HomeMy WebLinkAboutAgendas/Packets - 2009.11.04 - 401732800 Watkins Lake Road • Bldg 97W • Waterford, MI 48328-1917
248.858.0906 • 1.888.00PARKS • www.Destination0akland.com
mum
COUNTY PARK
October 29, 2009
Oakland County Parks
and Recreation Commission
Oakland County, Michigan
Commissioners:
A meeting has been called of the Oakland County Parks and Recreation Commission as
follows:
PLACE ............................. Oakland County Parks and
Recreation Commission
Red Oaks Golf Course
Clubhouse
29600 John R, Madison Heights
TIME .............................. Wednesday, November 4, 2009
9:00 a.m.
PURPOSE .......................... Regular Meeting
This meeting has been called in accordance with the authorization of Chairman Pecky D.
Lewis, Jr. of the Oakland County Parks and Recreation.
Sincerely,
Pecky D. Lewis, Jr.
C�
Chairman
Richard Skarritt Daniel J. Stencil
Vice Chairman Executive Officer
J. David VanderVeen
Secretary
Tim Burns
Gerald A. Fisher Next Meeting:
Robert Kostin
Christine Long
John P. McCulloch
Charles Palmer
'ohn Scott
aniel J. Stencil
Executive Officer
Wednesday, Dec. 2, 2009 at Oakland County Parks and Recreation
Commission Administration Building
D:\$Data\My documents\COMMISSION\agendaltr.doc
0 ur mission is to provide recreational, leisure and learning experiences that enhance quality of life.
Commission Meeting
and Recreation R
ounty Parks urs29600 John
Red Oaks Golf Coe 29 480'71
Oakland C �,ts,
Madison Heber 4,2 009
Nove A
e wired
Action R
to Order 9:00 A.M.
Call Meeting
1. Pledge of Allegiance
2 Roll Call e2009
ments from October 7
3 public Com Mutes
4. Commission Meeting
5 Activity Rep
ort for
October (FM 1' FY 10)
tJ date:lnformatiorl logy
6. Staff P
6uage Resolution
� $allot Lanb
S. 'Resolution - Leases
depend ce Oaks
tial en
A. Residen
Patrick White Lak Ogg - Oaks
Brian Ratledge —Glen
Kathy Renaud — Oaks
owland—waterf Ernst Waterford Oaks
Ila R Vogel &Ryan'
Adam yaks
B. Barn Lease st - Waterford eless Tower
Steven Ern Easement for W it
gfield Oaf Htility
9 . ReSO�ti� �
s BoardwalkProgxamVideo
exlzo
B V n
C.
DTE t
d Coun y �
10. Presentations ���
11 • Closed Session
12. Executive Officer's Rep°rt
13. Old Business
14. Nev? Brn to park our 30 Minutes
15 • AdJ°
Approval
Informational
T,nfoxmatrOnal
Approval
APPrOval
Approval
Approval
Informational
Informational
presenter/Phone 6465911
p Lewis1248.
S Kici124g.958.4603
I Geei248.343'316514647
3 Dunleavyl248•858.
p Castonia(248.858.0909
1)Siege11248.858.1893
Mackey/248.431.1269
p Castonaa 0555
3' HH h on1248.858.5380
M
D°nnellonl249..58 4623
M•
M Kughson
3. 49441
D. Stenci11248•858. 4111
M pxowSe1248.858.
D. Stencil
OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING
October 7, 2009
Chairman Pecky D. Lewis, Jr. called the meeting to order at 9:06 a.m. in the commission room of the
Parks Commission's administration office.
COMMISSION MEMBERS PRESENT:
Chairman Pecky D. Lewis, Jr., Vice Chairman Richard Skarritt, Secretary J. David VanderVeen,
Tim Burns, Gerald Fisher, Robert Kostin, John McCulloch, Charles Palmer, John Scott
COMMISSION MEMBERS EXCUSED:
Christine Long
ALSO PRESENT:
Parks and Recreation
Oakland County Fiscal Services
Oakland County Purchasing
Oakland County Health & Human Services
Central Michigan University
Michigan Works! JobLink
PUBLIC COMMENTS:
There were no public comments.
APPROVAL OF MINUTES:
Daniel Stencil, Executive Officer
Sue Wells, Manager of Parks & Rec. Operations
Mike Donnellon, Chief -Parks Fac., Maint. & Dev.
Phil Castonia, Business Development Rep.
Melissa Prowse, Business Development Rep.
Stephanie Mackey, Business Development Rep.
Chris Moshier, User Support Specialist
Jim Dunleavy, Chief -Parks Maint. & Ops. North
Larry Gee, Chief -Parks Maint. & Ops. South
Colin Gibbs, Crew Chief
Karen Kohn, Supervisor -Administrative Services
Desiree Stanfield, Supervisor -Communications
Cindy Weil, Technical Aide
Terry Fields, Chief -Recreation Programs & Services
Sheila Cox, Capital Improvement Coordinator
Jack Smith, Manager
George Miller, Director
Patty Janes, Professor
Margaret Kelley, Program Manager
Moved by Mr. Palmer, supported by Mr. Scott to approve the minutes of the regular
meeting of September 2, 2009, as written.
AYES: Fisher, Kostin, Lewis, McCulloch, Palmer, Scott, Skarritt (7)
NAYS: (0)
Motion carried on a voice vote.
4-1
(Commission Meeting, October 7, 2009)
APPROVAL OF PAYMENTS:
Moved by Mr. Scott, supported by Mr. Kostin to approve the Internal Service &
Department Funds Payment Registerforthe month endinggAugust 31, 2009 (FM 11 ,
FY2009), and the Voucher Payment Register for the month ending August 31, 2009
(FM 11, FY2009).
AYES: Fisher, Kostin, Lewis, McCulloch, Palmer, Scott, Skarritt (7)
NAYS: (0)
Motion carried on a voice vote.
COMBINED STATEMENT OF OPERATIONS:
Moved by Mr. Kostin, supported by Mr. Skarritt to approve the Combined Statement
of Operations for the month ending August 31, 2009 (FM 11, FY2009).
AYES: Fisher, Kostin, Lewis, McCulloch, Palmer, Scott, Skarritt (7)
NAYS: (0)
Motion carried on a voice vote.
ACTIVITY REPORT:
The activity report for September, 2009 (FM 12, FY2009) was accepted as filed.
Staff will provide comparison percentages and 18-hole golf equivalents on all future activity reports.
PRESENTATIONS:
Executive Officer Dan Stencil, on behalf of the Oakland County Parks and Recreation Commission,
presented an appreciation award to Margaret Kelley and the Michigan Works! JobLink Program for
providing the Oakland County Parks with seven employees during summer 2009. The students
worked at Independence Oaks, Waterford Oaks and the Administration complex, learning job skills
for future careers.
Director of Oakland County Department of Health and Human Services George Miller presented
Parks Crew Chief Colin Gibbs and Chief of Operations & Maintenance — South District Larry Gee
with a plaque of appreciation for their outstanding effort in restoring the Children's Village baseball
diamond and playing field that had fallen into severe disrepair. The field is used daily by boys and
girls in residence at the village.
PARKS PROMOTIONAL ITEMS AND DONATION REQUEST POLICY:
Moved by Mr. Fisher, supported by Mr. Palmer to approve the Parks Promotional Items and
Donation Request Policy as amended.
AYES: Bums, Fisher, Kostin, Lewis, McCulloch, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
4-2
(Commission Meeting, October 7, 2009)
Motion carried on a voice vote.
RED OAKS DOG PARK CONSTRUCTION UPDATE:
Mike Donnellon, Chief of Facilities, Operations and Maintenance, provided an update to the Red
Oaks Dog Park Construction project. Staff received Commission approval for this project at the May
6, 2009 Commission meeting to utilize an existing contract through the Oakland County Water
Resource Commission's Contract 6b with Six-S Construction.
After issues arose with the existing contractor, the project was bid out competitively. Bids were
received, and the base bid and all alternates totaled $326,235; a $13,906 savings from the original
approved amount of $340,141.
WATERFORD OAKS BARRIER -FREE PLAYGROUND CHANGE ORDER:
Moved by Mr. Skarritt, supported by Mr. Kostin to approve the change order for the
Waterford Oaks Barrier -Free Playground project to deduct the concrete sidewalk portion of
the project from ABC Paving's contract and add it to Clark's Construction Contract, in the
amount of $18,200.
AYES: Bums, Fisher, Kostin, Lewis, McCulloch, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
MEMORANDUM OF UNDERSTANDING — OAK MANAGEMENT:
Moved by Mr. Skarritt, supported by Mr. Kostin to carry forward the Memorandum of
Understanding with Oak Management Corporation to the next meeting, and have
Corporation Counsel review the document.
AYES: Burns, Fisher, Kostin, Lewis, McCulloch, Palmer, Scott, Skarritt, VanderVeen (9)
NAYS: (0)
Motion carried on a voice vote.
SOCIAL NETWORKING PRESENTATION:
Chris Moshier, User Support Specialist II, provided a presentation on social media and networking.
Social media allows people to connect news, ideas, photos and information with each other.
Facebook is the most common social network; it provides free word-of-mouth advertising and is
used to create and engage a local community. Oakland County Parks has implemented Facebook
and Twitter social network sites.
QUARTERLY UPDATES:
Quarterly updates were provided from Oakland County Purchasing, Marketing and Communications
and Marketing Research.
4-3
(Commission Meeting, October 7, 2009)
Commissioners participated in a brain storming session to complete the S.W.O.T. (Strengths,
Weaknesses, Opportunities and Threats) analysis that will provide a direction for staff to pursue
future marketing plans. Results were provided to Patty Janes, CMU Professor, for use in future
marketing initiatives.
EXECUTIVE OFFICER'S REPORT:
In addition to the Executive Officer's report filed in the agenda, the following was noted:
--Executive Officer Stencil displayed a plaque naming the existing Oakland County Parks and
Recreation Commission to be displayed in the administration office lobby. Staff is currently
assembling additional plaques which will provide a legacy of the parks department, and include
former directors and commissioners for the past 42 years.
--The Commission was invited to attend the Master Plan Public Forums scheduled as follows:
• Springfield Oaks Activity Center -
Tuesday, October 20, 4-7 pm
• Waterford Oaks Activity Center -
Tuesday, October 27, 4-7 pm
• Red Oaks Clubhouse -
Tuesday, November 3, 4-7 pm
• Addison Oaks Conference Center -
Tuesday, November 10, 4-7 pm
OLD BUSINESS:
None.
NEW BUSINESS:
None.
The meeting adjourned at 11:06 a.m.
The next commission meeting will be held at 9 a.m. on Wednesday, November 4 at the Red
Oaks Clubhouse, 29600 John R Road, Madison Heights.
J. David VanderVeen, Secretary Suzanne L. Kici, Recording Secretary
4-4
ITEM #5
OCTOBER ACTIVITY REPORT
Due to the end of the month being Saturday, October 31, copies of the
activity report will be distributed at the meeting.
5-1
p,
ACTIVITY REPORT
October 2009 (FM1, FY2010)
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 PARK
Day Use
Dog Park
RED OAKS PARK
Dog Park
ROSE OAKS PARK
Day Use
SPRINGFIELD OAKS ACTIVITY CENTER
Day Use
4-H Fair
*Banquet Facilities
WATERFORD OAKS
Activity Center - non banquet
*Banquet Facilities - Activity Center
Day Use
TOTAL CAMPERS
TOTAL DAY USE
TOTAL DAY CAMPERS
TOTAL OVERNIGHT YOUTH GROUP CAMPERS
TOTAL DOG PARK
TOTAL 4-H FAIR
TOTAL ACTIVITY CENTER -NON BANQUET
*Not included in program totals -only in combined totals.
In-house events are counted in facility totals.
6,292
5,800
-7.8%
6,292
5,800
-7.8%
2,262
1,729
-23.6%
2,262
1,729
-23.6%
0
0
N/A
0
0
N/A
3,667
2,805
-23.5%
3,667
2,805
' -23.5%
8,654
6,845
-20.9%
8,654
6,845
-20.9%
0
0
N/A
0
0
N/A
0
0
N/A
0
0
N/A
0
0
N/A
0
0
N/A
426
865
102.9%
426
865
102.9%
22,684
15,040
-33.7%
22,684
15,040
-33.7%
0
0
N/A
0
0
N/A
0
186
N/A
0
186
N/A
1,314
1,202
-8.5%
1,314
1,202
-8.5%
5,257
4,808
-8.5%
5,257
4,808
-8.5%
3,906
2,993
-23.4%
3,906
2,993
-23.4%
2,370
4,705
98.5%
2,370
4,705
98.5%
0
0
N/A
0
0
N/A
471
994
111.0%
471
994
111.0%
700
925
32.1 %
700
925
32.1 %
0
0
N/A
0
0
N/A
5,991
3,351
-44.1 %
5,991
3,351
-44.1 %
640
575
-10.2%
640
575
-10.2%
410
658
60.5%
410
658
60.5%
1,108
417
-62.4%
1,108
417
-62.4%
6,292
5,800
-7.8%
6,292
5,800
-7.8%
41,525
31,010
-25.3%
41,525
31,010
-25.3%
0
0
NIA
0
0
N/A
0
186
NIA
0
186
NIA
7,627
9,513
24.7%
7,627
9,513
24.7%
0
0
NIA
0
0
NIA'
640
575
-10.2%
640
575
-10.2%
1 of
11/3/2009
ACTIVITY REPORT .
October 2009 (FM1, FY2010)
GLEN OAKS
Rounds Played - 9 Holes
Rounds Played -18 Holes
Rounds Played - 18 Hole Equivalent
*Banquet Facilities
**Grill Room (**Not included in totals)
LYON OAKS
Rounds Played - 9 Holes
Rounds Played - 18 Holes
Rounds Played - 18 Hole Equivalent
Driving range
*Banquet Facilities
**Grill Room (**Not included in totals)
RED OAKS
Rounds Played - 9 Holes (Closed 09 Season)
SPRINGFIELD OAKS
Rounds Played - 9 Holes
Rounds Played - 18 Holes
Rounds Played - 18 Hole Equivalent
**Grill Room ("`Not included in totals)
WHITE LAKE OAKS
Rounds Played - 9 Holes
Rounds Played - 18 Holes
Rounds Played - 18 Hole Equivalent
*Banquet Facilities
**Grill Room (**Not included in totals)
TOTAL ROUNDS PLAYED - 9 HOLES
TOTAL ROUNDS PLAYED -18 HOLES
TOTAL ROUNDS PLAYED -18 HOLE EQUIV.
TOTAL DRIVING RANGE
1,199
1,380
15.1%
1,199
1,380
15.1%
629
486
-22.7%
629
486
-22.7%
1,229
1,176
-4.3%
1,229
1,176
-4.3%
2,876
3,166
10.1 %
2,876
3,166
10.1 %
569
397
-30.2%
569
397
-30.2%
157
88
-43.9%
157
88
-43.9%
1,511
742;
-50.9%
1,511
742
-50.9%
1,590
786
-50.6%
1,590
786
-50.6%
744
457
-38.6%
744
457
-38.6%
2,011
1,506
-25.1%
2,011
1,506
-25.1%
2,466
2,397
-2.8%
2,466
2,397
-2.8%
1,112
0
-100.0%
1,112
0
-100.0%
506
407
-19.6%
506
407
-19.6%
1,350
1,023
-24.2%
1,350
1,023
-24.2%
1,603
1,227
-23.5%
1,603
1,227
-23.5%
884
525
-40.6%
884
525
-40.6%
1,079
1,105
2.4%
1,079
1,105
2.4%
534
489
-8.4%
534
489
-8.4%
1,074
1,042
-3.0%
1,074
1,042
-3.0%
1,515
1,600
5.6%
1,515
1,600
5.6%
780
373
-52.2%
780
373
-52.2%
4,053
2,980
-26.5%
4,053
2,980
-26.5%
4,024
2,740
-31.9%
4,024
2,740
-31.9%
61051
4,230
-30.1%
6,051
4,230
-30.1%
744
457
-38.6%
744
457
-38.6%
*Not included in program totals -only in combined totals.
In-house events are counted in facility totals.
2 of 4 11/3/2009
ACTIVITY REPORT
October 2009 (FM1, FY2010)
MOBILE RECREATION
Bleachers
Inflatables
Bus
Climbing Wall/Tower
Dunk Tank
Inline Skate Mobile/Hockey Mobile
Puppet
Show Mobile
Adventure Sport Mobile
Tents
Camps
Miscellaneous
WATERFORD OAKS BMX
WATERFORD OAKS COURT GAMES COMPLEX
WATERFORD OAKS FRIDGE
WATERFORD OAKS LOOKOUT LODGE
WATERFORD OAKS WATERPARK
RED OAKS WATERPARK
THERAPEUTIC EVENTS
SENIOR EVENTS
TOTAL MOBILE RECREATION VISITS
TOTAL FACILITIES AND SPECIAL EVENTS
3
8
166.7%
3
8
166.7%
2,905
2,400
-17.4%
2,905 ''
2,400
-17.4%
1,350
1,035
-23.3%
1,350
1,035
-23.3%
1,100
900
-18.2%
1,100
900
-18.2%
0
0
N/A
0
0
N/A
0
0
N/A
0
0
N/A
340
850
150.0%
340
850
150.0%
10
14
40.0%
10 "
14
40.0%
160
160
0.0%
160
160
0.0%
11
0
-100.0%
11
0
-100.0%
0
0
N/A
0
0
N/A
0
1
N/A
0
1
N/A
0
0
N/A
0
0
N/A
204
304
49.0%
204
304
49.0%
0
0
N/A
0
0
N/A
465
175
-62.4%
465
175
-62.4%
0
0
N/A
0
0
N/A
0
0
N/A
0
0
N/A
709
498
-29.8%
709
498
-29.8%
0
0
N/A
0
0
N/A
5,879
5,368
-8.7%
5,879
5,368
-8.7%
1,378
977
-29.1%
1,378
977
-29.1%
*Not included in program totals -only in combined totals.
In-house events are counted in facility totals. 3 of 4 11/3/2009
ACTIVITY REPORT
October 2009 (FM1, FY2010)
ENVIRONMENTAL PROGRAM - INDEPENDENCE OAKS
Nature Center
1,771
1,350
-23.8%
1,771
1,350
-23.8%
Outreach Visits
1,350
71
-94.7%
1,350
71
**Trail Usage ('"Not included in totals)
9,027
8,585
-4.9%
9,027
8,585
-4.9%
ENVIRONMENTAL PROGRAM - LYON OAKS
Nature Center
363
360
-0.8%
363
360
-0.8%
Outreach Visits
172
0_
-100.0%
172
0
-100.0%
**Trail Usage (**Not included in totals)
1,224
1,124
-8.2%
1,224
1,124
-8.2%
TOTAL NATURE CENTERS
2,134
1,710
-19.9%
2,134
1,710
-19.9%
TOTAL OUTREACH VISITS
1,522
71
-95.3%
1,522
71
-95.3%
• ® •
•
'
DAY USE PARKS
56,084
47,084
-16.0%
56,084
47,084
-16.0%
GOLF COURSES
8,821
6,177
-30.0%
8,821
6,177
-30.0%
RECREATION, FACILITIES AND SPECIAL EVENTS
7,257
6,345
-12.6%
7,257
6,345
-12.6%
NATURE INTERPRETIVE SERVICES
3,656
1,781
-51.3%
3,656
1,781
-51.3%
BANQUET FACILITIES
16,470
13,086
-20.5%
16,470
13,086
-20.5%
GRAND TOTALS
92,288
74,473
-19.3%
92,288
74,473
-19.3%
*Not included in program totals -only in combined totals.
In-house events are counted in facility totals. 4 of 4 11/3/2009
ITEM #6
STAFF REPORT
INFORMATION TECHNOLOGY
Phil Gastonia, Business Development Representative, and Dawn Siegel,
Supervisor II with Information Technology, will present a brief update on the
Information Technology plan.
6-1
ITEM #7
RESOLUTION
PROPOSED BALLOT LANGUAGE — 2010 MILLAGE RENEWAL
Attached is the resolution containing the proposed ballot language for the
2010 millage renewal election. Staff is requesting Commission approval of this
resolution which will then be forwarded to the Oakland County Board of
Commissioners for the August 3, 2010 election process.
The current revenue projection provided by Oakland County Management
and Budget for the .2415 mill is $10,900,000 for 2012.
It is recommended by Oakland County Management and Budget and
Parks staff that this projection be updated with 2010 values when available from
the Equalization department in April 2010.
7-1
PR09-015
RESOLUTION
2010 MILLAGE RENEWAL BALLOT QUESTION
WHEREAS, the one -quarter voted millage for the Oakland County Parks and
Recreation areas in Oakland County will expire after the year 2011; and
WHEREAS, the mission of the Oakland County Parks and Recreation
Commission is to "deliver quality parks, recreation, facilities, programs, services and
maintenance through a dedicated professional Park Commission and staff that listen to
the needs of citizens, create innovative parks, recreation facilities and programs and
increase the quality of life for the residents of Oakland County;" and
WHEREAS, in a 2008 county -wide survey, there were three actions that at least
50% of respondents were very supportive of the Oakland County Parks and Recreation
Commission taking, including: fix-up/repair older park buildings/shelters/playgrounds,
purchase land to preserve open space and protect the environment, and purchase land
to develop walking and biking trails; and
WHEREAS, continued millage funding will be necessary in order to meet the
goals of the mission and the needs of the citizens; and
WHEREAS, Oakland County Corporation Counsel has reviewed and approved
the proposed ballot language.
NOW THEREFORE BE IT RESOLVED, the Oakland County Parks and
Recreation Commission hereby recommends the Oakland County Board of
Commissioners approve the following question be placed on the ballot at the August 3,
2010 Primary Election for the continuation of the millage at the current rate of 0.2415
mill for an additional ten (10) years for the purpose of operating, maintaining, improving
and acquiring parks and recreation areas and facilities in Oakland County:
The Oakland County Parks and Recreation Commission was
created in 1966 pursuant to Public Act 261 of 1965. Since 1967, there
has been a separately dedicated parks and recreation millage. The
current millage will expire on December 31, 2011.
Accordingly, shall the current millage of .2415 mills, for the purpose
of operating, maintaining, improving and acquiring parks and recreation
areas and facilities in Oakland County, Michigan, be renewed for a period
7-2
of ten (10) years from 2012 to 2021? The .2415 mills is equal to $0.2415
per $1,000.00 of taxable value. The millage, if renewed, will generate
approximately <insert $ amount based on 2010 values > in 2012.
Revenue from this millage will be disbursed only to the County of Oakland
to be used solely for the purpose of funding the Oakland County Parks
and Recreation Commission.
This renewal is a continuation of the previous increase of the
constitutional tax limitation on the total amount of general ad valorem
taxes which may be imposed each year for all purposes upon taxable
property in Oakland County, Michigan as set forth in Section 6, Article 9 of
the Michigan Constitution.
Moved by
Supported by
Date
7-3
ITEM #8A&B
RESIDENTAL/PROPERTY LEASE AGREEMENTS
The Oakland County Parks and Recreation Commission currently leases
its residential properties within the parks system. The attached lease
agreements have been prepared by Oakland County Corporation Counsel and
offer the option of renewal up to four times, for a total of five years. Also
attached is the lease agreement for the barn and a 10'x 50' parcel of land directly
north of the barn located at 1580 Scott Lake Road in Waterford Township, for
one five-year term.
Staff recommends adopting the attached resolutions in support of the
lease agreements, 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.
8-1
P R09-012
RESOLUTION
RESIDENTIAL LEASES
WHEREAS, the Oakland County Parks and Recreation Commission currently
leases the following residential properties within the Oakland County Parks system:
• Patrick Ogg, 9489 Sashabaw Road, Clarkston, MI 48348
• Brian Ratledge, 1540 Orchard Street, White Lake, MI 48386
• Kathy Renaud, 30500 Thirteen Mile Road, Farmington Hills, MI 48334
• Ila Rowland, 2866 Watkins Lake Road, Waterford, MI 48328
• Adam Vogel & Ryan Ernst, 1580 Scott Lake Road, Waterford, MI 48328; 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 fiscally
sustainable parks system; and
WHEREAS, the current leases are only a one year term; and
WHEREAS, these lease agreements 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, these lease agreements have 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 agreements 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 agreements on behalf of the County of Oakland.
Moved by
Supported by
Date
8-2
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 January 1, 2010, between the County of
Oakland, 1200 North Telegraph, Pontiac, MI 48341 ("Landlord") and Patrick T. Ogg, 9489
Sashabaw Road, Clarkston, MI 48348 ("Tenant") according to the terms and conditions set forth
below.
1. Premises. The Tenant leases fiom landlord the real property located at 9489 Sashabaw
Road, Clarkston, MI 48348 ("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 five (5) years, beginning on January 1, 2010
and ending on December 31, 2014. Tenant shall receive possession of the Premises upon
execution of the Lease.
3. Rent.
3.1 Tenant shall pay Landlord, by check or money order, the following rent on or
before the first day of each month during the term of this Lease:
January 1, 2010 -
December 31, 2010
$880.00
per month
January 1, 2011
- December 31, 2011
$898.00
per month
January 1, 2012
- December 31, 2012
$916.00
per month
January 1, 2013
- December 31, 2013
$934.00
per month
January 1, 2014
- December 31, 2014
$953.00
per month
3.2 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 funds must be
paid at the place designated for payment, by cashier's check, certified check, or
money order.
Ogg --Residential Lease - 102609.doc
8-3
3.3 The rent payment shall be delivered to Landlord at the following address:
Oakland County Parks and Recreation, 2800 Watkins Lake Road, Waterford, MI
48328 or another address designated by Landlord in writing.
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 during the term of this Lease without the prior
written approval of the Landlord: Patrick Damman.
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. Tenant Responsibilities.
5.1 To the extent provided by law, the Tenant shall use his or her best efforts to
secure and protect Independence Oaks Park Property and facilities, especially
during "Park Closed" hours. This shall include contacting and coordinating with
2
Ogg --Residential Lease - 102609.doc
police, fire, or other agencies as may be required and the preparation of an "Usual
Incident Report" as required by Landlord.
5.2 The Tenant shall arrange for emergency repairs and maintenance services for
Independence Oaks Park Property and Facilities as needed.
5.3 The Tenant shall make reports to the Park Supervisor or other individual as may
be required by the Landlord.
6. 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.
7. 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.
8. Maintenance, Repairs, and Damage to Premises.
8.1. 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.
8.2. Landlord shall be responsible for snow removal and lawn services for the
Premises.
8.3. Landlord shall provide repair and maintenance for the Premises. Tenant shall
notify Landlord when there is a need for repairs to the Premises.
8.4. 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.
9. 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 future 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.
Ogg --Residential Lease - 102609.doc
8-4
10. Assignment and Sublease of Premises. Tenant shall not assign or sublease the Premises
or any portion thereof.
11. 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.
12. 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.
13. 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.
14. 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
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.
15. 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.
16. Termination of Lease.
16.1. Tenant may terminate this Lease for any reason upon thirty (30) days written
notice to Landlord.
4
Ogg --Residential Lease - 102609.doc
16.2. 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.
16.3. Landlord may terminate this Lease for any reason upon ninety (90) days written
notice to Tenant.
17. Default of Lease and Landlord's Remedies.
17.1 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.
17.2 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
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:
5
Ogg --Residential Lease - 102609.doc
8-5
18. 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.
19. 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: Patrick T. Ogg
9489 Sashabaw Road
Clarkston, MI 48348
Landlord: Oakland County Department of
Facilities Management Property Management
One Public Works Drive, Bldg. 95W
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.
20. Modifications. No modifications of this Lease shall be binding unless they are in writing
and signed by Landlord and Tenant.
21. 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.
22. BindingEffect. ffect. This Lease shall bind and benefit the parties to the Lease and their heirs,
personal representatives, successors, and permitted assigns.
23. 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
circumstances other than those for which it is invalid, unlawful, or unenforceable are not
affected.
6
Ogg --Residential Lease - 102609.doc
24. Time of the Essence. Time shall be deemed to be of the essence in the performance of
this Lease.
25. Effective Date. This Lease is effective on the date stated in Section 2.
TENANT
Date
LANDLORD
7
Ogg --Residential Lease - 102609.doc
8-6
Date
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 January 1, 2010, between the County of
Oakland, 1200 North Telegraph, Pontiac, MI 48341 ("Landlord") and Brian Ratledge, 1540
Orchard Street, White Lake, MI 48386 ("Tenant") according to the terms and conditions set forth
below.
1. Premises. The Tenant leases from Landlord the real property located at 1540 Orchard
Street, White Lake, MI 48386 ("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 five (5) years, beginning on January 1, 2010
and ending on December 31, 2014. Tenant shall receive possession of the Premises upon
execution of the Lease.
3. Rent.
3.1 Tenant shall pay Landlord, by check or money order, the following rent on or
before the first day of each month during the term of this Lease:
January 1, 2010 -
December 31, 2010
$405.00
per month
January 1, 2011-
December 31, 2011
$413.00
per month
January 1, 2012 -
December 31, 2012
$421.00
per month
January 1, 2013 -
December 31, 2013
$430.00
per month
January 1, 2014
- December 31, 2014
$438.00
per month
3.2 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 funds must be
Ratledge--Residential Lease - 102609.doc
8-7
paid at the place designated for payment, by cashier's check, certified check, or
money order.
3.3 The rent payment shall be delivered to Landlord at the following address:
Oakland County Parks and Recreation, 2800 Watkins Lake Road, Waterford, MI
48328 or another address designated by Landlord in writing.
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 during the term of this Lease without the prior
written approval of the Landlord: Mary Sue Ratledge.
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.
2
Ratledge--Residential Lease - 102609.doc
5. Tenant Responsibilities.
5.1 To the extent provided by law, the Tenant shall use his or her best efforts to
secure and protect White Lake Oaks Park Property and facilities, especially
during "Park Closed" hours. This shall include contacting and coordinating with
police, fire, or other agencies as may be required and the preparation of an "Usual
Incident Report" as required by Landlord.
5.2 The Tenant shall arrange for emergency repairs and maintenance services for
White Lake Oaks Park Property and Facilities as needed.
5.3 The Tenant shall make reports to the Park Supervisor or other individual as may
be required by the Landlord.
6. 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.
7. 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.
8. Maintenance Repairs, and Damage to Premises.
8.1. 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.
8.2. Landlord shall be responsible for snow removal and lawn services for the
Premises.
8.3. Landlord shall provide repair and maintenance for the Premises. Tenant shall
notify Landlord when there is a need for repairs to the Premises.
8.4. 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.
9. 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
Ratledge--Residential Lease - 102609.doc
Premises without prior written consent from Landlord. Landlord's consent to a particular
decoration or alteration shall not be deemed consent to future 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.
10. Assignment and Sublease of Premises. Tenant shall not assign or sublease the Premises
or any portion thereof.
11. 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.
12. Vacation or Abandonment of the Premises. If Tenant removes substantially all Tenant's
property from the Premises, Landlord may in 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.
13. 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.
14. 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
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.
15. 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.
4
Ratledge--Residential Lease - 102609.doc
16. Termination of Lease.
16.1. Tenant may terminate this Lease for any reason upon thirty (30) days written
notice to Landlord.
16.2. 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.
16.3. Landlord may terminate this Lease for any reason upon ninety (90) days written
notice to Tenant.
17. Default of Lease and Landlord's Remedies.
17.1 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.
17.2 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
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:
18. 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
5
Ratledge--Residential Lease - 102609.doc
•
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.
19. 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: Brian Ratledge
1540 Orchard Street
White Lake, MI 48386
Landlord: Oakland County Department of
Facilities Management Property Management
One Public Works Drive, Bldg. 95W
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.
20. Modifications. No modifications of this Lease shall be binding unless they are in writing
and signed by Landlord and Tenant.
21. Whole Ajzreement. 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.
22. BindingEffect. ffect. This Lease shall bind and benefit the parties to the Lease and their heirs,
personal representatives, successors, and permitted assigns.
23. 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
circumstances other than those for which it is invalid, unlawful, or unenforceable are not
affected.
24. Time of the Essence. Time shall be deemed to be of the essence_ in the performance of
this Lease.
25. Effective Date. This Lease is effective on the date stated in Section 2.
6
Ratledge--Residential Lease - 102609.doc
TENANT
Date
LANDLORD
Date
Ratledge--Residential Lease - 102609.doc
HZE
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 January 1, 2010, between the County of
Oakland, 1200 North Telegraph, Pontiac, MI 48341 ("Landlord") and Kathy Renaud 30500
Thirteen Mile Road, Farmington Hills, Michigan 48334 ("Tenant") according to the terms and
conditions set forth below.
Premises. The Tenant leases from landlord the real property located at 30500 Thirteen
Mile Road, Farmington Hills, Michigan 48334, specifically described as the second floor
two bedroom apartment in the Glen Oaks Clubhouse ("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 five (5) years, beginning on January 1, 2010
and ending on December 31, 2014. Tenant shall receive possession of the Premises upon
execution of the Lease.
3. Rent.
3.1 Tenant shall pay Landlord, by check or money order, the following rent on or
before the first day of each month during the term of this Lease:
January 1, 2010 -
December 31, 2010
$343.00
per month
January 1, 2011
-December 31, 2011
$443.00
per month
January 1, 2012
- December 31, 2012
$543.00
per month
January 1, 2013
- December 31, 2013
$610.00
per month
January 1, 2014
- December 31, 2014
$622.00
per month
3.3 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
1
Renaud --Residential Lease - 102609.doc
8-11
payments to cover checks that have been returned for insufficient funds must be
paid at the place designated for payment, by cashier's check, certified check, or
money order.
3.3 The rent payment shall be delivered to Landlord at the following address:
Oakland County Parks and Recreation, 2800 Watkins Lake Road, Waterford, MI
48328 or another address designated by Landlord in writing.
4. Use of Premises.
4.1. The Tenant shall use the Premises for private residential purposes only. No
persons shall occupy the Premises for more than fourteen (14) days during the
term of this Lease without the prior written approval of the Landlord.
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
2
Renaud --Residential Lease - 102609.doc
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
anIy lost or broken keys.
7.2. Landlord shall be responsible for snow removal 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.
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 future 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.
3
Renaud --Residential Lease - 102609.doc
8-12
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
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 for any reason 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.
15.3. Landlord may terminate this Lease for any reason upon ninety (90) days written
notice to Tenant.
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
4
Renaud --Residential Lease - 102609.doc
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
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: Kathy Renaud
30500 Thirteen Mile Road
Farmington Hills, MI 48334
Landlord: Oakland County Department of
Facilities Management Property Management
One Public Works Drive, Bldg. 95W
Waterford, MI 48328
and
Renaud --Residential Lease - 102609.doc
8-13
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. BindingEffect. ffect. 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
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
Date
LANDLORD
6
Renaud --Residential Lease - 102609.doc
Date
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 January 1, 2010, between the County,of
Oakland, 1200 North Telegraph, Pontiac, MI 48341 ("Landlord") and Ila Rowland, 2866
Watkins Lake Road, Waterford, Michigan 48328 ("Tenant") according to the terms and
conditions set forth below.
1. Premises. The Tenant leases from landlord the real property located at 2866 Watkins
Lake Road, Waterford, Michigan 48328 ("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 five (5) years, beginning on January 1, 2010
and ending on December 31, 2014. Tenant shall receive possession of the Premises upon
execution of the Lease.
3. Rent.
3.1 Tenant shall pay Landlord, by check or money order, the following rent on or
before the first day of each month during the term of this Lease:
January 1, 2010
- December 31, 2010
$703.00
per month
January 1, 2011
-December 31, 2011
$717.00
per month
January 1, 2012
- December 31, 2012
$731.00
per month
January 1, 2013
- December 31, 2013
$746.00
per month
January 1, 2014
- December 31, 2014
$761.00
per month
3.2 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 funds must be
Rowland --Residential Lease - 102609.doc
8-14
paid at the place designated for payment, by cashier's check, certified check, or
money order.
3.3 The rent payment shall be delivered to Landlord at the following address:
Oakland County Parks and Recreation, 2800 Watkins Lake Road, Waterford, MI
48328 or another address designated by Landlord in writing.
4. Use of Premises.
4.1. The Tenant shall use the Premises for private residential purposes only. No
persons shall occupy the Premises for more than fourteen (14) days during the
term of this Lease without the prior written approval of the Landlord.
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.
2
Rowland --Residential Lease - 102609.doc
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.
7.2. Landlord shall be responsible for snow removal 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 future 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
3
Rowland --Residential Lease - 102609.doc
8-15
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
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 for any reason 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.
15.3. Landlord may terminate this Lease for any reason upon ninety (90) days written
notice to Tenant.
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
4
Rowland --Residential Lease - 102609.doc
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
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: Ila Rowland
2866 Watkins Lake Road
Waterford, MI 48328
Landlord: Oakland County Department of
Facilities Management Property Management
One Public Works Drive, Bldg. 95W
Waterford, MI 48328
and
5
Rowland --Residential Lease - 102609.doc
8-16
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. BindingEffect. ffect. 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
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
Date
LANDLORD
6
Rowland --Residential Lease - 102609.doc
Date
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 January 1, 2010, between the County of
Oakland, 1200 North Telegraph, Pontiac, MI 48341 ("Landlord") and Adam Vogel and Ryan
Ernst, 1580 Scott Lake Road, Waterford, Michigan 48328 ("Tenant") according to the terms and
conditions set forth below.
1. Premises. The Tenant leases from Landlord approximately one thousand three hundred
ninety two (1,392) square feet of the real property located at 1580 Scott Lake Road,
Waterford, Michigan 48328 ("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 five (5) years, beginning on January 1, 2010
and ending on December 31, 2014. Tenant shall receive possession of the Premises upon
execution of the Lease.
3. Rent.
3.1 Tenant shall pay Landlord, by check or money order, the following rent on or
before the first day of each month during the term of this Lease:
January 1, 2010
- December 31, 2010
$682.50
per month
January 1, 2011-
December 31, 2011
$696.15
per month
January 1, 2012
- December 31, 2012
$710.07
per month
January 1, 2013
- December 31, 2013
$724.27
per month
January 1, 2014 -
December 31, 2014
$738.76
per month
3.2 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 funds must be
Vogel Ernst --Residential Lease - 103009.doc
8-17
paid at the place designated for payment, by cashier's check, certified check, or
money order.
3.3 The rent payment shall be delivered to Landlord at the following address:
Oakland County Parks and Recreation, 2800 Watkins Lake Road, Waterford, MI
48328 or another address designated by Landlord in writing.
4. Use of Premises.
4.1. The Tenant shall use the Premises for private residential purposes only. No
persons shall occupy the Premises for more than fourteen (14) days during the
term of this Lease without the prior written approval of the Landlord.
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. Tenant Responsibilities.
5.1 To the extent provided by law, the Tenant shall use his or her best efforts to
secure and protect the greenhouse located on Waterford Oaks Park Property,
2
Vogel Ernst --Residential Lease - 103009.doc
especially during "Park Closed" hours. This shall include contacting and
coordinating with police, fire, or other agencies as may be required and the
preparation of an "Usual Incident Report" as required by Landlord.
5.2 The Tenant shall arrange for emergency repairs and maintenance services for the
greenhouse located on Waterford Oaks Park Property as needed.
5.3 The Tenant shall make reports to the Park Supervisor or other individual as may
be required by the Landlord.
6. 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.
7. 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.
8. Maintenance Repairs, and Damage to Premises.
8.1. 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.
8.2. Landlord shall be responsible for snow removal and lawn services for the
Premises.
8.3. Landlord shall provide repair and maintenance for the Premises. Tenant shall
notify Landlord when there is a need for repairs to the Premises.
8.4. 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.
9. 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 future decorations or alterations.
Tenant shall not remove any furnishings Landlord furnishes to Tenant, drive nails into the
3
Vogel Ernst --Residential Lease - 103009.doc
8-18
woodwork, or use any adhesive material on the walls without prior written consent from
Landlord.
10. Assignment and Sublease of Premises. Tenant shall not assign or sublease the Premises
or any portion thereof.
11. 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.
12. 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.
13. 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.
14. 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
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.
15. 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.
4
Vogel Ernst --Residential Lease - 103009.doc
16. Termination of Lease.
16.1. Tenant may terminate this Lease for any reason upon thirty (30) days written
notice to Landlord.
16.2. 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.
16.3. Landlord may terminate this Lease for any reason upon ninety (90) days written
notice to Tenant.
17. Default of Lease and Landlord's Remedies.
17.1 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.
17.2 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
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:
18. 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
Vogel Ernst --Residential Lease - 103009.doc
8-19
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.
19. 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: Adam Vogel and Ryan Ernst
1580 Scott Lake Road
Waterford, MI 48328
Landlord: Oakland County Department of
Facilities Management Property Management
One Public Works Drive, Bldg. 95W
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.
20. Modifications. No modifications of this Lease shall be binding unless they are in writing
and signed by Landlord and Tenant.
21. 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.
22. BindingEffect. ffect. This Lease shall bind and benefit the parties to the Lease and their heirs,
personal representatives, successors, and permitted assigns.
23. 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
circumstances other than those for which it is invalid, unlawful, or unenforceable are not
affected.
24. Time of the Essence. Time shall be deemed to be of the essence in the performance of
this Lease.
6
Vogel Ernst --Residential Lease - 103009.doc
25. Effective Date. This Lease is effective on the date stated in Section 2.
TENANT
LANDLORD
Date
Date
7
Vogel Ernst --Residential Lease - 103009.doc
Date
8-20
Lead Disclosure Form
DISCLOSURE OF INFORMATION ON LEAD -BASED PAINT
AND/OR LEAD -BASED PAINT HAZARDS
Lead Warning Statement
Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and
dust can pose health hazards if not managed properly. Lead exposure is especially harmful to
young children and pregnant women. Before renting pre 1978 housing, landlords must disclose the
presence of lead based paint and/or lead -based paint hazards in the dwelling. Tenants must also
receive a federally approved pamphlet on lead poisoning prevention.
Landlord's Disclosure
(a) Presence of lead -based paint hazards and/or lead -based paint (check (i) or (ii) below):
(i) _ Known lead -based paint and/or lead -based paint hazards are present in the
premises (explain).
Landlord has no knowledge of lead -based paint and/or lead -based paint
hazards in the premises.
(b) Records and reports available: (check (i) or (ii) below):
(i) _ Landlord has provided the Tenant with all available records and reports
pertaining to lead -based paint and/or lead -based paint hazards in the
premises (list documents below)
(ii) _ Landlord has no reports or records pertaining to lead -based paint and/or
lead -based paint hazards in the premises.
Tenant's Acknowledgment (initial)
(c) , Tenant has received copies of all information listed above, if it is available.
(d) , Tenant has received the pamphlet Protect Your Family from Lead in Your Home.
(e) , Tenant has (check (i) or (ii) below):
(i) , received a 10-day opportunity (or mutually agreed upon period) to conduct a
risk assessment or inspection for the presence of lead -based paint
and/or lead -based paint hazards; or
(ii) _ waived the opportunity to conduct a risk assessment or inspection for the
presence of lead -based paint and/or lead -based paint hazards.
Page 1 of 2
8-21
Certification of Accuracy
The Parties have reviewed the information above and certify, to the best of their knowledge, that the
information they have provided is true and accurate.
Landlord
Date
Tenant Date
Page 2 of 2
PR09-013
RESOLUTION
PROPERTY LEASE
WHEREAS, the Oakland County Parks and Recreation Commission currently leases
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 fiscally sustainable
parks system; and
WHEREAS, this lease agreement encompasses a barn and a 10' x 50' parcel of land
directly north of the barn located at 1580 Scott Lake Road in Waterford Township; and
WHEREAS, the barn and land will be leased by Steven Ernst for personal gardening
purposes; and
WHEREAS, this lease agreement will be for one five-year term commencing January 1,
2010; 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 with Steven Ernst for a barn and 10, x 50' parcel of land directly
north of the barn located at 1580 Scott Lake Road in Waterford Township.
BE IT FURTHER RESOLVED that the Oakland County Parks and Recreation
Commission hereby requests the Board of Commissioners direct its Chairperson or designee to
execute said lease agreement on behalf of the County of Oakland.
Moved by
Supported by
Date
8-22
LEASE
This Lease is made and entered into on the January 1, 2010, by Steven Ernst,1600 Scott Lake
Road, Waterford, MI 48328 ("Tenant"), and the COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341
("Landlord").
INTRODUCTION
A. On May 21, 2009, the Landlord and Eric M. Ernst and Diane Ernst entered into a
Purchase Agreement for the sale of property commonly known as 1580 Scott Lake Road,
Waterford, Michigan.
B. Section 7.4 of the Purchase Agreement provides the following: "At closing, the
Purchaser [Landlord] shall enter into a separate document leasing the barn on the Premises
and a 10 feet by 50 feet portion of the Premises directly north of the barn, to Steven Ernst for
a period of five (5) years. The barn and the portion of the Premises shall be used for personal
gardening purposes."
C. In consideration of the mutual covenants contained in this Lease, the Parties agree to the
following terms and conditions:
AGREEMENT
Leased Premises. The Landlord leases to the Tenant the barn located at 1580 Scott Lake
Road, Waterford, MI 48328 together with a ten (10) feet by fifty (50) feet area of land
located immediately north of the barn ("Premises"), which is depicted in the attached
aerial photograph, Exhibit A.
2. Term and Commencement Date. The term of this Lease shall be for five (5) years,
beginning on January 1, 2010 ("Commencement Date") and ending on December 31,
2014. Tenant shall receive possession of the Premises upon execution of the Lease.
Termination. Tenant may terminate this Lease for any reason upon thirty (30) days
written notice to Landlord. Landlord may terminate this Lease for any reason upon ninety
(90) days written notice to Tenant.
4. Rent.
4.1. Tenant shall pay Landlord, by check or money order, at the following address:
Oakland County Parks and Recreation, 2800 Watkins Lake Road, Waterford, MI
48328 or another address designated by Landlord in writing seventy-five dollars
($75.00) 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
Final --Ernst Lease.doc
8-23
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 funds must be
paid at the place designated for payment, by cashier's check, certified check, or
money order.
5. 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.
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. During the term of this Lease the Premises shall be used for personal
gardening purposes and for storage of personal gardening equipment and other
equipment, owned by Tenant, which may be lawfully stored on the Premises.
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.
2
Final --Ernst Lease.doc
10. Taxes. All taxes are included in the Rent due under Paragraph 4 of this Lease.
11. Maintenance and Repairs. The Landlord shall maintain and keep the Premises in good
repair during the term of this Lease 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.
12. Utilities and Services.
12.1. The Parties acknowledge that there will be no utilities on the Premises.
12.2. The Landlord shall provide, at its own expense lawn care services for the
Premises.
13. 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.
14. Destruction of Premises.
14.1. In the event, the Premises are partially or entirely damaged or destroyed 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 repairing all damage or
destruction, unless such damage or destruction is covered and paid for by the
Landlord's insurance, in which case the Tenant shall reimburse the Landlord for
any deductible it must pay in connection with the damage or destruction.
14.2. 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.
14.3. 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
Final --Ernst Lease.doc
8-24
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
or rebuilt. In no event shall the Landlord be required to repair or replace any
property of the Tenant.
14.4. 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.
15. Care of Premises. Tenant shall keep the Premises in good repair, wear and tear from
reasonable use and damage from the elements excepted.
16. Access. The Landlord shall have twenty-four (24) hour access to the Premises for the
purpose of inspecting, repairing, and maintaining the Premises.
17. 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.
18. 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.
19. 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.
20. Modifications. This Lease may be modified or amended only by written agreement of the
Landlord and the Tenant.
21. 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.
4
Final --Ernst Lease.doc
22. 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.
23. Security Deposit. No security deposit is being required of Tenant.
24. Governing Law. This Lease shall be interpreted under and governed by the laws of the
State of Michigan.
25. 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.
26. 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.
27. 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.
28. BindingEffect. 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.
29. Notice.
29.1. 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: 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
5
Final --Ernst Lease.doc
8-25
To Tenant: Steven Ernst
1600 Scott Lake Road
Waterford, MI 48328
30. 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.
31. 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.
32. 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.
TENANT
LOW
Date
COUNTY OF OAKLAND Landlord
By:
BILL BULLARD, JR. Chairperson Date
Oakland County Board of Commissioners
6
Final --Ernst Lease.doc
ITEM #9
REQUEST TO GRANT EASEMENT
SPRINGFIELD OAKS COUNTY PARK
Three utility companies —AT&T Corporation; New Par, a Delaware
Partnership d/b/a Verizon Wireless, LLC; and the Detroit Edison Company —are
requesting a 12-ft. wide easement be granted with each company in the same
location for the limited purpose of installing and maintaining underground electric
utility line facilities and related appurtenances. The underground electric service
will run from the westerly property line of the park southeasterly to a proposed
equipment shelter northeast of the water tower.
The Departments of Facilities Management and Corporation Counsel have
reviewed and/or prepared all necessary documents related to the granting of the
easements.
Parks and Facilities Management staff recommend adoption of the
attached resolution to request the Oakland County Board of Commissioners
approve the granting of the attached easements for underground electric service
and related appurtenances to the three utility companies for the sum of one dollar
each.
E
PR09-014
RESOLUTION
UTILITY ACCESS TO WATER TOWER EASEMENT
WHEREAS, the County of Oakland is the owner of Springfield Oaks County Park located
in the Township of Springfield; and
WHEREAS, three utility companies —AT&T Corporation; New Par, a Delaware
Partnership d/b/a Verizon Wireless, LLC; and the Detroit Edison Company —have requested
that the County of Oakland grant a 12-ft. wide easement with each company in the same
location for the limited purpose of installing and maintaining underground electric utility line
facilities and related appurtenances; and
WHEREAS, the Oakland County Parks staff and the three utility companies have agreed
upon a route for the said underground electric service; and
WHEREAS, the easement will help Oakland County Parks and Recreation Commission
to meet objective 2.9 of the Strategic Plan to "Establish a Partnership Policy that enhances
relationships with schools, cities, villages and townships, private businesses, nonprofit
organizations and other governmental agencies;" and
WHEREAS, the Departments of Facilities Management and Corporation Counsel have
reviewed and/or prepared all necessary documents related to the granting of the easement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and Recreation
Commission hereby requests the Oakland County Board of Commissioners authorize and grant
the attached easements for underground electric service and related appurtenances at
Springfield Oaks County Park to AT&T Corporation; New Par, a Delaware Partnership d/b/a
Verizon Wireless, LLC; and the Detroit Edison Company for the sum of one dollar each.
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 the attached easements for underground electric service and related appurtenances.
Moved by
Supported by
Date
9-2
GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS
THIS EASEMENT IN GROSS located at Springfield Oaks County Park, is granted this
day of 2009 by the County of Oakland, a Michigan Constitutional Corporation,
whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, (hereinafter referred to as
"Grantor") to the AT&T Corporation, a
(hereinafter referred to as "Grantee").
Corporation, whose address is address is:
FOR AND IN CONSIDERATION of One Dollar ($1.00) and other good and valuable
consideration, receipt of which is hereby acknowledged, and pursuant to the conditions set forth herein,
Grantor does hereby grant to the Grantee and the Grantee does hereby accept the right to construct,
operate, maintain, repair and/or replace underground communication utility line facilities and related
appurtenances and to provide the Grantee with access to the parcels described in Section 1 and Exhibit
A, for the limited purpose of installing and maintaining said underground electric utility line facilities and
related appurtenances:
1. Parcel Number(s): 07-17-400-006 and 07-20-201-016.
2. Grantor's Land is located in the Township of Springfield, Oakland County, Michigan and is
known as part of Springfield Oaks County Park described as: See attached Exhibit A.
3. Purpose: The purpose of this grant is to provide the Grantee with a permanent (subject to
Section 7), non-exclusive Easement in Gross to permit construction, installation, operation,
maintenance, replacement and removal of underground communication line facilities and related
appurtenances, consisting of poles, guys, anchors, wires, manholes, conduits, pipes, cables,
transformers and accessories. Under no circumstances can the easement be used for any other
purpose than underground communication utility line facilities.
4. Access: Grantor will provide Grantee with a reasonable route across Grantor's property to
access the Easement in Gross area for the limited purpose of constructing, installing, operating,
maintaining, replacing or removal of the said underground communication utility line facilities and
related appurtenances. However, Grantee shall not perform any maintenance and/or construction
activities, including but not limited to work on poles, guys, anchors, wires, manhole, conduits,
pipes, cables, transformers and accessories without using its best efforts to obtain prior approval
from Grantor, except for emergency repairs.
9-3
5. Grant of Easement in Gross: Grantor hereby grants and conveys to Grantee a 12-ft. wide
permanent (subject to Section 7), non-exclusive Easement in Gross as described in the attached
Exhibit A for the construction, operation, maintenance, replacement and removal of said
underground communication utility line facilities and related appurtenances.
6. Trees, bushes, branches, roots, structures and fences. Grantee may trim, cut down, remove
or otherwise control any trees, bushes, branches and roots in the Easement in Gross area that
Grantee reasonably believes could interfere with the safe and reliable construction, operation and
maintenance of Grantee's facilities. No trees, structures or fences can be planted, grown or
installed within eight (8) feet of the front door and within two (2) feet of the sides of transformers
and switching cabinet enclosures. No buildings will be installed in the Easement in Gross without
Grantee's written approval.
7. Interest in Realty: This grant and conveyance of an Easement in Gross shall be binding upon
and inure to the benefit of the Grantor and Grantee their representatives, successors and assigns
and the covenants and grants contained herein shall not benefit any appurtenant parcel of land,
and shall only extend to the use of said Easement in Gross for underground communication utility
line facilities. In the event that Grantee, its heirs, representatives, successors and assigns shall
no longer require the use of said Easement in Gross for the purposes described herein, said
Easement in Gross shall be considered abandoned and the Easement in Gross shall terminate
and be extinguished and the land shall revert back to Grantor, its heirs, representatives,
successors or assigns, with no interest remaining in Grantee. If this should occur, then upon the
request of Grantor, the Grantee shall provide a Release of Easement in Gross to Grantor. If no
Release of Easement in Gross is provided to the Grantor within a reasonable period of time, the
Grantor may file with the Oakland County Register of Deeds an Abandonment of Easement in
Gross which shall act in place of the Release of Easement in Gross, required of the Grantee. If
the Easement in Gross is abandoned, terminated or extinguished, then upon the request of
Grantor, the Grantee shall remove any structures in the Easement in Gross as requested by
Grantor and restore the Easement in Gross to the condition it was in prior to the removal.
8. Damages: If Grantee's employees, contractors, vehicles or equipment damage Grantor's land while
entering Grantor's land for the purposes stated in this Easement in Gross, then Grantee will restore
Grantor's land as nearly as can be to its original condition, except those items which Section six (6)
of this Easement prohibits from being placed in the Easement in Gross or those items which
Section six (6) allows the Grantee to trim, cut down or remove.
9. Indemnification: Grantee shall indemnify the Grantor, its elected officials, officers, employees
and/or agents against and shall forever hold them harmless from any and all losses, liability,
actions, claims, demands, costs, expenses, injuries or damages of any kind whatsoever which may
be brought or made and which shall be caused by or arise out of any negligent act or omission or
willful misconduct of Grantee, its officers, employees, agents, guests, visitors, invitees, or
licensees, arising out of the use of the Easement in Gross or while coming upon the premises. In
the event that Grantor and Grantee are found responsible for the same losses, liabilities, actions,
claims, demands, costs, expenses, injuries or damages of any kind whatsoever which may be
brought or made and which shall be caused by or arise out of any negligent act or omission or
willful misconduct of both of them, then the Grantee will indemnify Grantor only to the extent of
Grantee's proportional responsibility for the loss (es) and/or costs associated with the loss (es).
10. Insurance: Grantee and its contractors, at their own expense, shall maintain the following
insurance coverage's:
I
$3,000,000 Combined Single Limit Commercial General Liability Broad Form Endorsement/or the
following as minimum requirements:
Broad form property damage including XCU rider
Premises/Operations
Independent Contractors
Blanket) Broad form Contractual
Personal Injury - delete contractual exclusion "A"
Additional Insureds - the County of Oakland, County Agents and employees and elected and
appointed officials of Oakland County;
Workers' Compensation as required by law $500,000 Employer's Liability;
$1,000,000 Combined Single Limit Automobile Liability, including hired and leased vehicles, and
owned and non -owned autos No Fault coverage as required by law; and General Certificates of
Insurance.
11. Grantee shall also obtain the required permits, if applicable, from any other municipal or
governmental agency.
Grantor: County of Oakland, a
Michigan Constitutional Corporation
NJ
STATE OF MICHIGAN )
)SS
COUNTY OF OAKLAND )
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
The foregoing instrument was acknowledged before me this day of 2009, by
Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, Oakland County Michigan, a
Michigan Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341.
Michael D. Hughson, Notary Public
Oakland County, Michigan
My Commission expires: 5/5/2014
Acting in Oakland County
STATE OF MICHIGAN
)SS
COUNTY OF OAKLAND
Grantee: AT & T
0
Its:
The foregoing instrument was acknowledged before me this day of 2009,
by for and on behalf of AT & T.
Notary Public
Acting in County
Drafted by: Michael Hughson, Oakland County Department of Facilities Management, One Public Works
Dr., Waterford, Michigan, 48328.
Return to: Grantee.
Md 10/8/09
EXHIBIT A
Description of 12.00-ft. wide easement
Part of Springfield Oaks County Park
Part of Parcel Nos. 07-17-400-006 and 07-20-201-016
A 12.00-ft. wide easement the centerline of which is described as follows: Commencing at the North Y4
corner of Section 20, T4N, RBE, Springfield Township, Oakland County, Michigan, thence N 89007'02" E
400.00-ft. along the North line of said Section 20; thence S 00°52' 58" E 56.00-ft.; thence S 66'00'13" E
136.36-ft., thence S 01 056'34" E 16.98-ft. to the Point of Beginning; thence N 61 °09'08" W 586.35-ft. to a
point of ending. Being part of the Northeast % of Section 20 and the Southeast % of Section 17, T4N,
RBE, Springfield Township, Oakland County Michigan, subject to easements and restrictions of record, if
any.
day of
GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS
THIS EASEMENT IN GROSS located at Springfield Oaks County Park, is granted this
2009 by the County of Oakland, a Michigan Constitutional Corporation,
whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, (hereinafter referred to as
"Grantor") to the New Par, a Delaware Partnership d/b/a Verizon Wireless, LLC, whose address is One
Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (hereinafter referred to as
"Grantee").
FOR AND IN CONSIDERATION of One Dollar ($1.00) and other good and valuable
consideration, receipt of which is hereby acknowledged, and pursuant to the conditions set forth herein,
Grantor does hereby grant to the Grantee and the Grantee does hereby accept the right to construct,
operate, maintain, repair and/or replace underground communication utility line facilities and related
appurtenances and to provide the Grantee with access to the parcels described in Section 1 and Exhibit
A, for the limited purpose of installing and maintaining said underground electric utility line facilities and
related appurtenances:
1. Parcel Number(s): 07-17-400-006 and 07-20-201-016.
2. Grantor's Land is located in the Township of Springfield, Oakland County, Michigan and is
known as part of Springfield Oaks County Park described as: See attached Exhibit A.
3. Purpose: The purpose of this grant is to provide the Grantee with a permanent (subject to
Section 7), non-exclusive Easement in Gross to permit construction, installation, operation,
maintenance, replacement and removal of underground communication line facilities and related
appurtenances, consisting of poles, guys, anchors, wires, manholes, conduits, pipes, cables,
transformers and accessories. Under no circumstances can the easement be used for any other
purpose than underground communication utility line facilities.
4. Access: Grantor will provide Grantee with a reasonable route across Grantor's property to
access the Easement in Gross area for the limited purpose of constructing, installing, operating,
maintaining, replacing or removal of the said underground communication utility line facilities and
related appurtenances. However, Grantee shall not perform any maintenance and/or construction
activities, including but not limited to work on poles, guys, anchors, wires, manhole, conduits,
pipes, cables, transformers and accessories without using its best efforts to obtain prior approval
from Grantor, except for emergency repairs.
9-7
5. Grant of Easement in Gross: Grantor hereby grants and conveys to Grantee a 12-ft. wide
permanent (subject to Section 7), non-exclusive Easement in Gross as described in the attached
Exhibit A for the construction, operation, maintenance, replacement and removal of said
underground communication utility line facilities and related appurtenances.
6. Trees, bushes, branches, roots, structures and fences. Grantee may trim, cut down, remove
or otherwise control any trees, bushes, branches and roots in the Easement in Gross area that
Grantee reasonably believes could interfere with the safe and reliable construction, operation and
maintenance of Grantee's facilities. No trees, structures or fences can be planted, grown or
installed within eight (8) feet of the front door and within two (2) feet of the sides of transformers
and switching cabinet enclosures. No buildings will be installed in the Easement in Gross without
Grantee's written approval.
7. Interest in Realty: This grant and conveyance of an Easement in Gross shall be binding upon
and inure to the benefit of the Grantor and Grantee their representatives, successors and assigns
and the covenants and grants contained herein shall not benefit any appurtenant parcel of land,
and shall only extend to the use of said Easement in Gross for underground communication utility
line facilities. In the event that Grantee, its heirs, representatives, successors and assigns shall
no longer require the use of said Easement in Gross for the purposes described herein, said
Easement in Gross shall be considered abandoned and the Easement in Gross shall terminate
and be extinguished and the land shall revert back to Grantor, its heirs, representatives,
successors or assigns, with no interest remaining in Grantee. If this should occur, then upon the
request of Grantor, the Grantee shall provide a Release of Easement in Gross to Grantor. If no
Release of Easement in Gross is provided to the Grantor within a reasonable period of time, the
Grantor may file with the Oakland County Register of Deeds an Abandonment of Easement in
Gross which shall act in place of the Release of Easement in Gross, required of the Grantee. If
the Easement in Gross is abandoned, terminated or extinguished, then upon the request of
Grantor, the Grantee shall remove any structures in the Easement in Gross as requested by
Grantor and restore the Easement in Gross to the condition it was in prior to the removal.
8. Damages: If Grantee's employees, contractors, vehicles or equipment damage Grantor's land while
entering Grantor's land for the purposes stated in this Easement in Gross, then Grantee will restore
Grantor's land as nearly as can be to its original condition, except those items which Section six (6)
of this Easement prohibits from being placed in the Easement in Gross or those items which
Section six (6) allows the Grantee to trim, cut down or remove.
9. Indemnification: Grantee shall indemnify the Grantor, its elected officials, officers, employees
and/or agents against and shall forever hold them harmless from any and all losses, liability,
actions, claims, demands, costs, expenses, injuries or damages of any kind whatsoever which may
be brought or made and which shall be caused by or arise out of any negligent act or omission or
willful misconduct of Grantee, its officers, employees, agents, guests, visitors, invitees, or
licensees, arising out of the use of the Easement in Gross or while coming upon the premises. In
the event that Grantor and Grantee are found responsible for the same losses, liabilities, actions,
claims, demands, costs, expenses, injuries or damages of any kind whatsoever which may be
brought or made and which shall be caused by or arise out of any negligent act or omission or
willful misconduct of both of them, then the Grantee will indemnify Grantor only to the extent of
Grantee's proportional responsibility for the loss (es) and/or costs associated with the loss (es).
10. Insurance: Grantee and its contractors, at their own expense, shall maintain the following
insurance coverage's:
$3,000,000 Combined Single Limit Commercial General Liability Broad Form Endorsement/or the
following as minimum requirements:
Broad form property damage including XCU rider
Premises/Operations
Independent Contractors
Blanket) Broad form Contractual
Personal Injury - delete contractual exclusion "A"
Additional Insureds - the County of Oakland, County Agents and employees and elected and
appointed officials of Oakland County;
Workers' Compensation as required by law $500,000 Employer's Liability;
$1,000,000 Combined Single Limit Automobile Liability, including hired and leased vehicles, and
owned and non -owned autos No Fault coverage as required by law; and General Certificates of
Insurance.
11. Grantee shall also obtain the required permits, if applicable, from any other municipal or
governmental agency.
Grantor: County of Oakland, a
Michigan Constitutional Corporation
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
STATE OF MICHIGAN )
)SS
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this day of 2009, by
Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, Oakland County Michigan, a
Michigan Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341.
Michael D. Hughson, Notary Public
Oakland County, Michigan
My Commission expires: 5/5/2014
Acting in Oakland County
Grantee: New Par, a Delaware Partnership d/b/a
Verizon Wireless By: Verizon Wireless, LLC, its
General partner
in
STATE OF MICHIGAN )
)SS
Its:
COUNTY OF OAKLAND
The foregoing instrument was acknowledged before me this day of 2009,
by for and on behalf of Licensee.
Notary Public
Acting in County
Drafted by: Michael Hughson, Oakland County Department of Facilities Management, One Public Works
Dr., Waterford, Michigan, 48328.
Return to: Grantee.
Md 10/8/09
EXHIBIT A
Description of 12.00-ft. wide easement
Part of Springfield Oaks County Park
Part of Parcel Nos. 07-17-400-006 and 07-20-201-016
A 12.00-ft. wide easement the centerline of which is described as follows: Commencing at the North Y4
corner of Section 20, T4N, RBE, Springfield Township, Oakland County, Michigan, thence N 89°07'02" E
400.00-ft. along the North line of said Section 20; thence S 00°52' 58" E 56.00-ft.; thence S 66°00'13" E
136.36-ft., thence S 01 °56'34" E 16.98-ft. to the Point of Beginning; thence N 61 °09'08" W 586.35-ft. to a
point of ending. Being part of the Northeast % of Section 20 and the Southeast % of Section 17, T4N,
RBE, Springfield Township, Oakland County Michigan, subject to easements and restrictions of record, if
any.
9-10
day of
GRANT OF NON-EXCLUSIVE UNDERGROUND EASEMENT IN GROSS
Detroit Edison Company (Right of Way No. )
THIS EASEMENT IN GROSS located at Springfield Oaks County Park, is granted this
2009 by the County of Oakland, a Michigan Constitutional Corporation,
whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341, (hereinafter referred to as
"Grantor") to the Detroit Edison Company, a Michigan Corporation, whose address is 2000 Second
Avenue Detroit, Michigan 48226 (hereinafter referred to as "Grantee").
FOR AND IN CONSIDERATION of One Dollar ($1.00) and other good and valuable
consideration, receipt of which is hereby acknowledged, and pursuant to the conditions set forth herein,
Grantor does hereby grant to the Grantee and the Grantee does hereby accept the right to construct,
operate, maintain, repair and/or replace underground electric utility line facilities and related
appurtenances and to provide the Grantee with access to the parcels described in Section 1 and Exhibit
A for the limited purpose of installing and maintaining said underground electric utility line facilities and
related appurtenances:
1. Parcel Number(s): 07-17-400-006 and 07-20-201-016.
2. Grantor's Land is located in the Township of Springfield, Oakland County, Michigan and is
known as part of Springfield Oaks County Park described as: See attached Exhibit A.
3. Purpose: The purpose of this grant is to provide the Grantee with a permanent (subject to
Section 7), non-exclusive Easement in Gross to permit construction, installation, operation,
maintenance, replacement and removal of underground electric utility line facilities and related
appurtenances, consisting of poles, guys, anchors, wires, manholes, conduits, pipes, cables,
transformers and accessories. Under no circumstances can the easement be used for any other
purpose than underground electric utility line facilities.
4. Access: Grantor will provide Grantee with a reasonable route across Grantor's property to
access the Easement in Gross area for the limited purpose of constructing, installing, operating,
maintaining, replacing or removal of the said underground electric utility line facilities and related
appurtenances. However, Grantee shall not perform any maintenance and/or construction
activities, including but not limited to work on poles, guys, anchors, wires, manhole, conduits,
pipes, cables, transformers and accessories without using its best efforts to obtain prior approval
from Grantor, except for emergency repairs.
9-11
5. Grant of Easement in Gross: Grantor hereby grants and conveys to Grantee a 12-ft. wide
permanent (subject to Section 7), non-exclusive Easement in Gross as described in the attached
Exhibit A for the construction, operation, maintenance, replacement and removal of said
underground electric utility line facilities and related appurtenances.
6. Trees, bushes, branches, roots, structures and fences. Grantee may trim, cut down, remove
or otherwise control any trees, bushes, branches and roots in the Easement in Gross area that
Grantee reasonably believes could interfere with the safe and reliable construction, operation and
maintenance of Grantee's facilities. No trees, structures or fences can be planted, grown or
installed within eight (8) feet of the front door and within two (2) feet of the sides of transformers
and switching cabinet enclosures. No buildings will be installed in the Easement in Gross without
Grantee's written approval.
7. Interest in Realty: This grant and conveyance of an Easement in Gross shall be binding upon
and inure to the benefit of the Grantor and Grantee their representatives, successors and assigns
and the covenants and grants contained herein shall not benefit any appurtenant parcel of land,
and shall only extend to the use of said Easement in Gross for underground electric utility line
facilities. In the event that Grantee, its heirs, representatives, successors and assigns shall no
longer require the use of said Easement in Gross for the purposes described herein, said
Easement in Gross shall be considered abandoned and the Easement in Gross shall terminate
and be extinguished and the land shall revert back to Grantor, its heirs, representatives,
successors or assigns (herein after Grantor) with no interest remaining in Grantee. If this should
occur, then upon the request of Grantor, the Grantee shall provide a Release of Easement in
Gross to Grantor. If no Release of Easement in Gross is provided to the Grantor within a
reasonable period of time, the Grantor may file with the Oakland County Register of Deeds an
Abandonment of Easement in Gross which shall act in place of the Release of Easement in
Gross, required of the Grantee. If the Easement in Gross is abandoned, terminated or
extinguished, then upon the request of Grantor, the Grantee shall remove any structures in the
Easement in Gross as requested by Grantor and restore the Easement in Gross to the condition it
was in prior to the removal.
8. Damages: If Grantee's employees, contractors, vehicles or equipment damage Grantor's land while
entering Grantor's land for the purposes stated in this Easement in Gross, then Grantee will restore
Grantor's land as nearly as can be to its original condition, except those items which Section six (6)
of this Easement prohibits from being placed in the Easement in Gross or those items which
Section six (6) allows the Grantee to trim, cut down or remove.
9. Indemnification: Grantee shall indemnify the Grantor, its elected officials, officers, employees
and/or agents against and shall forever hold them harmless from any and all losses, liability,
actions, claims, demands, costs, expenses, injuries or damages of any kind whatsoever which may
be brought or made and which shall be caused by or arise out of any negligent act or omission or
willful misconduct of Grantee, its officers, employees, agents, guests, visitors, invitees, or
licensees, arising out of the use of the Easement in Gross or while coming upon the premises. In
the event that Grantor and Grantee are found responsible for the same losses, liabilities, actions,
claims, demands, costs, expenses, injuries or damages of any kind whatsoever which may be
brought or made and which shall be caused by or arise out of any negligent act or omission or
willful misconduct of both of them, then the Grantee will indemnify Grantor only to the extent of
Grantee's proportional responsibility for the loss (es) and/or costs associated with the loss (es).
10. Insurance: Grantee and its contractors, at their own expense, shall maintain the following
insurance coverage's:
9-12
$3,000,000 Combined Single Limit Commercial General Liability Broad Form Endorsement/or the
following as minimum requirements:
Broad form property damage including XCU rider
Premises/Operations
Independent Contractors
Blanket) Broad form Contractual
Personal Injury - delete contractual exclusion "A"
Additional Insureds - the County of Oakland, County Agents and employees and elected and
appointed officials of Oakland County;
Workers' Compensation as required by law $500,000 Employer's Liability;
$1,000,000 Combined Single Limit Automobile Liability, including hired and leased vehicles, and
owned and non -owned autos No Fault coverage as required by law; and General Certificates of
Insurance.
11. Grantee shall also obtain the required permits, if applicable, from any other municipal or
governmental agency.
Grantor: County of Oakland, a
Michigan Constitutional Corporation
BY:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
STATE OF MICHIGAN )
)SS
COUNTY OF OAKLAND )
The foregoing instrument was acknowledged before me this day of 1 2009, by
Bill Bullard, Jr., Chairperson, Oakland County Board of Commissioners, Oakland County Michigan, a
Michigan Constitutional Corporation, 1200 N. Telegraph Road, Pontiac, Michigan 48341.
Michael D. Hughson, Notary Public
Oakland County, Michigan
My Commission expires: 5/5/2014
Acting in Oakland County
STATE OF MICHIGAN )
)SS
COUNTY OF OAKLAND )
Grantee: Detroit Edison Company
0
Its:
9-13
The foregoing instrument was acknowledged before me this
by
Edison Company, 2000 Second Avenue, Detroit, Michigan, 48226.
Notary Public
Acting in
County
day of 2009,
r and on behalf of the Detroit
Drafted by: Michael Hughson, Oakland County Department of Facilities Management, One Public Works
Dr., Waterford, Michigan, 48328.
Return to: Detroit Edison Company.
Md 10/8/09
EXHIBIT A
Description of 12.00-11. wide easement
Part of Springfield Oaks County Park
Part of Parcel Nos. 07-17-400-006 and 07-20-201-016
A 12.00-ft. wide easement the centerline of which is described as follows: Commencing at the North Y4
corner of Section 20, T4N, RBE, Springfield Township, Oakland County, Michigan, thence N 89°07'02" E
400.00-ft. along the North line of said Section 20; thence S 00°52' 58" E 56.00-ft.; thence S 66000'13" E
136.36-ft., thence S 01 °56'34" E 16.98-ft. to the Point of Beginning; thence N 61 °09'08" W 70.85-ft.;
thence N 32001'07" W 190.69-ft. to a point of ending. Being part of the Northeast % of Section 20 and
the Southeast % of Section 17, T4N, RBE, Springfield Township, Oakland County Michigan, subject to
easements and restrictions of record, if any.
9-14
I HV
I PEAASNETUE�NT
KM UTI�f'ORORDINc OF
UBUG Unul S AND
s
l -a �� \
I ,c
\N6
1H�ERF W DE NO PARKING
AU.OAED IN THE FIRE LANE
mZ ALONG THE FRONT OF THE
PRCPOSED SHELTER
ENDING
FASEMOIT FOR ZONED: RC
uG MW TM - - - _ `0"y1 (RESOURCE CONSERVATION)
Nr'Ix 3u0u0`
A - 51•]f'OS'
CN N 30.4118' W \ c\ V
OFIX N10E
X PUBU.
NO AT6T
VEW2011 \
• w s5eas'
�c-114 UNE " 20, T4
•sue' N�88'OT02• E -CO
EIECiNIC A
UN6 (TO BE
I
LEGEND
S 01.98',, '
&
POT-1
UASE PA
----�052�-
EXIST. CONTOUR
PONT OF BEI
I�
--�IO9Y'�
PROP. CONTOUR
OF E Oil
10.02! Q.R.]0
EXIST. SPDT EIEVARDN
PROP. SPOT' -All.
PURUC IIIILR
EWSnNC 13>
I S
�.I
23
0
EI.EC. TRANSFORMER
DST. UCNT POLE
TALL WATER
Q
EXIST. HYDRANT
Im
�
EXIST. WATER
EPHIXFE MAINR6ER/PEDESTAI
n:LER/
0
®
HELL
Iw
FENCE
I
SECTION CORNER
vj
F
®
FOUND IRON PIPE
CONTROL POINT
I
-�
DRAIN CC DIRECTION
PROP. U.C. ELECTRIC UNE
-T-
PROP. U.G, TELEPNDNE LINE
l�
IIILL�
I
T/V
TOP OF WALL
I CENTER
I SECTION 20.
- T4N. RRE
F
-N JS•O1'OY w 190,ow
_I 4
PROP. CA OF 20' WOE
EASEMENT FOR NpiE55/
II EGRESS AND PUBUC UTRITIFS
L�
ROTE: NO PAANMC �
II_ LLOWED IN FlRC LANE
I�I
^�
_ � _ _
5 80.53'4J• E
S 00•lY58' E
S 'e
56.00' N 40.aa • E
Y.
N O1.00'OBw
TJS.JBr N e0 W ICE
�o
2.
�St W
"A
a
ON I
PORCH UG
r Y
APIp
Out
5/.
U , $ Li
�
V
BBB,
Ot•!8'J4' E
11
4f
SCALE 1• = 40'
G DAYs
BEFORE YOU D G
CALL 041*m G
MLEGAL DESCRIPTION OF LEASE PARCEL
Cwmmenckla N Ne NoM 114 PI -If 311011 W, 74N, ME, Sp6 NMld
TP_NP, OVW.nd CwnN, MiNll.an. IhPnav N 59.OTOY E 40DD0 fool abn91M1v
n.M Inv NeNd 9ec0on 20; III-S Oo'S2'5H' E S8.00 test IRwro S 00'owlJ
E IM.O5I.N; IM1enc.6 at•'J -E 10.00I.N 1. N. POINT OF BEGINNING:
Nonco N B5'OJRO' E J6.00 foal:
Nan<5 3 01'S8'Jd' E.......;
IMnc. B B5.OJ'25' W l...a test,
- N01'S8']4'W22.o04Nb Ih. POINT OF BEGINNING; be1n9 Ped
of ,. N-A 1N el-IP20, T4N, RSE SpMDSeld T.wnvhip,
O.Wend CwnN, Mlchlpon;-wr,llq SJS awwe Ive4 m.r. wlv»;
end-I.cl b auemenla and Iwlfldlbu NICCOfd, If any.
To.oNw wtlh a 2D ION -....maul for lope,., eanu and wbt. Nllillea Ch.
wntodlne of..TIES I, It. -I u:
Gam -did, at Nv N- tM camerPI' Seclbn 20. T4N, RSE. SpdnDOvld
Tmmfahlp, W.. ..at,. MlAl.an, Awns N 50•07'0T E 40BBO-I Nan. the
M Iln. af,eld SVN.n 20; Ihvnm 6 DO'S2'58• E 55.0p faek N.nc.338'00'iJ•
E 1SB.W I- W Ne POINT OF BEGINNING:
Ihanw N 00.II-E25A0 feet
Hence N Oi'95']4' W 5.50 M1.t
Nana N45'55' E00.8o Ivvt
1M1anw S e]'SS'4T E OO,tJO.5CCO feel
Nanw N 1T E 1eN;
1- 214.74 .>41e.1 elonB the arc ale carve fo N NeIfatliw o12D0.COfeel
bx mltN anpb NOt'JiTM'end.hofd dnp N ]OLt'15' W 224.9>
got
IMnrn N 40' W 12>301.et
-PIN- 2Y'd0' E 1]0.001w1 b Nv POINT OF ENDING; belnp potl of
Ne Narlh. Bp VdaPld lw 2O.ntl Had C-tN Altof3 ..pi
T4N, ME, BpolgOoltl T.wmMP.OeWantl CwnN. Mk11l.an: wsaPl
orb pad entl taken, tlaetl.d or uf.df r,l.Rcf.ptl purpwoe and a.NSRk
.emmenb mvAkLona N mwN, If any:
T.pelhmv4N a 12 feNMtle eeumant Iw public WMJe. b Vem.n Wrvloae and t.
ATST. IM1s cenptllne dwnlNl M tleeaMetl es:
G--n. at Me Norh 1Y4 comer of -120, T4N, RBE, St,6,0.1d
T.wnahlp, O.-It Counb. Mkhlpan. B.-N 11-7 TE-Da Iv.l along Are
M In. ofaeW 3eNOn 2p, P.300'SY50'E.... Het; Hobe 355•BO'1]•
E1JB.35- theirs S01'95]4 E ld, feNNIh. POINTOF BEGINNING,
IAvn t'09'00•W65C.J5(III I, Ih5 POINT OF ENDING; bvin9 PI-f
Ne N.M-1M at-11120 end Ne So. h-114 or Seca-1>,
14N, RBE, 6pdnpRNtl Toam.MP, OWand Ca.nIYMlchlD.n; aNaN to
easement, and msidNonf NmcoN, Ifvny,
T....... 1M1 a t2 iwiwlda euemem Iorpublc Nlllllu W OTE, Ne -Irlhe If
..filch I, dv,adbvd ae;
CammentlnD N IM1e North 1M wm5r of Svcdw 20, T4N, ME, Swt Daald
Tv4mvM1lp, C Wend -it, Mlchl.en Nance N 13-7-E IO.AD IeN.I.,a Ne
oM It... veld eadlm 2%Nona S 00'92•SO' E SSDO feet N.nc. $ -.'-
E 130,M foot Banc° S 01- E 15,98 I-t ION° POINT OF BEGINNING,
t- N 61'ODDB' W>0.05 feel:
ftN N-tll4TW190.89feat NIMPOINTOF ENDING;-7 PetlN
Bw N.Mav,l I,I of hip- 20 vIM N. 6.ullwut 1F4 of 6.ctl.n 1>, T4N,
ReE. BpM.ONtl Township, OVWontl CwnN, M1Achlpon; aubf.clto wa.m.nta
and metticll.0 NrewN, H any.
VICINITY SKETCH
SCALE: 1-2000'
LOCATION
LONGITUDE 83' 32' 07.1"
LATITUDE 42' 44' 35.1e
GROUND ELEV. 0 TOWER BASE = 1058.60
LEGAL DESCRIPTION OF OVERALL PARCEL
(Taken hwn Tlly CammSmmp
Land Ill -in 60r,.0Nd Toxn,hip, Ca.nb of Oakl.nd, Sl.la.1 Ml.DNI,
de.ctlbed v. f.t-:
TIw w..' 1. of N...-t Md, AUa Ihetpad GIN. W.el ]0 eme.INe Eul
12 It the N.-N tld Nlnp 8w81 110Y of Antlarw- ft.ed, T.vm d NOM,
Rome 0 -1, C.Pa.. 20.
Md lhv South 1. .1 Na OwN.ullM of G.wn 11wC S..Ih NNWerw o.
Rood, Tovm I Ne.. 111—5 Eut. SOCBw 17.
NOTE
MOTE vm Evxtlw Tma NI,*, e.tlNemtlnatl UY p(VON pa]ItlOnhq ryatam
(CP5).
BENCHMARK
TopNnoMetlymm-cvnpvtvpotlNs NwOVDalUr.
Elowllnn: iD58.40 (USGS B NGV OOWm)
PROPERTY INFORMATION
T. PMCEU /0>-20-201-015
OWNER: --a COU- PARKS Y RECREATION DEPA -
2800 WAMINS LVIE ROAD
WATERFOM. MIC111GAN WU
PROPERTY ADDRESS:
12451 ANDQNSONNIL ROAD
12
RINGFIEIO -Na" MICNIGAN ...
PREPARED BY:
MIDV=tCRN CONSULTING, LLC.
AMES A FISHER P.E. /242W
9
1
LEASE PARCEL DETAIL
SGLE: 1"m20'
GENERAL NOTES,
1. All.Ibwpk undrvdlan.iwllby In eaud.nce wiNNa Wmnl alvntivda
d apeNAmlbna depdnpn.m rlwnanlp.na 1neolluana cows PaA. eId
Rdeeoelbn Dvpadment Mlem.ppAuhl.
2. TNepmpvava aqulpmvnl Meblp LL lu be a We abry, Ilmpuledzed,
nnvd, ldaphvne exchange d IdWro. All ededttwvd. me pmcwl
wAMetl. b—d. d.ph I wabr .1 .0 —wit I. fi....4
arvks i n,Id.. Telmhvu Intl Ilvddnboniel. vdll by from en adaOnA
ullAty pvb Or Lnv adllcant IF An ells.
J. The proP•I.d equlpNIMI hdbr b to ham v eacudly aydpn mvnibrod 24
boon pptl.y. Th. ehlllpwlll day be acnabuded wIN Dulbt roelalenl
maledab.
4. Tben 1.one, bwwadvp.(130yJ),.dl.d.d welMnWnbtl.ecudylIdd nart
fl met III
I dl rl tNdd Per Nl Pdobmedw llrmie light lire MN Dam
IlAlfl II a polnl50 fat from Id. f4uro.
5. T.hero are nI dpn. propowd. W. pa)Id.wrylivc
IEmemeWy unbvd✓lipmvd., purpvee1 end FCC —elon placed an
equlpm-Heiler I..'
b. FCC nul-ddl numbp bated In fence pals
p TM Ullubrenlvnn..M squlpmwb HellerwiA b. apprvwdby Ne Fed.rd
Cvmmunle.Wd. cd—tivn (FCC) Intl will nd ImP.d any hequerl%
e.ndpv. tlemmawn.bllvp.
men All n.lvslc mebdem b De uaM try U.-I-. TMy nave no nova IF,
-M., ebrapv al AvmaOe dLL,v 1IM Pdkup.
a. 4..e.i melnbnanc. penvmvl minp wn type said wbldea —1Ind
Idd lM1v lvnvadpv1e12b4dmv1p.rmOd,. NI IOItlinp ltunbldnp lnaLL
nvvtl.d by ill.,
O. Inproav Intl IAmw by Lmvoe'v malnbnvnu peround le the elle Iha D. vb
°n ed..,, blluminvus I. p II I! —ham Antl.rovnvlAe...d. L.... e a
mdnbnenu whId. M.. u.. mIxMdp vwI1M1. par .M,..v bubd In
NI vma of ft— buIWIlq.
10. Allvn..In.de.1 And lc 11.......11M (ancetl ell eh.. Dv cpvanI.1h
0" of —d Ameabna PI—d cwr Typef bandvcdpe lobdc
11. AAv... Fit— by me umbucpvn d1M.b.-I I.me lnd.IlaWn dun
I__
M.1. b Ind M bM. Cenlnadr la Itprovldv..It emabn cvmmi
mvvauroa.a n .—arm dndad by munldpaby naemvr.
12. Thla ells plan I.b..etl In In..._ of An arl..d undldvn. elnwclad by
Mlawmalvm Cd—ftA, LLC In 0 1-007.
AMN BIV E YOU DI0
CALL MISS T
HOD -Wm
LEGEND
----1 552
ENIST. C, I
2^
PROP. CONTWR
1052.3
1 D3B.39,
DIV. SPOT EK Al.
PROP. SPOT =E ATICN
®
E C. TRANSFORMER
if
-0I
EXIST. UCHT POLE
E%IST. N1TIRANT
CdI .. WATER MAIN
1
TELEPHONE RISER/PEDESTAI.
®
EL
SECTION CORNER
CCCT
®
FOUND IRON PIPE
CONTROL PDINT
ORAINA¢ DIRECTION
PROP. V,C. "CTWC LINE
—T —
T/V
PROP. U.C. TELEPHONE UNE
TDP OF WALL
LANDSCAPE PLAN
scALE: T"mzD'
MAINTENANCE,
A. BeAln melntenence bf pill'mekddalmmedldey enpplvnWAnntl mnpnue
u N I dlil.11u of wanm.e d.d.d. D.ft W. P.dvd. th. Clnlradar.bvl1
nub
ke.mbimum olane molmanance trip a wry f—..it dwin0 Ala tporvkp
ntl ea mnryman ae nauwary b keep No PlenWga M e AdvinA
vndlln.
B. Melnlen.nu aMAlnclldebhe flAv.Nnp:
(1) Wubor Vona dnd ehmba at loon bile e.ch mvnih film May 15b
9eplember"th,oraldlnab.dbythe—
R) d_Fbbh.11 ddb. al-11. rudM O MlAh Iffy., b.fom EOlnA
cv plsnly nmewd, Indldd,mvlpmwlll,.1. 1.1 ba.lmsdIf
mu1Cb wIN pro<mvryedwved NBierb mgdrod M NI, apatlAuticn.
n) 6Pnyl. -ll—...
I. dvmb.nl III wIN aNbn fp auto Inaada;
I.
maldb.l Tdr lWWinp inaoma;
c Dara..w mbtlun for ArodlAh,cOI..
Thmv Mall ba aPpll.In ecud.nu w9h Na mvndadurol. mcvm-
Alna Intl In pm,—K.ud numbwvf appldIddl. Wthe
w ln p.dWl..d Irtll...... The Clnh.dpmwl P—. Me—.e.
epnvantolNe ° wltbn nWN W Ippliudvro antl tlelva.
(4) RsledraWn ,hall Da per MOOTeIentlW .petlAUlbulor
Md .III9, n. Pmvd. f.dllic.rin p fdnl.nd.xuna waWbp.el lh.
land Lain, ay.vvnvdlh nitropenn—d.ol,. ProWAI0A.O
ID. avvllabN par 1000 pdbm I/wabr. Pmdtle Me C.weror C.wef.
npn.anl.IN. a wdd.n papa of appllulllm antl dal..
(5) Keep I I.. em FbMd Vee. Nut eMdb, bdIII Orodv le No ,I,b1I,hdd1
slevedpn.
(0) .11. M1049Irw1 Amdv 1-11 what bvve.oded.mund I-1.
q) Wlnbr prolaWU Mdl Include Id. 1.11. Ift If.11.v.mmnlru.
vA1M1 FIIIIAad, WII4PM,.1 mprovetl egml, It Nv m.nuM1Numr'.
m dNIAIII rod n prol' wlnlp JIMIl con and Idle fall wetodnA ll
requlnd by. dry wv.Id.
C. NOAy1M1e.—.1 ..... aWe.11... 1 Mowpk d.p pWr ll wM
m.lnlanmu 10 and a.nd.wdIWI, nun If whd malden.nuwv
pvdvrtned wddn Mro day — mM mdnbneme bhp.
a ;
ZZ s
H x
J,w daGp yk
V/
0U
oils
Z
W w e�
F H
3 111111
.LN 1.m I.mr I Nd y o
W �
J N
.—A�m°L0�' vnlmd O p8p 11
kdpT wtw ro T � K
. OW�w.w tl W O
J JLCOI exq.run— a •_ � y6
Y x i x pv Wnxe stw[ eFwr . vu vene�v...au .44 ,� O �, J
oa
�E1= O �• �•� � Q% a �
b ; , op
IR. MWw or uneR.mm ..I. rw� a rn (r`Y5
EVERGREEN TREE PLANING DETAIL � �� za
I.nw,.v Twiml GOSaNIan
LevellnA Pod DoIM �e4 o+u
'I�,.Y.rfundro
/ v
Slantlad UnIVBme Pad lepnvde Vow
p,�r.uew,gau..vNplKa.
K
Item #10
Oakland County Parks and Recreation Boardwalk Program Video
Through a trade of service with Fox Sports Network -Detroit in the summer
of 2009, staff created a video documenting the process and importance of our in-
house boardwalk construction. FSN Detroit held their corporate picnic at
Waterford Oaks Waterpark this spring, and in return, Oakland County Parks
received more than two hours of professional filming on site at Independence
Oaks County Park. Staff have taken some of that footage and created a six -
minute video documenting the process used to install boardwalks within our
parks, explaining the ecological significance of both the construction process and
the wetland habitats that the boardwalks provide access to. The video will be
modified for use in grant and award applications and for presentations at
conferences and trainings.
The version being presented at the meeting will also be shown at the
November 5 All Staff Business Meeting to acknowledge staff's participation and
thank them for their efforts. This trade of service also includes the use of video
editing equipment and software from Faith Church of Waterford in exchange for
the use of the Cohn Amphitheater for a small concert.
10-1
ITEM #11
CLOSED SESSION
Staff is requesting a Closed Session to discuss potential land acquisitions.
ITEM #12
EXECUTIVE OFFICER'S REPORT
A. Michigan Recreation and Park Association has notified staff that Oakland County Parks and
Recreation Commission will be the recipient of the 2010 MRPA Innovative Park Resources
Award for the Waterford Oaks Parking Lot and Mike Willhite will receive a posthumous
Maintenance Leadership Award. These awards will be presented at the 2010 MRPA
Conference and Trade Show in Grand Rapids on February 2-5, 2010.
B. Holly Warnos, a part-time employee who assists in the therapeutic recreation programs, will
be presented the MRPA Young Professional for Therapeutic Recreation award. Holly
completed her internship with the Rehabilitation Institute of Michigan and is currently
employed with Beaumont Hospital.
C. Staff is in the process of keying 10 parks to the master key plan and ADA upgrade to include
83 buildings and 604 doors; 677 keys will be distributed to staff utilizing a key checkout
system.
D. Financial Statements for year end FY 2009 are being finalized and will be provided at the
December 2 meeting for approval.
E. Attached for your review is the 2010 Preliminary Master Calendar. Staff will request approval
for the 2010 Calendar at the December 2 meeting.
F. As requested at the October 7 Commission Meeting, attached is additional information
detailing the Direct Energy contract.
G. Attached for your review are the results of the S.W.O.T. analysis from the October 7 meeting.
H. Attached for your review are the upcoming events for the month of November, 2009.
12-1
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
2010 PRELIMINARY MASTER CALENDAR
DAY
DATE
FUNCTION
WEDNESDAY
JANUARY 6
REGULAR COMMISSION MTG - OFFICER ELECTION
TUES - FRI
FEBRUARY 2-5
MRPA ANN. CONF/TRADE SHOW; GRAND RAPIDS
WEDNESDAY
FEBRUARY 10
REGULAR COMMISSION MEETING
WEDNESDAY
MARCH 3
REGULAR COMMISSION MEETING - GLEN OAKS
SAT - WED.
MARCH 6-10
NACo LEGISLATIVE CONFERENCE; WASHINGTON, DC
TUES - FRI
MARCH 16-19
NRPA LEGISLATIVE FORUM, WASHINGTON, DC
MON.-WED.
MARCH 29-31
MAC LEGISLATIVE CONFERENCE; LANSING CENTER
WEDNESDAY
APRIL 14
REGULAR COMMISSION MEETING
FRIDAY
APRIL 16
RECOGNITION LUNCHEON
WEDNESDAY
APRIL 21
BUDGET PRESENTATION WORK SESSION
WEDNESDAY
MAY 5
REGULAR COMMISSION MEETING
WEDNESDAY
JUNE 2
REGULAR COMMISSION MEETING (ADOPT 2010 BUDGET) -
WATERFORD TOUR
MON. - WED.
JUNE 28-30
SPECIAL PARK DISTRICTS FORUM; CHARLESTON, SC
WEDNESDAY
JULY 14
REGULAR COMMISSION MEETING
FRI - WED.
JULY 16-20
NACo ANNUAL CONFERENCE; RENO, NEVADA
TUESDAY
AUGUST 3
ELECTION DAY - PARKS MILLAGE ON BALLOT
WEDNESDAY
AUGUST 4
REGULAR COMMISSION MEETING - GROVELAND OAKS
SUN-TUES
AUGUST 15-17
MAC SUMMER CONFERENCE; GRAND RAPIDS
WEDNESDAY
SEPTEMBER 1
REGULAR COMMISSION MEETING
WEDNESDAY
OCTOBER 6
REGULAR COMMISSION MEETING - LYON OAKS
TUES-SAT
OCTOBER 25-29
NRPA CONGRESS, MINNEAPOLIS, MN
WEDNESDAY
NOVEMBER 3
REGULAR COMMISSION MEETING
WEDNESDAY
DECEMBER 1
REGULAR COMMISSION MEETING
REVISED October 21, 2009
2010 PRELIMINARY MASTER CALENDAR.doc
12-2
Direct Energy
Oakland County Parks and Recreation Commission has two separate contracts
with Direct Energy to supply electricity to 17 separate meter locations at our various
sites. The initial contract was for 14 locations which had a 2008 consumption of
2,078,918 Kwh. Savings of $0.006 per Kwh project a savings of $12,473.51. It should
be noted that this estimate included $1,725.12 for the Fridge which will not be operating
this winter, thereby negating the projected savings.
It was discovered after the first contract was signed that three meters at the Lyon
Oaks Park (including golf and banquet facilities) were missed, and a second contract
was signed for the three locations, which have a projected savings of $4,105.07 based
on savings of $0.0053 per Kwh and estimated usage of 774,542 Kwh. Two meters at
Lyon Oaks remain on DTE power as they could not be reached with phone cable, which
is required for metering by the AES (Alternative Energy Supplier).
Oakland County Facilities Management worked with an agent from Executive
Energy, which has agency contracts with the top six alternative electric suppliers. The
top four companies were contacted, including Sempra Energy, Integrys Energy,
Constellation New Energy and Direct Energy; their credit ratings, customer base,
reliability of service, bundled pricing (no pass-throughs) and meeting full requirements
were reviewed, and Direct Energy was deemed the best full service provider.
It should be noted that electrical rates change weekly and the agent uses market
knowledge to project when electrical costs will be most favorable. The rate Oakland
County Parks received is better than that of Oakland County Facilities Management
which signed an earlier contact. Also, efforts are currently underway to improve the
efficiency of lighting, motors, fans, and other mechanical/electrical devices, which will
also cut total usage for the Parks department and lower costs as a whole.
The Parks department used an alternative energy supplier for approximately two
years spanning 2004-2006 with excellent savings and no delivery problems. The
contract language was reviewed and approved by both Oakland County Purchasing and
Oakland County Corporation Counsel. Attached is a list of Michigan schools and
corporations who are currently Direct Energy customers and a corporate profile of Direct
Energy.
Y2®3
OCP Strategic Marketing Plan — OCPR Commission (October 7, 2009)
Strengths, Weaknesses, Opportunities, and Threats
STRENGTHS:
-Beautiful
-Well maintained *3*
-Activities for all age
segments
-Banquet facilities
-Moving toward hi -tech
-Unique
-Partnerships
-Willing staff
-North well served
-Large parcels of land
-Capable of serving large
groups
WEAKNESSES:
-Don't serve equally *1
geographically
-Need to communicate to *9*
get people to parks
*Target millage
-Lack of awareness V
OPPORTUNITIES:
-Communicate locations
-Parks underutilized
-Demographic groups
*ie — seniors
-HCMA Partnership
*joint pass/map
THREATS:
-Funding (taxes, millage) *10*
-Weather
-Nature — ash borer
-Competition of other
venues/entertainment
dollars. Many choices.
-Lack of Awareness
UPCOMING EVENTS
NOVEMBER 2009
Lewis E. Wint Nature Center
Independence Oaks County Park
Public Interpretive Programs:
November 14 — Fall Star Party
November 26, 27 — Thanksgiving Day Holiday — Free Day Use Entry
Adaptive Recreation
November 4 Junior Wheelchair Basketball, Southfield
November 6 Adult recreational wheelchair basketball, Troy
November 7 Sports -ability: open gym/activities for kids with disabilities.
Boys & Girls Club — Royal Oak
November 9 Crafts and Cooking for individuals with developmental disabilities
Ferndale
November 11 Junior Wheelchair Basketball, Southfield
November 13 Adult recreational wheelchair basketball, Troy
November 14 Sports -ability: open gym/activities for kids with disabilities.
Boys & Girls Club — Royal Oak
November 14 Punt, Pass and Kick — Adaptive Division, Detroit Lions Training Center
November 18 Junior Wheelchair Basketball, Southfield
November 20 Goal Ball for individuals with visual impairments, Southfield
November 20 Adult recreational wheelchair basketball, Troy
November 21 Sports -ability: open gym/activities for kids with disabilities.
Boys & Girls Club — Royal Oak
November 23 Punt, Pass and Kick Adaptive Division, Ford Field
November 23 Crafts and Cooking for individuals with developmental disabilities
Ferndale
12®6