
Springfield Oaks Golf Course
Junior Golf Tournament, 6/24/08
370.00
$ 1,117.50
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
COMBINED STATEMENT OF OPERATIONS
FM 3 FY 2009
(FOR MONTH ENDING 12/31/08)
2009
YEAR TO
(OVER),
% OF
REVENUE
BUDGET
DATE
UNDER BUDGET
BUDGET
ADMINISTRATIVE SERVICES: Millage Tax
$15,031,000.00
$1,400,761.45
$13,630,238.55
9.3%
Other
309,300.00
55,534.94
253,765.06
18.0%
GLEN OAKS GOLF COURSE
1,083,600.00
47,996.53
1,035,603.47
4.4%
LYON OAKS GOLF COURSE
1,234,500.00
88,968.42
1,145,531.58
7.2%
RED OAKS GOLF COURSE
55,960.00
24,073.35
31,886.65
43.0%
SPRINGFIELD OAKS GOLF COURSE
811,260.00
44,487.43
766,772.57
5.5%
WHITE LAKE OAKS GOLF COURSE
923,250.00
41,355.02
881,894.98
4.5%
INDEPENDENCE OAKS NATURE CENTER
42,400.00
5,721.61
36,678.39
13.5%
ADDISON OAKS
418,890.00
52,854.12
366,035,88
12.6%
ADDISON OAKS CONFERENCE CENTER
135,000.00
0.00
135,000.00
0.0%
GROVELAND OAKS
697,400.00
976.71
696,423.29
0.1%
HIGHLAND OAKS
1,700.00
34.00
1,666.00
0.0%
INDEPENDENCE OAKS
328,100.00
21,203.77
306,896.23
6.5%
LYON OAKS
70,000.00
12,022.00
57,978.00
17.2%
ORION OAKS
106,000.00
9,194.38
96,805.62
8.7%
ROSE OAKS
1,700.00
0.00
1,700.00
0.0%
SPRINGFIELD OAKS ACTIVITY CENTER/PARK
17,100.00
671.00
16,429.00
3.9%
WATERFORD OAKS ACTIVITY CENTER/PARK
42,744.00
12,923.75
29,820.25
30.2%
RECREATION PROGRAMS & SERVICES
27,400.00
1,911.00
25,489.00
7.0%
CATALPA OAKS
6,000.00
0.00
6,000.00
0.0%
MOBILE RECREATION & SPECIAL EVENTS
349,150.00
48,412.50
300,737.50
13.9%
RED OAKS WATERPARK
839,500.00
0.00
839,500.00
0.0%
WATERFORD OAKS BMX COMPLEX
17,500.00
0.00
17,500.00
0.0%
WATERFORD OAKS TOBOGGAN COMPLEX
121,400.00
2,560.26
118,839.74
2.1%
WATERFORD OAKS WATERPARK
815,600.00
0.00
815,600.00
0.0%
TOTAL REVENUE
$23,486,454.00
$1,871,662.24
21,614,791.76
8.0%
OPERATING EXPENSES
ADMINISTRATIVE SERVICES
$4,427,572.00
$743,374.61
$3,684,197.39
16.8%
FISCAL SERVICES ADMINISTRATION
0.00
16,338.30
(16,338.30)
NA
FISCAL SERVICES PARKS & REC
377,445.00
38,706.94
338,738.06
NA
GLEN OAKS GOLF COURSE
1,214,130.00
247,928.60
966,201.40
20.4%
LYON OAKS GOLF COURSE
2,143,137.00
464,427.25
1,678,709.75
21.7%
RED OAKS GOLF COURSE
551,394.00
130,816.20
420,577.80
23.7%
SPRINGFIELD OAKS GOLF COURSE
787,751.00
163,192.65
624,558.35
20.7%
WHITE LAKE OAKS GOLF COURSE
1,030,715.00
213,939.27
816,775.73
20.8%
INDEPENDENCE OAKS NATURE CENTER
431,896.00
89,745.66
342,150.34
20.8%
ADDISON OAKS
1,524,892.00
240,150.98
1,284,741.02
15.7%
ADDISON OAKS CONFERENCE CENTER
326,593.00
25,906.29
300,686.71
7.9%
GROVELAND OAKS
1,753,361.00
162,718.84
1,590,642.16
9.3%
HIGHLAND OAKS
71,312.00
4,185.16
67,126.84
5.9%
INDEPENDENCE OAKS
1,280,845.00
211,949.69
1,068,895.31
16.5%
LYON OAKS
428,379.00
71,667.06
356,711.94
16.7%
ORION OAKS
165,835.00
24,143.79
141,691.21
14.6%
ROSE OAKS
55,111.00
4,661.14
50,449.86
8.5%
SPRINGFIELD OAKS ACTIVITY CENTER/PARK
397,735.00
66,252.90
331,482.10
16.7%
WATERFORD OAKS ACTIVITY CENTER/PARK
615,484.00
108,758.95
506,725.05
17.7%
RECREATION PROGRAMS & SERVICES
608,957.00
132,570.04
476,386.96
21.8%
CATALPA OAKS
68,328.00
1,449.71
66,878.29
2.1%
MOBILE RECREATION & SPECIAL EVENTS
629,401.00
112,736.40
516,664.60
17.9%
RED OAKS WATERPARK
1,609,381.00
162,088.12
1,447,292.88
10.1%
WATERFORD OAKS BMX COMPLEX
45,085.00
3,556.89
41,528.11
7.9%
WATERFORD OAKS TOBOGGAN COMPLEX
343,003.00
88,798.62
254,204.38
25.9%
WATERFORD OAKS WATERPARK
1,160,579.00
116,416.86
1,044,162.14
10.0%
FACILITIES & MAINTENANCE
1,610,606.00
290,133.03
1,320,472.97
18.0%
CONTINGENCY/INTERNAL SERVICE CHARGES*
900,000.00
171,622.20
728,377.80
N/A
$24,558,927.00
$4,108,236.15
20,450,690.85
16.7%
REVENUE OVER/(UNDER) EXPENSES
($1,072,473.00)
($2,236,573.91)
$1,164,100.91
2009
2008
ACTUAL REVENUE TO DATE:
8,0%
10.9%
BUDGET BALANCE:
92.0%
89.1%
ACTUAL EXPENSE TO DATE:
16.7%
18.5%
BUDGET BALANCE:
83.3%
81 5%
*CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT.
(Page 1 of 3) 6-1
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
COMBINED STATEMENT OF OPERATIONS
FM 3, FY 2009
(FOR MONTH ENDING 12/31/08)
CONTINGENCY: BUDGET AMENDMENTS
CONTINGENCY: PENDING
$141,717 to Springfield Oaks Golf Course MDEQ-RPFR Program (OCPRC-Dec.)
OTHER: BUDGET AMENDMENTS
Salaries & Fringe Benefits Adjustments between budget units because of department reorganization (OCPRC-Oct./Posted Nov.)
OTHER: PENDING
$43,207 Prevenue and Expense increase for Springfield Oaks Golf Course MDEQ Refined Petroleum Fund Reimbursement
Program (OCPRC-Dec.)
(Page 2 of 3) 6-2
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
COMBINED STATEMENT OF OPERATIONS
REVENUE AND EXPENSE COMPARISON
FM 3, FY 2009
(FOR MONTH ENDING 12/31/08)
PARK
ADMINISTRATIVE SERVICES:
ADMINISTRATIVE SERVICES
FISCAL SERVICES ADMINISTRATION
FISCAL SERVICES PARKS & REC
ADMINISTRATIVE SERVICES SUB -TOTAL
GOLF:
GLEN OAKS GOLF COURSE
LYON OAKS GOLF COURSE
RED OAKS GOLF COURSE
SPRINGFIELD OAKS GOLF COURSE
WHITE LAKE OAKS GOLF COURSE
GOLF SUB -TOTAL
NATURE:
INDEPENDENCE OAKS NATURE CENTER
NATURE SUB -TOTAL
PARKS:
ADDISON OAKS
ADDISON OAKS CONFERENCE CENTER
GROVELAND OAKS
HIGHLAND OAKS
INDEPENDENCE OAKS
LYON OAKS
ORION OAKS
ROSE OAKS
SPRINGFIELD OAKS ACTIVITY CENTER/PARK
WATERFORD OAKS ACTIVITY CENTER/PARK
PARKS SUB -TOTAL
RECREATION:
RECREATION PROGRAMS & SERVICES
CATALPA OAKS
MOBILE RECREATION & SPECIAL EVENTS
RED OAKS WATERPARK
WATERFORD OAKS BMX COMPLEX
WATERFORD OAKS TOBOGGAN COMPLEX
WATERFORD OAKS WATERPARK
RECREATION SUB -TOTAL
FACILITIES & MAINTENANCE:
FACILITIES & MAINTENANCE
FACILITIES & MAINTENANCE SUB -TOTAL
CONTINGENCY/INTERNAL SERVICE CHARGES*
TOTAL
YEAR TO DATE
REVENUE
$1,456,296.39
0.00
YEAR TO DATE
EXPENSE
$743,374.61
16,338.30
0.00 38,706.94
1,456,296.39 798,419.85
47,996.53
88,968.42
24,073.35
44,487.43
41,355.02
246,880.75
247,928.60
464,427.25
130,816.20
163,192.65
213,939.27
1,220,303.97
REVENUE OVER
(UNDER) EXP.
$712,921.78
(16,338.30)
(38,706.94)
657,876.54
(199,932.07)
(375,458.83)
(106,742.85)
(118,705.22)
(172,584.25)
(973,423.22)
5,721.61 89,745.66 (84,024.05)
5,721.61 89,745.66 (84,024.05)
52,854.12
0.00
976.71
34.00
21,203.77
12,022.00
9,194.38
0.00
671.00
12,923.75
109,879.73
1,911.00
0.00
48,412.50
0.00
0.00
2,560.26
0.00
52,883.76
240,150.98
25,906.29
162,718.84
4,185.16
211,949.69
71,667.06
24,143.79
4,661.14
66,252.90
108,758.95
920,394.80
132,570.04
1,449.71
112,736.40
162,088.12
3,556.89
88,798.62
116,416.86
617,616.64
(187,296.86)
(25,906.29)
(161,742.13)
(4,151.16)
(190,745.92)
(59,645.06)
(14,949.41)
(4,661.14)
(65,581.90)
(95,835.20)
(810,515.07)
(130,659.04)
(1,449.71)
(64,323.90)
(162,088.12)
(3,556.89)
(86,238.36)
(116,416.86)
(564,732.88)
0.00 290,133.03 (290,133.03)
0.00 290,133.03 (290,133.03)
0.00
$1,871,662.24
171,622.20
$4,108,236.15
*CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT.
(171,622.20)
($2,236,573.91)
(Page 3 of 3) 6-3
Oakland County Parks and Recreation Commission
Capital Improvement Program (C.I.P.) Budget Report
FM 3,FY2009
As of 12/31/08
Summary Total for All Parks/Facilities
Contract(s)
Estimated 2008 2009 Net New Estimated Amount Contract(s) Awd., Pre & Enc. Project
Park/Facij Proiect Cost Adiustment Adjustment Adjustment Proiect Cost Paid Retainer Balance " Balance
Future Acquisition & Imp.
8,356,000.00
0.00
0.00
0.00
8,356,000.00
0.00
0.00
0.00
8,356,000.00
Addison Oaks (A)
2,145,000.00
0.00
(25,000.00)
(25,000.00)
2,120,000.00
(18.80)
0.00
0.00
2,119,981.20
Catalpa Oaks
805,000.00
0.00
0.00
0.00
805,000.00
(9,992.50)
0.00
0.00
795,007.50
Glen Oaks
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Groveland Oaks
180,000.00
0.00
0.00
0.00
180,000.00
0.00
0.00
0.00
180,000.00
Highland Oaks
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Independence Oaks (B)
4,670,000.00
0.00
0.00
0.00
4,670,000.00
(16,878.96)
0.00
0.00
4,653,121.04
Lyon Oaks
466,000.00
0.00
0.00
0.00
466,000.00
(44,907.97)
0.00
0.00
421,092.03
Orion Oaks
85,000.00
0.00
0.00
0.00
85,000.00
(15,557.11)
0.00
0.00
69,442.89
Red Oaks
887,000.00
0.00
(26,000.00)
(26,000.00)
861,000.00
(263,907.51)
0.00
0.00
597,092.49
Rose Oaks
613,256.00
0.00
0.00
0.00
613,256.00
(193,756.00)
0.00
0.00
419,500.00
Springfield Oaks (C)
1,401,000.00
0.00
(26,000.00)
(26,000.00)
1,375,000.00
(93,480.38)
0.00
0.00
1,281,519.62
Waterford Oaks (D)
3,785,000.00
170,226.00
(23,988.90)
146,237.10
3,931,237.10
(1,520,769.31)
0.00
0.00
2,410,467.79
White Lake Oaks
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Contingency
1,213,764.02
(170,226.00)
100,988.90
(69,237.10)
1,144,526.92
0.00
0.00
0.00
1,144,526.92
Capital Improvement Projects Grand Total
$24,607,020.02
$0.00
$0.00
$0.00
$24,607,020.02
($2,159,268.54)
$0.00
$0.00
$22,447,751.48
(A) State Grant $844,800
(B) State Grant $1,900,000
(C) O.C. Fair Board Donations $126,000
(D) State Grants $440,000
Grand Total of (possible) grants and donations included in Estimated Project Cost = $3,310,800
Dollar Column Explanation:
Estimated Proiect Cost is the sum of the current year's Budget columns "Project Cost Estimate" figure, the "Adjusted to Project Cost" figure, and the "Proposed New Projects" figure for the projects still open
(any "Project Balance" funds for projects closed to fixed assets at the end of the prior fiscal year have been added to the contingency).
2008 Adiustment is the net of any adjustments made from/to contingency and individual projects in June - September of the prior fiscal year (the current fiscal year's perpetual budget started with figures
as of 5131).
2009 Adiustment is the net of any adjustments made from/to contingency and individual projects during the current fiscal year.
Net Adjustment is the sum of "2008 Adjustment" and "2009 Adjustment" figures.
New Estimated Project Cost is the sum of "Estimated Project Cost", "2008 Adjustment" and "2009 Adjustment" (or "Net Adjustment") figures.
Amount Paid is the cost of the project expensed as of the report date. This amount includes the "Contract(s) Retainer" dollars.
Contract(s) Retainer is the amount of retainage withheld from a contract payment and may be in an interest bearing account set-up via the O.C. Treasurer's office. The amount is not part of the "Project Balance"
calculation because it is already included in the "Amount Paid" figure.
Contract(s) Awd., Pre & Enc. Balance is the sum of the Pre -encumbered and Encumbered dollars for the contracts that have been awarded and for outstanding Requisitions and Purchase Orders.
Project Balance is the amount of available dollars remaining on a project that have not been paid or encumbered.
'" Pre -Encumbered & Encumbered charges are N/A at this time, figures are based on large contracts.
ITEM #9
STAFF INTRODUCTION
The newest addition to our staff comes to us from Oakland County Human
Resources. Stephanie Mackey joined our department on February 2, 2009 as a Business -
Development Representative for Business Management in the Organizational and
Business Development unit.
9-1
ACTIVITY REPORT
JANUARY, 2009(FM04, FY2009)
* 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
Day Use
Dog Park
ORION OAKS
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
0,;IAKLAND
PARTICIPANTS (MONTH) PARTICIPANTS (YTD)
04, FY2008 M04, FY2009 FY20081 FY2009
0 0 6,968 6,292
144 274 4,163 2,686
0 0 0 0
1,2661 1,067 12,484 11,780
624 635 924 12,349
0 0 0 0
0 0 0 0
0 0 0 0
240 390 240 1,389
14,919 15,303 47,338 49,765
0 0 263 0
0 0 7561 9
63 601 3,095 3,010
2,038 1,9481 19,420 18,805
2,125 1,250 7,698 7,756
5,5521 4,7111 20,949 17,363
629 628 2,183 1,904
420 250 1,985 1,310
0 0 0 0
1,501 1,506 11,506 10,545
298 363 2,530 2,142
100 10 660 802
396 440 2,450 2,944
0 0 6,968 6,292
19,560 19,230 70,076 83,113
0 0 263 0
0 0 756 9
7,590 6,659 40,369 36,168
08-09 ACTIVITY REPORT.As, JAN09
1 of 4
8-1
ACTIVITY REPORT 0:7JAKLAND
JANUARY, 2009(FM04, FY2009) ;
i
TOTAL 4-H FAIR
0
0
0
0
TOTAL ACTIVITY CENTER -NON BANQUET
GOLF COURSES
* Not included in program totals - only in combined totals.
298 3631
PARTICIPANTS (MONTH)
2,530 2,142
PARTICIPANTS (YTD)
In-house events are counted in facility totals.
M04,FY2008
VM04,FY20091
FY2008
FY2009
GLEN OAKS
Rounds Played - 9 Holes
0
0
1,887
1,673
Rounds Played - 18 Holes
0
0
920
860
*Banquet Facilities
1,087
1,253
14,767
13,965
**Grill Room (**Not included in totals)
0
0
633
675
LYON OAKS
Rounds Played - 9 Holes
0
0
279
279
Rounds Played - 18 Holes
0
0
2,077
1,799
Driving range
0
0
919
826
*Banquet Facilities
177
351
5,160
5,345
**Grill Room (**Not included in totals)
0
0
1,516
2,583
RED OAKS
Rounds Played - 9 Holes
0
0
1,879
1,523
SPRINGFIELD OAKS
Rounds Played - 9 Holes
0
01
1,4371
777
Rounds Played - 18 Holes
0
0
2,224
1,651
**Grill Room (**Not included in totals)
0
01
1,135
1,029
WHITE LAKE OAKS
_
Rounds Played - 9 Holes
0
0
1,195
1,397
Rounds Played - 18 Holes
0
0
855
774
*Banquet Facilities
685
1,133
5,287
6,015
**Grill Room (**Not included in totals)
0
0
952
780
TOTAL ROUNDS PLAYED - 9 HOLES
0
0
6,677
5,649
08-09 ACTIVITY REPORT.As, JAN09 2 of 4
8-2
ACTIVITY REPORT
AAKLAND
JANUARY, 2009(FM04, FY2009) (,)�-------
aZjj'l':: ►
i
TOTAL ROUNDS PLAYED -18 HOLES
0 0
6,076 5,084
TOTAL DRIVING RANGE
0 0
919 826
RECREATION, FACILITIES AND SPECIAL EVENTS
" Not included in program totals - only in combined totals. PARTICIPANTS (MONTH)
PARTICIPANTS (YTD)
In-house events are counted in facility totals. M04,FY2008
1404,FY2009
FY2008
FY2009
MOBILE RECREATION
Bleachers
0
0
2
5
Bouncers
0
0
4,215
3,205
Bus
1,080
900
4,365
4,275
Climbing Wall/Tower
0
0
700
1,100
Dunk Tank
0
0
0
0
Obstacle Course
205
0
205
0
Puppet
0
0
0
340
Show Mobile
2
4
10
24
Adventure Sport Mobile
160
120
200
560
Tents
0
0
18
11
Camps
0
0
0
0
Miscellaneous/ Special event trailer
0
1
410
1
WATERFORD OAKS BMX
0
0
0
0
WATERFORD OAKS COURT GAMES COMPLEX
204
204
441
816
WATERFORD OAKS FRIDGE
6,925
9,699
12,312
12,306
WATERFORD OAKS LOOKOUT LODGE
117
105
727
975
WATERFORD OAKS WATERPARK
0
0
0
0
RED OAKS WATERPARK
0
0
0
0
THERAPEUTIC EVENTS
2,237
192
3,629
2,344
SENIOR EVENTS
156
0
3801
0
08-09 ACTIVITY REPORT.As, JAN09 3 of 4
8-3
ACTIVITY REPORT O
AKLANDJANUARY, 2009(FM04, FY2009)� �:
TOTAL MOBILE RECREATION VISITS 1,4471 1,0251
10,1251 9,521
TOTAL FACILITIES AND SPECIAL EVENTS 9,639 10,200
NATURE INTERPRETIVE SERVICES
PARTICIPANTS (MONTH)
17,489 16,441
PARTICIPANTS (YTD)
In-house events are counted in facility totals. M04,FY2008
M04,FY2009
FY2008
FY2009
ENVIRONMENTAL PROGRAM - INDEPENDENCE OAKS
Nature Center
1,337
1,182
6,044
4,424
Outreach Visits
216
431
1,292
2,054
**Trail Usage (**Not included in totals)
8,879
10,069
24,297
31,290
ENVIRONMENTAL PROGRAM - LYON OAKS
Nature Center
236
300
801
989
Outreach Visits
0
260
249
493
**Trail Usage (**Not included in totals)
65
70
3,290
3,226
TOTAL NATURE CENTERS
1,573
1,482
6,8451
5,413
TOTAL OUTREACH VISITS
COMBINED•
216 691
PARTICIPANTS (MONTH)
1,541 2,547
PARTICIPANTS (YTD)
FM04,FY2008
M04,FY2009
FY2008
FY2009
DAY USE PARKS
27,448
26,252
120,962
127,724
GOLF COURSES
0
0
13,672
11,559
RECREATION, FACILITIES AND SPECIAL EVENTS
11,086
11,225
27,614
25,962
NATURE INTERPRETIVE SERVICES
1,789
2,173
8,386
7,960
BANQUET FACILITIES
4,816
5,320
49,864
48,452
GRAND TOTALS
45,139
44,970
220,498
221,657
Therapeutic/Senior Event Breakdown
B-ball-37, Jr B ball-44, blaze sport-11, boys & girls -19
I
I
_
REVISED 10/6/04 Note: Deleted Grill Room numbers from Combined Totals.
08-09 ACTIVITY REPORT.As, JAN09 4 of 4
8-4
ITEM#10
LYON OAKS BUSINESS PLAN
PRESENTATION
Leon Younger, Pros Consulting, LLC, will present a PowerPoint presentation on
the Lyon Oaks Business Plan.
10-1
ITEM #11
QUARTERLY UPDATES
STRATEGIC PLAN/INFORMATION TECHNOLOGY
Phil Castonia, Business Development Representative, will present an update on
the Strategic Plan.
Dawn Siegel, Supervisor II with Information Technology, will present an update
on the Information Technology plan.
ITEM #12
OFFICE LEASE BETWEEN
COUNTY OF OAKLAND
AND
OAKL,AND COUNTY CONSERVATION DISTRICT
The Oakland County Conservation District has been utilizing office space at
Springfield Oaks Building E. Park staff has been working with Oakland County
Corporation Counsel to develop a lease agreement to formalize the Conservation
District's use of the county property.
Included is a copy of the draft lease for your review. Staff recommends adopting
the attached resolution in support of the lease, which will be forwarded to the Oakland
County Board of Commissioners for approval.
12-1
PR09-004
RESOLUTION
WHEREAS, the Oakland County Parks and Recreation Commission desires to
enter into a lease with the Oakland County Conservation District for the use of Office #3
in Building E at Springfield Oaks County Park for office space and monthly meetings;
and
WHEREAS, said lease, which was developed by Oakland County Parks and
Oakland County Corporation Counsel staff is for a period of one year with renewal
option for one additional term of one year; and
WHEREAS, said lease, which is between the County of Oakland and Oakland
County Conservation District, is for the amount of one hundred seventy five dollars
($175) per month; and
WHEREAS, the Oakland County Conservation District is a federally mandated
state -supported unit of government designed to provide natural resource information; and
WHEREAS, the Oakland County Conservation District's natural resources
information complements the efforts of Oakland County Parks staff to inform the
residents about the natural heritage of Oakland County; and
WHEREAS, this partnership will also meet the Oakland County Parks and
Recreation Commission's strategic goal of providing an additional source of revenue
under objective 4.5.
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 Oakland
County Conservation District for Office #3 in Building E at Springfield Oaks County
Park 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
12-2
OFFICE LEASE BETWEEN
COUNTY OF OAKLAND
AND
OAKLAND COUNTY CONSERVATION DISTRICT
This Lease is made and entered into on the [insert date], by the Oakland County
Conservation District,12451 Andersonville Road, Davisburg, MI 48350, ("Tenant"), and the County
of Oakland, a Michigan Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan
48341 ("Landlord").
In consideration of the mutual covenants contained in this Lease, the Parties agree to the
following terms and conditions:
Leased Premises. The Landlord leases to the Tenant Office # 3 in Building E located at
12451 Andersonville Road, Davisburg, MI 48350 ("Premises"), which is further
described and depicted in Exhibit A.
2. Term and Commencement Date. The Term of this Lease shall begin on the
Commencement Date, which date shall be [insert commencement date] and shall run for
one (1) year ("initial term"). This Lease shall automatically be renewed for one (1)
additional term of one (1) year ("renewal term") upon the expiration of the initial term,
unless either Party provides written notice to the other Party of its intent not to renew the
Lease ninety (90) days before the expiration of the initial term.
Termination. Either Party may terminate this Lease for any reason upon ninety (90) days
written notice to the other Party.
4. Rent.
4.1. Tenant shall pay Landlord the sum of one hundred and seventy five dollars
($175.00) ("Rent") per monthly during the term of this Lease. This sum includes
all utilities, structural maintenance, site maintenance, snow removal, lawn
maintenance, trash removal, and taxes for the Premises. Rent is due on the first
calendar day of each month.
4.2. Tenant shall pay the Landlord the Rent for the first month on the Commencement
Date.
Partial Month Rent Proration. Should the Term of this Lease commence on a day other
than the first calendar day of a month, then the Rent for such month and the last month of
the Term shall be prorated upon a daily basis based upon a thirty (30) day calendar
month.
6. Place of Rent Payment. Payments due under this Lease from the Tenant to the Landlord
shall be paid at the address of the Landlord set forth above or at such other place as
Landlord may designate in writing.
013009 Draft
12-3
7. Hold Over. In the event the Tenant holds over after the expiration of the original Term of
this Lease without a written agreement between the Landlord and the Tenant, the hold
over shall be construed to be a tenancy from month -to -month on the same terms and
conditions contained in this Lease, for a period not to exceed one (1) year.
8. Alterations or Improvements. Tenant shall not make any alterations or improvements to
or upon the Premises without the prior written consent of Landlord. Any alterations or
improvements made to or upon the Premises shall become an integral part of the Premises
and shall become the sole property of Landlord immediately upon completion unless
Landlord notifies Tenant, prior to construction, that the alterations or improvements shall
be removed by Tenant at the conclusion or termination of the Lease at Tenant's sole
expense. Any alterations or improvements made to or upon the Premises shall be
performed by a properly qualified contractor approved by Landlord. Any alterations or
improvements shall be done only during normal business hours and done in such a way as
not to interfere with the use of the Premises. Any contractor retained by Tenant shall
comply with MCL 129.201, et seq. Any remodeling, renovation, improvements, or other
modifications to the Premises by the Tenant will be at Tenant's sole expense, unless
otherwise agreed by the Parties in writing.
9. Use and Occupancy. During the term of this lease the Premises shall be used for office
space.
10. Condition Upon Surrender. Upon expiration or termination of this Lease, the Tenant
shall surrender the Premises in the same condition as it was on the Commencement Date
when taken (reasonable wear and tear excepted), and shall remove its personal property.
11. Equipment and Furnishings. The Tenant shall provide, at its own expense, furniture and
equipment it deems necessary. The Tenant, at its own expense, shall be solely
responsible for the maintenance and repair of all furniture and equipment used on the
Premises.
12. Taxes. All taxes are included in the Rent due under Paragraph 4 of this Lease.
13. Maintenance and Repairs. The Landlord shall maintain and keep the Premises in good
repair, including, but not limited to, the roof, ceilings, walls, floors, foundations,
electrical and plumbing systems, sidewalks, parking areas, exterior glass, heating and
cooling systems, and the replacement of light bulbs. If any repairs to the Premises are
required (except for normal wear and tear), as a result of the Tenant's actions or the
actions of its employees, agents, customers, licensees or invitees, the Tenant shall be
responsible for making such repairs, unless such repairs are covered by insurance as
required by the insurance provisions of this Lease.
2
013009 Draft
12-4
14. Utilities and Services.
14.1. The Tenant agrees to pay all costs associated with maintaining and operating its
telephone system, computer system (including access to the internet), and any
other system the Tenant installs in the Premises.
14.2. The Landlord agrees to provide, at its own expense, trash removal, snow and ice
removal from sidewalks, steps and parking areas, complete parking lot and
building maintenance, custodial services for common areas and lawn care
services. Landlord shall keep the common areas in a safe and secure manner.
14.3. Except as otherwise provided in this Lease, the Landlord shall be solely
responsible for and promptly pay all utilities for the Premises.
15. Compliance with Laws. The Landlord agrees, at its own expense, to promptly comply
with all applicable federal, state and municipal laws and regulations affecting the
Premises, including any barrier -free requirements. If the Landlord fails to comply with
such laws and regulations, the Tenant may give the Landlord written notice of its intent to
terminate the Lease one hundred fifty (150) days after the Landlord's receipt of the written
notice. If the Landlord complies with the laws and regulations within the one hundred
fifty (150) day period, then Tenant's notice will be deemed withdrawn.
16. Destruction of Premises.
16.1. In the event, the Premises are partially damaged or destroyed by fire or other
casualty, the damage to the Premises shall be promptly repaired or rebuilt by the
Landlord. In the event the Premises cannot be repaired or rebuilt within one
hundred eighty (180) days after such destruction, the Tenant shall have the right to
terminate this Lease and vacate the Premises within ninety (90) days after the
occurrence of such damage or destruction. During the time between when the
Premises are damaged and the Tenant remains on the Premises during repair or
vacates the Premises altogether, the Rent owed by the Tenant shall be reduced in
proportion to the fraction of the Premises rendered unusable (in the discretion of
the Tenant). If more than thirty-five percent (35%) of the Premises are damaged or
destroyed by a casualty, the Tenant may elect to remain on the Premises or to
vacate the Premises.
16.2. In the event that more than thirty-five (35%) percent of the Premises are damaged
or destroyed by fire or other casualty, the Landlord may elect to either repair or
rebuild the Premises, or to terminate this Lease by giving written notice to the
Tenant within ninety (90) days after the occurrence of such damage or destruction.
Tenant will have ninety (90) days from the date of the notice to vacate the
Premises. If the Landlord elects to rebuild or repair the Premises, then the Rent
owed by the Tenant shall be reduced in proportion to the fraction of the Premises
rendered unusable (in the discretion of the Tenant) until the Premises are repaired
013009 Draft
12-5
or rebuilt. In no event shall the Landlord be required to repair or replace any
property of the Tenant.
16.3. In the event that less than Thirty-five (35%) percent of the Premises are damaged
or destroyed by fire or other casualty the Rent owed by the Tenant shall be
reduced in proportion to the fraction of the Premises rendered unusable (in the
discretion of the Tenant) until the Premises are repaired or rebuilt.
17. Insurance.
17.1. At all times during this Lease, Tenant must obtain and maintain insurance
according to the specification contained in Exhibit B.
17.2. Subrogation Language
18. Indemnification.
18.1. Tenant shall indemnify and hold the Landlord harmless from any and all claims
which are incurred by or asserted against the Landlord by any person or entity,
alleged to have been caused or found to arise, from the acts, performances, errors,
or omissions of Tenant or Tenant's employees, agents, or volunteers without
limitation, all claims relating to injury or death of any person or damage to any
property.
18.2. Tenant shall have no rights against the Landlord for any indemnification (e.g.,
contractual, equitable, or by implication), contribution, subrogation, and/or any
other right to be reimbursed by the County except as expressly provided herein.
19. Care of Premises. Tenant shall keep the Premises in good repair, wear and tear from
reasonable use and damage from the elements excepted.
20. Security. The Landlord agrees to provide lighting for the interior and exterior of the
Premises including common areas, and parking areas directly adjacent to the Premises, in
an adequate manner. The Landlord will provide keys for the Tenant's employees, agents,
or independent contractors to enter the Premises.
21. Access. The Landlord shall have twenty-four (24) hour access to the Premises for the
purpose of inspecting, repairing, and maintaining the Premises.
22. Signs. The Tenant may attach, install or erect signs on the interior and exterior walls of
the Premises as necessary for the Tenant's business at the Premises. However, the Tenant
may not attach, install or erect any signs on the exterior walls of or the area surrounding,
the Premises without the prior written approval of the Landlord and the applicable
governmental entity as to the form, content, material, lighting and structure.
23. Assignment. The Tenant shall not assign, sublet or in any manner transfer this Lease or
any estate or interest therein without the prior written consent of the Landlord.
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013009 Draft
12-6
24. Parking. The Landlord agrees to provide Tenant with one (1) assigned parking space for
Tenant's exclusive use.
25. Eminent Domain. If the whole Premises are taken by any public authority under the
power of eminent domain, then this Lease shall be terminated on the day the public
authority takes possession of the whole Premises. If less than the whole, but more than
thirty-five percent (35%) of the Premises are taken by any public authority under the
power of eminent domain, then either Party may terminate this Lease upon thirty (30)
days written notice to the other Party. In the event neither Party elects to terminate this
Lease, the Lease shall terminate on the date the public authority takes possession of the
Premises. Neither Party shall have any future liability or obligation under the Lease if it
is terminated under this Paragraph.
26. Quiet Enjoyment. Upon performance of its obligations under this Lease, the Tenant shall
peacefully and quietly hold and enjoy the Premises for the Term of this Lease without
hindrance or interruption by the Landlord, its agents or employees, subject to the terms of
this Lease.
27. Modifications. This Lease may be modified or amended only by written agreement of the
Landlord and the Tenant.
28. Remedies Not Exclusive. It is agreed that each and every right and benefit provided by
this Lease shall be cumulative and shall not be exclusive of any other right, remedy or
benefit allowed by law or in equity to either Party.
29. Use of Words. The pronouns and relative words used in this Lease shall be read
interchangeably in masculine, feminine or neuter, singular or plural, as the context
requires.
30. Common Areas. The term "Common Areas" shall include facilities, service corridors,
pedestrian sidewalks, stairways, hallways, bathroom area, landscaped areas, parking
areas, access roads, driveways, loading areas, lighting and facilities which may be
furnished by Landlord in or near the building which are outside of the Premises and
designated from time to time by Landlord as Common Areas. Tenant and its invitees shall
have right to access the Common Areas during the term of this Lease. Landlord shall at
its sole cost and expense, operate and maintain the Common Areas.
31. Security Deposit. No security deposit is being required of Tenant.
32. Governing Law. This Lease shall be interpreted under and governed by the laws of the
State of Michigan.
33. Severability. If a term, condition, or provision of this Lease 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 Lease;
all other terms, conditions and provisions shall remain in full force and effect.
013009 Draft
12-7
34. Waiver. No waiver of any term, provision or condition of this Lease, 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 Lease. No remedy available to
a Party for the other Party's breach of this Lease is intended to be an exclusive remedy. A
Patty's exercise of any remedy for breach of this Lease shall not be deemed or consti tied
to be a waiver of its right to pursue another remedy.
35. Entire Agreement. This Lease constitutes the entire agreement of the Parties with respect
to the Premises and all prior negotiations, agreements and understandings, either oral or
written, are merged herein.
36. BindingEffect. ffect. The terms and conditions of this Lease shall be binding and shall inure to
the benefit of the Parties and their respective heirs, representatives, successors and
assigns.
37. Notice.
37.1. All notices, requests, demands, and other communications required by this Lease shall
be in writing and shall be deemed given if personally delivered or mailed, certified
mail, return receipt requested, to the following addresses:
To Landlord: Oaldand County Park and Recreation Commission
Executive Officer
2800 Watkins Lake Road
Building #97 West
Waterford, MI 48328
With a copy to: Property Management Specialist
Oaldand County Department of Facilities Management
1 Public Work Drive
Waterford, MI 48328
To Tenant: [State Name and Address of Tenant Contact]
Address
38. Reservation of Rights. This Lease does not and is not intended to impair, divest, delegate,
or contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty, capacity, or immunity of the Parties.
39. Default. If the Tenant defaults in any of its obligations under this Lease, the Landlord
shall have all remedies available to it under the law.
40. Execution in Counterparts. This Lease may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same
instrument.
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013009 Draft
12-8
TENANT
In
Signed and sworn to before me in Oakland County, Michigan, on day of , 200.
My Commission expires:
Acting in the County of Oakland
Notary Public, State of Michigan,
Oakland County
COUNTY OF OAKLAND Landlord
By:
Michael D. Hughson BILL BULLARD, JR. Chairperson
Oakland County Board of Commissioners
Signed and sworn to before me in Oakland County, Michigan, on day of 1200.
My Commission expires:
Acting in the County of Oakland
Notary Public, State of Michigan,
Oakland County
7
013009 Draft
12-9
ITEM #13
BUILDING LEASE BETWEEN
COUNTY OF OAKLAND
AND
OAKLAND COUNTY 4-H FAIR ASSOCIATION
The Oakland County 4-H Fair Association has been utilizing office space at
Springfield Oaks Building E. Park staff has been working with Oakland County
Corporation Counsel to develop a lease agreement to formalize the 4-H Fair
Association's use of the county property.
Included is a copy of the draft lease for your review. Staff recommends adopting
the attached resolution in support of the lease, which will be forwarded to the Oakland
County Board of Commissioners for approval.
13-1
PR09-005
RESOLUTION
WHEREAS, the Oakland County Parks and Recreation Commission desires to
enter into a lease with the Oakland County 4-H Fair Association for the use of Building
E/Administration Building at Springfield Oaks County Park for office space, monthly
meetings and community events; and
WHEREAS, said lease, which was developed by Oakland County Parks and
Oakland County Corporation Counsel staff, is for a period of one year with renewal
option for four additional terms of one year for a total of five years; and
WHEREAS, the Oakland County Fair Association provides programs and events
that meet the Oakland County Parks and Recreation Commission's goals and objectives
of innovative specialized recreation programs and cultural experiences; and
WHEREAS, the goals and objectives will assist the Oakland County Parks and
Recreation Commission in determining future specialized recreation programs in
providing these programs to the residents of Oakland County.
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 Oakland
County 4-H Fair Association for Building E at Springfield Oaks County Park 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
13-2
BUILDING LEASE BETWEEN
COUNTY OF OAKLAND
AND
OAKLAND COUNTY 4-11 FAIR ASSOCIATION
This Lease is made and entered into on the [insert date], by Oakland County 4—H Fair
Association, a non-profit organization, 12451 Andersonville Road, Davisburg, Michigan 48350,
("Tenant"), and the County of Oakland, a Michigan Constitutional Corporation, 1200 North
Telegraph Road, Pontiac, Michigan 48341 ("Landlord").
In consideration of the mutual covenants contained in this Lease, the Parties agree to the
following terms and conditions:
1. Leased Premises. The Landlord leases to the Tenant a building known as Building
E/Administrative Building, located as 12451 Anderson Road, Davisburg, Michigan
48350 ("Premises"), which is further described and depicted in Exhibit A.
2. Term and Commencement Date.
2.1 The Term of this Lease shall begin on the Commencement Date, which date shall be
[insert commencement date] and shall end on September 30, 2010 ("initial term").
The Tenant shall have possession of the Premises on the Commencement Date.
2.2 This Lease shall be automatically renewed for four (4) additional terms of one (1)
each ("renewal terms") upon the expiration of the initial term or a renewal term,
unless either Party provides written notice to the other Party of its intent not to
renew the Lease ninety days (90) before the expiration of the initial term or any
renewal term.
3. Termination. Either party may terminate and/or cancel this Lease at any time upon one
hundred and eighty (180) days written notice to the other Party, for any reason, including
convenience, without incurring obligation or penalty of any kind. The effective date of
termination and/or cancellation shall be clearly stated in the written notice.
4. Rent. Tenant shall not pay Landlord rent during the term of this Lease. In exchange for
not paying rent, the Tenant shall pay the utilities for the following buildings and grounds
located at 12451 Andersonville Road, Davisburg, Michigan, 48350: the Administrative
Building/Building E, the Ellis Barn, the Oaks Barn, the Miracle of Birth, the Septic
System, the new Campground (2007), the Fairground Pit, and the parking lights in the
field. Utilities shall include electrical services, telephone and fax service, internet
service, gas (natural and propane) services, and water services. Bills for all utilities and
services shall be placed in the Tenant's name.
5. Hold Over. In the event the Tenant holds over after the expiration of this Lease without
a written agreement between the Landlord and the Tenant, the hold over shall be
construed to be a tenancy from month -to -month on the same terms and conditions
contained in this Lease, for a period not to exceed ninety (90) days.
13-3
6. Alterations or Improvements. Tenant shall not make any alterations or improvements
to or upon the Premises without the prior written consent of Landlord. Any alterations or
improvements made to or upon the Premises shall become an integral part of the Premises
and shall become the sole property of Landlord immediately upon completion unless
Landlord notifies Tenant, prior to construction, that the alterations or improvements shall
be removed by Tenant at the conclusion or termination of the Lease at Tenant's sole
expense. Any alterations or improvements made to or upon the Premises shall be
performed by a properly qualified contractor approved by Landlord. Any alterations or
improvements shall be done only during normal business hours and done in such a way as
not to interfere with the use of the Premises. Any contractor retained by Tenant shall
comply with MCL 129.201, et seq. Any remodeling, renovation, improvements, or other
modifications to the Premises by the Tenant will be at Tenant's sole expense, unless
otherwise agreed by the Parties in writing.
7. Use and Occupancy.
7.1. During the term of this Lease the Premises shall be used for office space,
meetings, and event rental.
7.2. The Tenant will be allowed to rent the Community Room in Building
E/Administrative Building for small events. Tenant will provide the Landlord
with a fee schedule, a copy of the rental schedule on a weekly basis, and a copy of
all the rental agreements.
7.3. Tenant will be responsible for all set-ups and clean up of all Tenant scheduled
events and will follow all Oakland County Parks and Recreation Rules, which are
attached as in Exhibit B.
7.4. The Landlord will provide one office in Building E/Administrative Building for
the Oakland county Conservation District. Landlord will develop a separate Lease
Agreement with the Conservation District.
8. Condition Upon Surrender. Upon expiration or termination of this Lease, the Tenant
shall surrender the Premises in the same condition as it was on the Commencement Date
when taken (reasonable wear and tear excepted) and shall remove its personal property.
9. Equipment and Furnishings. The Tenant shall provide, at its own expense, furniture
and equipment it deems necessary. The Tenant, at its own expense, shall be solely
responsible for the maintenance and repair of all furniture and equipment used on the
Premises.
10. Maintenance and Repairs. The Landlord shall maintain and keep the Premises in good
repair, including, but not limited to, the roof, ceilings, walls, floors, foundations,
electrical and plumbing systems, sidewalks, parking areas, exterior glass, heating and
cooling systems, and the replacement of light bulbs. If any repairs to the Premises are
required (except for normal wear and tear), as a result of the Tenant's actions or the
actions of its employees, agents, customers, licensees or invitees, the Tenant shall be
responsible for making such repairs, unless such repairs are covered by insurance as
required by the insurance provisions of this Lease.
2
13-4
11. Utilities and Services.
11.1. The Tenant agrees to pay all costs associated with maintaining and operating its
telephone system, computer system (including access to the internet), and any
other system the Tenant installs in the Premises.
11.2. The Landlord agrees to provide, at its own expense, trash removal, snow and ice
removal from sidewalks, steps and parking areas, complete parking lot and
building maintenance, custodial services for common areas and lawn care
services. Landlord shall keep the common areas in a safe and secure manner.
11.3. Except as otherwise provided in this Lease, the Tenant shall be solely responsible
for and promptly pay all utilities and services for the Premises, as set forth in
Paragraph 4.
12. Compliance with Laws. The Landlord agrees, at its own expense, to promptly comply
with all applicable federal, state and municipal laws and regulations affecting the
Premises, including any barrier -free requirements. If the Landlord fails to comply with
such laws and regulations, the Tenant may give the Landlord written notice of its intent to
terminate the Lease one hundred fifty (150) days after the Landlord's receipt of the written
notice. If the Landlord complies with the laws and regulations within the one hundred
fifty (150) day period, then Tenant's notice will be deemed withdrawn.
13. Destruction of Premises.
13.1. In the event, the Premises are partially damaged or destroyed by fire or other
casualty, the damage to the Premises shall be promptly repaired or rebuilt by the
Landlord. In the event the Premises cannot be repaired or rebuilt within one
hundred eighty (180) days after such destruction, the Tenant shall have the right to
terminate this Lease and vacate the Premises within ninety (90) days after the
occurrence of such damage or destruction. During the time between when the
Premises are damaged and the Tenant remains on the Premises during repair or
vacates the Premises altogether, the Rent owed by the Tenant shall be reduced in
proportion to the fraction of the Premises rendered unusable (in the discretion of
the Tenant). If more than thirty-five percent (35%) of the Premises are damaged or
destroyed by a casualty, the Tenant may elect to remain on the Premises or to
vacate the Premises.
13.2. In the event that more than thirty-five (35%) percent of the Premises are damaged
or destroyed by fire or other casualty, the Landlord may elect to either repair or
rebuild the Premises, or to terminate this Lease by giving written notice to the
Tenant within ninety (90) days after the occurrence of such damage or destruction.
Tenant will have ninety (90) days from the date of the notice to vacate the
Premises. If the Landlord elects to rebuild or repair the Premises, then the Rent
owed by the Tenant shall be reduced in proportion to the fraction of the Premises
rendered unusable (in the discretion of the Tenant) until the Premises are repaired
13-5
or rebuilt. In no event shall the Landlord be required to repair or replace any
property of the Tenant.
13.3. In the event that less than Thirty-five (35%) percent of the Premises are damaged
or destroyed by fire or other casualty the Rent owed by the Tenant shall be
reduced in proportion to the fraction of the Premises rendered unusable (in the
discretion of the Tenant) until the Premises are repaired or rebuilt.
14. Insurance.
14.1 At all times during this lease, Tenant must obtain and maintain insurance according
to the specifications set forth in Exhibit C.
14.2 Subrogation Language.
15. Indemnification.
15.1 Tenant shall indemnify and hold the Landlord harmless from any and all claims
which are incurred by or asserted against the Landlord by any person or entity,
alleged to have been caused or found to arise, from the acts, performances, errors, or
omissions of Tenant or Tenant's employees, agents, or volunteers without
limitation, all claims relating to injury or death of any person or damage to any
property.
15.2 Tenant shall have no rights against the Landlord for any indemnification (e.g.,
contractual, equitable, or by implication), contribution, subrogation, and/or any
other right to be reimbursed by the County except as expressly provided herein.
16. Care of Premises.
16.1 Tenant shall keep the Premises in good repair, wear and tear from reasonable use
and damage from the elements excepted.
16.2 Tenant shall clean and maintain the interior of the building known as "Building
E/Administrative Building" and the area immediately surrounding the building in
order to ensure the ongoing operations of that building. Tenant will be requested to
comply with the guidelines of Exhibit D.
17. Security. The Landlord agrees to provide lighting for the interior and exterior of the
Premises including common areas, and parking areas directly adjacent to the Premises, in
an adequate manner. The Landlord will provide keys for the Tenant's employees, agents,
or independent contractors to enter the Premises.
18. Access. The Landlord shall have twenty-four (24) hour access to the Premises for the
purpose of inspecting, repairing, and maintaining the Premises.
19. Sims. The Tenant may attach, install or erect signs on the interior and exterior walls of
the Premises as necessary for the Tenant's business at the Premises. However, the Tenant
may not attach, install or erect any signs on the exterior walls of or the area surrounding,
the Premises without the prior written approval of the Landlord and the applicable
governmental entity as to the form, content, material, lighting and structure.
20. Assignment. The Tenant shall not assign, sublet or in any manner transfer this Lease or
any estate or interest therein without the prior written consent of the Landlord.
4
13-6
21. Parkin . The Landlord agrees to provide Tenant with twelve (12) assigned parking
spaces for Tenant's exclusive use.
22. Eminent Domain. If the whole Premises are taken by any public authority under the
power of eminent domain, then this Lease shall be terminated on the day the public
authority takes possession of the whole Premises. If less than the whole, but more than
thirty-five percent (35%) of the Premises are taken by any public authority under the
power of eminent domain, then either Party may terminate this Lease upon thirty (30)
days written notice to the other Party. In the event neither Party elects to terminate this
Lease, the Lease shall terminate on the date the public authority takes possession of the
Premises. Neither Party shall have any future liability or obligation under the Lease if it
is terminated under this Paragraph.
23. Quiet Enjoyment. Upon performance of its obligations under this Lease, the Tenant
shall peacefully and quietly hold and enjoy the Premises for the Term of this Lease
without hindrance or interruption by the Landlord, its agents or employees, subject to the
terms of this Lease.
24. Modifications. This Lease may be modified or amended only by written agreement of
the Landlord and the Tenant.
25. Remedies Not Exclusive. It is agreed that each and every right and benefit provided by
this Lease shall be cumulative and shall not be exclusive of any other right, remedy or
benefit allowed by law or in equity to either Party.
26. Use of Words. The pronouns and relative words used in this Lease shall be read
interchangeably in masculine, feminine or neuter, singular or plural, as the context
requires.
27. Common Areas. The term "Common Areas" shall include facilities, service corridors,
pedestrian sidewalks, stairways, hallways, bathroom area, landscaped areas, parking
areas, access roads, driveways, loading areas, lighting and facilities which may be
furnished by Landlord in or near the building which are outside of the Premises and
designated from time to time by Landlord as Common Areas. Tenant and its invitees shall
have right to access the Common Areas during the term of this Lease. Landlord shall at
its sole cost and expense, operate and maintain the Common Areas.
28. Security Deposit. No security deposit is being required of Tenant.
29. Governing Law. This Lease shall be interpreted under and governed by the laws of the
State of Michigan.
30. Severability. If a term, condition, or provision of this Lease 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 Lease;
all other terms, conditions and provisions shall remain in full force and effect.
13-7
31. Waiver. No waiver of any term, provision or condition of this Lease, 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 Lease. No remedy available to
a Party for the other Party's breach of this Lease is intended to be an exclusive remedy. A
Party's exercise of any remedy for breach of this Lease shall not be deemed or construed
to be a waiver of its right to pursue another remedy.
32. Entire Agreement. This Lease constitutes the entire agreement of the Parties with
respect to the Premises and all prior negotiations, agreements and understandings, either
oral or written, are merged herein.
33. Binding Effect. The terms and conditions of this Lease shall be binding and shall inure
to the benefit of the Parties and their respective heirs, representatives, successors and
assigns.
34. Notice.
34.1. All notices, requests, demands, and other communications required by this Lease shall
be in writing and shall be deemed given if personally delivered or mailed, certified
mail, return receipt requested, to the following addresses:
To Landlord: Oakland County Park and Recreation Commission
Executive Officer
2800 Watkins Lake Road
Building #97 West
Waterford, MI 48328
With a copy to: Property Management Specialist
Oakland County Department of Facilities Management
1 Public Work Drive
Waterford, MI 48328
To Tenant: Oakland County 4-H Fair Association
12451 Andersonville Road
Davisburg, MI 48350
35. Reservation of Rimhts. This Lease does not and is not intended to impair, divest,
delegate, or contravene any constitutional, statutory, and/or other legal right, privilege,
power, obligation, duty, capacity, or immunity of the Parties.
36. Default. If the Tenant defaults in any of its obligations under this Lease, the Landlord
shall have all remedies available to it under the law.
37. Execution in Counterparts. This Lease may be executed in several counterparts, each
of which shall be an original and all of which shall constitute but one and the same
instrument.
6
13-8
Tenant: Oakland County 4-H Fair Association
Signed and sworn to before me in Oakland County, Michigan, on day of , 200_.
My Commission expires:
Acting in the County of Oakland
Michael D. Hughson
Notary Public, State of Michigan,
Oakland County
Landlord: County of Oakland
BILL BULLARD, JR. Chairperson
Oakland County Board of Commissioners
Signed and sworn to before me in Oakland County, Michigan, on day of , 200_.
My Commission expires:
Acting in the County of Oakland
Notary Public, State of Michigan,
Oakland County
7
13-9
ITEM #14
COOPERATIVE AGREEMENT BETWEEN
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
AND
OAKLAND COUNTY 4-H FAIR ASSOCIATION
Oakland County Parks staff, Parks Commissioner Greg Jamian, and the Oakland
County 4-H Fair Association have developed an agreement to continue the Oakland
County Fair at Springfield Oaks County Park. The agreement has been reviewed by
Oakland County Corporation Counsel.
Included is a copy of the agreement for your review. Staff recommends the
Commission approve the attached cooperative agreement between the Oakland County
Parks and Recreation Commission and the Oakland County Fair Association.
14-1
DRAFT
2009
OAKLAND COUNTY FAIR
COOPERATIVE AGREEMENT BETWEEN
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
AND
OAKLAND COUNTY 4-H FAIR ASSOCIATION
This Cooperative Agreement ("Agreement") is entered into this day of , 200
by the Oakland County Parks and Recreation Commission ("OCPR"), located at 2800 Watkins
Lake Road, Building #97 West, Waterford, MI 48328 and the Oakland County 4-H Fair
Association ("OC4HFA"), located at 12451 Andersonville Road, Davisburg, Michigan 48350.
In consideration of the mutual covenants contained in this Agreement, the Parties agree to the
following terms and conditions.
I. TERM AND TERMINATION
The Term of this Agreement shall begin on the Commencement Date, which date
shall be [insert commencement date] and shall end on September 30, 2010 ("initial
term").
2. This Agreement shall be automatically renewed for four (4) additional terms of one
(1) each ("renewal terms") upon the expiration of the initial term or a renewal term,
unless either Party provides written notice to the other Party of its intent not to renew
the Agreement ninety days (90) before the expiration of the initial term or any
renewal term.
3. Either party may terminate and/or cancel this Agreement at any time upon one
hundred and eighty (180) days written notice to the other Party, for any reason,
including convenience, without incurring obligation or penalty of any kind. The
effective date of termination and/or cancellation shall be clearly stated in the written
notice.
II. FACILITY USE
1. OCPR shall provide OC4HFA with the right to use the building and grounds of the
Springfield Oaks County Park ('Park") as described and depicted in Exhibit A
("Facilities") during the preparation, operation and dismantling period of the annual
Oakland County Fair ("Fair).
2. By October 1 of each year, OC4HFA shall submit to OCPR the dates for the Fair and
use of the Facilities for the next year. OCPR staff shall provide reservation forms to
OC4HFA for all Facilities to be used in conjunction with the Fair by January 2.
3. The schedule of events for the Fair shall be submitted to OCPR one month prior to
the opening day of the Fair. The schedule of events shall include the following: (1)
the dates and times of special events; (2) opening and closing times for the Activity
Draft 9-1.27.08
14-2
Center; (3) carnival hours; (4) dates and starting and ending times for all events; and
(5) any other information which OCPR may request.
4. The 2009 Fair shall start on July 7, 2009 and end on July 12, 2009. Set up for the
Fair shall begin June 22, 2009 and clean-up shall be completed by July 19, 2009.
III. MAINTENANCE
1. Except as otherwise expressly provided in this Agreement, OCPR shall be responsible
to perform daily maintenance functions for the Park and Facilities; such functions
shall include, but not be limited to, building/facility upkeep, pre -agreed set-up and
tear down of equipment, electrical systems checks and septic tank- maintenance.
2. OCPR shall perform special maintenance requests for repairs and special events, if
such requests are submitted to the Park Supervisor one month prior to the Fair set-up.
The Park Supervisor and the Chief of Park Operations and Maintenance will meet
with the OC4HFA General Manager and designated OC4HFA members
approximately one (1) month prior to the start of the Fair to conduct a review of the
Fair grounds and to compile a list to assist with set-up for the Fair.
3. During the Fair, the Park Supervisor will be on call 24 hours a day for any emergency
repairs. OCPR will be responsible for the costs of repairs, except for repairs which
are required due to the negligent or willful acts of OC4HFA, its members, agents, or
volunteers. OCPR will provide a list of emergency contacts if the Park- Supervisor
cannot be contacted.
4. On the first day of the Fair each year, OCPR staff and the OC411FA General Manager
and designated OC4HFA members will complete a walk through of the Fair, review
any issues concerning the Fair, and develop a list of comments to assist the Fair in
future years.
5. OC411FA shall be responsible for the daily removal of manure to designated areas on
the Fair grounds.
6. OC4HFA shall be responsible for the repair and upkeep of all OC4HFA-owned
equipment and rented equipment.
7. OC4HFA shall clean up all litter in the carnival area, camping area, arena area,
animal tents, and parking area during the Fair and complete such clean up within five
(5) days of the end of the Fair.
8. Any maintenance or construction to be performed by OC4HFA or its agents which
will alter the Facilities or Park shall be approved by OCPR in writing no later than
June 1. Written approval for the maintenance or construction must be submitted to
the Park Supervisor and approved by the Chief of Park Operations and Maintenance.
All construction performed by OC4HFA or its agents shall be in accordance with the
plans adopted and approved by OCPR.
9. OC4HFA shall provide the following and be responsible for all costs associated with
the following: (1) portable toilets, (2) medical services, (3) tent rental, (4) equipment
rental, (5) temporary electrical services for set up, and (6) equipment repair and
replacement.
2
Draft 9-1.27.08
14-3
IV. CAMPING
1. OCPR is responsible for obtaining the state campground license each year by January
2. In compliance with State and County Health Department Camping Regulations,
OC4HFA shall be responsible for securing a rally permit, designating camping areas,
and providing portable toilet facilities.
3. OC4HFA shall be responsible for obtaining authorization, designating sites, and
registering all campers during the Fair.
4. The attached 4-H Code of Conduct and Overnight Camping Regulations which is
attached as Exhibit B shall be enforced by OC4HFA.
5. Electricity shall be supplied by OC4HFA to campers in the designated camping areas.
Camping will be allowed to those associated with the Fair only.
6. OC4HFA is to provide the 4-H Code of Conduct and Overnight Camping Regulations
to each camper.
7. Applicable Michigan DEQ Camping and OCPR Rules and Regulations relating to the
use of this Facility and camping shall apply to each camper.
V. PARKING
1. OC4HFA will provide volunteers to set up all parking areas and provide parking
attendants during the Fair.
2. OC4HFA will be responsible for collecting parking revenue and issuing parking
passes.
3. OC4HFA will be responsible for accounting and depositing parking revenue.
4. OC4HFA will provide security from the Oakland County Sheriff's Department for
parking area.
5. OC4HFA shall keep all revenue generated from parking fees.
VI. ARENA EVENTS
1. OC4HFA shall enter into contracts for each scheduled arena event and shall provide
those contracts to OCPR for review and approval by April 1.
2. All arena events will require insurance and participant waivers.
VII. SAFETY & SECURITY
1. OC4HFA shall contract with the Oakland County Sheriff's Department for police
services during the Fair. OC4HFA shall be responsible for all costs incurred for this
service.
2. OC4HFA shall be responsible for providing and obtaining First Aid/EMS services
during the Fair and for each arena event, including having an ambulance on site for
each arena event. OC4HFA shall provide a schedule of First Aid/EMS personnel to
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14-4
the Chief of Park Operations and Maintenance by June 1. OC4HFA shall be
responsible for all costs incurred for this service.
VIII. EVENT MARKETING & PROMOTIONS
1. OCPR will conduct visitor surveys. The results of the survey will be reviewed and
updated by both Parties no later than June 1.
2. OCPR will provide marketing staff to work with designated OC4HFA persons
relating to marketing and promoting the Fair.
IX. OAKLAND COUNTY PARKS AND RECREATION DAY
1. During the Fair each year, there shall be a day designated as "Oakland County Parks
Day".
2. The OC4HFA General Manager and the OCPR Chief of Parks Operations shall
update and sign an agreement for the "Oakland County Parks Day" by October 1 of
each year.
X. USE OF ACTIVITY CENTER
1. OCPR will reserve the Activity Center for sole use by the OC4HFA starting ten (10)
days prior to the start of the Fair and ending four (4) days after the Fair.
XI. EMERGENCY ACTION PLAN
1. The Springfield Oaks Emergency Action Plan will be reviewed annually by the
Oakland County Emergency Response and Preparedness by January 2.
XII. INDEMNIFICATION AND INSURANCE REQUIREMENTS
1. Indemnification.
a. OC4HFA shall indemnify and hold the OCPR and Oakland County harmless from
any and all claims which are incurred by or asserted against the OCPR and
Oakland County by any person or entity, alleged to have been caused or found to
arise, from the acts, performances, errors, or omissions of OC4HFA or
OC4HFA's employees, agents, or volunteers including, without limitation, all
claims relating to injury or death of any person or damage to any property.
b. The indemnification rights contained in this Agreement are in excess and over and
above any valid and collectible insurance rights/policies.
c. OC4HFA shall have no rights against the OCPR and Oakland County for any
indemnification (e.g., contractual, equitable, or by implication), contribution,
subrogation, and/or any other right to be reimbursed except as expressly provided
herein.
d. OC4HFA waives and releases all actions, liabilities, loss and damage including
any subrogated rights it may have against the OCPR and Oakland County based
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14-5
upon any claim brought against the OCPR and the County of Oakland suffered by
an OC4HFA employee, agent or volunteer.
2. OC4HFA agrees to procure and maintain insurance coverage according to the
following specifications:
a. Commercial Occurrence Form General Liability including Premises and
Operations, Products and Completed Operations, Personal and Advertising Injury,
Broad Form Property Damage, Independent Contractors, Blanket Broad Form
Contractual with the following minimum limits: $3,000,000 — General Aggregate
Limit other than Products/Completed Operations; $ Included —
Products/Completed Operations Aggregate Limit; $ Included — Personal &
Advertising Injury Limit; $ 500,000 — Each Occurrence Limit; and $ 10,000 —
Medical Payments — Any One Person.
b. Workers' Compensation with limits statutorily required by any applicable Federal
or State law and Employers Liability Insurance with minimum limits of $100,000
each accident, $100,000 disease each employee, and $500,000 disease policy
limit.
c. Automobile Liability with minimum limit of $1,000,000 Combined Single Limit
per occurrence for owned, hired and non -owned vehicles (including No -Fault as
required by law).
3. General Insurance Policy Provisions. All certificates of insurance and/or insurance
policies shall contain the following provisions and/or clauses:
a. All policies of insurance shall be on a primary, non-contributory basis with any
other insurance and/or self-insurance carried by Oakland County;
b. OC4HFA and their insurance carriers agree to waive all rights of subrogation
against Oakland County, OCPR Commission, County agents, employees, and
elected and appointed officials of Oakland County;
c. Commercial General Liability and Automobile policies shall be endorsed to
include The County of Oakland, OCPR Commission, County agents, employees
and elected and appointed officials of Oakland County as Additional Insured;
d. All certificates are to provide thirty (30) days written notice of material change,
non -renewal or cancellation. Certificates of insurance must be provided no less
than ten (10) working days before commencement of the Agreement;
e. OC4HFA shall require their vendors, contractors or sub -contractors not protected
under OC4HFA insurance policies, to maintain insurance with coverage,
provisions, and limits equal to those required of OC4HFA as indicated in this
Agreement;
f. The insurance required of OC4HFA, their vendors, contractors, or sub -contractors
is not intended to cover any tools, equipment or other such personal property of
OC4HFA, their vendors, contractors or sub -contractors. This risk of loss to all
such personal property shall be assumed by OC4HFA, their vendors, contractors,
or sub -contractors. OC4HFA, their vendors, contractors, sub -contractors and
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14-6
insurance carriers agree to waive all rights against Oakland County and OCPR for
damage or loss of such personal property;
g. All insurance carriers are subject to the approval of the Oakland County Risk
Management and shall be approved to do business with the State of Michigan.
4. Mutual Waivers of Property Subrogation. To the extent that a property loss is
covered by insurance OCPR agrees that OC4HFA shall not be liable to OCPR and
OC4HFA agrees that OCPR shall not be liable to OC4HFA, for any loss resulting
directly or indirectly from losses such as, but not limited to fire, explosion, smoke
damage, vandalism, or malicious mischief.
XIII. EQUIPMENT STORAGE
1. OC4HFA shall be responsible for developing an inventory of all OC4HFA
equipment to be used during the Fair.
2. OCPR will provide the Oaks Barn and the stall areas in the Livestock Barn for
storage of OC4HFA equipment and supplies to operate Fair.
3. OCPR will provide a mutually designated portion of the Horse Barn to store
equestrian equipment and storage for the Fair from October 15 to April 15.
4. OCPR is not liable for insurance of OC4HFA personal property and equipment.
XIV. FAIR EVENT LAYOUT
The OC4HFA will provide the Fair event layout to the OCPR Chief of Park
Operations and Maintenance by June 1.
XV. USE OF TRUSTYS/WWAM
OCPR will work with OC4HFA for scheduling trusty crews by June 1.
XVI. JOINT SPONSORS AND GRANTS
1. The OC4HFA General Manager and the OCPR Chief of Park Operations and
Maintenance shall update and sign the "OCPR Agreement for Joint Sponsors and
Grants" by July 1 each year.
XVII. CONTRACTS
1. The OCPR Chief of Park Operations and Maintenance shall review the contracts of
OC4HFA with concessions, carnivals, special events, etc., no later than April 1.
2. OC4HFA is responsible for defining the electrical needs of commercial vendors in all
approved contracts and informing the Park Supervisor of needs by June 1.
XVIII. FINANCIAL OBLIGATIONS
1. Except as otherwise specifically provided by in this Agreement, OC4HFA shall be
responsible for all debts incurred in the operation, set up and clean up of the Fair.
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14-7
2. OCPR shall be responsible for the cost of OCPR staffing and maintenance as stated in
this Agreement.
XIX. MANAGEMENT
1. All requests for services and interpretation of OCPR Policy and Rules will go through
the Chief of Park Operations and Maintenance.
2. OC4HFA is a legally incorporated non-profit body, which assumes responsibility for
the development, operation, and management of the Fair.
3. OC4HFA officers are the authorized representatives of the OC4HFA and all
communications, requests, and development of policy regarding the Fair will go
through the OC4HFA board. The order of authority at the Fair is as follows:
President, Vice President, Corresponding Secretary, Treasurer, and Recording
Secretary.
4. The OC4HFA General Manager is the designated representative for operation of the
Fair.
XX. GENERAL TERMS AND CONDITIONS
1. Both Parties agree to meet for purposes of review of the Fair and this Agreement by
October 1 of each year.
2. No Third Party Beneficiaries. Except as provided for the benefit of the Parties, this
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 Agreement, and/or any other right, in favor of any other person
or entity.
3. Compliance with Laws. OC4HFA shall comply with all federal, state, and local laws,
statutes, ordinances, regulations, insurance policy requirements, and requirements
applicable to its activities under this Agreement.
4. Discrimination. OC4HFA shall not discriminate against any employee or applicant
for employment because of sex, race, religion, color, national origin, or handicap in
violation of State and Federal law.
5. Reservation of Rights. This Agreement does not, and is not intended to impair,
divest, delegate, or contravene any constitutional, statutory, and/or other legal right,
privilege, power, obligation, duty, or immunity of the Parties.
6. Delegation /Subcontract/Assignment. OC4HFAshalh not delegate, assign, or
subcontract any obligations or rights under this Agreement without the prior written
consent of the OCPR.
7. No Implied Waiver. Absent a written waiver, no act, failure, or delay by a Party to
pursue or enforce any right or remedy under this Agreement shall constitute a waiver
of those rights with regard to any existing or subsequent breach of this Agreement.
No waiver of any term, condition, or provision of this Agreement, whether by
conduct or otherwise, in one or more instances, shall be deemed or construed as a
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14-8
continuing waiver of any term, condition, or provision of this Agreement. No waiver
by either Party shall subsequently affect its right to require strict performance of this
Agreement.
8. Severability. If a court of competent jurisdiction finds a term, condition, or provision
of this Agreement to be illegal or invalid, then the term, condition, or provision shall
be deemed severed from this Agreement. All other terms, conditions, and provisions
of this Agreement shall remain in full force and effect.
9. Captions. The section and subsection numbers, captions, and any index to such
sections and subsections contained in this Agreement are intended for the
convenience of the reader and are not intended to have any substantive meaning and
shall not be interpreted to limit or modify any substantive provisions of this
Agreement. Any use of the singular or plural number, any reference to the male,
female, or neuter genders, and any possessive or non -possessive use in this
Agreement shall be deemed the appropriate plurality, gender or possession as the
context requires.
10. Notices. Notices given under this Agreement shall be in writing and shall either be
personally delivered, sent by express delivery service, certified mail, or first class
U.S. mail postage prepaid, and addressed to the person listed below. Notice will be
deemed given when one of the following occur: (1) the date of actual receipt; (2) the
next business day when notice is sent express delivery service or personal delivery; or
(3) three days after mailing first class or certified U.S. mail.
a. Notice Sent to OCPR: [insert name and address]
b. Notice Sent to OC4HFA: [insert name and address]
11. Agreement Modifications or Amendments. Any modifications, amendments,
rescissions, waivers, or releases to this Agreement must be in writing and agreed to
by both Parties.
12. Entire Agreement. This Agreement represents the entire Agreement and
understanding between the Parties. This Agreement supersedes all other prior oral or
written understandings, communications, agreements or contracts between the
Parties. The language of this Agreement shall be construed as a whole according to
its fair meaning, and not construed strictly for or against any Party.
This Agreement shall be effective upon signing by the designated representative of the OC4HFA
and the OCPR.
Witness OC4HFA
David Coleman, President
Witness OCPR
Dan Stencil, Executive Officer
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Date
Date
14-9
ITEM #15
RESIDENTAL LEASE AGREEMENT
The Oakland County Parks and Recreation Commission currently leases its
residential properties within the parks system. The attached lease agreement has been
prepared by Oakland County Corporation Counsel as a revision to the current lease
agreement for the express purpose of developing a lease that offers the option of renewal
up to four times, for a total of five years.
Currently there are residential properties located at Addison Oaks, Glen Oaks,
Groveland Oaks, Independence Oaks, Highland Oaks, Springfield Oaks and Waterford
Oaks. Of the eight residences, four currently have lease agreements that expire
September 30, 2009.
Staff recommends adopting the attached resolution in support of the lease
agreement, which will be forwarded to the Oakland County Board of Commissioners for
approval.
This effort ties into the Oakland County Parks and Recreation Commission's
strategic plan to standardize our business practices and enable staff to operate more
efficiently.
15-1
PR09-006
RESOLUTION
WHEREAS, the Oakland County Parks and Recreation Commission currently
leases its residential properties within the Oakland County Parks system; and
WHEREAS, the leases provide a source of revenue, which assists in meeting the
Oakland County Parks and Recreation Commission's goal of creating a feasibly
sustainable parks system; and
WHEREAS, the current leases are only a one year term; and
WHEREAS, this lease agreement will offer the option of renewal up to four
times, for a total period of five years; and
WHEREAS, this effort ties into the Oakland County Parks and Recreation
Commission's strategic plan to standardize business practices and enable staff to operate
more efficiently; and
WHEREAS, this lease agreement has been developed by Oakland County
Corporation Counsel.
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 for its residential properties.
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 agreement on behalf of the County of Oakland.
Moved by
Supported by
Date
15-2
RESIDENTIAL LEASE AGREEMENT
NOTICE: MICHIGAN LAW ESTABLISHES RIGHTS AND OBLIGATIONS FOR PARTIES
TO RENTAL AGREEMENTS. THIS AGREEMENT IS REQUIRED TO COMPLY WITH
THE TRUTH IN RENTING ACT. IF YOU HAVE A QUESTION ABOUT THE
INTERPRETATION OR LEGALITY OF A PROVISION OF THIS AGREEMENT, YOU
MAY WANT TO SEEK ASSISTANCE FROM A LAWYER OR OTHER QUALIFIED
PERSON.
This Lease Agreement ("Lease") is entered into on [insert date], between the County of
Oakland, 1200 North Telegraph, Pontiac, MI 48341 ("Landlord") and [insert name and
address of tenant] ("Tenant") according to the terms and conditions set forth below.
1. Premises. The Tenant leases from landlord the real property located at [insert address]
("Premises"), together with any furnishings, fixtures, personal property, and
appurtenances furnished by Landlord for Tenant's use.
2. Term. The term of this Lease shall be for [insert time period], beginning on [insert
date] and ending on [insert date]. References in this Lease to the term of the Lease shall
include any renewal term(s). Tenant shall receive possession of the Premises upon
execution of the Lease.
3. Rent. Tenant shall pay Landlord, by check or money order, at the following address:
[insert address for payment] or another address designated by Landlord in writing
[insert rent amount] per month on or before the first day of each month during the term
of this Lease. Tenant shall pay the first monthly installment when Tenant executes this
Lease. The first monthly installment shall be pro -rated for such month, if the Lease is
executed on another day than the first day of the month. Tenant shall pay Landlord a late
fee of $25 for each monthly installment not received by Landlord within five days of its
due date. This increase shall be considered additional rent and shall compensate
Landlord for costs incurred because of late payments. Landlord's right to collect this
additional rent shall be in addition to Landlord's right to take action under other
provisions of this Lease for Tenant's default in paying rent. The Tenant shall pay all
additional rent to Landlord promptly after the due date of the delinquent installment. All
rent paid after the due date and payments to cover checks that have been returned for
insufficient fiends must be paid at the place designated for payment, by cashier's check,
certified check, or money order.
4. Use of Premises.
4.1. The Tenant shall use the Premises for private residential purposes only. No
persons other than the following listed person(s) shall occupy the Premises for
more than fourteen (14) days denying the term of this Lease without the prior
written approval of the Landlord: [insert list of person(s)].
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15-3
4.2. Tenant shall not do any of the following or allow another person to do any of the
following:
4.2.1 Create any excessive noise or public nuisance;
4.2.2 Do anything to the Premises or its surroundings that may be hazardous or
that will cause Landlord's insurance to be cancelled or premiums to
increase;
4.2.3 Deface or damage any part of the Premises;
4.2.4 Change the locks or install any additional locks or bolts without
Landlord's prior written consent;
4.2.5 Place a waterbed or other heavy article on the Premises without
Landlord's prior written consent;
4.2.6 Install any equipment or appliances that, in Landlord's opinion, would
cause an unsafe conditions on or around the Premises;
4.2.7 Accumulate refuse on or around the Premises that might pose a health
hazard to Tenant or to Tenant's neighbors;
4.2.8 Permit any flammable liquids or explosives to be kept on or around the
Premises; and
4.2.9 Bring any animals on the Premises without Landlord's prior written
consent.
5. Use of Illegal Substances. Tenant shall not violate or knowingly allow another person to
violate federal, state, or local laws regarding the use of controlled substances or the use of
alcohol by minors in or around the Premises. When aware of a violation of this section,
Landlord will file a formal police report.
6. Condition of Premises. Tenant acknowledges that no representations about the condition
of the Premises or promises to alter or to improve the Premises before or during the term
of the Lease have been made except as stated in the Lease.
7. Maintenance Repairs and Damage to Premises.
7.1. Throughout the term of the Lease, Tenant shall maintain the Premises in good
condition and shall allow no waste of the Premises or any utilities. Tenant shall be
liable for any damage to the Premises or to Landlord's other property that is caused
by the acts or omissions of Tenant or Tenant's guests. Tenant shall pay, on
Landlord's demand, to replace any broken window glass on the Premises or any lost
or broken keys.
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7.2. Landlord shall be responsible for snow removal and garden and lawn services for
the Premises.
7.3. Landlord shall provide repair and maintenance for the Premises. Tenant shall notify
Landlord when there is a need for repairs to the Premises.
7.4. Landlord shall install smoke -detection devices for the Premises along with batteries
to operate the devices. Tenant must regularly test the devices to ensure that they are
operational and if not notify Landlord immediately. Tenant must never remove
batteries from smoke -detection device, except when necessary to replace the batteries.
8. Decorations and Alterations to Premises. Other than hanging decorations on the walls
with nails or other materials approved by landlord, Tenant shall not alter or decorate the
Premises without prior written consent from Landlord. Landlord's consent to a particular
decoration or alteration shall not be deemed consent to fixture decorations or alterations.
Tenant shall not remove any furnishings Landlord furnishes to Tenant, drive nails into the
woodwork, or use any adhesive material on the walls without prior written consent from
Landlord.
9. Assignment and Sublease of Premises. Tenant shall not assign or sublease the Premises
or any portion thereof.
10. Access to the Premises. Tenant shall allow Landlord and Landlord's agents reasonable
access to the Premises to inspect, repair, alter, or improve the Premises. Tenant shall also
allow insurance carriers and representatives, fire department inspectors, police, or local
health authorities to inspect the Premises to the extent permitted by law. Tenant shall
allow Landlord or Landlord's agents to show the Premises to prospective Tenants at
reasonable times during the sixty (60) days before the term of the Lease expires and to
prospective purchasers on reasonable notice to Tenant.
11. Vacation or Abandonment of the Premises. If Tenant removes substantially all Tenant's
property from the Premises, Landlord may immediately enter and redecorate the Premises
without abatement of rent; and these acts shall not affect Tenant's obligations under this
Lease. If Tenant abandons the Premises before the Lease expires, all rent for the
remainder of the term of the Lease shall immediately become due.
12. Property Loss or Damage. To the extent permitted by law, Landlord and Landlord's
agents shall not be liable for any damage to property or loss of property that is caused by
theft or casualty on the Premises. Landlord recommends that Tenant obtain insurance to
protect Tenant's personal property against such loss or damage.
13. Damage or Destruction of the Premises. If a casualty partially destroys the Premises but
they can be restored to a tenantable condition within thirty (30) days, Landlord shall
repair the Premises with reasonable dispatch; however, Landlord's obligation to repair
the Premises shall be limited to the amount of insurance proceeds actually received by
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15-5
Landlord. Tenant's obligation to pay rent shall be suspended while the Premises are
untenantable. If a casualty damages the Premises to the extent that they cannot be
restored to a habitable condition within thirty (30) days, either Party may terminate this
Lease by giving the other party written notice within fifteen (15) days after the casualty.
Landlord shall not be liable for any reasonable delay or for providing housing for Tenant
during repairs.
14. Utilities and Services for Premises. Tenant is responsible for the costs of utilities and
services for the Premises for the term of this Lease including but not limited to the
following: (a) garbage removal; (b) water and sewer; (c) gas; (d) electricity; (e) ice
removal, including salting the driveway and any walks surrounding the Premises or on
the Premises; and (f) telephones.
15. Termination of Lease.
15.1. Tenant may terminate this Lease upon thirty (30) days written notice to Landlord.
15.2. Upon termination of this Lease, Tenant shall surrender possession of the Premises
to the Landlord in the condition they were in when they were delivered to Tenant,
except for normal wear and tear. Tenant shall also return all keys to the Premises to
Landlord.
16. Default of Lease and Landlord's Remedies.
16.1 If Tenant defaults on any obligations under this Lease or misrepresents any
information in the application for this lease, landlord may, on written notice to
Tenant, terminate the Lease and enter the Premises as permitted by law; Tenant
and any other occupants shall surrender the Premises to Landlord by the date
stated in the notice. If Landlord terminates the Lease, Landlord may recover
Landlord's expenses for enforcing Landlord's rights under the Lease and
applicable law, including court costs and attorney fees, from Tenant, as permitted
by statute; and rent for the rest of the term of the Lease shall immediately become
due. Tenant may not be liable for the total accelerated amount because of
Landlord's obligation to minimize damages, and either party may ask a court to
determine the actual amount owed, if any. If Tenant fails to pay rent or any other
sums when due to Landlord, Landlord serves a notice of default on Tenant as
required by law, and Tenant fails to remit the amounts due before the notice
period expires, the amount of court costs and attorney fees incurred by Landlord
in enforcing Landlord's remedies and allowed by statute shall be added to the
amount of the arrearage.
16.2 It is a violation of this Lease if Tenant, a member of Tenant's household, or any
other person under Tenant's control unlawfully manufactures, delivers, possesses
with intent to deliver, or possesses a controlled substance as defined by Michigan
law anywhere on the Premises or surrounding the Premises. Pursuant to
Michigan law, if Tenant violates this provision Landlord may serve a written
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15--6
demand for possession for termination of this Lease giving Tenant 24 hours'
notice of the Lease termination and demand for possession. Tenant acknowledges
that an order of eviction/writ of restitution may be issued by the court
immediately after the entry of a judgment for possession. Tenant's
initials:
17. Hold Over. Tenant may, with Landlord's permission, continue to occupy the Premises
after the term of this Lease expires without renewing this Lease or signing another Lease
for the Premises. Such tenancy shall be on a month -to -month basis and subject to the
provisions of this Lease except that the monthly rent shall increase by ten (10) percent
from the rent for the last month of the term of the Lease, and Landlord may increase rent
on thirty (30) days' notice to Tenant.
18. Notices. Any notices under this Lease shall be in writing and delivered to the recipient
personally or by first class mail fully prepaid at the following locations:
Tenant: [insert address]
Landlord: Oakland County Department of
Facilities Management Property Management
One Public Works Drive, Bldg. 95 W
Waterford, MI 48328
and
Oakland County Parks and Recreation
Executive Officer
2800 Watkins Lake Road, Bldg. 97W
Waterford, MI 48328
Unless otherwise required by law, the date of service shall be the date of hand delivery or
the mailing date.
19. Modifications. No modifications of this Lease shall be binding unless they are in writing
and signed by Landlord and Tenant.
20. Whole Agreement. This Lease sets forth the entire agreement between Landlord and
Tenant. There are no verbal or written agreements that are not contained in this Lease
between the parties.
21. Binding Effect. This Lease shall bind and benefit the parties to the Lease and their heirs,
personal representatives, successors, and permitted assigns.
22. Severability. If any provision of this Lease is invalid, unlawful, or unenforceable to any
extent, the rest of the Lease and the application of the provision to the persons or
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15-7
circumstances other than those for which it is invalid, unlawful, or unenforceable are not
affected.
23. Time of the Essence. Time shall be deemed to be of the essence in the performance of
this Lease.
24. Effective Date. This Lease is effective on the date stated in Section 2.
TENANT
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ITEM #16
RIGHT OF FIRST REFUSAL AGREEMENT
As a result of the discussion at the January 14, 2009 Commission meeting, staff
met with Jody Hall, Oakland County Corporation Counsel, Mire Hughson, Oakland
County Facilities Management, and Joe Colaianne, Oakland County Water Resources
Commission to address the concerns regarding the Right of First Refusal agreement.
Jody Hall determined it involves an interest in real estate and therefore, approval
from the Oakland County Board of Commissioners is required.
Attached is a copy of the revised document which includes language that provides
parameters authorizing staff to exercise the agreement with an interest of up to ten
thousand dollars.
Staff recommends the commission approve the agreement as to form for future
use as directed by the commission and adopt the attached resolution in support of the
agreement, which will be forwarded to the Oakland County Board of Commissioners for
approval.
16-1
PR09-007
RESOLUTION
WHEREAS, the Oakland County Parks and Recreation Commission has, as
directed by its strategic plan, established a weighted land acquisition criteria policy to
identify acquisition targets throughout the county; and
WHEREAS, the Oakland County Parks and Recreation Commission's strategic
plan objective 1.1.3 directs staff to develop a protocol for soliciting and accepting the
donation of land, easements, wetland mitigation/preservation and right of first refusal;
and
WHEREAS, the Oakland County Parks and Recreation Commission and Oakland
County Corporation Counsel staff have developed a Right of First Refusal agreement,
which includes language that provides parameters authorizing staff to exercise the
agreement with an interest of up to ten thousand dollars.
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 Right of First Refusal agreement.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission hereby requests the Oakland County Board of Commissioners amend its
rules to authorize the Oakland County Parks and Recreation Commission to exercise the
agreement with an interest of up to ten thousand dollars.
Moved by
Supported by
Date
16-2
Right of First Refusal Agreement
This Agreement is made on [insert date], by [insert name and address of owner],
("Owner") and the County of Oakland, a Michigan Municipal and Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("Purchaser") for the
purpose of granting Purchaser a right of first refusal for a tract of land described as
follows: [insert land/legal description] (the "Premises") pursuant to the following
terms and conditions:
1. Right of First Refusal.
a. If at any time, Owner receives a bona fide written offer from any party to
purchase the Premises in whole or in part, Owner shall send Purchaser a
copy of the proposed contract to purchase and notify Purchaser of its
intention to accept the offer. Purchaser shall have the right for a period of
[insert number of days] days to accept in writing the terms of the proposed
contract to purchase the Premises for the purchase price and on the terms
specified in the proposed contract. If Purchaser fails to select to make the
purchase within a period of [insert number of days] days, Owner may sell
the Premises, provided that the sale is on the terms and conditions and for
the price set forth in the proposed contract sent to Purchaser.
b. insert situation where Owner wants to place Premises for sale and there
is no offer to purchase from a third -party. Also, we need process to
determine price]
2. Consideration. The Purchaser shall pay the Owner the sum of [insert
amount]. This money shall be placed in an interest bearing account, selected by
the Purchaser. All interest shall be paid to the Owner. If the Purchaser
purchases the Premises, the money that was held in the account shall be
deducted from the purchase price of the Premises.
3. Warranty. Owner warrants that it has good and marketable title to the Premises
and the right to grant this right of first refusal.
4. Term. This Agreement shall commence on the date the Agreement is fully
executed by both Parties and end [insert date for ending of Agreement],
unless terminated as set forth in this Agreement. By mutual written agreement,
the Parties may renew this Agreement for one (1) year.
5. Default. If Owner enters into an assignment, sale, transfer, conveyance, lease
with a term (including both primary and option period) in excess of one (1) year,
or lease with an option to purchase in conflict with this Agreement, Purchaser
may, at its option, have a court of competent jurisdiction declare this Agreement
breached and order that the assignment, sale, transfer, conveyance, or lease by
Purchaser is void. This provision shall not be construed to prevent specific
performance of this Agreement or of any of its terms by either Party.
6. This Agreement shall not restrict Owner's right to mortgage, grant easements, or
grant a lease or leases without an option to purchase and for a term (including
both primary and option periods) not in excess of one (1) year. Nor shall this
1
16-3
Agreement restrict or prohibit transfers by operation of law, or transfers between
Owner and Purchaser.
7. Termination, This Agreement shall terminate on [insert date of termination] or
upon written mutual agreement of the Parties.
8. Binding Effect. This Agreement and its provisions shall inure to the benefit of
the Parties and shall be binding on the Parties and their heirs, legal
representatives, successors, and assigns.
9. Notice. Notices given under this Agreement shall be in writing and shall either
be personally delivered, sent by express delivery service, certified mail, or first
class U. S. mail postage prepaid and addressed to the person listed below:
If notice is sent to Owner:
If notice is sent to Purchaser:
Oakland County Parks and Recreation Commission
Executive Office
2800 Watkins Lake Road, Building 97 West
Waterford, Michigan 48328
Either Party may change the address or individual to which notice is sent by
notifying the other Party in writing of the change.
10. Payment. Payment for the Premises and the closing for the purchase of the
Premises shall not occur until the Owner delivers a warranty deed for the
Premises and an abstract of title, to establish satisfactory title for the Premises,
to the Purchaser.
11. Fee. To exercise the right of first refusal or option contained in this Agreement,
Purchaser shall not be required to pay a fee.
12. Memorandum. The Parties to this Agreement shall execute a Memorandum of
Agreement which Purchaser shall record, at its cost, at the Oakland County
Register of Deeds.
13. Entire Agreement. This Agreement represents the entire Agreement and
understanding between the Parties. This Agreement supersedes all other prior
oral or written understandings, communications, agreements or contracts
between the Parties. The language of this Agreement shall be construed as a
whole according to its fair meaning, and not construed strictly for or against any
Party.
FOR THE COUNTY OF OAKLAND:
I YA
DI
2
16-4
Subscribed and sworn to before me on this day of
2008.
Notary Public, State of Michigan,
County
My Commission
Expires:
Acting in the County of Oakland
FOR ????:
In
Subscribed and sworn to before me on this
2008.
FOR ???•
DATE:
day of
Notary Public, State of Michigan,
County
My Commission
Expires:
Acting in the County of Oakland
Subscribed and sworn to before me on this day of
2008.
2008-0668/Right of First Refusal Agreement.doc
Notary Public, State of Michigan,
County
My Commission
Expires:
Acting in the County of Oakland
3
16-5
ITEM #17
SPRINGFIELD OAKS GOLF COURSE
L.U.S.T. SITE REMEDIATION PROJECT
At the December 10, 2008 Commission Meeting, Commissioners approved a
transfer of $167,300 from the general operating contingency to the Springfield Oaks
Golf Course — Grounds Maintenance Budget for the completion of this project.
Purchasing received six bids on January 29, 2009 for the remediation and removal
of the hazardous materials of the Leaking Underground Storage Tank (L.U.S.T.) at the
Springfield Oaks Golf Course. Staff will present the bids and a recommendation at the
meeting.
This project meets the strategic planning objective that focuses on park
maintenance and upgrades for the preservation of our natural resources.
17-1
ITEM #18
MICHIGAN NATURAL RESOURCES TRUST FUND (MNRTF)
2009 DEVELOPMENT GRANT APPLICATION
NATURAL AREA ACCESSIBILITY IMPROVEMENTS AT
HIGHLAND, LYON, RED AND ROSE OAKS COUNTY PARKS
The Oakland County Parks and Recreation Commission has been notified that
applications for the Michigan Natural Resources Trust Fund (MNRTF) may be submitted for
2009. Applications are to be postmarked by April 1, 2009.
Staff recommends applying for financial assistance from the Michigan Natural Resources
Trust Fund (MNRTF) for the construction of accessible fishing piers, wetland boardwalks, trail
connectors and wildlife viewing platforms at Highland, Lyon, Red and Rose Oaks.
This program ties in with the Oakland County Parks and Recreation Commission's
strategic plan objective 2.10.1 to develop and implement a system -wide phased accessibility plan
with the goal of creating ADA compliance.
Staff estimates a project cost of $700,000 including engineering, site preparation and
installation.
Staff recommends adopting the attached resolution in support of the grant application in
the amount of $308, 000 (44% of the total project costs) with a local match of $392, 000 (56%);
(44/56% funding match maximizes the point value of OCPRC's contribution) which will be
forwarded to the Oakland County Board of Commissioners for approval.
Staff will conduct a PowerPoint presentation at the public hearing for this proposal
scheduled for the February 11, 2009 Commission meeting.
18-1
PR09-003
RESOLUTION
IN SUPPORT OF THE APPLICATION FOR
A MICHIGAN NATURAL RESOURCES TRUST FUND DEVELOPMENT GRANT
FOR THE OAKLAND COUNTY PARKS AND RECREATION
NATURAL AREA ACCESSIBILITY IMPROVEMENTS AT
HIGHLAND, LYON, RED AND ROSE OAKS COUNTY PARKS
WHEREAS, the Oakland County Parks and Recreation Commission has been notified
by the Department of Natural Resources that application for cost sharing grants from the
Michigan Natural Resources Trust Fund may be submitted by April 1, 2009; and
WHEREAS, the Oakland County Parks and Recreation Commission has identified and
established priorities for acquisitions and improvements within the adopted Recreation Master
Plan; and
WHEREAS, this program ties in with the Oakland County Parks and Recreation
Commission's strategic plan objective 2.10.1 to develop and implement a system -wide phased
accessibility plan with the goal of creating ADA compliance; and
WHEREAS, the Oakland County Parks and Recreation Commission recommends the
filing of the following application to the Department of Natural Resources for a $308,000
grant (44% of total project costs) with a local match of $392,000 (56%):
NATURAL AREA ACCESSIBILITY IMPROVEMENTS AT
HIGHLAND, LYON, RED AND ROSE OAKS COUNTY PARKS
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 Michigan Natural Resources Trust Fund Development grant
application.
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 application on behalf of the County of Oakland.
Moved by_
Supported by
Date
is-2
ITEM # 19
CLOSED SESSION:
Potential Property Acquisition
19-1
ITEM #20
EXECUTIVE OFFICER'S REPORT
A. Attached is the revised 2009 Oakland County Parks and Recreation Commission's Master
Calendar.
B. Attached for your review is the Oakland County Sheriff's Office 2008 Parks Unit Annual
Report.
C. Attached for your review is the Oakland County Parks and Recreation Annual Aerial Deer
Survey report.
D. Staff has made contact with the Treasurer's Office and a representative from their department
will attend a future meeting to update the Commission on the county's investment program.
E. Attached for your review is a map detailing the Waterford Oaks property boundary.
F. Staff is scheduling orientation meetings with newly elected CVT supervisors within the next 30
days. Staff will invite you to attend these orientation meetings if they fall within your
jurisdiction.
G. Attached for your review is the 2008 Christmas Tree Recycling report.
H. Attached for your review is the update on the Senate Bill 0054, "Bottle Bill." On January 27,
2009 this Bill was referred to the Committee on Natural Resources and Environmental Affairs.
I. Upcoming Events: Attached for your information is a listing of the upcoming events.
lib-1
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
2009 MASTER CALENDAR
DAY
DATE
FUNCTION
WEDNESDAY
JANUARY 14
REGULAR COMMISSION MTG — OFFICER ELECTION
TUES - FRI
FEBRUARY 3-6
MRPA ANN. CONF/TRADE SHOW; DEARBORN
SUN - TUES.
FEBRUARY 8-10
MAC LEGISLATIVE CONFERENCE; LANSING
WEDNESDAY
FEBRUARY 11
REGULAR COMMISSION MEETING
WEDNESDAY
MARCH 4
REGULAR COMMISSION MEETING
SAT - WED.
MARCH 7-11
NACo LEGISLATIVE CONFERENCE; WASHINGTON, DC
"FRIDAY
MARCH 13
EMPLOYEE RECOGNITION BANQUET
TUES - FRI
MARCH 17-20
MRPA LEGISLATIVE FORUM, WASHINGTON, DC
WEDNESDAY
APRIL 8
REGULAR COMMISSION MEETING -RED OAKS
"WEDNESDAY
APRIL 15
BUDGET PRESENTATION WORK SESSION
WEDNESDAY
MAY 6
REGULAR COMMISSION MEETING
WEDNESDAY
JUNE 3
REGULAR COMMISSION MEETING (ADOPT 2010 BUDGET)
TUES - THUR
JUNE 9-11
SPECIAL PARK DISTRICTS FORUM; LAKE COUNTY, IL
WEDNESDAY
JULY 1
REGULAR COMMISSION MEETING-ADDISON OAKS
FRI - WED.
JULY 24-29
NACo ANNUAL CONFERENCE; NASHVILLE, TN
WEDNESDAY
AUGUST 5
REGULAR COMMISSION MEETING
SUN-TUES
AUGUST 16-18
MAC SUMMER CONFERENCE; BOYNE FALLS
WEDNESDAY
SEPTEMBER 2
REGULAR COMMISSION MEETING
WEDNESDAY
OCTOBER 7
REGULAR COMMISSION MEETING-SPRINGFIELD OAKS
TUES-SAT
OCTOBER 13-17
NRPA CONGRESS, SALT LAKE CITY, UT
WEDNESDAY
NOVEMBER 4
REGULAR COMMISSION MEETING
WEDNESDAY
DECEMBER 2
REGULAR COMMISSION MEETING
"REVISIONS ARE IN BOLD.
REVISED February 4, 2009
MASTER CALENDAR 2009 Drafl.doc
20A-1
Oakland County Sheriff's Office
PARKS UNIT
2008 Annual Report
Patrol Hours
7,872
7% decrease from 2007
Trusty Hours
6,494
same as 2007
Training Hours
591
135% increase from 2007
Administration Hours
863
14% decrease from 2007
Court Hours
14
same as 2007
Total Hours All Park Deputies
15,834
2% decrease from 2007
Mounted Unit Hours
1,398
13% decrease from 2007
(Mounted hours are not included
in total Park Deputy hours)
Total Hours All Park Deputies
Park Deputies worked a total of 15,834 hours. These hours included
Park Patrol, Trusty Work Program, Mountain Bike, special events, and
administrative. This was a decrease of 355 hours, or a 2% reduction in
hours from 2007, this was due to changes in scheduling and
assignments. Attached are the total hours worked for each group of
deputies as well as trusty hours for each individual park. Graphs and
percentages are attached. Mounted Unit hours are not included in the
total for Park Deputy Hours.
20B-1
Page 2
Year End Report
Parks Unit
Patrol Hours
The Oakland County Sheriff's Office Park Deputies patrolled a total of
7,872 hours within the park system in 2008. Some patrols did not start
until mid June. This, coupled with the cancellation of some of the
midnight patrols at Addison Oaks, resulted in a decrease of 566 total
patrol hours from 2007 (a 7% decrease).
The south end patrol established in 2007 was a success and will
continue into 2009. This additional patrol unit's responsibilities are to
provide support for the parks in the south end of the county. These
include Lyon Oaks, Catalpa Oaks, Glen Oaks, and Red Oaks. Patrols
are focused on these parks and provide extra coverage. In the summer
heat this unit is responsible for added deputy coverage at Red Oaks
Water Park.
General patrols scheduled were conducted the same as prior years. The
water. parks received extra patrol again this year due to the high
temperatures and large crowds. It is recommended that the south -end
patrol be used again next year to provide adequate patrols to the parks in
the southern portion of the county. Staffing for next year will be
constantly evaluated and deputies will be scheduled according to the
needs of the parks.
Reports / Arrests / Tickets
Deputies wrote 120 reports ranging from medical assists to assaults and
made 16 arrests. This was a ;decrease from 2007 by almost half. This is
contributed to effective community policing policies by Park Deputies.
Park Deputies issued 503 tickets ranging from parking without a pass
(more than half of all tickets issued) to impeding traffic and speeding in
the park.
2os-2
Page 3
Year End Report
Parks Unit
Trusty Work Program
The Trusty Work Program completed 6,494 hours which is an increase of
only 10 hours from 2007. The demand for trusty work crews was the
same as 2007. Special projects were completed such as the brick paver
floor that was installed in the Ellis Barn located at Springfield Oaks and
the restoration of the oak flooring at Addison Oaks. Work crews also
assisted in keeping the trail system clear of debris, tree branches, and
invasive species removal.
Police Mountain Bike Patrols
The bicycle patrols worked 228 hours and were primarily used at the
Oakland County Fair, Groveland Oaks, and Addison Oaks. The bicycle
patrols are a great way of meeting and greeting the patrons of the park
and I would like to see these numbers increase in the years .to' come.
This method of patrol puts the deputy face-to-face with the public and the
citizens respond well to this.
Mounted Unit
The Mounted Unit Deputies patrolled 1,398 hours in the county parks.
This patrol included the fireworks events at Addison Oaks and Groveland
Oaks and includes general park patrol. The 2008 Mounted Unit hours
decreased from the 2007 Mounted Unit total by 205 hours (13%) due to
cancellation of deputies at the request of Park Staff. This type of patrol is
received very well by the patrons of the parks. It is another way of
meeting and greeting the citizens and receives positive responses. I
would like to increase this type of patrol next year.
20B-3
Page 4
Year End Report
Parks Unit
Special Events
Special events that were held were a great success. The Oakland
County Fair had an approximate 10% decrease in attendance. Deputy
scheduling was increased for the 2008 fair to have deputy coverage
where cash was handled. The Oakland County Fair Board was thankful to
have a deputy specifically assigned to escort a fair board member every
time transporting of cash was necessary. This increased deputy coverage
was a recommendation from 2007 and was implemented to ensure the
safe transport of cash. Other recommendations were implemented to
enhance to overall security of the Oakland County Fair. The security
enhancements implemented were a great success.
The fireworks events were scheduled according to the projected
attendance and turned out very well. There were no major problems at
any of the special events.
Training
Training hours for 2008 totaled 591 hours, an increase of 341 hours and
up 137% from 2007. This increase is attributed to mandatory training in
the new Net RMS Report Writing System. Each deputy was also re-
certified in First Aid, CPR, and Blood Born Pathogens. It is expected that
the new radio system will be implemented in 2009 and training will be
conducted for the new OakWIN radios.
20B-4
Page 5
Year End Report
Parks Unit
The Oakland County Sheriffs Office Park Deputies look forward to the
2009 season. We will continue our mission to provide outstanding public
relations with the park patrons while maintaining safe and secure parks
for the citizens of Oakland County.
Respectfully Submitted,
n
I L
Sergea t Kelly Sexton
Oakland County Sheriffs Office
Parks -Unit Commander
20B-5
Calendar ear Oakland County Sheriff Office
Parks Unit Statistics
1995
1996
1997
1998
1999
2000
DEPUTY HOURS
N/A
11784
11446
11652
14,899
13931
TRUSTY HOURS
3470
3566
3849
4002
5601
4014
PATROL HOURS
N/A
N/A
6434
6508
7711
7940
TRAINING
N/A
N/A
1081
508
827
1371
COURT
N/A
N/A
18
49
39
34
ADMINISTRATION
-
-
-
-
-
572
Total
13931
PARK DEPUTY SPECIAL
BIKE x
693
WARNINGS
382
319
58
97
87
0
WRITTEN REPORTS
N/A
183
163
105
69
115
CALLS FOR SERVICE
TICKETS *
113
359
164
91
193
188
MOUNTED PARKS *
MOUNTED SPECIAL
Bike* Included in Patrol
TICKETS * Jan -Nov
Mounted Parks * Not included
in
total deputy
hours
c'
1/16/2009
2007
•2001
2002
2003
2004
2005
2006
2007
2008
14857
16460
16060
17583
16766
18839
16,189
15,834
5603
5471
6087
6701
6356
7692
6485
6494
8019
9206
8409
9113
8950
9057
8438
7872
566
940
629
841
380
760
252
591
29
33
66
53
95
71
14
14
640
810
869
875
985
1259
1000
863
14857
16460
16060
17583
16766
18839
16189
15834
653
597
1026
812
826
221
680
197.5
* 228
9
737
210
78
17
66
47
163
153
148
139
233
244
205
120
1172
156
295
488
564
1129
1036
*731
*503
* 1603
* 1398
'� 1434
9500
9000
8500
0
0
= 8000
7500
7000
900
800
700
600
500
=o 400
300
200
100
0
100
80
60
0
= 40
Patrol Hours
Year 04 Year 05 Year 06 Year 07 Year 08
Year
Training Hours
Year 04 Year 05 Year 06 Year 07 Year 08
Year
Court Hours
95
Year 04 Year 05
Year 06 Year 07 Year 08
Year
Fo Series 1
Fo Se esl
p Series1
26B-7
26B-8
300
250
200
139 '
E
150
Z
100
.
50
._777-
0
Year 04
Incident Reports
Year 05 Year 06 Year 07 Year 08
Year
o Series1
20B-9
20B-10
Training Hours by Year
1000-
g00841
760
800
700
N 600
L
0 500
380
= 400
252
300
200
100
0
04
05 06 07 08
20B-11.-
Sheriff 2008
Trusty and Patrol Hours
Park
jTrusty
Patrol
Addison Oaks
1486.5
2396
Catalpa Oaks
16
0
Glen Oaks
0
0
Groveland Oaks
920.5
2183
Highland Oaks
24
16
Independence Oaks
820
1 115.75
Lyon Oaks
55.5
8
Orion Oaks
337.5
72
Red Oaks
535.5
805
Rose Oaks
59.5
0
Springfield Oaks
816.5
477.5
Waterford Oaks
1319.75
775.75
White Lake Oaks
67
0
Total Hours
6458.25
7849
1/12/2009
20B-12
1600
1400
1200
1000
0 800
600
400
200
0
Trusty Hours
AO GO 10 00 RO so WO
Park
1 0 Trusty Hours 11
Trusty Hours by Percent
25 -
20 -
15 -
10 -
a
5
M'A
0
AO GO 10 00 RO so WO
Park
20B-'13 /I
This chart does not include the Trusty Hours for the following parks.
Catalpa had 16 hours
Glen Oaks had 0 hours
Highland had 24 hours
Lyon had 55 hours
Rose had 60 hours
White Lake had 67 hours
This chart does not include the Trusty Hours for the following parks.
Catalpa had 16 hours
Glen Oaks had 0 hours
Highland had 24 hours
Lyon had 55 hours
Rose had 60 hours
White Lake had 67 hours
Patrol Hours
3000
2500
2000
0 1500
0 �eries1
1000
500
0
AO GO 10 RO SO WO
Park
3:
1116
� j
h
s
k
805 �
Patrol Hours
35
30
25
20
as 15
a 10
5
El Series
0
AO GO 10 RO SO WO
Park
s
5 -
4
j ti
k
�,x
This chart does not include the patrol hours for the following parks.
Highland had 16 hours
Lyon had 8 hours
Orion had 72 hours
20B—I4
Oakland County Parks and Rec
Annual Aerial Deer Survey
2009 AERIAL SURVEY DEER DENSITY CALCULATIONS
Date
Surve ed
Property
Deer
Observed
Park
Acres
Park Sq.
Miles
Deer/ sq. mi.
2009
Deer/ sq. mi.
2008
15-Jan-09
Genesee Co - Cummings Ctr
42
1000
1.5625
27
29
15-Jan-09
Genesee Co - ForMar
35
384
0.6000
58
32
15-Jan-09
Genesee Co - Hogbacks
96
1500
2.3438
41
67
15-Jan-09
Groveland Oaks
_
25
362
0.5656
44
28
15-Jan-09
Highland Oaks
11
262
0.4094
27
2
15-Jan-09
Lyon Oaks
23
1040
1.6250
14
20
15-Jan-09
Rose Oaks
19
639
0.9984
19
42
15-Jan-09
Washtenaw Co - Leonard Preserve
97
237
0.3703
262
-
15-Jan-09
Waterford Twp - Hess -Hathaway
3
167
0.2609
11
184 _
15-Jan-09
Waterford Twp - OCC Highland Lakes
2
167
0.2609
8
-
15-Jan-09
Waterford Twp - Vacant School Parcel
4
80
0.1250
32
-
16-Jan-09
Addison Oaks
48
1140
1.7813
27
44
16-Jan-09
Addison Oaks - Upland Hills
11
100
0.1563
70
70
16-Jan-09
Independence Oaks
32
1094
1.7094
19
33
16-Jan-09
Independence Oaks - Upper Bushman
8
186
0.2906
28
7
16-Jan-09
Orion Oaks
13
913
1.4266
9
22
16-Jan-09
Rochester - parcel (#1)
15
330
0.5156
29
74
16-Jan-09
Rochester - parcel (#10)
8
100
0.1563
51
-
16-Jan-09
Rochester - parcel (#9)
13
200
0.3125
42
-
16-Jan-09
Rochester - parcel (#2)
15
115
0.1797
83
267
16-Jan-09
Rochester - parcel (#3)
13
125
0.1953
67
-
16-Jan-09
Rochester - parcel (#4)
3 _
125
0.1953
15 _
-
16-Jan-09
Rochester - parcel (#5)
22
138
0.2156
102
209
16-Jan-09
Rochester - Bloomer Park (#6)
12
267
0.4172
29
58
16-Jan-09
Rochester - parcel (#7)
16
109
0.1703
94
170
16-Jan-09
Rochester - parcel (#8)
17
250
0.3906
44
-
16-Jan-09
Troy Complex
21
450
0.7031
30
67
16-Jan-09
lWaterford Oaks
0
1 163
1 0.2547
1 0
1 8
= OCPR Properties
= OCPR Areas of Interest
Michigan Natural Feature Inventory (MNFI) Biologists recommend deer densities of 15-20 deer per sq. mi. to
promote the ecological health and function of natural communities.
Conditions for both survey days consisted of clear, mostly sunny conditions. Temperatures ranged between -7 and 10 degrees
Fahrenheit for the duration of flight time each day. Parcels were surveyed at an average altitude of 700 feet (min: 500' /max:
900').Snow cover averaged 8-12" in the areas surveyed.
McMahon Helicopter Services was contracted for flight service by Oakland County Parks. Observers were flown in a Bell Jet
Ranger turbine -powered helicopter. Transects were flown either E/W or N/S over target properties in 1/8-mile wide passes.
Properties were located by GPS coordinates. 3 observers performed visual deer counts while traveling at an average speed of 1
mile per minute. Observers communicated counts over the helicopter intercom to avoid count duplication. OC Park staff
members Erin Lavender and Kathleen Dougherty served as 2 of the 3 observers during all flights for consistency.
20C-1
C mugs
Hp&ks i
Wa r
0
V-
1
. . ....... . ......
SHJAWASSEE 1F
GEN SEE
LAPEER
. ........ ..... ... . ---- --
'rOaks
o Aq
. ...... ... ----
R alks
R61—lapiOaks i
ND
Hess. Park - - ---- -
-Hi,..ifl._0 musA
'
1
IVNSTON----
1 -l
IJ
INGHAMT
L
k ILA
Ly ns
Y-3
. . .......... ..
. . . . ..........
X
--,1,53
---- -
WAY
JACKSON
�j
. .......... . . .......
=AKLAND - Aerial Deer Survey 2009
X1111 k, I I'M VA 1*1 'k" — les DAY I (Eleven Parcels) DAY 2 (seventeen Parcels)
Map Updated on: 01113109 3 12 4
20C-2
Pontiac
-AKLAND
F
xiI I! I i'd V-�l il M
Map Updated on: 01113109
jo
Miles
0 0.5 1 2
Ra IN 0
R 9
RmMr 04 R E-205
M E7
R -,ter 02
Rochester 06
Aerial Deer Survey 2009
= DAY 1 (Eleven Parcels)
[M DAY 2 (seventeen Parcels)
20C-3
I
I IOA 15' ,Wr
n I ,r�r,n, v 9ri
NBMS'11'E Ji1'!
,. SI
•'�0..
ry 30.00' 'P.'' Nam.✓,✓�,
SegeI>"W
1..1,
Z Sa)D5'42-W
eT9r'
v LOCA77ON MAP
WA7ERFORD OAKS PROPERTY DESCRIP77ON ,R 1,87':9•37E ;.,e71e' �r "'•"" \��.. \ _ R:ro4;';�
OVERALL PARCEL (PARCEL A) i
,_--4-t.e-a,e. +xt r..er +r ,.-..-f+s-rve, xe ,J-4+-Ize-°Bx trsn-➢ts. �I +5-,] u. Bnn l 't{. `¢i\j {;�.�.".Y
BBJSJ'31"W - V2 rENtt �•:Y� w:�ci-
wlm,rc.IcwB Artirtc oNrNxE:� connu{�a�ccn«. IL c:u file;
♦ rani .r m[',.[:r I'rs axt I —Er. i T6.f6
•i•^.[ncncx ,J 11 ,r° ,xE PW.4°irsciEBCau1l Nc[EL ® I
t%, BC •dcnGu i+ fr t-]-x., n-o_E ---
BOxc waft[ P.Nn:u4rvtr cC:vrIBEC-----------'-`----------------
\ i
GI.
,. BOxB +L`° mf `+NiN'nE'.i oc----�------
A PHM6.{L ).NA
score— r�ia°^E(cBe`Nxr�yno- TI Ott[ rG.(� \ [anI.LINW. C.ai. ExcE na> : rz[Y:[rvc[ x •x a9c BI R[T, Yin `oxc :+,w [<Lr uxC
S Ac "Ei; mtnQ rvl�a :1'.:, eB:.-+2Li; iN[rvct N+'Yc'+e'n. Olt �I iPtr T•mtr1Q ,e m /�\\ OC9OJ:
yr PN.11YN: 12B. _
,nEn¢59R' + ENcu]"iYB,�
r.x'r.]4°rrEET; m[NH[aN1!¢'99"17'.,'u4, YQ Q,l \ MO.RFlRIr;
rai; mE cE I�x:��+r� Ion En:Emnlx ssnN'�Y[. A[B..B mTE rO{,, Bo '
E.c
,..ee rzn m . pclNr rn N n'etsr ux[ cr cN.uc xx v.[; .ILL N °+BTMeI muca°
ocsi'uru lr>Yuccwce eo.[�i.BREill
o[sL+NEx�Emerc 00 rn cauxsr..uoNc suB �BB.Ba' 4 v�Pp\
„pia„"Hrz„r p,t r° mE ,.n'Y.. NBrrr'sr'Y )059.>5' yO\♦
u+°o 1! :- J I -IT E `xE" roN
TO[n" xNa . rs+: mEN°e 7. `• Y,9,rsB r[E r L'x.: n •Len N L a
TO :°al-x I]: B IIm +L.a m x:nm'I'i c°nI o 5crox
raN4v]cBNnxe`c N+TMcua�:�z+sn c.`o"vmn�cccs.n�¢i^, a :B rtn 1 � u-u-_BB-eB[ j Sio
z4; cE
n 4 PBwi cH m[ cE t[NUNE cr :•:.r.Yr. unE xwu in' Pncs�mvx Nur-vn°rxJ: _
TIENCE N+a'Ir°4-x. IE- -1. •Scx: :r.iB Qx•.auxc mn.cE n;ne'°B'E, 9.,5 ren: - ]
xQ u.B'IT. IIEE[ IB ,ec 1Ec: ,nn _ 5 n, ,v-------------------J°PARCEL A F. {�j,",
m[ � ,cF Iln�51']t' [, NBt,ee rC[i: m[uee x++n•' ,^ � '
BB+e+ rcE, i0 rNE xarv, cr 0 clNNix; <N[ ccr,i=lxn,c I--,9.0 >:Nc. O ti '^ tOTAL PARCFL ACREAGE n Y \
m IJ).388 A— \ d% nnvmna,
s„Bxm ro wE n�cNrs :r mE E�.Pur Ix :,+«IN. L«[ n,.B "' f g
_ L OAKLAND COUNTY
CHILDRENS VILLAGE PARCEL o +---_--u �]°c ,B-------' r1's�' OTC RECCREAATIION
(PARCEL 8) i f - ^ �' e�.yd��,� DESICNAND
r.s surrittci------------------J ! n DEVELOPMENT
Y� II"IEPI OVy, ,t1 in_.�
TS 00'
A. 3)Qe4'
I.1CAT o TIE
R.-IBi261' .�
PMncutuLr c[e-Pm[°fc: is-.,�_---------------- N 0.�SG'SB'BT•
56a)9' - �' CH, aRG�ST)9T'TYW
1 se)25'TO"w 8 1 a° crt-esB.n, GWebster
Nraz•GD•'w t _,r_ _,.,r I Engineers,
veers Inc.
x< r a
..F.
cEr 1.... o
7ICI
111
t Bx mIrsrlcNm"INE FB Yx , m IQ BEPow
NNING POINT tK
IIIur [ rc m[ va ,i or PARC D A 1PIROa
.uxi..Nc ++,•c +cn[ ,I Y •rvz NH ]31 W I Y�--�' r •°
uN [c, TO mE n °n,, cr m[ PS 1 N-IIII,. —,,[ r TO{ 84 5 1 •r )J) lJl 5eM5'10"W ff6650' �arT^•15 . T'S9 a5
� „v..,> u Y Na125'N"f 531. )D' r. x ' ,.. hdTLSi�[ rlLu.S✓' I �SaJX 4'.'.`,'IY ID>1L'a
\\ \ I] i•�A1006 Y>3 uam'rim.
\ \ ?r SKETCH OF
�R>o OVERALL
n COMBINED
DESCRIPTION
nuN " ' �\\ N'a vlwcEcompEEx
�yl NT 644s�E \y \ F WATERFORp OAKS
CCU
NTI PARK
ys TOTAL PARCEL ACREAGE (n�bM 1 IA I N Y
�a VI 4i.156 ACRES ISrin+na mmelne.I�armlA IA
� W \ •ryy tiry
90 � tih ptg
I 90 sur? a4� SN p '. i
BOA vv d I_:
_ � cryNrytiuL I� �o
9u.LE
9HEn:
2009 CHRISTMAS TREE RECYCLING PROGRAM
NUMBER OF TREES RECYCLED
Waterford Oaks
181
White Lake Oaks
332
Groveland Oaks
62
Springfield Oaks
87
Addison Oaks
87
Red Oaks
67
Catalpa Oaks
39
Glen Oaks
378
Lyon Oaks
138
Orion Oaks
898
Independence Oaks
312
Total Trees 2,581
EXPENSES
Chipper Operation Hours 33
Park Employee Hours 56 $1567.23
($17.92/lrrs x 56/hours + 59% Fringe)
Chipper Diesel Fuel 16 gal $28.80
(16 x $1.80/gal)
Truck Gas Fuel 46 gal $55.20
(46 x $1.20/gal)
Trusty Hours (4 Men) 224 hrs (4 men x 8 hrs x 7 days)
Average tree per hour 78
Total hours worked 280
Trusty Labor $0
Trusty Supervision (OCSO) $1,176 (56/hrs X $21 (deputy)
Trusty Lunch $35
Total Cost $2,862.23
20G-1
Michigan Legislature Page 1 of 1
MICHIGAN LEGISLATURE(www.legislature.mi.gov)
Printed on Friday, January 30, 2009
Michigan Compiled Laws Complete Through PA 502, 525, 538, 544, 546, and 584 of 2008
Senate Bill 0054 (2009)
Sponsors Michael Switalski - (primary)
Raymond Basham, Gilda Jacobs
Categories Trade, containers; Environmental protection, litter; Environmental protection,
recycling
Trade; containers; beverages and beverage containers subject to bottle deposit; expand.
Amends sec. 1 of 1976 IL 1 (MCL 445,571).
Last Action: 01/27/2009 - REFERRED TO COMMITTEE ON NATURAL RESOURCES AND
ENVIRONMENTAL AFFAIRS
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liournal
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1/27/2009
SJ 2 Pg. 25
REFERRED TO COMMITTEE ON NATURAL RESOURCES AND
ENVIRONMENTAL AFFAIRS
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20H-1
http://www.legislature.mi. gov/(S(a53 gOf55c34u3 gmyun4njl45))/milegPrint.aspx?page=Bil... 1 /30/2009
UPCOMING EVENTS
Independence Oaks
Jan. 17, February 14, 28, March 14, 28
2009 Snow Trekker Snowshoe Schools
Independence Oaks Nature Center
Feb 21 - Winter Star Party, 8-10 p.m.
Addison Oaks
Feb. 21-22 - The 24-hour Experience for Women
MARVAC Camper and RV Show, Rock Financial Showplace, Novi
Feb. 11 - 15, 2009
201-1