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01ZAKLANDCOUNTYPARKS
Gerald A. Fisher
Chairman
John P. McCulloch
Vice Chairman
J. David VanderVeen
Secretary
Pecky D. Lewis, Jr.
Chairperson Emeritus
A. David Baumhart III
Robert Kostin
Christine Long
Gary R. McGillivray
Jahn Scott
Wilson
Daniel J. Stencil
Executive Officer
September 27, 2011
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
Administration Office
2800 Watkins Lake Road
Waterford, MI 48328
TIME ......................................Wednesday, October 5, 2011
9:00 a.m.
PURPOSE .................................. Regular Meeting
This meeting has been called in accordance with the authorization of Chairman
Gerald Fisher of the Oakland County Parks and Recreation.
Sincerely,
Daniel J. Stencil
Executive Officer
Next Meeting: Wednesday, November 9, 2011
Addison Oaks County Park
1480 W. Romeo Road
Leonard, Michigan 48367-2432
0 ur mission is to provide quality recreational experiences that encourage healthy lifestyles,
support economic prosperity and promote the protection of natural resources.
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Oakland County Parks and Recreation Commission Meeting
Parks & Recreation Administration Offices
2800 Watkins Lake Road, Waterford, MI 48328
October 5, 2011
9:00 AM
Agenda
1. Call Meeting to Order
2. Roll Call
3. Pledge of Allegiance
4. Approval of Minutes: September 7, 2011
5. Approval of Agenda
6. Public Comments
7. CONSENT AGENDA
A. Internal Service and Department Funds Payment Register for Month Ending
08/31/11 (FM 11, FY 2011); Voucher Payment Register for Month Ending
08/31/11 (FM 11, FY 11)
B. Monthly Financial Statement Executive Summary for
Month ending 8/31/11 ( FM 11, FY 2011 )
8. REGULAR AGENDA
A. Highland Oaks Residential Lease Agreement
B. Catalpa Oaks Update
Action Required
Presenter/Phone #
G. Fisher/248.514.9814
11
Approval K. Kohn 248.858.4606
Approval G. Fisher/D. Stencil 248.858.4944
G. Fisher/D. Stencil
Approval J. Phelps 248.858.5319/D. Stencil
Approval J. Phelps /D. Stencil
Approval P. Castonia 248.858.0909 /D. Stencil
Informational M. Donnellon 248.858.4623/D. Stencil
Oakland County Parks and ,-'_°'creation Commission Meeting
Parks & Recreation _,imimstration Offices
2800 Watkins Lake Road, Waterford, MI 48328
October 5, 2011
9:00 AM
Agenda (Page 2)
C. Addison Oaks — Windows & Insulation Bid
Energy Efficiency Community Block Grant (EECBG) — Contract Informational M. Donnellon/D. Stencil
D. Draft of Proposed RFP — Wetland Mitigation Banker Services,
Addison Oaks Informational B. Bird 248.858.1726/D. Stencil
E. Recommendation of Resolution for Early Termination of
Oak Management Lease with Transition Provisions Informational P. Castonia/D. Stencil
9. STAFF REPORTS
.A.
Activity Report
Receive and File
J. Dunleavy 248.858.4647
B.
I.T. Quarterly Update
Receive and File
P. Castonia /D. Stencil
C.
Purchasing 3Td Quarter Report
Receive and File
P. Castonia / D. Stencil
D. CIP Major Maintenance, Natural Resources Management Mike Donnellon 248.858.4623
and Planning Quarterly Update Informational Brittany Bird 248.858.1726
Jon Noyes 248.858.4624
E. Executive Officer's Report Receive and File D. Stencil
10. OLD BUSINESS G. Fisher
I I. NEW BUSINESS G. Fisher
11. ADJOURN
Next Meeting:
9 a.m. on Wednesday, November- 9, 2011, at Addison Oaks 1480 W. Romeo Road, Leonard, Michigan 48367-3706
Conference Center Phone: 248-693-8305
Tour of Addison Oaks facilities will follow 11/09/11 meeting
OAKLAND COUNTY PARKS AND RECREATION COMMISSION MEETING
September 7, 2011
Chairman Fisher called the meeting to order at 9:05 a.m. in the commission room of the Parks and Recreation
Commission's administration office.
COMMISSION MEMBERS PRESENT:
Chairman Gerald Fisher, Vice Chairman John McCulloch, Secretary J. David VanderVeen, A. David
Baumhart III, Robert Kostin, Christine Long, Gary McGillivray, John Scott
COMMISSION MEMBERS ABSENT WITH NOTICE:
Chairperson Emeritus Pecky D. Lewis, Jr., Eric Wilson
ALSO PRESENT:
Parks and Recreation
OC Fiscal Services
OC Purchasing
Michigan Dept. of Natural Resources
Carl's Foundation
Soil and Materials Engineers, Inc.
Barton Malow Design
City of Madison Heights
APPROVAL OF MINUTES:
Daniel Stencil, Executive Officer
Sue Wells, Manager, P & R Operations
Mike Donnellon, Chief -Parks Fac., Maint. & Ops.
Terry Fields, Chief - Recreation Programs & Services
Jim Dunleavy, Chief, Parks Ops. & Maint. — N. District
Larry Gee, Chief, Parks Ops. & Maint. — S. District
Karen Kohn, Supervisor —Administrative Services
Desiree Stanfield, Communications Supervisor
Zach Crane, Architectural Engineer
Brittany Bird, Natural Resources Planner
Jeff Phelps, Supervisor II
Ed Tucker, Buyer
Jim Francis, Fish Biologist, Fisheries Division
Elizabeth Stieg, Executive Director
Laurel Johnson
Duane McDevitt, Director, Professional Services
Brian Gorzynski, Director, Design
Ed Swanson, Mayor
Jon Austin, City Manager
Bob Gettings, Council Member
Ben Meyers, Friendship Woods Nature Center
Moved by Mr. Scott, supported by Mr. Kostin to approve the minutes of the regular meeting of
August 3, 2011 and the special meeting of August 17, 2011, as written.
AYES: Baumhart, Fisher, Kostin, Long, McCulloch, McGillivray, Scott (7)
NAYS: (0)
Motion carried on a voice vote.
APPROVAL OF AGENDA:
Moved by Mr. Baumhart, supported by Mrs. Long to approve the agenda as presented.
AYES: Baumhart, Fisher, Kostin, Long, McCulloch, McGillivray, Scott (7)
NAYS: (0)
4-1
(Commission Meeting, September 7, 2011)
Motion carried on a voice vote.
PUBLIC COMMENTS:
There were no questions or comments from the public.
CONSENT AGENDA:
Moved by Mrs. Long, supported by Mr. Kostin to approve all items under the Consent Agenda
as presented: Internal Service Funds Journal Voucher Register for month ending 7/31/11
(FM 10, FY 11); Payment Register for month ending 7/31/11 (FM 10, FY 11); Monthly
Financial Statement Executive Summary for month ending 7/31/11 (FM 10, FY 11); and the
Third Quarter Financial Forecast.
AYES: Baumhart, Fisher, Kostin, Long, McCulloch, McGillivray, Scott (7)
NAYS: (0)
Motion carried on a voice vote.
AWARD PRESENTATION — THE CARL'S FOUNDATION:
Executive Officer Dan Stencil presented Elizabeth Stieg, Executive Director of the Carl's Foundation, with a
plaque in recognition of the Carl's Foundation's role in assisting the Oakland County Parks with the acquisition
of the property at Independence Oaks -North. The Carl's Foundation played a significant role in providing a
$105,000 grant partnership between Ducks Unlimited, and the Oakland County Parks to provide additional
funds for the acquisition.
ESTABLISHING UPPER BUSHMAN LAKE AS CATCH -AND -RELEASE FISHING FACILITY;
INDEPENDENCE OAKS -NORTH:
Moved by Mr. VanderVeen, supported by Mr. Baumhart to adopt the following resolution in
support of the Michigan Department of Natural Resources proposed fishing order for Catch -
and -Release fishing regulation for Upper Bushman Lake at Independence Oaks -North
County Park:
WHEREAS, the Oakland County Parks and Recreation Commission has been
notified of a baseline fisheries survey conducted by the Michigan Department of Natural
Resources (MDNR) Fisheries Division at Upper Bushman Lake in May 2011; and
WHEREAS, the results of the said survey indicate the presence of an exceptional
fishery ranking at or above state averages in the areas of catch -per -unit effort, fish size, and
fish growth rates; and
WHEREAS, the small (31 acre) size of the lake and the presence of limited spawning
habitat increase the chance for overharvest under standard state catch limits; and
WHEREAS, the baseline survey results and lake characteristics have prompted
MDNR Fisheries Biologists to recommend management of Upper Bushman Lake under
catch -and -release regulations; and
WHEREAS, the designation of Upper Bushman Lake as a catch -and -release fishery
would make it the only public -access lake managed under this regulation in southeast
Michigan, creating a unique recreational angling opportunity with regional draw.
4-2
(Commission Meeting, September 7, 2011)
NOW THEREFORE BE IT RESOLVED, that the Oakland County Parks and
Recreation Commission supports the designation of Upper Bushman Lake at Independence
Oaks -North County Park as a Special Regulation Catch -and -Release Fishery by Order of the
Michigan Department of Natural Resources (MDNR) Natural Resources Commission (NRC).
AYES: Baumhart, Fisher, Kostin, Long, McCulloch, McGillivray, Scott, VanderVeen (8)
NAYS: (0)
Motion carried on a voice vote.
The resolution will be forwarded to the Michigan Department of Natural Resources for consideration by the
Natural Resources Commission. If approved, the special designation will go into effect April 1, 2012.
MADISON HEIGHTS NATURE CENTER/INDEPENDENCE OAKS NATURE CENTER INTERPRETIVE
PROGRAMMING UPDATE:
As directed by the Commission, staff has been researching collaborations/partnerships and evaluating the
operations of the W int Nature Center and the potential of the Madison Heights Nature Center for operations.
Manager — P & R Operations Sue Wells reported the Wint Nature Center has begun to operate within the
reduced budget, sharing details on the changes staff has initiated including reducing the programming to four
days a week, scheduling seasonal staff to operate the facility, and focusing more programming opportunities
on the revenue -generating groups.
Staff discussed the potential of operating the Madison Heights Nature Center in a similar manner. One of the
challenges being faced is the city has no funding available for maintenance of the facility and trails; Oakland
County Parks is being asked to maintain the entire facility.
Staff discussed a five-year lease of the facility, with the following points:
• Lease would be $1 annually
• Programs will focus on all of Oakland County Parks' core services
• Hours of programming will be limited to four days a week
• Facility to be operated by Parks Helpers
• Utilize maintenance staff from Red Oaks Golf Course with addition of Parks Helpers
• Oakland County Parks will be responsible for maintenance and operations of facility and grounds
• Oakland County Parks will be responsible for maintenance standards of facility and grounds
• There will be additional upfront costs to address health and safety issues (ie tree removal, trail repair)
• Madison Heights will pay for the annual utilities of the facility (projected at approximately $13,000 for
2012)
• Madison Heights will allow Oakland County Parks to utilize office supplies/equipment, nature exhibits,
and small tools.
• Madison Heights will allow Oakland County Parks the use of their fiberoptics to the building for IT
purposes.
• No capital improvement or major maintenance projects would be forecasted during the first five years,
except to address health and safety issues.
• Oakland County Parks, with City of Madison Heights and regional stakeholders, will develop a
proposed master plan after year two of the lease.
Discussion followed on the following concerns:
• Proposed operations for the Nature Center would be subsidized over $200,000 annually
• After five years, Oakland County Parks would be committed to a 50/50 cost share of parking lot
repairs; approximately $224,000
4-3
(Commission Meeting, September 7, 2011)
• No final determination has yet been made to keep Wint Nature Center open, much less operating a
second nature center
• Other communities approaching Oakland County Parks to assist with struggling nature centers
• Physical challenge of the building with inadequate parking and bathrooms
• Philosophy of requiring vehicle permit to use the facility
• Consideration by City of Madison Heights to sell the property to Oakland County Parks; legal issues
involved and available alternatives
• Grant restrictions on the property which require the nature center to remain an outdoor education
facility
• Setting parameters/guidelines for evaluating these opportunities as regional recreation facilities
• Importance of setting direction with master plan before making long-term commitment and capital
improvements
Moved by Mr. McCulloch, supported by Mr. VanderVeen to direct staff to work with the City of
Madison Heights to complete a master plan on the Madison Heights Nature
Center/Friendship Woods Park within two years, discuss alternatives for the facilities, and
present a recommendation to the Parks Commission based on that master plan. Also, set
parameters/guidelines for staff/Parks Commission to evaluate facilities and opportunities,
particularly in the more urbanized areas.
ROLL CALL VOTE:
AYES: Baumhart, Fisher, McCulloch, McGillivray, VanderVeen (5)
NAYS: Kostin, Long, Scott (3)
A sufficient majority having voted, the motion carried.
Staff will report on the master plan timeline at the October 5 meeting.
PROFESSIONAL SERVICES CONTRACT — CATALPA OAKS:
Staff has been working extensively with Oakland County Purchasing and Barton Malow Design, as well as the
lowest qualified bidder The Braun Group, to look at value engineering (cost savings) on the Phase I
construction project at Catalpa Oaks.
Consultants from Barton Malow Design provided details on where the bids differentiated from their original
cost estimates. Significant differences occurred through the evolution of design and included site
improvements, utilities, irrigation, superstructure, exterior enclosure, electrical, and HVAC.
Concerns were shared about former direction by Commission to get construction underway as quickly as
possible and re -bidding as construction manager with a new project scope. Timeline will be a factor, with staff
goal of meeting August 1, 2012 deadline for fall soccer leagues at the park.
Barton Malow Design will re -address the project design at no additional costs to the Commission. Their
contract administration fee, as previously approved, is a flat fee of $125,000.
Staff will confirm with Purchasing the construction management process, either using already qualified bidders
or re -bidding, or clarifying other options available to us.
Moved by Mr. McCulloch, supported by Mr. VanderVeen to direct staff and Barton Malow
Design to prepare a revised design and budget on the Catalpa Oaks phase I construction
project and present it to the Executive Commission on September 28, along with options for
procurement. Based on that presentation, staff will present a recommendation at the Oct. 5
4-4
(Commission Meeting, September 7, 2011)
Commission meeting on how to proceed with the project.
AYES: Baumhart, Fisher, Kostin, Long, McCulloch, McGillivray, Scott, VanderVeen (8)
NAYS: (0)
Motion carried on a voice vote.
INDEPENDENCE OAKS CULVERT REPLACEMENT PROJECT/BUDGET AMENDMENT:
Chief of Park Facilities Maintenance and Development Mike Donnellon reported on a failing culvert situated at
the headwaters of the Clinton River within the main entrance road at Independence Oaks. Exploration and
emergency repairs were performed until adequate repairs are determined. Environmental Consulting &
Technology, Inc., a blanket contract engineer, was requested to provide an initial budget proposal for the
culvert replacement, including a design engineering proposal to complete the necessary hydrological study
and construction drawings for the culvert replacement.
Staff requested Commission approval to transfer the amount of $81,200 from the pending FY 2012 Capital
Improvement Program Budget Contingency to a new FY 2012 Capital Improvement Program Project for the
initial project budget of $81,200 to replace the culvert, including a design engineering proposal to complete the
necessary hydrological study and construction drawings for the culvert replacement. Additional funds may be
required for this project depending on the results of the engineering and a possible decision by the DNR
requiring Oakland County Parks to install a box culvert.
Moved by Mr. McGillivray, supported by Mr. Baumhart to approve a transfer the amount of
$81,200 from the pending FY 2012 Capital Improvement Program Budget Contingency to a
new FY 2012 Capital Improvement Program Project for the initial project budget of $81,200 to
replace the culvert across the main entrance road at Independence Oaks, including a design
engineering proposal to complete the necessary hydrological study and construction
drawings for the culvert replacement.
AYES: Baumhart, Fisher, Kostin, Long, McCulloch, McGillivray, Scott, VanderVeen (8)
NAYS: (0)
Motion carried on a voice vote.
SPRINGFIELD OAKS DAM REPORT AND RECOMMENDATION:
Chief of Park Facilities Maintenance and Development Mike Donnellon updated the Commission on the status
of the Springfield Oaks Dam and the recommendations from the Preliminary Evaluation Report as provided by
the consultant Soils and Materials Engineers, Inc. He requested Commission approval to allow staff to work
with the Township of Springfield, Road Commission for Oakland County, and the Oakland County Water
Resources Commission to establish a collaborative effort in maintaining/repairing the dam.
Corporation Counsel is currently reviewing information to determine who has jurisdiction/responsibility over the
dam.
Vice Chairman McCulloch indicated it may be necessary to create a legal district/entity for taking care of this
project and future maintenance of the dam. Once the legal jurisdiction/entity is established, a strategy can be
determined.
Moved by Mr. Scott, supported by Mr. Baumhart to table a recommendation on the
negotiations for a possible collaboration on the repairs/maintenance of the Springfield Oaks
dam until jurisdiction/responsibility for the dam has been established.
4-5
(Commission Meeting, September 7, 2011)
AYES: Baumhart, Fisher, Kostin, Long, McCulloch, McGillivray, Scott, VanderVeen (8)
NAYS: (0)
Motion carried on a voice vote.
Updates on the project will be provided in the Executive Officer's Reports.
ACTIVITY REPORT:
The Activity Report for the month of August, 2011 was accepted with a correction to the Lyon Oaks Driving
Range of 2,094 participants.
EXECUTIVE OFFICER'S REPORT:
In addition to the Executive Officer's report filed in the agenda, the following information was noted:
---Oak Management has notified staff of its willingness to release the last three years of their lease as
concessionaire with the Parks Commission, which would then expire December 31, 2012. They also indicated
their willingness to give up concessions at the waterparks and campgrounds effective January 1, 2012. Staff is
working to put together the Requests for Proposal for the service at our facilities. Corporation Counsel is also
reviewing Oak Management's letter to ensure the appropriate legal measures are followed for the release from
the lease.
Commissioners Lewis and Scott were appointed to assist staff with the RFP process.
---Beginning in 2012, Oakland County Parks will be changing its internal policy on the acceptance of personal
checks. OCPR will no longer be accepting personal checks less than two weeks prior to an event. However,
business/corporate checks will be accepted. This change in policy is due to the number of NSF checks
returned from financial institutions.
OLD BUSINESS:
None
NEW BUSINESS:
Commissioners VanderVeen and McCulloch were appointed to a sub -committee to work with staff to evaluate
the capital improvement/major maintenance project process. Commissioner Wilson will also serve, contingent
upon his acceptance to Chairman Fisher.
The next Commission meeting will be 9:00 a.m. on Wednesday, October 5, 2011 at the Parks Commission's
administration office.
Meeting was adjourned at 11:12 a.m.
J. David VanderVeen, Secretary Karen S. Kohn CPS/CAP, Recording Secretary
4-6
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
PAYMENT APPROVAL SUMMARY
FOR MEETING OF:
October 5, 2011
*INTERNAL SERVICE AND DEPARTMENT FUNDS PAYMENT REGISTER:
August (FM11, 2011)
*VOUCHER PAYMENT REGISTER:
Voucher Report Period, August (FM11, 2011)
TOTAL
*BACKUP INFORMATION IS AVAILABLE FOR REVIEW.
7A -1
1,273,613.88
496,992.15
$1,770,606.03
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
MONTHLY FINANCIAL STATEMENTS EXECUTIVE SUMMARY
FM 11, FY 2011
(FOR MONTH ENDING 8131/11)
FY 2011
OPERATING BUDGET - Section A BUDGET
Operating Revenue $25,019,81100 $19,800,655.63 $5,219,157.37
Operating Expense $25,019,813.00 $17,697,615.35 $7,322,197.65
REVENUE OVER/(UNDER) EXPENSES $0.00 $2,103,040.28 ($2,103,040.28)
FY 2011 Operating Stabilization Fund earmark $6,250,000 (25% of $25,003,813)
FY 2011 to
FY 2013
CAPITAL IMPROVEMENT PROGRAM ESTIMATED
BUDGET PLAN - Section B PROJECT COST
TOTAL $17,196,524.51
*Includes prior fiscal years carry over expenses of $5,390,336.92
PROJECT TO
DATE
EXPENSE PROJECT
PAYMENTS* BALANCE
(OVER), UNDER % OF
YEAR TO DATE BUDGET BUDGET
79.1 %
70.7%
% OF
BUDGET
$6,061,228.42 $11,135,296.09 35.2%
FY 2011 Capital Stabilization Fund earmark $0 (recommend establishing in FY 2012 )
CAPITAL EQUIPMENT BUDGET PLAN -
Section C
TOTAL
YEAR TO DATE
FY 2011 EXPENSE
(OVER), UNDER % OF
BUDGET PAYMENTS
BUDGET BUDGET
$18,956.12 $13,356.12
$5,600.00 70.5%
7B-1
SUMMARY of Sections A, B, and C
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
COMBINED STATEMENT OF OPERATIONS
FM 11, FY 2011
(FOR MONTH ENDING 8131/11)
2011
YEAR TO
(OVER),
% OF
REVENUE
BUDGET
DATE
UNDER BUDGET
BUDGET
ADMINISTRATIVE SERVICES: Millage Tax
$12,586,000.00
$12,708,659.99
($122,659.99)
101.0%
Other
272,300.00
157,010.11
115,289.89
57.7%
GLEN OAKS GOLF COURSE
1,058,016.00
798,858.57
259,157.43
75.5%
LYON OAKS GOLF COURSE
1,188,290.00
979,498.55
208,791,45
82A%
RED OAKS GOLF COURSE
413,900,00
274,908.82
138,991,18
66.4%
SPRINGFIELD OAKS GOLF COURSE
759,600.00
585,811.83
173,788,17
77.1%
WHITE LAKE OAKS GOLF COURSE
884,432.00
635,143.81
249,288.19
71.8%
INDEPENDENCE OAKS NATURE CENTER
31,800.00
28,485.71
3,314,29
89.6%
ADDISON OAKS
444,780.00
395,831.82
48,948.18
89.0%
ADDISON OAKS CONFERENCE CENTER
126,000.00
66,720.48
59,279.52
53.0%
GROVELAND OAKS
678,700.00
645,800.50
32,899.50
95.2%
HIGHLAND OAKS
3,000,00
934.00
2,066.00
31.1%
INDEPENDENCE OAKS
317,622.00
274,538.48
43,083,52
86.4%
LYON OAKS
85,000.00
62,347.50
22,652.50
73.4%
ORION OAKS
121,000,00
87,134.10
33,865.90
72.0%
RED OAKS DOG PARK
42,100.00
33,308.00
8,792.00
79.1%
ROSE OAKS
2,000.00
9,863.00
(7,863.00)
493.2%
SPRINGFIELD OAKS ACTIVITY CENTER/PARK
60,874.00
55,401.38,
5,472.62
91.0%
WATERFORD OAKS ACTIVITY CENTER/PARK
45,649.00
46,478.65
(829.65)
101.8%
RECREATION PROGRAMS & SERVICES
435,390.00
176,737.50
258,652.50
40.6%
CATALPA OAKS
10,000.00
1,775.00
8,225.00
17.8%
RED OAKS WATERPARK
948,680.00
1,109,564.22
(160,884.22)
117.0%
WATERFORD OAKS BMX COMPLEX
21,780.00
12,723.50
9,056.50
58.4%
WATERFORD OAKS TOBOGGAN COMPLEX
11,000.00
7,576.00
3,424.00
68.9%
WATERFORD OAKS WATERPARK
820,100.00
645,544.11
174,555.89
78.7%
NON -OPERATING PLANNED USE OF BALANCE
3,651,800.00
0.00
3,651,800.00
N/A
TOTAL REVENUE
$25,019,813.00
$19,800,655.63
$5,219,157.37
79.1%
EXPENSES
ADMINISTRATIVE SERVICES
$6,012,790.00
$4,516,002.57
$1,496,787.43
75.1%
FISCAL SERVICES ADMINISTRATION
154,010.00
101,101.85
52,908.15
65.6%
FISCAL SERVICES PARKS & REC
274,659.00
196,810.75
77,848,25
71.7%
GLEN OAKS GOLF COURSE
1,147,642.00
983,308.86
164,333.14
85.7%
LYON OAKS GOLF COURSE
2,038,833.06
1,358,904.21
679,928.79
66.7%
RED OAKS GOLF COURSE
696,381.00
486,083.17
210,297.83
69.8%
SPRINGFIELD OAKS GOLF COURSE
894,827.00
615,200.02
279,626.98
68.8%
WHITE LAKE OAKS GOLF COURSE
1,125,181.00
726,642.14
398,538.86
64.6%
INDEPENDENCE OAKS NATURE CENTER
510,764.00
367,891.27
142,872.73
72.0%
ADDISON OAKS
1,522,764.00
1,094,597.15
428,166.85
71.9%
ADDISON OAKS CONFERENCE CENTER
244,552.00
145,375.16
99,176.84
59.4%
GROVELAND OAKS
1,341,486.00
981,539.73
359,946.27
73.2%
HIGHLAND OAKS
86,481.00
29,441.40
57,039.60
34.0%
INDEPENDENCE OAKS
938,255.00
809,189.43
129,065.57
86.2%
LYON OAKS
377,822.00
259,758.80
118,063.20
68.8%
ORION OAKS
191,747.00
133,080.51
58,666.49
69.4%
RED OAKS DOG PARK
64,526.00
36,385.11
28,140.89
56.4%
ROSE OAKS
78,581.00
44,818.41
33,762.59
57.0%
SPRINGFIELD OAKS ACTIVITY CENTER/PARK
467,810.00
304,901.28
162,908.72
65.2%
WATERFORD OAKS ACTIVITY CENTER/PARK
684,077.00
362,023.80
322,053.20
52.9%
RECREATION PROGRAMS & SERVICES
1,256,735.00
956,743.59
299,991.41
76.1%
CATALPA OAKS
142,503.00
29,421.26
113,081.74
20.6%
RED OAKS WATERPARK
1,272,270.00
1,067,213.77
205,056.23
83.9%
WATERFORD OAKS BMX COMPLEX
62,511.00
35,921.61
26,589.39
57.5%
WATERFORD OAKS TOBOGGAN COMPLEX
235,279.00
124,952.02
110,326.98
53.1%
WATERFORD OAKS WATERPARK
1,101,382.00
830,428.97
270,953.03
75.4%
FACILITIES & MAINTENANCE
1,395,945.00
915,819.94
480,125.06
65.6%
CONTINGENCY/INTERNAL SERVICE CHARGES'
700,000.00
184,058.57
515,941.43
N/A
TOTAL EXPENSES .
$25,019,813.00
$17,697,615.35
$7,322,197.65
70.7%
REVENUE OVER/(UNDER) EXPENSES
$0.00
$2,103,040,28
($2,103,040.28)
2011
2010
2009
2008
ACTUAL REVENUE TO DATE:
79.1%
76.5%
93.6%
97.6%
BUDGET BALANCE:
20.9%
23.5%
6.4%
2.4%
ACTUAL EXPENSE TO DATE:
70.7%
66.7%
72.5%
76.8%
BUDGET BALANCE:
29.3%
33.3%
27.5%
23.2%
Note: FY 2008-2009 percents did not include the non -operating Planned Use of Balance Revenue amounts
FY 2008-2010 Expenses are comparable again as of 5/31110.
`CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT.
(Page 1 of 3) 713-2
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
COMBINED STATEMENT OF OPERATIONS
FM 11, FY 2011
(FOR MONTH ENDING 8131111)
CONTINGENCY: BUDGET AMENDMENTS
CONTINGENCY: PENDING
OTHER: BUDGET AMENDMENTS
$16,000 to Independence Oaks -Donations (OCPR May/Posted June)
$16,000 to Independence Oaks -Land and Improvements (OCPR May/Posted June)
OTHER: PENDING
(Page 2 of 3) 7B-3
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
COMBINED STATEMENT OF OPERATIONS
REVENUE AND EXPENSE COMPARISON
FM 11, FY 2011
(FOR MONTH ENDING 8/31/11)
PARK
ADMINISTRATIVE SERVICES:
ADMINISTRATIVE SERVICES (Inc. Tax Revenue)
FISCAL SERVICES ADMINISTRATION
FISCAL SERVICES PARKS & REC
ADMINISTRATIVE SERVICES SUB -TOTAL
GOLF:
GLEN OAKS GOLF COURSE
LYON OAKS GOLF COURSE
RED OAKS GOLF COURSE
SPRINGFIELD OAKS GOLF COURSE
WHITE LAKE OAKS GOLF COURSE
GOLF SUB -TOTAL
NATURE:
INDEPENDENCE OAKS NATURE CENTER
NATURE SUB -TOTAL
PARKS:
ADDISON OAKS
ADDISON OAKS CONFERENCE CENTER
GROVELAND OAKS
HIGHLAND OAKS
INDEPENDENCE OAKS
LYON OAKS
ORION OAKS
RED OAKS DOG PARK
ROSE OAKS
SPRINGFIELD OAKS ACTIVITY CENTER/PARK
WATERFORD OAKS ACTIVITY CENTERWARK
PARKS SUB -TOTAL
RECREATION:
RECREATION PROGRAMS & SERVICES
CATALPA OAKS
RED OAKS WATERPARK
WATERFORD OAKS BMX COMPLEX
WATERFORD OAKS TOBOGGAN COMPLEX
WATERFORD OAKS WATERPARK
RECREATION SUB -TOTAL
FACILITIES & MAINTENANCE:
FACILITIES & MAINTENANCE
FACILITIES & MAINTENANCE SUB -TOTAL
CONTINGENCY/INTERNAL SERVICE CHARGES*
TOTAL
YEAR TO DATE
REVENUE
$12,865,670.10
0.00
0.00
12,865,670.10
798,858.57
979,498.55
274,908.82
585,811.83
635,143.81
3,274,221.58
YEAR TO DATE
EXPENSE
$4,516,002.57
101,101.85
196,810.75
4,813,915.17
983,308.86
1,358,904.21
486,083.17
615,200.02
726,642.14
4,170,138.40
REVENUE OVER
(UNDER) EXP.
$8,349,667.53
(101,101.85)
(196, 810.75)
8,051,754.93
(184,450.29)
(379,405.66)
(211,174.35)
(29,388.19)
(91,498.33)
(895,916.82)
28,485.71 367,891.27 (339,405.56)
28,485.71 367,891.27 (339,405.56)
395, 831.82
66,720.48
645,800.50
934,00
274,538.48
62,347.50
87,134.10
33,308.00
9,863,00
55,401.38
46,478.65
1,678, 357.91
176,737.50
1,775.00
1,109,564.22
12,723.50
7,576.00
645, 544.11
1,953,920.33
1,094,597.15
145,375.16
981, 539.73
29,441.40
809,189.43
259,758.80
133,080.51
36,385.11
44,818.41
304,901.28
362,023.80
4,201,110.78
956,743.59
29,421.26
1,067,213.77
35,921.61
124,952.02
830,428.97
3,044,681.22
(698,765.33)
(78,654.68)
(335,739.23)
(28,507.40)
(534,650.95)
(197, 411.30)
(45,946.41)
(3,077.11)
(34, 955.41)
(249,499.90)
(315,545.15)
(2,522,752.87)
(780,006.09)
(27,646.26)
42,350.45
(23,198.11)
(117,376.02)
(184,884.86)
(1,090,760.89)
0.00 915,819.94 (915,819.94)
0.00 915,819.94 (915,819.94)
0.00 184,058.57
$19,800,655.63 $17,697,615.35
*CONTINGENCY YTD FIGURE: INTERNAL SERVICE FUNDS PAYMENTS IN TRANSIT.
(184,058.57)
$2,103,040.28
See the Oakland County website's "Transparency in Government -Monthly Financials" to view the latest monthly Financial
Statement detail by each departments' budget units:
1. Log on the www.oakqov.com/fiscal/info pub/month lyre ports. htm1
2. Click on "View the Monthly Financials and Quarterly Forecast" hyperlink on the bottom of the page
3. Click on "Parks and Recreation" hyperlink within the list
4. Click on each of the Parks and Recreation monthly financial reports you are interested in viewing
5. Or do a search for "Monthly Financials"
(Page 3 of 3) 7B-4
Oakland County Parks and Recreation Commission
Capital Improvement Program (CIP) Budget Plan Report
FM 11, FY 2011
As of 8/31111
Summary Total for All Parks
2/28/2010 Contract(s)
Estimated FY 2010 FY 2011 Net New Estimated Amount Contract(s) Awd., Pre & Enc. Project
Park Proiect Cost Adjustment Adjustment Adjustment Protect Cost Paid Retainer Balance " Balance
Future Acquisition & Improvements
3,000,000.00
0,00
0.00
0.00
3,000,000.00
0.00
0.00
0.00
3,000,000.00
Addison Oaks (A)
2,210,000,00
0.00
(200,000,00)
(200,000.00)
2,010,000.00
(1,692.80)
0.00
0.00
2,008,307.20
Catalpa Oaks
1,395,000.00
0.00
(65,000.00)
(65,000.00)
1,330,000.00
(60,203,31)
0.00
0.00
1,269,796.69
Glen Oaks
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
Groveland Oaks
120,000.00
0.00
0.00
0.00
120,000.00
(13,562.50)
0.00
0.00
106,437.50
Highland Oaks (B)
369,000.00
0,00
0,00
0.00
369,000.00
(12,954.80)
0.00
0.00
356,045.20
Independence Oaks (C)
3,996,000.00
2,000.00
(429,135.85)
(427,135.85)
3,568,864.15
(3,184,573.97)
0.00
0.00
384,290.18
Lyon Oaks (D)
143,476.97
0.00
0.00
0.00
143,476.97
(26,437.97)
0.00
0.00
117,039.00
Orion Oaks
140,000.00
0.00
0.00
0.00
140,000.00
(10,302.51)
0.00
0,00
129,697.49
Red Oaks (E)
1,513,628.00
22,680.48
42,304,28
64,984,76
1,578,612.76
(1,082,375.24)
0.00
0.00
496,237.52
Rose Oaks (F)
732,000.00
0.00
0,00
0.00
732,000.00
0.00
0.00
0,00
732,000.00
Springfield Oaks
230,000.00
0.00
0.00
0.00
230,000.00
(32,348,03)
0.00
0,00
197,651.97
Waterford Oaks (G)
1,609,999.57
110,638.45
6,139,27
116,777.72
1,726,777.29
(1,636,777.29)
0.00
0.00
90,000.00
White Lake Oaks
0.00
0.00
0,00
0.00
0.00
0,00
0.00
0.00
0.00
Contingency
1,737,419.97
(135,318.93)
645,692,30
510,373.37
2,247,793.34
0.00
0.00
0.00
2,247,793.34
Capital Improvement Program Grand Total
$17,196,524.51
$0.00
$0.00
$0.00
$17,196,524.51
($6,061,228.42)
$0.00
$0.00
$11,135,296.09
(A) State Grant $844,800
(B) State Grant $28,160
(C) State Grant $945,000
(D) State Grant $35,200
(E) State Grant $94,160
(F) State Grant $150,480
(G) Federal Grant $190,000/Private Grant $250,000
Grand Total of (possible) grants and donations included in Estimated Project Cost = $2,537,800
Dollar Column Explanation:
2/28/10 Estimated Project Cost is the sum of the current year's Budget columns "Project Cost Estimate" figure, the "Adjusted to Project Cost" figure, and the "Proposed New Projects" figure for the projects still open
(any "Project Balance" funds for projects closed to fixed assets at the end of the prior fiscal year have been added to the contingency).
FY 2010 Adjustment is the net of any adjustments made from/to contingency and individual projects in March - September of the prior fiscal year (the current fiscal year's perpetual budget started with figures
as of 2/28).
FY 2011 Adjustment is the net of any adjustments made from/to contingency and individual projects during the current fiscal year.
Net Adjustment is the sum of "FY 2010 Adjustment" and "FY 2011 Adjustment" figures.
New Estimated Project Cost is the sum of "2/28/10 Estimated Project Cost", "FY 2010 Adjustment" and `FY 2011 Adjustment" (or "Net Adjustment") figures.
Amount Paid is the cost of the project expensed as of the report date. This amount includes the "Contract(s) Retainer" dollars.
Contract(s) Retainer is the amount of retainage withheld from a contract payment and may be in an interest bearing account set-up via the O.C. Treasurer's office. The amount is not part of the "Project Balance"
calculation because it is already included in the "Amount Paid" figure.
Contract(s) Awd. Pre & Enc, Balance is the sum of the Pre -encumbered and Encumbered dollars for the contracts that have been awarded and for outstanding Requisitions and Purchase Orders.
Project Balance is the amount of available dollars remaining on a project that have not been paid or encumbered.
` Pre -Encumbered & Encumbered charges are NIA at this time, figures are based on large contracts.
7B-5 CIP Summary Page 1 of 2
OAKLAND COUNTY PARKS & RECREATION
COMMISSION AGENDA
CTO ER 5,2011 AGENDA ITEM NO. 8A
INTERNAL SERVICES
To: Chairman Fisher and Commission Members
From: Daniel J. Stencil, Executive Officer; Phil Castonia, Business Development Representative
Submitted: September 29, 2011
Subject: Approval of Highland Oaks Residential Lease Agreement
INTRODUCTION AND HISTORY
In April 2009, the Oakland County Parks and Recreation Commission approved the Residential Property Lease
Policy. The purpose of the policy was to set forth procedures and guidelines to manage residential properties
located on Oakland County park property. In accordance with the policy the Oakland County Parks and
Recreation Executive Officer shall oversee the implementation and interpretation of this policy.
Highland Oaks, a 260-acre park, was acquired and opened in 2007, and included residential property which
was occupied by the owners of the property, the Parker Family. The residence is located on North Milford
Road and was built in 1976. It is a 927-square-foot house that has two bedrooms and one and one-half
bathrooms. There is also a garage and basement that are a part of the house and included in the lease.
A large barn that is adjacent to the house will not be included in this lease, and will continue to be used for park
operations.
The attached lease agreement has been prepared by Oakland County Corporation Counsel.
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.
ATTACHMENTS
- Residential Lease — Podina — Highland Oaks
- Resolution for Residential Lease — Podina — Highland Oaks
STAFF RECOMMENDATION
The staff recommends adopting the attached resolution in support of the lease agreement, which will be
forwarded to the Oakland County Board of Commissioners for approval.
MOTION
Move to adopt the resolution approving the Residential Lease for John and Carolyn Podina for the
Highland Oaks Residential Property located 6555 North Milford Road, Holly, MI for a 5-year term
effective March 1, 2012.
A
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 March 1, 2012, between the County of
Oakland, 1200 North Telegraph, Pontiac, MI 48341 ("Landlord") and Jolm and Carolyn Podina,
6555 North Milford Road, Holly, Michigan 48442 ("Tenant") according to the terms and
conditions set forth below.
I. Premises. The Tenant leases from landlord the real property located at 6555 North
Milford Road, Holly, Michigan 48442 ("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 March 1, 2012
and ending on February 28, 2017. References in this Lease to the term of the Lease shall
include any renewal term(s). Tenant shall receive possession of the Premises upon
execution of the Lease.
3. Tenant Monetary Obligations.
3.1. Tenant shall pay Landlord the following rent on or before the first day of each
month during the term of this Lease:
March 1, 2012 - December 31, 2012 $595.00 per month
January 1, 2013 - December 31, 2013 $607.00 per month
January 1, 2014 - December 31, 2014 $619.00 per month
January 1, 2015 -December 31, 2015 $631.00 per month
January 1, 2016 - December 31, 2016 $644.00 per month
January 1, 2017 - February 28, 2017 $657.00 per month
3.2. The rent shall be paid by check or money order made payable to the Landlord and
sent to the following address: Oakland County Parks and Recreation, 2800
Watkins Lake Road, Waterford, Michigan 48328 or another address designated by
Landlord in writing.
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.
Residential Lease - Podina - Highland Oaks.doc
8 A-2
3.4. 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 tinder 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.
3.5. During the term of this Lease, the Tenant shall procure and maintain
comprehensive personal liability or tenant's form insurance coverage in the
minimum amount of One Hundred Thousand Dollars ($100,000.00). The Tenant
shall also provide the Landlord with a certificate of insurance coverage listing the
County of Oakland and its employees, officers, and elected and appointed
officials as additional insureds.
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.
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
Residential Lease - Podina - Highland Oaks.doc
8 A-3
4.3 Tenant Duties.
4.3.1 To the extent permitted by law, the Tenant shall secure and protect the
Park Property and facilities therein, 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 Unusual Incident
Report as required by the Landlord.
4.3.2 The Tenant shall arrange for emergency repair and maintenance services
for Park Property and facilities as needed.
4.3.3 The Tenant shall make reports to the Park Supervisor or other entity as
may be required by the Landlord.
Use of Illegal Substances. Tenant shall not violate or knowingly allow another person to
violate federal, state, or local laws regarding the use of controlled substances or the use
of alcohol by minors in or around the Premises. When aware of a violation of this
section, Landlord will file a formal police report.
6. Condition of Premises.
6.1. Tenant aclaiowledges 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.
6.2. Tenants shall return the Premises to the Landlord in the same condition as they
were upon commencement of this Lease, including cleanliness, normal wear and
tear excepted.
7. Maintenance, Repairs, and Damage to Premises.
7.1. Throughout the tern 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.
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
3
Residential Lease - Podina - Highland Oaks.doc
8 A-4
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 tunes during the sixty (60) days before the tern of the Lease expires and to
prospective purchasers on reasonable notice to Tenant.
1l. 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 and for establishing accounts, if they are not already
established 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; (f) telephones; (g) cable television; and (h) Internet. All accounts for utilities
and services shall be in the name of the Tenant.
15. Termination of Lease.
15.1. Tenant may terminate this Lease for any reason upon thirty (30) days written
notice to Landlord.
15.2. Landlord may terminate this Lease for any reason upon ninety (90) days written
notice to Tenant.
4
Residential Lease - Podina - Highland Oaks.doc
8A-5
15.3. 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. Upon termination of this Lease, Tenant shall
also notify the Landlord of the move -out date, return all keys to the Premises to
Landlord, and transfer all utility and service accounts into the name of the County
of Oakland.
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 pernitted 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 tern 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 relit 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 teen 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 frilly prepaid at the following locations:
Tenant: John and Carolyn Podina
6555 North Milford Road
Holly, MI 48442
Residential Lease - Podina - Highland Oaks.doc
8A-6
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.
19. Modifications. No modifications of this Lease shall be binding unless they are in writing
and signed by Landlord and Tenant.
20. Whole Agreement. This Lease sets forth the entire agreement between Landlord and
Tenant. There are no verbal or written agreements that are not contained in this Lease
between the parties.
21. Binding Effect. This Lease shall bind and benefit the parties to the Lease and their heirs,
personal representatives, successors, and permitted assigns.
22. Severability. If any provision of this Lease is invalid, unlawful, or unenforceable to any
extent, the rest of the Lease and the application of the provision to the persons or
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 LANDLORD
Date Date
6
Residential Lease - Podina - Highland Oaks.doc
8A-7
RESOLUTION
RESIDENTIAL LEASE — PODINA — HIGHLAND OAKS
WHEREAS, the County of Oakland is the owner of Highland Oaks County Park;
and
WHEREAS, a 927-square-foot house, identified as 6555 North Milford Road,
Holly, Michigan 48442, is located on the grounds of Highland Oaks County Park; and
WHEREAS, it is the desire of the Oakland County Parks and Recreation
Commission to lease said house located at 6555 North Milford Road, Holly, Michigan
48442 to John and Carolyn Podina for a period commencing March 1, 2012 through
February 28, 2017; and
WHEREAS, under the terms and conditions of the attached Lease Agreement
John and Carolyn Podina will pay rent as follows:
March 1, 2012 —
December 31, 2012
$595.00 per month
January 1, 2013
— December 31, 2013
$607.00 per month
January 1, 2014
— December 31, 2014
$619.00 per month
January 1, 2015
— December 31, 2015
$631.00 per month
January 1, 2016
— December 31, 2016
$644.00 per month
January 1, 2017
— February 28, 2017
$657.00 per month
each month and pay all utility costs; and
WHEREAS, it is the recommendation of the Oakland County Parks and
Recreation Commission and the Department of Facilities Management that the Oakland
County Board of Commissioners accept and approve the terms and conditions of the
attached Lease Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Parks and
Recreation Commission hereby recommends the Oakland County Board of
Commissioners approve and authorize the attached Lease Agreement between the
County of Oakland and John and Carolyn Podina.
BE IT FURTHER RESOLVED that the rent amount received be deposited in the
Oakland County Parks and Recreation Rental House Revenue fund line item.
BE IT FURTHER RESOLVED that the County of Oakland Board of
Commissioners hereby directs its Chairperson or his designee to execute the attached
Lease Agreement and all other related documents between the County of Oakland and
John and Carolyn Podina, which may be required.
Moved by _
Supported by
Date:
8 A-8
0A"D"CC?UNTYPARKS
OAKLAND COUNTY PARKS & RECREATION
COMMISSION AGENDA
EPTEM ER 7, 2011 AGENDA ITEM No.
FACILITIES MAINTENANCE AND DEVELOPMENT
To: Chairman Fisher and Commission Members
From: Daniel J. Stencil, Executive Officer; Michael J. Donnellon, Jr., Chief of Park Facilities,
Maintenance and Development
Submitted: September 29, 2011
Subject: INFORMATIONAL — Catalpa Oaks —Phase I Development Project
INTRODUCTION AND HISTORY
Since acquiring the 25-acre recreational sports complex in 2007, staff and Commission have been working to
provide improvements to this park as a regional recreational sports complex. The park master plan was adopted in
October of 2008 and a design contract was awarded to Barton Malow Design, Inc. (BMD) in August of 2009.
After much research (including revenue opportunities), analysis, conceptual design and budget estimation, and
Commission input/direction, the Commission approved a business plan in April, 2011 to include a restroom
concession building, picnic shelter, playgrounds and basic irrigation, with a focus on sustainability. The project's
development timeline (attached) reflects the Commission's new strategic focus: first developing a master plan;
second, developing a business plan; then developing a facility that supports those plans. The current project
development phase is the third component of this process.
Since April, staff has been working with Barton-Malow Design (BMD) to complete the necessary construction
documents for bidding to award a contract to a General Contractor. On a parallel course, staff has been working
with the Oakland County Purchasing Department to pre -qualify three (3) General Contractors as follows (selected
on June 17, 2011):
• George W. Auch Company, Pontiac
• Frank Rewold & Son, Inc., Rochester
• The Braun Group, Farmington Hills
Construction drawings (95% complete) were released as an addendum to the pre -qualified general contractors on
July 22, 2011, with the final construction documents released on August 5, 2011.
Since the project construction is over budget, and as requested at the special Commission meeting on August 17,
2011, staff is working with BMD and Purchasing to complete a list of value engineering savings and to provide a
budgeUbid comparison for the project.
After meeting with BMD Staff, including their estimator, staff has confirmed approximately $465,000 in savings for
the project for a current construction budget of $1,083,500. This confirmed savings does not sacrifice building/site
program and function. A large portion of the savings was in the steel structure, masonry and overhang soffits.
Please refer to the attached building elevations, floor plan and site plan.
Based on the Construction Process Sub -Committee discussions and confirmation from Oakland County Purchasing,
staff will be publicly re -bidding revised drawings for the procurement of a construction contract as a new
procurement process for General Contracting. Below is a revised schedule for construction procurement and
implementation of this project.
Determine Cost Savings
Commission Update
8 B-1
September 26, 2011
October 5, 2011
Page 2
MIOMM
Release Bid Documents
Bid Due Date
Commission Update Due
Commission Update
Bid Review Complete
Commission Agenda Item Due
Executive Committee Review
Commission Approval
Ground Breaking Ceremony
Construction Substantially Complete
ATTACHMENTS
Al — Floor Plan
A2 — Restroom/Concession Elevations
A3 — Pavilion Elevations
AS1 —Architectural Site Plan
8 B-2
November 18, 2011
December 15, 2011
December 20, 2011
January 4, 2012
January 18, 2012
January 20, 2012
January 25, 2012
February 7, 2012
Spring 2012
August 2012
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OCTO ER 7, 2011
OAKLAND COUNTY PARKS & RECREATION
COMMISSION AGENDA
AGENDA ITFm #.
To: Chairman Fisher and Commission Members
From: Daniel J. Stencil, Executive Officer;
Michael J. Donnellon, Jr., Chief of Park Facilities, Maintenance & Development.
Submitted: September 29, 2011
Subject: INFORMATIONAL — Addison Oaks Conference Center — EECBG Window & Insulation Project
INTRODUCTION AND HISTORY
In November 2009, Oakland County was awarded a $4,800,000 Energy Efficiency Community Block Grant
(EECBG) as part of the Federal Reinvestments and Recovery Act. The Oakland County Parks & Recreation
Commission received $325,000 of these funds to be utilized towards energy audits and improvements for a
portion of the park facilities. These funds may not be used for audits and improvements on swimming pools
and golf courses, therefore excluding facilities at its five golf courses and two waterparks.
The Oakland County Facilities Management office is assisting OCPRC with facilitating the grant, audits and
improvements for this project. Additionally, staff is utilizing the existing blanket contract, Design Resources for
Architecture, LLC for the necessary construction documents.
On July 26, 2011 and on August 10, 2011, staff, with the assistance of Oakland County Purchasing
Department, received incomplete or no bid proposals for this project, therefore a new bid due date was
established for September 15, 2011 @ 2:00pm, for the following Base Bids & Alternates:
• Base Bid #1 — Attic Insulation
o Alternate #1-A— Blown -in insulation Substitution.
• Base Bid #2 — Banquet/Restroom Insulation
o Alternate #2-A — Duct Insulation
o Alternate #2-B — Crawl Space Vapor Barrier
• Base Bid #3 — Window Repair & Replacement
Staff received bids from the followinq four companies:
Blanket
Insulation
Southfield
DRV Contractors
Shelby Twp.
E&L Construction
Group
Flint
Home & Door
Products
Berkley
Base Bid #1
$29,700.00
$16,635.00
$31,800.00
Alternate 1-A
-$800.00
-$5,200.00
Base Bid #2
$13,100.00
$43,790.00
$8,800.00
Alternate 2-A
$2,680.00
$2,850.00
Alternate 2-13
$1,300.00
$1,000.00
Base Bid #3
$256,600.00
$256,400.00
$208,039.42
8 C-1
Page 2
EMMUMMM
Staff is currently evaluating the vendors based on experience/qualification, references, quality,
warranty/guarantee, and fee:
The architectural estimate for the project is $273,723.
The FY2011 Addison Oaks Conference Center budget (ACC) does not include a line item for this project, since
administration of payments for the EECBG is handled directly with the Federal Department of Energy through
Oakland County's Fiscal Services Department.
STAFF RECOMMENDATION
Since the Department of Energy (DOE) has changed the funding requirements which may result in an OCPRC
funding match, a preliminary recommendation will be made to the Department of Energy to determine if the
project will necessitate an OCPRC funding match.
Staff anticipates confirming the potential funding match and presenting this project for approval in November.
8 C-2
OAKLAND COUNTY PARKS & RECREATION
COMMISSION AGENDA
CTOBER 5, 2011
To: Chairman Fisher and Commission Members
From: Daniel J. Stencil, Executive Officer; Donna Folland, Project Advisor;
Brittany Bird, Natural Resources Planner
Submitted: September 29, 2011
Subject: INFORMATIONAL — Draft of Proposed RFP — Wetland Mitigation Banker Services, Addison Oaks
INTRODUCTION AND HISTORY
As part of the Oakland County Parks Natural Resources Stewardship program, pre -qualified wetland mitigation banking
professionals are being sought for the development of a wetland mitigation bank in Addison Oaks County Park. In 2010
OCPR applied for and successfully attained approval to serve as a demonstration site to implement an MDEQ pilot
program for assisting local units of governments and partnering individuals or entities in the development of wetland
mitigation banks in accordance with amendments to Part 303, Wetlands Protection, of the Natural Resources and
Environmental Protection Act, 1994 PA 451, that became effective November 6, 2009. No funding is provided for the pilot
program. However, MDEQ provides staff and permitting assistance as applicable, and the wetland banking RFP is
designed such that 1) the wetland banker incurs 100% of all wetland bank development costs, and 2) OCPRC receives a
portion of wetland bank credit sales to cover bank stewardship and maintenance costs in perpetuity. Staff is working to
determine the most appropriate process for managing that funding mechanism.
By participating in DNRE's Wetland Mitigation Bank Pilot Program, OCPRC will further management objectives that have
been established through the Parks and Recreation Strategic Plan (May 2008) which identified the need to "Establish
wetland mitigation opportunities in cooperation with developers, land conservancies, CVT's, state and county agencies."
The purpose of this project is to accomplish a sustainable wetland restoration within Addison Oaks County Park that will
meet the following goals:
a. To establish a model program to demonstrate the utility of public/private partnerships in establishing
successful wetland mitigation banks with available credits that further EPA goals of prioritizing banking as
a preferred mitigation method
b. To meet OCPRC Natural Resource Management goals by replacing marginal habitat with a wetland
system with recreational and educational value.
C. To increase the amount of viable functional wetland in the watershed, to meet defined resource
management needs of the Paint/Stony Creek Subwatershed Management Plan and Clinton River Area of
Concern Remedial Action Plan.
d. To meet OCPRC financial sustainability goals by working with the mitigation banker to identify funds for
long-term management of the wetland restoration once all the credits have been sold.
OCPR Planning and Accounting Staff have been working with staff representatives from County Purchasing, Corporation
Counsel, Risk Management, and the Michigan Department of Environmental Quality in the Development of the attached
Draft Request for Proposals.
I
Page 2
fffiffamum
PRELIMINARY WETLAND MITIGATION BANK SCHEDULE:
A. January 2012 — Selection of Wetland Banker
B. March — April 2012 — Develop Site Plan and Banking Agreement
C. May 2012 — Submit Final Site Plan and Banking Agreement to MDEQ
D. July 2012 — Sign Banking Agreement
E. August — October 2012 — Construct Bank
F. September 2013 — Approval of First Bank Credits
ATTACHMENTS:
- "DRAFT: Request for Proposals for Wetland Mitigation Banker Services"
EWE
Attachment B
REQUEST FOR PROPOSALS
FOR
WETLAND MITIGATION BANKER SERVICES
Issue Date: (Month), 2011
Oakland County Parks and Recreation Commission
2800 Watkins Lake Road
Waterford, MI 48328
2011 09 26 Wetland Banker RFP - Draft DF 2.doc
8 D-3
1 of 9
SECTION I GENERAL INFORMATION
1. PURPOSE
As part of the Oakland County Parks Natural Resources
Stewardship program, pre -qualified wetland mitigation banking
professionals are being sought for the development of a wetland
mitigation bank in Addison Oaks County Park.
2. HISTORICAL PERSPECTIVE
A. Oakland County Parks and Recreation Commission
The Oakland County Parks system consists of 13 parks,
including five golf courses and six day -use and/or camping
parks. There are approximately 6,793 acres of total
parkland.
Roughly 70% of OCPRC parkland is designated as
undeveloped natural resource base land. Undeveloped
park areas are public treasures that require sound
stewardship based on the most current scientific principles of
restoration ecology. OCPRC's natural resource management
program is distinct from the maintenance of parks as
facilities and is specifically targeted toward ecological
management of the land.
B. Michigan Department of Environmental Quality (MDEQ)
Wetland Mitigation Bank Pilot Program
In accordance with amendments to Part 303, Wetlands
Protection, of the Natural Resources and Environmental
Protection Act, 1994 PA 451, as amended, that became
effective November 6, 2009, the MDEQ is implementing a
pilot program for assisting local units of governments and
partnering individuals or entities in the development of
wetland mitigation banks. This assistance shall include, but
not be limited to, supplying maps of potential wetland
restoration areas for site selection, reviewing potential sites
for mitigation banks, and expediting review of conceptual
design plans. Counties with a population of 500,000 or more,
or municipalities and partnering individuals or entities in
those counties, are local units of governments eligible to
participate in the pilot program. No funding is provided for
the pilot program. For more information, visit
www.michigan.gov/deg/wetlands and follow link to "Wetland
Mitigation Banking Pilot Program Designation."
C. MDEQ Part 303 Administrative Rules
Administrative rules under Part 303 provide requirements for
2011 09 26 Wetland Banker RFP - Draft DF 2.doc
8 D-4
2of9
wetland mitigation banking in Michigan. Participation in this
pilot program does not affect existing criteria for approval of
mitigation banks. To view rules, visit
www.michigan.gov/deg/wetlands and follow link to "Part 303,
Wetland Protection Rules."
D. OCPRC Wetland Mitigation Bank Pilot Project
By participating in MDEQ's Wetland Mitigation Bank Pilot
Program, OCPRC will further management objectives that
have been established through the Parks and Recreation
Strategic Plan, completed in May 2008. Additionally, the
Strategic Plan in its strategies for land acquisition and
management identified the need to "Establish wetland
mitigation opportunities in cooperation with developers, land
conservancies, CVT's, state and county agencies."
OCPRC's Strategic Plan can be viewed at
www.destinationoakiand.com/parksandtrails/mapspublication
s/Pages/Publications.aspx
E. OCPRC Past Experience with Wetland Mitigation
OCPRC has already completed a successful program to
mitigate wetlands at Lyon Oaks County Park. OCPRC
partnered with the Road Commission for Oakland County to
propose, design and construct a 13-acre wetland mitigation
project within the park. The site at Lyon Oaks had
previously been used as pasture and cropland prior to
acquisition by the parks. The field, which had lain fallow for
more than 15 years was effectively drained by a ditch
running off site and had begun to host invasive species,
primarily reed canary grass. The partnership with the RCOC
allowed for the restoration of a 13-acre wetland complex
consisting of emergent and wet meadow types and a
surrounding 7-acre prairie buffer, while fulfilling MDEQ
permit requirements of the RCOC for the mitigation of
wetland impacts associated with road widening efforts
across the county. This wetland mitigation site now serves
as an educational amenity within the park that is readily
accessible to the public and incorporates a trail and
interpretive signage.
For OCPRC, this has been a successful project as it
replaces marginal habitat (that had significant challenges
associate with altered hydrology and invasive species) with a
wetland system with significant recreational and educational
value due to its location within Lyon Oaks' 469-acre
conservation easement. A detailed presentation about the
2011 09 26 Wetland Banker RFP - Draft DF 2.doc
8D-5
3 of c
Lyon Oaks project is available at
www.destinationoakland.com/LINK.
3. PROBLEM STATEMENT
A. Purpose and Goals
The purpose of this project is to accomplish a sustainable
wetland restoration within Addison Oaks County Park that
will meet the following goals:
a. To establish a model program to demonstrate the use
of public/private partnerships to establish successful
wetland mitigation banks with available credits to
further the EPA goals of prioritizing banking as the
preferred mitigation method'. OCPR proposes to
meet that purpose by partnering with a private
wetland mitigation banker to develop a successful
wetland mitigation bank on public land that meets
vegetative and hydrologic performance criteria for the
wetland mitigation bank site in order to make the
mitigation bank functional through availability of
approved credits. The wetland mitigation bank will
provide a minimum of 10 acres of new wetland within
the Focus Areas in Addison Oaks.
b. To meet OCPRC Natural Resource Management
goals by replacing marginal habitat (that had
significant challenges associate with altered
hydrology and invasive species) with a wetland
system with significant green infrastructure,
recreational and educational value. By increasing the
amount of viable functional wetland in the watershed,
OCPR will also meet defined resource management
needs of the Paint/Stony Creek Subwatershed
Management Plane and Clinton River Area of Concern
Remedial Action Plana.
c. To meet OCPRC financial sustainability goals by
working with the private mitigation banker to identify
funds for long-term management of the wetland
restoration and other priority natural resources within
the park once all the credits have been sold.
1 Web Link to EPA wetland mitigation rules:
http://www.e a. ov/owow keep/wetlands/wetlandsmitigation/index.html
z Web Link to Paint/Stony Subwatershed Plan:
htt www.crwc.org/watershed/subwatersheds/stonypaintcreeks.html#stony aintdocs
3 Web Link to Clinton River AOC Remedial Action Plan: http://www.epa.gov/glnpo/aoc/c ntriv.html
2011 09 26 Wetland Banker RFP - Draft DF 2.doc 4 of
8D-6
B. Proposed Responsibilities of the Banking Partner:
a. Develop Banking Agreement Proposal in partnership
with OCPRC
b. Provide financial assurances as required by MDEQ
(R 281.955(n))
c. Provide financing to implement the project
d. Conduct or contract for wetland delineation and
vegetation surveys of the site
e. Develop Site Plan, in partnership with OCPRC staff
f. Develop long-term management plan, in partnership
with OCPRC staff, per MDEQ requirements
(R 281.959 (2)) and submit with Banking Agreement
Proposal
g. Collaborate with OCPRC staff to accommodate trail
and other recreational planning in areas adjacent to
the project area
h. Obtain all necessary permits (R 281.955(4))
i. Construct bank
j. Serve as bank sponsor by managing the approval and
subsequent sale of wetland mitigation credits
(R 281.957)
k. Stewardship Fees: In partnership with OCPRC,
develop and implement a plan to fund the future
management of the created wetlands, trails and other
recreational features associated with the created
wetlands, and other priority natural areas within the
park. The plan will include payment by the Wetland
Banker to OCPRC of Stewardship Fees. The
Stewardship Fees will be paid as a percentage of
sales of wetland credits and will be payable as credits
are sold. The Stewardship Fees will be placed in a
dedicated fund/account managed by OCPRC or its
designee.
The percentage of wetland credit sales to be paid as
Stewardship Fees will consider, but not be limited to:
2011 09 26 Wetland Banker RFP - Draft DF 2.doc 5 of
8 D-7
number of wetland acres being created
ii. average price per wetland credit in the region
or state
iii. estimate of future annual management costs
iv. amount of principle that is likely to yield
sufficient funds for annual management.
I. Monitor the bank's wetlands until performance
standards for the full establishment of the bank are
met, per MDEQ requirements (R 281.957 (1))
m. If project is discontinued after construction has begun,
assure that the site will be restored to pre-existing
condition or better at banker's expense
C. Proposed Responsibilities of OCPRC:
a. Cooperate with Wetland Banker to develop Banking
Agreement Proposal
b. Cooperate with Wetland Banker to develop Long -
Term Management Plan (R 281.959(2))
c. As the long-term management entity, sign the
Banking Agreement (R 281.959(3) and R 281.955
(2)0))
d. Provide property ownership documentation as
required by MDEQ (R 281.955(2)(a-c))
e. Notify all affected units of government and adjacent
property owners and take reasonable steps to
address objections and copy MDEQ on all comments
and resolution actions (R 281.955 (3))
f. Plan for trails and other recreational amenities in
adjacent areas of Park that function in harmony with
the wetlands created by the project
g. Grant a wetland conservation easement over new
wetland areas to MDEQ (R 281.959 (1))
h. Monitor wetlands after the MDEQ monitoring
requirements have expired (OCPRC may wish to
2011 09 26 Wetland Banker RFP - Draft DF 2.doc 6 of
8 D-8
contract with the Wetland Banker or other wetland
consultant for continued monitoring)
i. Implement the long-term management plan
4. COORDINATION AND SCHEDULING
A. Respondents may be required to coordinate work with other
professional consultants and staff to produce the desired
and complete feature as required by OCPRC. The
respondent may clarify its qualifications by supplying any
additional material deemed necessary to assist in the
evaluation.
5. PRELIMINARY WETLAND MITIGATION BANK SCHEDULE
A. January 2012 — Selection of Wetland Banker
B. March — April 2012 — Develop Site Plan and Banking
Agreement
C. May 2012 — Submit Final Site Plan and Banking Agreement
to MDEQ
D. July 2012 — Sign Banking Agreement
E. August — October 2012 — Construct Bank
F. September 2013 — Approval of First Bank Credits
6. STATEMENT OF QUALIFICATIONS
A. Five copies of the statements should be submitted.
Statements should be as concise as possible and in the
format as described in Part II.
SECTION II INFORMATION REQUIRED
1. BUSINESS ORGANIZATION
A. State the full name and address of your organization and
any partnering firm. Indicate state of incorporation or license
to operate.
2. STATEMENT OF THE PROBLEM
A. State your understanding of the problem, as presented.
3. APPROACH
2011 09 26 Wetland Banker RFP - Draft DF 2.doc 7 of
8 D-9
A. Provide Site Design that includes anticipated wetland acres
to be created and wetland types
B. Preliminary Stewardship Funding Proposal
4. WORK PLAN
A. Provide a work plan/schedule indicating various task, major
benchmark and key elements that may be dependent and
effect other task and timelines.
5. PRIOR EXPERIENCE/REFERENCES
A. Provide a minimum of 3 references from similar projects
within the last 5 years and description of related experience
within the last 3 years for similar projects.
6. CAPABILITY AND QUALIFICATIONS
A. As it relates to the problem statement, please provide staff
resumes, certifications and professional licenses that
indicate the education, experience and training of the
persons to be assigned to this project.
7. BASIS OF FEES
A. Submit a schedule of hourly fees along with a percentage(s)
of construction costs that will assist in the establishment of
the project design & engineering fees that are based on the
final work plan and approach identifying the various stages
outlined in the Problem Statement, and time factors involved,
including a team approach utilizing other appropriate design,
engineering and construction professionals that may be
required to complete the project. The individual stages will
be combined to obtain a total project cost.
8. ADDITIONAL INFORMATION
A. include any other information that is believed to be pertinent
but not specifically asked for elsewhere.
SECTION III CRITERIA FOR SELECTION
1. Selection Process
A. The intent of this process is to determine the most qualified
company that can perform the services outlined in sections A
and B. Upon the selection of the most qualified company for
2011 09 26 Wetland Banker RFP - Draft DF 2.doc
8 D-10
this project as outlined below, fee(s) will be negotiated in the
best interest of the county
1. Selection Process (Policy 2300.12.1)
The following evaluation process will be used:
a. A selection committee will be established
comprising of [TO BE DETERMINED] and a
Purchasing Representative
b. This Selection Committee will evaluate and
short list the top 2-3 companies.
c. Interviews will be conducted and the top 2-3
vendors (companies) will be ranked.
d. Negotiations and scope confirmation will be
conducted with the top ranked company.
Note: Policy 2300.12.1 is attached
2. Criteria
A. BUSINESS ORGANIZATION
B. STATEMENT OF PROBLEM
C. APPROACH
D. WORK PLAN
E. PRIOR EXPERIENCE/REFERENCES
F. CAPABILITY AND QUALIFICATIONS
G. BASIS OF FEES
H. ADDITIONAL INFORMATION
2011 09 26 Wetland Banker RFP - Draft DF 2.doc 9 of
9 D-11
OAKLAND COUNTY PARKS & RECREATION
COMMISSION AGENDA
ADMINISTRATION
To: Chairman Fisher and Commission Members
From: Daniel J. Stencil, Executive Officer
Submitted: September 29, 2011
Subject: INFORMATIONAL — Resolution on Early Termination of Lease Agreement Between
Oakland County, Michigan and E. A. Fuller Oak Management Corporation
INTRODUCTION AND HISTORY
The attached information is being provided at the direction of Chairman Gerald Fisher for discussion at the
October 5, 2011 Commission meeting.
ATTACHMENTS
- Resolution — Early Termination of Lease Agreement between Oakland County, Michigan and
E.A. Fuller Oak Management Corporation
- Letter from Oak Management Agreeing to Termination of Contract
- Lease Agreement between Oakland County, Michigan and E.A. Fuller Oak Management Corporation
8 E-1
FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN OAKLAND COUNTY
MICHIGAN AND E. A. FULLER OAK MANAGEMENT CORPORATION
THIS FIRST AMENDMENT (Amendment) is' attached and made a part of a certain Lease
Agreement (Agreement) dated December 14, 2006, by and between the COUNTY OF
OAKLAND, (Lessor) a Michigan Municipal and Constitutional Corporation, whose address is
1200 N. Telegraph Rd., Pontiac, Michigan, 48341, on behalf of the OAKLAND COUNTY
PARKS AND RECREATION COMMISSION (Parks), and E. A. FULLER OAK
MANAGEMENT CORPORATION (Lessee), a Michigan Corporation.
WHEREAS, the Lessor and the Lessee agree to revise the rental payments for the
Premises for the year 2008; and,
WHEREAS, the Agreement provides that the Lessee may extend the Lease through 2015
if it meets the conditions stated in the Agreement; and,
WHEREAS, the Lessor and Lessee are desirous of establishing the rental payments for
the years 2009 through 2015 (which will be the same for the year 2008) at this time.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth
below, the Lessor and Lessee agree as follows:
Section 4 TERM of LEASE of the Agreement is revised to read as follows:
Tenth Amendment:
A. Section 1.3 of the Concession Agreement is amended to include the following
paragraph:
"Providing Lessee shall not be in default under the terms and conditions of this
Agreement, it shall have the right at its option to extend the tern of this Agreement for an
additional seven (7) year period to commence on January 1, 2009 and end on December 31, 2015
at the rental payments for the premises as set forth in Section 5 of this Agreement.
2. Section 5 LEASED PREMISES and RENT of the Agreement is revised to read
as follows:
B. Paragraph 4.2 of the Concession Agreement is modified to substitute the
following in its entirety:
4.2 Payments by Lessee.
Lessee, in consideration of this Agreement, hereby covenants and agrees to pay the
Lessor the following sums (which include charges for heat, electricity and water service) as rent
for the Premises for the year 2008, and, if the Agreement is extended, for the years 2009 through
2015, to wit:
White Lake Oaks
Lessee shall pay as rental eleven and one-half percent (11.5%) of total annual gross sales.
Addison Oaks Conference Center
Lessee shall pay as rental nine and one-half percent (9.5%) of total annual gross sales.
Addison Oaks Concession Stand
Lessee shall pay as rental one hundred percent (100%) of the annual gross sales up to
$1,600 and twelve percent (12%) of the total annual gross sales over $1,600.
Springfield Oaks Golf Clubhouse
Lessee shall pay as rental ten percent (10%) of the total annual gross sales.
Springfield Oaks Activity Center
Lessee shall pay as rental ten percent (10%) of the total annual gross sales.
Waterford Oaks Activity Center
Lessee shall pay as rental ten percent (10%) of the total annual gross sales.
-2-
Red Oaks Golf Course
Lessee shall provide vending machines for the golf course pro shop and concession
services for the golf course and shall pay as rental ninety percent (90%) of the total annual gross
sales.
Red Oaks Wave Pool Concession Stand
Lessee shall pay as rental twelve percent (12%) of the total annual gross sales.
Waterford Oaks Wave Pool Concession Stand
Lessee shall pay as rental twelve percent (12%) of the total annual gross sales.
Waterford Oaks Refrigerated Toboggan Run
Lessee shall pay as rental ten percent (10%) of the total annual gross sales.
Groveland Oaks Concession Stand
Lessee shall pay as rental twelve percent (12%) of the total annual gross sales.
Independence Oaks Concession Stand
Lessee shall pay as rental one hundred percent (100%) of the annual gross sales.
Glen Oaks Golf Clubhouse
Lessee shall pay as rental sixteen percent (16%) of the total annual gross sales on the
banquet facility and grill room facility.
Lyon Oaks Golf Clubhouse
Lessee shall pay as rental fifteen and one-half percent (15.5%) of the total annual gross
sales on the banquet facility and grill room.
The term gross sales shall include the gross amount of all sales of every kind and
description made in, upon, or resulting from the conduct of the business of Lessee upon the
various recreational facilities covered by this Agreement, but after deduction therefrom refunds
made in the normal course of business, service charges and amounts paid for sales tax. Net
-3-
proceeds from vending machines shall be included in gross sales. All percentage payments
provided hereunder shall be payable quarterly, not later than the thirtieth (30th) day following the
end of the first three (3) months of operation and the end of each three (3) month period
thereafter, and shall be based upon reports furnished by Lessee to the Lessor with such
payments. Lessee shall furnish to the Lessor within sixty (60) days after the closing of each
calendar year a report certified to by an officer of Lessee, showing Lessee's gross receipts during
the preceding calendar year, the amount of any accumulated prior deficiency in percentage
payments, and the net percentage payment, if any, owing hereunder for such period, provided
that, if at the end of any quarter it is determined that Lessee has paid for said year to date a
greater sum than would have been payable under the provisions hereof, an adjustment shall be
made for such excess payment. If payments from the Lessee are not made within the specified
sixty (60) days after the closing of each calendar year, simple interest shall accrue, but will not
result in a violation of the Concession Agreement.
11:
3. Effective Date. The effective date of this First Amendment shall be January 1,
IN WITNESS WHEREOF, EDWARD A. FULLER, President and Secretary of E. A.
FULLER OAK MANAGEMENT, CORPORATION, successor in interest to LAFFREY,
WERTHMAN, AND FULLER RESTAURANTS, INC., hereby acknowledges that he has
authority to execute this payment revision on behalf of E. A. FULLER OAK MANAGEMENT,
CORPORATION, a Michigan Corporation, and hereby accepts and binds E. A. FULLER OAK
MANAGEMENT, CORPORATION, to the payment rates and other terms and conditions
contained herein.
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LESSOR,
WITNESSES: COUNTY OF OAKLAND, a Michigan
Municipal and Constitutional Corporation,
By: Bill Bullard, Jr., Chairman
Oakland County Board of Commissioners
LESSEE,
E. A. FULLER OAK MANAGEMENT, CORP.
a Michigan Corporation
EDWARD A. FULLER
President and Secretary
JANET LEKAS
Vice President and Treasurer
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RESOLUTION
EARLY TERMINATION OF LEASE AGREEMENT BETWEEN OAKLAND COUNTY
MICHIGAN AND E. A. FULLER OAK MANAGEMENT CORPORATION
WHEREAS, the Oakland County Board of Commissioners passed Miscellaneous
Resolution #06245, dated December 14, 2006, approving a Lease Agreement ("2006 Lease
Agreement') by and between the COUNTY OF OAKLAND, (Lessor) a Michigan Municipal
and Constitutional Corporation, whose address is 1200 N. Telegraph Rd., Pontiac, Michigan,
48341, on behalf of the OAKLAND COUNTY PARKS AND RECREATION COMMISSION
(Parks), and E. A. FULLER OAK MANAGEMENT CORPORATION (Lessee), a Michigan
Corporation dated December 14, 2006 incorporating a Concession Agreement dated April 25,
1974; and
WHEREAS, the Lease Agreement provides that "Oak Management operate the food
and/or alcohol concessions at the following County parks:
White Lake Oaks Golf Clubhouse
Addison Oaks Conference Center
Addison Oaks Concession Stand
Springfield Oaks Golf Clubhouse
Springfield Oaks Youth Activities Center
Independence Oaks Concession Stands
Waterford Oaks Activities Center
Waterford Oaks Wave Pool Concession Stand
Groveland Oaks Concession Stand
Glen Oaks Golf Clubhouse
Red Oaks Water Park
Lyon Oaks Golf Course;" and
WHEREAS Miscellaneous Resolution 906245 gives Oak Management "the exclusive
right in all facilities subject to this agreement to operate restaurant facilities."; and
WHEREAS, the current Lease Agreement expires December 31, 2015; and
WHEREAS, Miscellaneous Resolution #06245 resolved that "no further extensions
beyond December 31, 2015, shall be made to this lease without an appropriate RFP procedure;"
and
WHEREAS, the Lessee agrees to forego all of its interest in under the 2006 Lease
Agreement throughout the Oakland County Parks prior to December 31, 2015, with the view that
a Request for Proposal (RFP) process will be commenced without delay, and if Lessee is not the
successful bidder for services to be provided, they are willing to transition out of the lease as
soon as February 1, 2013, or as soon as a new arrangement is approved, but no later than the
original expiration date of December 31, 2015; and
E:�WIA
WHEREAS, the Lessor is willing to begin the RFP process that will seek separate bids
for banquet operations and other services now provided by Lessee; and
WHEREAS, the RFP will be designed to support the Oakland Comity Parks and
Recreation Cormnission's Strategic Master Plan through its focus on increasing revenue
resources and maximizing the efficiency and effectiveness of resources.
WHEREAS, in light of the fact that Lessee may not be the successful bidder, and that
new parties may be the successful bidders in the RFP process, it has been determined that a
termination agreement between Lessor and Lessee, with transition provisions, is needed in order
to protect the interests of all parties.
NOW THEREFORE BE IT RESOLVED, in consideration of the mutual interest in
terminating the Lease Agreement earlier than the stated expiration date in the 2006 Lease
Agreement, the Lessor and Lessee request the Oakland County Board of Commissioners
approve:
An early termination of the 2006 Lease Agreement, with the Lessee transitioning out of
the lease as soon as February 1, 2013, or at such time as Lessor determines that a new and
satisfactory arrangement is approved, but no later than the original expiration date of
December 31, 2015; and
Accelerating the RFP process for the food and beverage operations throughout the
Oakland County Parks; and
The Parks and Recreation Commission working with Oakland County Corporation
Counsel to develop an appropriate termination agreement between Oak Management and
the Parks and Recreation Commission, including transition protections, drawing on the
expertise of a banqueting expert to identify all issues that need to be covered.
NOTE:
THIS RESOLTION IS TO BE APPROVED AND SIGNED BY E. A. FULLER OAK
MANAGEMENT CORPORATION PRIOR TO PRESENTATION TO THE BOARD OF
COMMISSIONERS
8 E-3
gF
141Y-
3:
t 4
„3
August 2, 2011
Daniel J. Stencil, Executive Officer
Oakland County Parks
2300 Watkins Lake Road, Building 97W
Waterford, MI 48328-1917
Dear Dan,
Per your request, this formalizes our mutual agreement to terminate the contract between Oakland
County Parks and Recreation Commission and E. A. Fuller Oak Management Corporation, dater)
December 14, 2006. This Contract extended the expiration date of our Lease to December 31, 2015. It is
mutually agreed that the new expiration date shall be January 7, 2013, Please forward
acknowledgement of this agreement to us.
It is our understanding, the contract will be sent out for bid in the fourth quarter of this year and Oak
Management will be allowed to participate in the process of bidding,
Thanks so much for your consideration,
Edward Fuller, Janet Lekas and Dan Shaw
8 E-4
MISCELLANEOUS RESOLUTION #06245 December 14, 2006
BY: PLANNING AND BUILDING COMMITTEE, CHARLES E. PALMER, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION — LEASE WITH OAK MANAGEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS in February, 2005, the Oakland County Parks and Recreation Commission
(Commission) requested that the County's Department of Corporation Counsel review a
proposed 11th Amendment to a Concession Agreement originally entered into between the
Commission and Oak Management in April, 1974; and
WHEREAS the 1974 Agreement and the subsequent Amendments to it provide that Oak
Management operate the food and/or alcohol concessions at the following County parks:
White Lake -Oaks Golf Clubhouse
Addison -Oaks Conference Center
Addison -Oaks Concession Stand
Springfield -Oaks Golf Clubhouse
Springfield -Oaks Youth Activities Center
Independence -Oaks Concession Stands
Waterford -Oaks Activities Center
Waterford -Oaks Wave Pool Concession Stand
Groveland-Oaks Concession Stand
Glen Oaks Golf Clubhouse;
Red Oaks Water Park;
Lyon Oaks Golf Course; and
WHEREAS this Agreement and subsequent Amendments also give Oak Management
"the exclusive right in all facilities subject to this agreement to operate restaurant facilities."; and
WHEREAS upon reviewing the proposed 111h Amendment, the original Agreement and
the 10 Amendments to it (with various dates occurring between 1974 and 2005), Counsel
identified some critical issues, primarily that the Agreement (i.e., the 1974 Agreement) and the
subsequent 10 Amendments constituted a Lease of County property; and
WHEREAS this Lease, which heretofore was referred to as a "Concession Agreement,"
was never approved by the Oakland County Board of Commissioners (Board) as it should have
been pursuant to MCL 46.11(d), currently MCL 46.11(c); and
WHEREAS Corporation Counsel and Parks and Recreation Commission staff attempted
to resolve the issues raised by Corporation Counsel; ultimately the Commission staff withdrew
its request for Counsel's review of the 11 th Amendment; and
WHEREAS in May, 2006, the County Executive advised the Oakland County Board of
Commissioners by way of a letter detailing the above -stated history, outlining the issues, and
offering recommendations for going forward; and
WHEREAS the interested parties recognize that for 32 years the business relationship
between Oak Management and the Oakland County Parks and Recreation Commission has
been mutually beneficial for all parties as well as for the citizens of Oakland County who have
availed themselves of Parks and Recreation facilities and the enhancements by which Oak
Management has refined them; and
WHEREAS Oak Management has expended more than $2.1 million to enhance County
facilities, including but not limited to, the following: building and leasehold improvements, as
well as furniture and fixtures at Addison Oaks, Glen Oaks, Lyon Oaks, and White Lake Oaks;
new furniture and fixtures at Groveland Oaks, Springfield Oaks, Red Oaks, Addison Oaks, and
Independence Oaks; and
WHEREAS the Board of Commissioners is mindful and appreciative of the long-standing
relationship between the parties and has determined to recognize the current agreement that
the Oakland County Parks and Recreation Commission has established with Oak Management;
and
WHEREAS the County Executive, the Board of Commissioners, the Parks and
Recreation Commission, and Oak Management are unified in a concerted desire to properly
designate the relationship between the parties with the appropriate legal documents, statutory
procedures, and County policies.
NOW THEREFORE BE IT RESOLVED that by this Resolution, upon the request of the
Parks and Recreation Commission, this Board of Commissioners hereby ratifies the business
relationship between Oak Management and Oakland County Parks and Recreation originally
entered into in April, 1974, as a Lease of County property.
BE IT FURTHER RESOLVED that by this Resolution, and upon the request of the Parks
and Recreation Commission, this Board of Commissioners hereby acknowledges the Lease
between the Parks and Recreation Commission and Oak Management through December 31,
2015.
BE IT FURTHER RESOLVED that no further extensions beyond December 31, 2015,
shall be made to this lease without an appropriate RFP procedure.
BE IT FURTHER RESOLVED that this Board hereby acknowledges and approves the
Lease as set forth in the attached documents.
BE IT FURTHER RESOLVED that the Board Chairperson, on behalf of the County of
Oakland, is authorized to execute said agreement.
BE IT FURTHER RESOLVED that this matter is referred to the Finance Committee
pursuant to Board Rule IX, Section E.
Chairperson, on behalf of the Planning and Building Committee, I move adoption of the
foregoing Resolution.
PLANNING AND BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried unanimously on a roll call vote with Gershenson absent
LEASE AGREEMENT
BETWEEN
OAKLAND COUNTY, MICHIGAN
AND
E. A. FULLER OAK MANAGEMENT CORPORATION
This Lease Agreement entered into between the COUNTY OF OAKLAND
(hereinafter LESSOR), a Michigan Municipal and Constitutional Corporation, whose
address is 1200 N. Telegraph Rd, Pontiac, Michigan, 48341,on behalf of the
OAKLAND COUNTY PARKS & RECREATION COMMISSION (hereinafter PARKS),
a statutory agency of the County of Oakland, and E.A. Fuller Oak Management
Corporation (hereinafter LESSEE) as successor in interest to THE OAKS
CORPORATION formerly known as LAFFREY, WERTHMANN, FULLER
RESTAURANTS, INC., whose address is 1480 W. Romeo Road, Leonard, Michigan,
48367, is made in order to ratify a certain lease agreement (originally entitled
Concession Agreement) entered into between LAFFREY, WERTHMANN, FULLER
RESTAURANTS, INC, and PARKS on April 25, 1974 (as revised on June 20, 1979
and amended 10 times, the last amendment being dated April 4, 1999).
Now therefore, in consideration of the percentages of gross profits to be paid
to PARKS by LESSEE, and the covenants to be performed by the LESSEE and
PARKS, the LESSOR leases to LESSEE and the LESSEE rents from the LESSOR
the premises as enumerated in the April 25, 1974 Agreement (as amended) upon the
following terms and conditions:
1. PREVIOUS AGREEMENTS. The terms and conditions of the original
Agreement dated April 25, 1974 as revised on June 20, 1979, and the subsequent
ten amendments are incorporated herein by reference and adopted as part of this
Agreement (See Attachment 1).
2. INSURANCE. The Insurance provisions of the original Agreement dated April
25, 1974, as revised on June 20, 1979, (Section 3.7 as amended) will be superseded
by this paragraph and the following insurance requirements shall be met by LESSEE:
Indemnification
1. The Operator does hereby covenant and agree to indemnify, defend and save
harmless the County from all fines, suits, claims, demands and actions of any
kind and nature by reason of any and all of its negligence in conducting
operations and does hereby agree to assume all risks in the operation of its
business hereunder and shall be solely responsible and answerable in
damages for any and all accidents or injuries to persons or property caused by
the negligence of Operator, its employees and agents. The indemnification
rights contained in this Contract are in excess and over and above any valid
and collectible insurance rights/policies carried by the Operator.
2. Operator shall have no rights against the County for any indemnification (e.g.,
contractual, equitable, or by implication), contribution, subrogation, and/or any
other right to be reimbursed by the County except as expressly provided
herein.
3. Operator waives and releases all actions, liabilities, loss and damage including
any subrogated rights it may have against the County based upon any Claim
brought against the County including any Claim brought against the County by
an Employee of the Operator.
Operator Provided Casualty Insurance:
Operator shall, at its own expense, procure and maintain insurance coverage in
the minimum amounts and specifications indicated through the term of this
agreement.
a. Commercial General Liability — Occurrence Form Basis:
$3,000,000 - General Aggregate Limit other than Products/Completed
Operations
$3,000,000 — Products/Completed Operations Aggregate Limit
$3,000,000 — Personal & Advertising Injury Limit
$3,000,000 — Each Occurrence Limit
$1,000,000 - Fire Damage Limit (Any One Fire)
2
The insurance policy shall contain the following coverage:
Products/Completed Operations Coverage — On and Off Premises
Coverage
Broad Form Property Damage
Premises/Operations
Libel and Slander
Independent Contractors
(Blanket) Broad form Contractual
Personal Injury - delete contractual exclusion "A"
b. Workers' Compensation: Coverage A, with limits statutorily required by
any applicable Federal or State law and Employers Liability Insurance,
and Coverage B, with minimum limit of $1,000,000 each accident,
disease each employee, and disease policy limit.
c. Automobile Liabilitv: Insurance (including Michigan No -Fault) with
minimum limits of $1,000,000.00 Combined Single Limit Automobile
Liability per occurrence including hired and leased vehicles, and owned
and non -owned vehicles.
d. Liquor Liability (On and Off Premises): $1,000,000 per occurrence and
$2,000,000 aggregate.
General Provisions:
All Certificates of Insurance and policies of the Operator, any outside vendor, or
contractor shall be endorsed to provide the following clauses and/or
endorsements:
1. "The insurance company(s) issuing the policy or policies shall have no
recourse against the County of Oakland for payment of any premiums or for
assessments under any form of policy".
2. Any and all deductibles in the above -described insurance policies shall be
assumed by and be or the amount of, and at sole risk of, the Operator.
3. All Certificates are to provide sixty (60) day written notice of material change,
cancellation, or non -renewal. Certificates of Insurance and insurance binders
V
must be provided no less than ten (10) working days before commencement of
work to the Oakland County Purchasing Division.
4. All insurance policies shall be endorsed to name "The County of Oakland,
County Agents (as defined in this Contract), employees, volunteers and
elected and appointed officials of Oakland County as Additional Insured.
5. All insurance policies shall be issued by companies licensed or approved to do
business within the State of Michigan and carry a minimum A.M. Best rating of
A6.
6. All policies of insurance shall be on a primary, non-contributory basis with any
other insurance and/or self-insurance carried by the County.
3. PROPERTY DAMAGE. The following language will be deleted from the
original Agreement dated April 25, 1974, as revised on June 20, 1979, (Section 3.5
as amended):
The County and Operator agree that each forfeits any right of action that it
may later acquire against the other of the parties to the Agreement for loss or
damage to its property or to property in which it may have an interest, where
such loss is caused by fire or any of the extended coverage hazards and
arises out of or is connected with the use of the premises as provided in this
Agreement.
4. TERM of LEASE. The term of this lease is for the period set forth in
Paragraph A. of the Eighth Amendment dated July 6, 1994, and Paragraph A. of the
Tenth Amendment dated April 4, 1999, both as reproduced below:
Eighth Amendment:
A. Paragraph 1.3 of the concession Agreement is amended to include
the following paragraph:
"Providing Operator shall not be in default under the terms and conditions of
this Agreement, it shall have the right at its option to extend the term of this
Agreement for an additional five (5) year period, to commence on
January 1, 2004 and to expire December 31, 2008. The percentages of
the contract years under said extension are to be renegotiated for the five-
4
year period of 2004-2008. The negotiations shall be completed within the
first ninety (90) days of the new five-year period or the Agreement becomes
null and void."
Tenth Amendment:
A. Paragraph 1.3 of the Concession Agreement is
amended to include the following paragraph:
"Providing Operator shall not be in default under the terms and
conditions of this Agreement, it shall have the right at its option to
extend the term of this Agreement for an additional seven (7) year
period, to commence on January 1, 2009 and to expire December 31,
2015: The percentages of the contract years under said extension
are to be renegotiated for the seven-year period of 2009-2015. The
negotiations shall be completed within the first ninety (90) days of the
new seven-year period or the Agreement becomes null and void."
5. LEASED PREMISES and RENT. The leased premises and the rent for the
leased premises is set forth in " Paragraph B." of the Tenth Amendment dated April 4,
1999, as reproduced below:
B. Paragraph 4.2 of the Concession Agreement is hereby
modified to substitute the following therefore in its entirety:
4.2 Payments by Operator
Operator, in consideration of this Agreement, hereby covenants
and agrees to pay to the County the following sums, to -wit:
White Lake Oaks
Operator shall pay rental of ten percent (10%) of total annual gross
sales and twenty-five percent (25%) of utility costs.
Addison Oaks Conference Center
Operator shall pay rental of eight percent (8%) of total annual gross
sales and twenty-five percent (25%) of utility costs.
Springfield Oaks Golf Clubhouse
5 -
Operator shall pay as rental ten percent (10%) of the total annual
gross sales or one hundred percent (100%) of utility costs, whichever is
greater.
Springfield Oaks Activities Center
Operator shall pay as rental ten percent (10%) of the total annual
gross sales.
Addison Oaks Concession Stand
Operator shall pay as rental twelve percent (12%) of the total
annual gross sales.
Waterford Oaks Activity Center
Operator shall pay as rental ten percent (10%) of the total annual
gross sales.
Red Oaks Wave Pool Concession Stand
Operator shall pay as rental eleven percent (11 %) of the total
annual gross sales and one hundred percent (100%) of utility costs.
Waterford Oaks Wave Pool Concession Stand
Operator shall pay as rental eleven percent (11 %) of the total
annual gross sales and one hundred percent (100%) of the utility costs.
Groveland Oaks Concession Stand
Operator shall pay as rental twelve percent (12%) of the total
annual gross sales.
Independence Oaks Concession Stand
Operator shall pay as rental twelve percent (12%) of the total
annual gross sales.
Glen Oaks Golf Clubhouse
Operator shall pay as rental thirteen and one-half percent (13.5%)
of the total annual gross sales on the banquet facility, twelve percent
(12%) of the total annual gross sales on the grill room facility and fifty
percent (50%) of the utility costs.
Lyon Oaks Golf Clubhouse
0
After completion of the clubhouse banquet facility, Operator shall
pay as rental three percent (3%) of the total annual gross sales up to
$500,000 and thirteen and one-half percent (13.5%) of total annual gross
sales over $500,000 on the banquet facility and grill room and twenty-five
percent (25%) of the utility costs through December 31, 2000; three
percent (3%) of the total annual gross sales up to $500,000 and thirteen
and one-half percent (13.5%) of total annual gross sales over $500,000 on
the banquet facility and grill room and twenty-five percent (25%) of the
utility costs through December 31, 2001; nine percent (9%) of the total
annual gross sales up to $500,000 and thirteen and one-half percent
(13.5%) of total annual gross sales over $600,000 on the banquet facility
and grill room and twenty-five percent (25%) of the utility costs through
December 31, 2002; twelve percent (12%) of the total annual gross sales
up to $500,000 and thirteen and one-half percent (13.5%) of total annual
gross sales over $500,000 on the banquet facility and grill room and
twenty-five percent (25%) of the utility costs through December 31, 2003.
The term gross sales shall include the gross amount of all sales of
every kind and description made in, upon or resulting from the conduct
of the business of Operator upon the various recreational facilities
covered by this Agreement, but after deduction there from refunds
made in the normal course of business and amounts paid for sales tax.
Net proceeds from vending machines shall be included in gross sales.
All percentage payments provided hereunder shall be payable
quarterly, not later than the thirtieth (30th) day following the end of the
first three (3) months of operation and the end of each three (3) month
period thereafter, and shall be based upon reports furnished by Operator
to the County with such payments. Operator shall furnish to the County
within sixty (60) days after the closing of each calendar year a report
certified to by an officer of Operator, showing Operator's gross receipts
during the preceding calendar year, the amount of any accumulated prior
deficiency in percentage payments, and the net percentage payment, if
7
any, owing hereunder for such period, provided that, if at the end of any
quarter it be determined that Operator has paid for said year to date a
greater sum than would have been payable under the provisions hereof
for such excess payment.
6. RENT FOR LYON OAKS AFTER DECEMBER 31, 2003. The rent for Lyon
Oaks through December 31, 2008 will be twelve percent (12%) of the total annual gross
sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross
sales over $500,000 and twenty-five percent (25%) of the utility costs.
7. ENTIRE AGREEMENT. This Lease Agreement and the terms and conditions of
the original Agreement dated April 25, 1974 as revised on June 20, 1979, and the
subsequent ten amendments incorporated herein by reference and adopted as part
of this Agreement (See Attachment 1) constitute and represent the entire agreement
and understanding between the parties, including Parks, and supersedes any and all
other prior oral or written understandings, communications, agreements or Contracts
between the Parties, including Parks, not incorporated by reference as part of this
Lease Agreement. The language of this Contract shall be construed as a whole
according to its fair meaning, and not construed strictly for or against any Party.
8. AUTHORITY TO SIGN. The individual(s) signing this Lease Agreement on
behalf of LESSEE certifies that he or she has authority to enter into this LEASE
Agreement -as evidenced by LESSEE'S attached Corporate Resolution dated
(Attachment 2).
IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of this
day of 2006, and by such execution have ratified the previous Agreements and
Amendments between PARKS and LESSEE as contained in Attachment 1.
WITNESSED BY: LESSOR:
County of Oakland a Michigan Municipal and
Constitutional Corporation
By: Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
LESSEE:
E.A. Fuller Oak Management Corporation
By: Edward A. Fuller
President and Secretary
By: Janet Lekas
Vice President
ATTACHMENT 1
CONCESSION AGREEMENT
THIS CONCESSION AGREEMENT, made and entered into on the
day of April, 1974, by and between the COUNTY OF OAKLAND,
a Michigan Constitutional Corporation, hereinafter referred to as
r
the "County" and LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC., a
Michigan Corporation, Oakland County, Michigan, hereinafter referred
to as "Operator",
ment:
WITNESSETH;
The following is a recitation of facts underlying this Agree-
A. The County owns and operates seven (7) recreational facil-
ities referred to in this Agreement for purposes of convenience as
follows:
WHITE LAKE -OAKS GOLF CLUB HOUSE,
ADDISON-OAKS CONFERENCE CENTER,
ADDISON-OAKS CONCESSION STAND,
SPRINGFIELD-OAKS GOLF CLUB HOUSE,
SPRINGFIELD-OAKS YOUTH ACTIVITIES CENTER,
WATERFORD-OAKS ACTIVITIES CENTER,
GROVELAND-OAKS CONCESSION STAND.
B. All of the foregoing recreational facilities have various
food and beverage facilities designed to provide food and beverage
services for the general public, patrons of the facilities and/or
in certain instances, catering facilities.
C. Operator represents itself to be capable of furnishing
food and beverage of high quality and is desirous of obtaining ex-
clusive rights to furnish food and beverage services at the aforesaid
facilities.
D. County is agreeable to granting to Operator exclusive
rights to engage in the food and beverage business for profit at
the recreational facilities referred to in this Agreement.
E. The parties have reached an understanding and are desir-
ous of reducing to writing their agreement.
THEREFORE, in consideration of the mutual covenants herein
contained, the County does hereby agree and let unto Operator and
Operator does hereby hire and take from the County certain premises,
facilities, rights, services and privileges in connection with the
following County owned and operated recreational facilities, to -wit:
WHITE LAKE -OAKS GOLF CLUB HOUSE,
ADDISON-OAKS CONFERENCE CENTER,
ADDISON-OAKS CONCESSION STAND,
SPRINGFIELD-OAKS GOLF CLUB HOUSE,
SPRINGFIELD-OAKS YOUTH ACTIVITIES CENTER,
WATERFORD-OAKS ACTIVITIES CENTER,
GROVELAND-OAKS CONCESSION STAND,
as hereinafter provided.
PROVISIONS CONCERNING THE NATURE AND OPERATION OF THE CONCESSION
1.1 General Description of the Concession
Operator shall have the exclusive right in all facilities
subject to this Agreement to operat'e restaurant facilities servic-
ing food and beverage, including alcoholic beverages and otherwise
engaging in the food and restaurant business, including catering
and sale of miscellaneous novelty items incident to the concession
herein granted.
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1.2 Area of Concession
Attached hereto in a Rider labeled ."Exhibit All, is a descrip-
tion of each recreational facility subject to this Agreement,
together with a particular description of the areas of such facility
let to Operator in connection with this Agreement.
1.3 Term.;;
Operator shall have full authority to use said premises and
facilities and to exercise the rights, licenses and privileges set
rk
forth herein for a term commencing on the day of !e/C ,
1974 and terminating on the 31st day of December, 1978. Providing
Operator shall not be in default under the terms and conditions of
this Agreement it shall have the right at its option to extend the
term of this Agreement for an additional five (5) year period on
the same terms and conditions as are contained herein.
OBLIGATIONS OF OPERATOR
2.1 Quality
Operator shall serve and dispense quality foods and beverages
with adequate portions.
It shall furnish good, prompt and efficient service adequate
to meet all the demands for its service at the facilities subject
to this Agreement.
Operator shall, at all times, comply with the Federal Pure
Food and Drug Laws and other applicable laws and regulations of the
United States, the State of Michigan, County of Oakland and the
municipalities wherein the facilities are located, and all applic-
able health rules and regulations.
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Operator shall furnish said service on a fair, equal and
nondiscriminatory basis to all users thereof. Operator will not
on the grounds of race, sex, religion, or national origin discrimin-
ate or permit discrimination against any person or group of persons.
The selection of food and beverages offered for sale, and its .
quality and portion schedules will be subject to the reasonable
approval by the County prior to the beginning of operations, and
at any time thereafter.
2.2 Prices
Foods and beverages offered for sale by Operator shall be
sold at prices comparable to those maintained at other high quality
restaurants in the Oakland County Area:
Operator shall charge fair, reasonable and nondiscriminatory
prices for each unit of sale or service, provided that Operator may
be allowed to make reasonable and nondiscriminatory discounts, re-
bates, and other similar types of price reduction to volume purchasers,
2.3 Service and Hours of Operation
Operator's service shall be prompt, clean, courteous,
efficient and sufficient in quantity. Operator shall at all times
provide personnel sufficient to operate the facilities on a standard
equal to that maintained by comparable restaurant operations at
comparable locations.
The specific hours of operation at each facility are des-
ignated on the Rider attached hereto and labeled "Exhibit A".
2.4 Supervisor
Operator shall at all times provide an active, qualified
and competent supervisor at each facility who shall be authorized to
represent and act for Operator in matters pertaining to the day to
day operation of the facility.
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2.5 Employees of Operator
All employees of Operator shall be clean, courteous, efficient
and neat in appearance. Operator shall not employe any person or
persons in or about any facility who shall use improper language
or act in a loud or boisterous or otherwise improper manner.
Upon written notification by the County to Operator that a
person employed by Operator is, in the County's opinion, disorderly,
unsanitary, or otherwise unsatisfactory, Operator shall, immediately,
remedy the situation to the County's reasonable satisfaction, and
failing that, the employee shall be removed from service .at any of
the facilities and shall not again be trained or employed by
Operator at any facility without consent of the County.
2.6 Inspection
Operator shall allow the County's authorized representatives
access to the premises to be occupied by Operator under the terms
of this Agreement at all reasonable hours, for the purpose of
examining and inspecting said premises, for purposes necessary,
incidental to or connected with the performance of its obligations 1.
hereunder, or in the exercise of its governmental functions.
Operator agrees that the County's Director of Parks and
Recreation, or his authorized agent, is authorized, at any time,
to inspect Operator's operation for cleanliness, condition of equip—
ment, quantity and quality of food, services and hours of operation.
If not satisfactory, the Director of Parks and Recreation shall
notify Operator, in writing, to correct any unsatisfactory conditions.
Such written notice shall contain specific particulars so as to
adequately advise Operator of the conditions deemed unsatisfactory
and the reasons and grounds for such conclusion. Operator shall
take immediate steps to correct any such unsatisfactory condition.
If Operator is of the opinion that the action of the County's
— 5 —
Director of Parks.and Recreation provided for herein is unwarranted,
unreasonable or based upon erroneous facts or information Operator
shall call the same to the attention of the Director and thereafter
the parties shall use best efforts to resolve any dispute to their
mutual satisfaction.
2.7 Access to Premises
It is understood that generally Operator will occupy certain
designated portions of the various facilities and the use in common
with others of all access roads and common areas, including the
parking lots. Should a question or dispute arise concerning the
use of common areas the parties shall utilize their best efforts
to resolve such dispute in such a fashion so as to carry out the
intent and purposes of the Agreement while minimizing the incon-
venience to others entitled to use of such common areas.
2.8 Sale of Liquor
The parties understand and agree that the County presently
has a Class C Liquor License issued by the State of Michigan per-
mitting the sale of alcoholic beverages at White Lake -Oaks. The
parties shall immediately make application to the Michigan Liquor
Control Commission. to include Operator as an additional licensee
on the existing Class C Liquor License.
In the event the Michigan Liquor Control Commission refuses
to add Operator as an additional licensee on said Class C Liquor
License, the parties shall enter into a management contract
acceptable to the Liquor Control Commission to the end that
Operator may engage lawfully in the sale of liquor.
- 6 -
It is agreed between the parties hereto that Operator shall
acquire no right, .title or interest in or to the said Class C
Liquor License.
It is further agreed by Operator that upon termination of
the Agreement for any reason, Operator, its successors and assigns,
shall reassign to the County, its interest in the Class C Liquor
License, or to such party or parties as the County shall designate.
It is further agreed by Operator that additional licenses
to dispense liquor on the subject Oakland County properties shall
operate in the same manner and on the same terms as the White
Lake -Oaks Golf Club House Class C.Liquor License.
DUTIES AND RESPONSIBILITIES OF THE PARTIES CONCERNING THE PREMISES
3.1 Decoration and Redecoration
Operator agrees that it will adopt and use decorating schemes
and motifs in harmony with the design and architectural treatment
of the various facilities and will submit any proposed changes
therein, to the Director of Parks and Recreation for approval
prior to installation. Operator shall at its sole expense do any
and all interior redecorating of those portions of the premises
referred to in the Rider hereto and described as being under the
exclusive custody and control of Operator. Such redecoration shall
be undertaken in a manner approved by the County acting through
the Director of Parks and Recreation, or his authorized agent.
3.2 Maintenance of Equipment
Operator shall have the right to install or cause to be
installed appropriate signs in and about the various facilities
advertising their operations, provided that such signs shall be
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in good taste and shall not materially detract from the aesthetics
of the premises. All cost of such installation shall be borne
by Operator. Operator shall have the right to incorporate as part
of its advertising logo, the logo of Oakland County Parks and
Recreation Commission (Oak Tree). County shall have the right to
review of advertising materials and to reasonable rejection com-
mensurate with this paragraph.
3.3 Maintenance of Equipment
Operator agrees, at all times, to maintain and keep in good
operating condition, at Operator's sole expense, all equipment
furnished by the County. The County has represented that all
restaurant equipment is in good operating order as of the date
hereof. Any new equipment installed by Operator shall be done
at Operator's sole cost and expense and shall be installed pursu-
ant to all applicable building codes and health rules and regula-
tions. All such additional equipment installed by Operator shall
be of high quality, safe, modern in design and shall harmonize with
the equipment furnished by the County to the extent that the same
may be possible,' Operator shall supply the Director of Parks and
Recreation with a"list of all equipment installed by it in the
various• facilities, which lists shall describe such equipment with
particularity. All property of every sort which may be installed
by Operator as a replacement for property initially furnished by
the County shall be and remain the property of the County, after
its installation. All other property and trade fixtures shall
remain the property of Operator with exception of those trade fix-
tures which are installed in the premises in such fashion so as
not to be readily. removable without substantially damaging the
premises.
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3.4 Trash and Garbage
Operator shall provide at its sole expense, suitable pro-
cedures for the adequate sanitary handling and disposal of all
trash, garbage and other refuse caused as a result of the operation
of its business. Whenever possible, both the Operator and the
County -shall coordinate their trash and rubbish disposal procedures
so as to accomplish these functions in mutual advantageous way.
3.5 Damages to premises
Operator'.shall be responsible for damage to the premises,
including the breakage of glass, caused by the negligent acts of
its agents, employees, patrons, or other persons under its direc-
tion and control.
If the premises occupied by Operator are partially damaged
by fire, explosion, the elements, the public enemy, or other
casualty, but not rendered untenantable, the same shall be repaired
with due diligence by the County at its own cost and expense. If
the damage shall be so extensive as to render such premises unten-
antable, but capable of being repaired in thirty (30).days, the
same shall be repaired with due diligence by the County at its
own cost and expense and the amounts payable herein shall be pro-
portionately paid up to the time of such damage and thereafter
cease until such time as the premises are fully restored. In the
event the premises are completely destroyed by fire, explosion,
the elements, the public enemy or other casualty, or so damaged
that they will remain untenantable for more than thirty (30) days,
the County shall be under no obligation to repair and reconstruct
the premises, and amounts payable hereunder shall be proportionately
paid up to the time of such damage or destruction and shall hence-
forth cease until such time as the premises may be fully restored.
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The County and Operator agree that each forfeits any right
of action that it may later acquire against the other of the
parties to the Agreement for loss or damage to its property or
to property in which it may have an interest, where such loss is
caused by fire or any of the extended coverage hazards and arises
out of or is connected with the use of the premises as provided
in this Agreement.
3.6 Fire and Extended Coverage Insurance
Operator shall procure and keep in force fire and extended
coverage insurance upon all improvements, business fixtures, equip-
ment, furniture and furnishings to the full insurable value thereof
and shall furnish the County with evidence that such coverage
has been procured and is being maintained in full force and effect.
Similar insurance coverage for the real property shall be furnished
by the County. Such insurance shall be provided by companies li-
censed to do business in the State of Michigan.
3.7 Indemnity
Operator does hereby covenant and agree to indemnify and
save harmless the County from all fines, suits, claims, demands
and actions of any kind and nature by reason of any and all of its
negligence in conducting operations and does hereby agree to
assume all risks in the operation of its business hereunder and
shall be solely responsible and answerable in damages for any and
all accidents or injuries to persons or property caused by the
negligence of Operator, its employees and agents.
Operator shall maintain, with insurance underwriters satis-
factory to and approved by the County, a standard form policy or
policies of insurance in such amounts as may from time to time
- 10 -
be approved by the County protecting both Operator and the County
against public liability, products liability, liquor liability
and property damage. Operator shall promptly, after the execution
of this Agreement, furnish such policy or policies for Personal
Injury growing out of any one occurrence in the sum of $250,000.00
per person and $500,000.00 growing out of any one casualty and
Property Damage of $250,000.00 per occurrence and $250,000.00
aggregate. Operator shall furnish a certificate from the insur-
ance carrier or carriers showing such insurance to be in full force
and effect during the term of this contract, or to deposit copies
of the policies which give this coverage, with the County. If
certificates are provided, a thirty (30) day notice of cancellation
shall be given.
3.8 Redelivery
Operator will make.no unlawful or offensive use of said
premises and will at the expiration of the .term hereof or upon
any earlier termination thereof, as hereinafter provided, quit
and deliver said premises to the County and those having their
estate in the premises, peaceably, quietly, and in as good order
and condition, reasonable use and wear thereof, fire and unavoid-
able cause excepted, as the same now are or may hereafter be placed
by Operator or the County.
PAYMENT TERMS
4.1 Costs Borne by Operator
Operator shall bear at its own expense all costs of operating
their business; including any and all taxes and assessments levied
or assessed upon Operator's personal property located about the
various premises. Operator shall pay for and obtain all permits
and licenses required by authority of law in connection with the
operation of its business.
4.2 Payments by Operator
Operator, in consideration of this Agreement, hereby cov-
enants and agrees to pay to the County the following sums, to -wit:
White Lake -Oaks
A. A minimum rental at the rate of $8,000.00 per annum
payable in equal monthly installments in advance of
the first day of each calendar month of the term here-
of without any set off or deduction whatsoever, with
the exception of the year 1974, during which year the
minimum rental shall be pro -rated and adjusted based
upon the number of months this Agreement is in effect.
B. In addition to such minimum rental Operator shall pay
to the County percentage rentals based upon the follow-
ing table:
Thru December 31, 1974 -- 4% of gross sales in excess
of $200, 000. 00;
January 1, 1975 thru December 31, 1975 -- 5% of gross
sales in excess of $160, 000. 00;
January 1, 1976 thru December 31, 1976 -- 6% of gross
sales in excess of $134,000.00;
January 1, 1977 thru December 31, 1977 -- 6% of gross
sales in excess of $134, 000. 00;
January 1,1978 thru December 31, 1978 _ 6% of gross
;sales in excess of $134,000.00. ;
Additional 5-yearn option shall be at 6% of total
gross sates.
- 12. -
C. In addition to the amounts provided for in Paragraph
A and B hereof Operator shall pay to County a sum of
money equal to 1% of its gross sales annually for
utilities.
Addison -Oaks Conference Center
A. A minimum rental at the rate of $6,000.00 per annum
payable in equal monthly installments in advance on
the first day of each calendar month of the term
hereof without any set off or deduction whatsoever;
with the exception of the year.1974, during which
year the minimum rental shall be pro -rated and adjusted
based upon the number of months this Agreement is
in effect.
B. In addition to such minimum rental Operator shall pay
to the County percentage rentals based upon the follow-
ing table:
Thru December 31, 1974 -- 3% of gross sales in excess
of $200, 000. 00;
January 1, 1975 thru December 31, 1975 -- 4% of gross
sales in excess of $150, 000.00;
January 1, 1976 thru December 31, 1976 -- 5% of gross
sales in excess of $120, 000.00;
January 1, 1977 thru December 31, 1977 -- 5% of gross
sales in excess of $120,000.00;
January 1, 1978 thru December 31, 1978 -- 5% of gross
sales in excess of $120, 000. 00;
Additional 5-year option shalZ be at 5% of total
gross sales.
C. In addition to the amounts provided for in paragraphs
A thru B hereof, Operator shall pay to County a sum
of money equal to 2% of its gross sales annually for
utilities.
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Springfield -Oaks Golf Club House
A. During the entire term hereof rental shall be based
upon a percentage of Operator's gross sales annually
in accordance with the following schedule:
0 thru $50, 000. 00 -- $1. 001
$50, 001. 00 thru $100, 000. 00 -- $1. 00 plus
2% of excess over $50, 000. 00;
$100, 001 . 00 thru $150, 000. 00 -- $1, 001. 00
plus 3% of excess over $100,000.00;
$150, 001 . 00 thru $200, 000. 00 -- $2, 501. 00
plus 4% of excess over $150,001.00;
$200, 001- 00 and up -- $4, 501. 00 plus 5%
of excess over $200, 000. 00;
Additional 5-year option shall be at 5% of
total gross sales.
Springfield -Oaks Youth Activities Center
A. During the entire term hereof rental shall be based
upon a percentage of Operator's gross sales annually
in accordance with the following schedule:
Thru December 31, 1974 -- 4� of gross sales;
January 1, 1975 thru December 31, 1975 --
4% of gross sales;
January 1, 1976 thru December 31, 1976 --
4% of gross sales;
January 1, 1977 thru December 31, 1979 --
5% of gross sales;
January 1, 1978 thru December 31, 1978 --
5% of gross sates;
Additional 5-year option shall be at 5%
of total gross sales.
- 14 -
Addison-OAks Concession Stand
A. During the entire term hereof rental shall be based
upon a percentage of Operator's gross sales annually
in accordance with the following schedule:
Thru December 31, 1976 -- 6% of gross sales;
January 1, 1977 thru December 31, 1978 -- 8%
of gross sales;
Additional 5-year option shalZ be at 8% of
total gross sales.
Waterford -Oaks Activities Center
A. During the entire term hereof rental shall be based
upon a percentage of Operator's gross sales anually
in accordance with the following schedule:
Thru December 31, 1974 -- 4% of gross sales;
January 1, 1975 thru December 31, 1975 -- 4%
of gross saless
January 1, 1976 thru December 31, 1976 -- 4%
of gross sates;
January 1, 1977. thru December 31, 1977 -- 5%
of gross sates;
January 1, 1978 thru December 31, 1978 -- 5%
of gross sales;
Additional 5-year option shall be at 5% of total
gross sales.
Groveland-Oaks Concession Stand
A. During the entire term hereof rental shall be based
upon a percentage of Operator's gross sales annually
in accordance with the following schedule:
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Thru December 31, 1976 -- 6% of gross sales;
January 1, 1977 thru December 31, 1978 -- 8%
of gross sales;
Additional 5-year option shall be at 89 of total
gross sales.
The term gross sales shall include the gross amount of all
sales of every kind and description made in , upon or resulting
from the conduct of the business of Operator upon the various
recreational facilities covered by this agreement, but after deduc-
tion therefrom refunds made in the normal course of business and
amounts paid for sales tax. Net proceeds from vending machines
shall be included in gross sales. All percentage payments provided
hereunder shall be payable quarterly not later than the thirtieth
(30th) day following the end of the first three (3) months of oper-
ation and the end of each three (3) month period thereafter, and
shall be based upon reports furnished by Operator to the County with
such payments. Operator shall furnish to the County within sixty
(60) days after the closing of each calendar year a report certified
to by an officer of Operator, showing Operator's Gross Receipts
during the preceding calendar year, the amount of any accumulated
prior deficiency in percentage payments -, and the net percentage
payment, if any, owing hereunder for such period, provided that, if
at the end of any quarter, it be determined that Operator has paid
for said year to date, a greater sum than would have been payable
under the provisions hereof for said portion of such year, Operator
shall have credit for such excess payment.
In the event the term hereof is extended thru the exercise
by the Operator of the option granted to it in paragraph 1.3 hereof,
payments shall be made during said extended period at the same level
as payments required during the calendar year 1978.
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4.3 Audit of Books and Records
The County shall have the right at any time within ninety
(90) days thereafter to have the books and records of Operator audited
during reasonable hours. Any additional percentage payment found due
by such audit shall be paid to the County within thirty (30) days
and shall bear interest at the rate of seven (7%) percent per annum
from the date such payment was due until paid. Failure of the County
to exercise its option to audit the books of Operator within said
period shall be conclusive evidence as between the parties hereto
that the reports of gross sales supplied by Operator to the County
during the preceding calendar year are correct.
4.4 Utilities
County will supply all utilities to the various facilities
subject to this Agreement and will supply heat at an average temp-
erature of 721 during winter season and circulating fresh air when
heat is not required. In the event any of the facilities subject
to this Agreement are presently air conditioned, then and in that
event the County shall supply air conditioning at its cost and ex-
pense.
4.5 Financial Operation Summaries
Operator shall furnish summaries of Gross Sales to County
representative on a monthly basis.
4.6 Rizht of Review
County shall have the right of reasonable review of adver-
tising, hours of operation, and menus and prices with Operator.
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ADDITIONAL TERMS OF AGREEMENT
5.1 Paragraph Headings
The paragraph headings contained herein are for convenience
in reference and are not intended to define or limit the scope of
any provision of this Agreement.
5.2 Invalid Provisions
In the event that any provision herein contained is held
to be invalid by any court of competent jurisdiction, the invalidity
of such provision shall not affect the remainder of the Agreement.
5.3 Assignment and Subletting
Operator shall not assign, transfer, sublease, pledge,
hypothecate, surrender or otherwise encumber or dispose of any
interest arising under this Agreement or any estate created by this
Agreement, or any interest in any portion of the same, or permit
any other person or persons, company or corporation to occupy these
premises, without the written consent of the County being first
obtained, which consent shall not unreasonably be withheld.
All the covenants, stipulations and agreements in this'
Agreement shall extend to and bind the legal representatives,
successors and assigns of the respective parties hereto.
5.4 Default
It is agreed that if Operator shall neglect or fail to
pay any amounts promptly as specified in this Agreement and if there
is a failure to pay same for a period in excess of thirty (30) days,
then this Agreement shall be subject to cancellation and become
— 18 —
void and the rights of Operator terminated hereunder at the option
of the County.
It is further agreed that should Operator be adjudicated a
bankrupt or insolvent according to law, the Agreement shall become
void
5.5 Non -Waiver
Any waiver of any breach of covenants herein contained to
be kept and performed by Operator shall not be deemed*or considered
as a continuing waiver and shall not operate to bar or prevent the
County from declaring a forfeiture for any succeeding breach either
of the same condition or covenant or otherwise.
5.6 Notices
Notices.to the County provided for in this Agreement shall
be sufficient if in writing and mailed, postage prepaid, addressed
to the Director of Parks and Recreation, 2800 Watkins Lake Road,
Pontiac, Michigan, or to such other address as may have been des-
ignated in writing from time to time and notices to Operator shall
be deemed sufficient if in writing and mailed, postage prepaid,
addressed to Laffrey, Werthmann, Fuller Restaurants, Inc., 4001
Haggerty Road, West Bloomfield, Michigan.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
WITNESSES:
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COUNTY OF OAKLAND, a Michigan
Constitutional Corporation,.by
its Statutory Agent the Oakland
County Parks and Recreation
Commission
Its
Y�
Its
LAFFREY, WERTHMANN, FULLER
RESTAURANTS, INC., a Michigan
Corporation
By ...�
John Lbbfrey
Its President
By: ��:—
Edward Fuller
Its Secretary
Approved by Resolution of
- 20 -
EXHIBIT (SCHEDULE) "A"
DESCRIPTION OF PROPERTY
WHITE LAKE -OAKS GOLF CLUB HOUSE
Consists of dining room, bar and dining:ar.ea, and
restroom facilities within the Club House located
at 991 Williams Lake Road, White Lake Township.
ADDISON-OAKS CONFERENCE CENTER
Consists of the entire structure located at 1480 West
Romeo Road, Addison Township, along with a concession
stand located on the beach.
SPRINGFIELD-OAKS GOLF CLUB HOUSE
Consists of restaurant and restroom facilities located
at 12450 Andersonville Road, Springfield Township.
SPRINGFIELD-OAKS YOUTH ACTIVITIES CENTER
Consists of a structure located at 12451 Andersonville
Road, Springfield Township.
11 A 11 , page 1
WATERFORD-OAKS ACTIVITIES CENTER
Consists of one large building located at 2800
Watkins Lake Road, Waterford Township.
GROVELAND-OAKS CONCESSION STAND
Consists of a wooden structure located on the beach
and situated in Groveland Township.
HOURS OF OPERATION
All services and facilities shall remain open
for business at least during those hours comparable
facilities operate at comparable locations. Breakfast
service shall be maintained at those facilities oper-
ating golf courses during those months in which the
golf facility is in operation.
11 A 11 3 page 2
REAL, [_STATE APPRAISAL SERVICE
JOHN Vt. STOPPERT, MAI, ASA
PAUL R. STOPPERT, MAI, ASA
JOHN O. STOPPERT, ASA
ARTHUR C. SALLEY
5904 SOUTH MAIN STREET
CLARKSTON, MICHIGAN 16016
PHONE (313) M-30W
TO: Oakland County Parks & Recreation Commission
FROM: John W. Stoppert, MAI, ASA - Consultant
RE: Proposed leasing of Oakland County Parks and
Recreation Commission.Food & Beverage Concessions.
A special meeting was held between John Laffrey and my-•
self at the main office of the Oakland County Parks and Rec-
reation Commission on March 4., 1974, at which time the pro-
posed leases of the food and beverages concessions was discussed.
After a lengthy negotiation period, a revised proposal was
mad6-by,.. Mr, Laffrey, -as follows:
White Lake Oaks-:
1974 - 4-% of Gross.Sales rental + 1ro to utilities.'
1975 - 5% of Gross Sales rental + to to utilities.
1976 - 6% of Gross Sales rental + 1% to utilities.
1977 - 6% of'Gross Sales rental'+,10 to utilities.
1978 - 6% of Gross Sales rental +'l% to utilities.
Plus additional 5 year option @ 6% + 1%.
Addison Oaks
1974 - 3% of Gross Sales rental + 2% to utilities.
1975 - 4% of Gross Sales recital + 2% to utilities.
1976 - 5% of Gross Sales rental +.2% to utilities.
1977 - 5% of Gross Sales rental + 2% to utilities.
1978 - 5% of Gross Sales rental + 2% to utilities.
Plus additional 5 years option at 5% + 2%.
N A " page 3
Continued
Springfield Oaks
1974-1978 Inclusive
0 - $50,000. Gross Sales
$1.00
$50,001.
- $100,000. Gross Sales
2%
of
Gross
$100,001.
- $150,000. Gross Sales
3%
of
Gross
$150,001.
- $200,000. Gross Sales
4%
of
Gross
$200,000.
and up
5%
of
Gross
Additional 5 year option @ 5% of Gross Sales.
Springfield Oaks Y.A.C.
1974-1976 Inclusive 4% of Gross Sales
1977-1978 5% of Gross Sales
Additional 5 year option @ 5% of Gross Sales.
Waterford Oaks
1974-1976 Inclusive 4% of Gross Sales
.1977-1978 5% of'Gross Sales
Additional 5 year option @ 5% of Gross Sales.
Other proposals include:
.Mr.. Laffrey agreed to establish a $20,000. annual budget
for advertising.
Maintain leased, equipment and replace as: necessary at
lessee expense.
Maintain and repair interior of leased premises.
Furnish owner with liability and property damage. for
leased area.
Oakland County Parks and Recreation Commission to insure
real estate for fire and extended coverage.
Owner to maintain and repair exterior of building.
John W. Stoppert
Consultant,
11 A 11 , page 4
AMENDMENT TO CONCESSION AGREEMENT
THIS AMENDMENT is attached to and made a part of a certain
Concession Agreement dated April 25, 1974 by and between the COUNTY OF
OAKLAND and LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC.
WITNESSETH:
1. The parties recognize and acknowledge that the County
presently holds a Class C license issued by the Michigan Liquor Control
Commission, which license is referred to in paragraph 2. 8 of the
aforementioned Concession Agreement. Unless and until the Michigan
Liquor Control Commission adds as a co -licensee on said license LAFFREY,
WERTHMANN, FULLER RESTAURANTS, INC., all sales -of liquor shall
be made by the County and operator shall not participate in the proceeds
therefrom.
IN WITNESS WHEREOF the parties have executed this agreement
as of April 25, 1974.
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, by its
Statutory A t, the O an o y
WITNESSES: Parks an reat' Co imon
BY:
Its:
BY-
Its-
LAFFREY, WERTHMANN, FULLER
RESTAURANTS, INC., a Michigan
Corporation
BY: C-��1^o
Its:
BY:
It s:
SECOND AMENDMENT TO CONCESSION AGREEMENT
THIS SECOND AMENDMENT is attached to and made a part of a
certain Concession Agreement dated April 25, 1974, by and between
the COUNTY OF OAKLAND and LAFFREY, WERTHMA.NN, FULLER RESTAURANTS,
INC.
WITNESSETH:
1. Paragraph 2.8 of the Concession Agreement is hereby
modified to substitute the following therefor in its entirety: .
2.8 Sale of Liquor
The parties understand and agree that the
County presently has a Class C liquor license issued
by the State of Michigan permitting the sale of
alcoholic beverages at Wilhite Lake -Oaks. The parties
shall immediately make application to the Michigan
Liquor Control Commission to include Operator as an
additional licensee on the existing Class C liquor
license.
In the event the Michigan Liquor Control
Commission refuses to add Operator as an additional
licensee on said Class C liquor license, the parties
shall enter into a management contract acceptable
to the Liquor Control Commission to the end that
Operator may engage lawfully in the sale of liquor.
It is further agreed by Operator that upon
termination of the agreement for any reason,
Operator, its successors and assigns, shall reassign
to the County, its interest in the Class C liquor
license, or to such party or parties as the County
shall designate, subject however, to the consent and
approval of the Michigan Liquor Control Commission.
It is further agreed by Operator that additional
licenses to dispense liquor on the subject Oakland
County properties shall operate in the same manner
and on the same terms as the White Lake -Oaks Golf
Club House Class C liquor license.
- 1 -
2. Except as herein modified, the Concession Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of April 25, 1974.
COUNTY OF OAKLAND, a Michigan
Constitutional Cogei
'by
its Statutory 'Agekland
County P 7an,
Commiss o
BY : /
Its: LLB
BY:
Its:
LAFFREY, WERTHMANN, FULLER
RESTAURANTS,' INC., a Michigan
Corporation \ BY
Its: G�
BY:
Its:
2
THIRD AMENDMENT TO CONCESSION AGREEMENT
THIS THIRD AMENDMENT is attached to and made a part of
a certain Concession Agreement dated April 25, 1974, by and between
the COUNTY OF OAKLAND and LAFFREY, WERTHMANN, FULLER RESTAURANTS,
INC.
WITNESSETH:
1. The parties recognize and acknowledge that two new
concession facilities, Independence -Oaks Concession Stand and
Waterford -Oaks Wave Pool Concession Stand, have been constructed
since the inception of the aforementioned Concession Agreement and
the following shall apply to these two new facilities:
Independence -Oaks Concession Stand
A. During the entire term hereof rental shall be based
upon a percentage of Operator's gross sales annually
in accordance with the following schedule:
1976 - 1977 6% of Gross Sales
1978 - 1983 8% of Gross Sales
Waterford -Oaks Wave Pool Concession Stand
A. During the entire term hereof rental shall be based
upon a percentage of Operator's gross sales annually
in accordance with the following schedule:
1976 - 1977 8% of Gross Sales
1978 - 1983 10% of Gross Sales
2. The Oakland County Parks and Recreation Commission
agrees to a five-year extension of this Concession Agreement which
goes from 1984 to 1988, inclusive, with the percentages to be
negotiated after the first five years which end in 1978.
3. If a Liquor License is approved by the Liquor Control
Commission for the Springfield -Oaks Clubhouse, the County would be
the co -licensee and the license is to remain in the County's
ownership if LAFFREY & FULLER RESTAURANTS, INC, terminate their
agreement with the County.
- I -
IN WITNESS WHEREOF the parties have executed this
agreement as of July 23, 1976.
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, by its
Sta�nro Agent, to Oakland County
Pad an RecreakX6n,,Commission
WITNESSES:
BYL,
BY:
Its: `A 1
LAFFREX, FULLER RESTAURANTS, INC., a
Michigan Corporat
h ,
BY:
Its:
BY:
Its:
- 2 -
THIRD AMENDMENT TO CONCESSION AGREEMENT
THIS THIRD AMENDMENT is attached to and made a part of a certain
2oncession Agreement dated April 25, 1974, by and between the COUNTY OF
DAKLAND and LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC,
WITNESSETH:
1. Operator agrees to purchase from the County stock and supplies
ocated at White Lake Oaks, However, the same is not to exceed the sum of
Iwo Thousand ($2, 000. 00) Dollars.
IN WITNESS WHEREOF, the parties have executed this Agreement as
April 25, 1974,
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, by
its Statutory Agent, the Oakland
County Parks and Recreation
Commission
BY -
Its:
BY:
Its:
LAFFREY, WERTHMANN, FULLER
RESTAURANTS, INC.. a Michigan
Corporation
BY
Its: i
BY:
Its:
FOURTH AMENDMENT TO CONCESSION AGREEMENT
THIS FOURTH AMENDMENT is attached to and made a part of a certain
Concession Agreement dated April 25, 1974, by and between the COUNTY OF
OAKLAND and THE OAKS CORPORATION, formerly known as Laffrey, Werthmann,
Fuller Restaurants, Inc.
WITNESSETH:
I. The parties recognize and acknowledge that the following rules
shall apply, in the event that a Class C Resort Liquor License is issued for
the Springfield -Oaks Golf Course Clubhouse:
A. Alcoholic beverages will only be sold during the golf
season and at privately scheduled functions.
B. Alcoholic beverages will be sold during the golf season only
between the hours of 12:00 p.m. to 10:00 p.m. and the Club-
house will close no later than 71:00 p.m. except for
privately scheduled functions.
C. No signs will be posted or advertising done which will indicate
that liquor is available at the Clubhouse.
D. No alcoholic beverages will be allowed anywhere except the
upper level of the Clubhouse.
E. The S.D.M. and the dance permit portions of this Resort
License will be cancalled. This portion of the license will
not be issued and therefore no carry -out sales or dancing
will be allowed.
F. In the event the Agreement between THE OAKS CORPORATION and
the OAKLAND COUNTY PARKS AND RECREATION COMMISSION is
cancelled or not renewed, license shall revert to the
OAkLAND COUNTY PARKS AND RECREATION COMMISSION for use only
by concessionaires, controlled and approved by the OAKLAND
COUNTY PARKS AND RECREATION COMMISSION and Liquor Control
Commission.
G. All alcoholic beverages will be dispensed from a service bar
located in the kitchen or some other private room. No sit-
down bar will be installed.
IN WITNESS WHEREOF the parties have executed this Amendment to
the Agreement as of March 10, 1978.
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, by its
Statutory Agent, the Oakland County
Parks and R creation Commissign
VIITNESSES:
Its:. Chairman
BY:
Its: Manager
THE S CORPO TI
BY
Edward . Fuller
Its: President
i
BY:
orge L as
Its: Secretary
STATE OF MICHIGAN )
)ss.
COUNTY OF Oakland )
The foregoing instrument was acknowledged before me this /0 '='o day of
March 1978, by the OAKLAND COUNTY PARKS AND RECREATION COMMISSION
and THE OAKS CORPORATION.
My commission expires: �.
8 l Charles L. Ross
CHARLES c ROSS• JR'
NNotary Public Oakland County, Michigan
ot
M7( y,n,nlulon publla o�kbnd C-1y, Mtddpm lxpim Ap1il 11 1981
Business
Address 2800 Watkins Lk.Rd.,Pontiac, MI
- 2 -
ADDENDUM
COUNTY OF OAKLAND, through its PARKS AND RECREATION
COMMISSION and E. A. FULLER OAKS CORPORATION, the parties to
the contract, by this Addendum set forth their joint inter-
pretation of their CONCESSION AGREEMENT dated the 20th day of
June, 1979, to -wit:
White .Lake Oaks, Page 11, Paragraph B, shall read as
follows:
B. In addition to such minimum rental Operator
shall pay to the County percentage rentals
based upon the following table:
Thku December 3.1, 1974 -- 40 06 gAo66 ea.ee6 in
exce.6d ob $200,000.00;
January 1, 1975 .th)uc Decembers 31, 1975 -- 5$ os
geode 6aEe6 .in exceed o6 $.160,000.00;
January 1, 1976 .thhu Decembeh 31, 1976 -- 6% os
gaws '6ate6 .in exce66 o6 $134,060.00;
January 1, 1977 .thhu December 31, 1977 -- 6% o6
gAo66 da.eed .in exceed o6 $134 , 000 .00;
Januah.y 1, 1978 thhu Decembeh 31, 1979 -- 6% o6
9ro6e 6ate6 .in exce66 os $134,000.00;
Addit i.anat 5-yeah option, Januaxy 1, 1979 thhu
December 31, 1993 -- 6$'o4 groee bated .in exce66
o6 $134,000.00.
ison Oaks Conference Center, Page 12, Paragraph B, shall read
as follows:
B. In addition to such minimum rental Operator shall pay
to the County.percentage rentals based upon the
following table:
Thru Decembm 31, 1974 -- 3% oS 94o66 eate.4 .in
exce.64 06 $200,000.00;
January 1, 1975 .thru Decembeh 31, 1975 -- 4% o6
ghobe sated .in excee.a o6 $150,000.00;
January 1, 1976 th/Lu December. 31, 1976 -- 5% o6
ghobe eaeed .in excee6 os $120,000.00;
January 1, 1977 .thru December 31, 1977 -- 5% o6
9ho66 6a.eee in excuz o6 $120,000.00;
January 1, 1978 thAu December. 31, 1978 -- .5% o6
grodb dated in excuz o6 $120,000.00;
Addi,Giona.t 5-yeah option, January 1, 1979 .thus
Decembers 31, 1983 -- 5% o6 groaa aa.te6 .in exceaa
o6 $120,000.00.
IN WITNESS WHEREOF the parties have executed this Amendment
to the Agreement as of April 2, 1980.
WITNESSES:
P',
STATE OF MICHIGAN )
)ss.
COUNTY OF Oakland )
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, by its
Statutory Agent, the Oakland County
Parks Ze"
'.eation Commiss
B Y : e/c.�
Its: Chairman
By: ./La, Z21. 1,a 4,
Its: Secretary
THE OAKS CORPORATION
'
BY:
Edward A. Fuller
Its: President
BY: 00611 Cl 2z
eor a Lekas
Its: Secretary
The foregoing instrument was acknowledged before me this 2nd day of
April , 1980, by the OAKLAND COUNTY PARKS AND RECREATION COMMISSION
and THE OAKS CORPORATION.
My commission expires:
CHA"Es 1, Ross, Jk,
Nnmty Poblia, Oakland C-nly, Mlchjpe
My G,mmtr.',.� �"j�.'•W hPril {� i98f
Charles L. Ross
Notary Public Oakland County,
Michigan
Business
Address 2800 Watkins Lk. Rd., Pontiac,
MI
FIFTH AMENDMENT TO CONCESSION AGREEMENT
THIS FIFTH AMENDMENT is attached to and made a part of a certain
Concession Agreement dated April 25, 1974, by and between the COUNTY OF
OAKLAND and LAFFREY, WERTHMANN, FULLER RESTAURANTS, INC., now known as THE
OAKS RESTAURANTS, INC.
WITNESSETH:
1. The parties recognize and acknowledge that the OAKLAND COUNTY
PARKS AND RECREATION COMMISSION has purchased the Glen Oaks Golf Course
since the inception of the aforementioned Concession Agreement and the
Following shall apply to this new facility:
A. During the entire term hereof rental shall be based upon a
percentage of the Operator's gross sales annually in
accordance with the following schedule:
1978 - 1983 10% of Gross Sales
f
2.- The OAKLAND COUNTY PARKS AND RECREATION COMMISSION agrees to
a five-year extension of this Agreement which goes from 1984 to 1988,
inclusive, with the percentages to be negotiated after the first five.years
which end in 1983.
3. If a Liquor License is approved by the Liquor Control Commission
for the Glen Oaks Clubhouse, the County would be co -licensee and the license
is to remain in the County's ownership if THE OAKS RESTAURANTS, Ific.,
terminate their Agreement with the County.
j4. In addition to the amounts provided for:
A. Operator.shall pay to the County a sum of money equal to one-
half of the utilities that are expended for.the purpose of
operating the building that houses the banquet facility, pro
shop and clubhouse, along with other connion areas within the
main building.
5. Concessionaire also agrees to provide the day-to-day mainten-
ance of the interior of the building which would include the
locker rooms, grill room, banquet area, bathrooms and other
common areas throughout the building.
6. The PARKS At— RECREATION CO.MISSION will br. J up -to -code the
buildinq, as well as the equipment for the proper implementation of the
ility immediately upon the closing. The Commission staff will work with
the Concessionaire in meeting these requirements. Once the requirements
have been met, then it will be the responsibility of the Concessionaire to
keep the interior of the.building to the standards of the Commission as
referred to in other parts of this Agreement.
CONCESSION AGREEMENT
THIS CONCESSION AGREEMENT, made and entered into on the
25th day of April, 1974, and revised on the 20th day of
June 1979, by and between the COUNTY OF OAKLAND, a
Michigan Constitutional Corporation, hereinafter referred to as
the "County" and E. A. FULLER OAKS CORPORATION, a Michigan Cor-
poration, Oakland County, Michigan, formerly known as Laffrey.
Werthmann, Fuller Restaurants, Inc., hereinafter referred to as
"Operator".
WITNESSETH:
The following is a recitation of facts underlying this Agree-
ment:
A. The County owns and operates ten (10) recreational
facilities referred to in this Agreement for purposes of conve`n-
ience as follows:
WHITE LAKE -OAKS GOLF CLUBHOUSE,
f
ADDISON-OAKS CONFERENCE CENTER,
ADDISON-OAKS CONCESSION STAND,
SPRINGFIELD-OAKS GOLF CLUBHOUSE,
SPRINGFIELD-OAKS YOUTH ACTIVITIES CENTER,
INDEPENDENCE -OAKS CONCESSION STAND,
WATERFORD-OAKS WAVE POOL CONCESSION STAND,
WATERFORD-OAKS ACTIVITIES CENTER,
GROVELAND-OAKS CONCESSION STAND
GLEN OAKS GOLF CLUBHOUSE
B. All of the foregoing recreational facilities have various
food and beverage facilities designed to provide food and beverage
services for the general public, patrons of the facilities and/or
in certain instances, catering facilities.
C. Operator represents itself to be capable of furnishing
food and beverage of high quality and is desirous of obtaining ex-
clusive rights to furnish.food and beverage services at the
aforesaid facilities.
D. County is agreeable to granting to Operator exclusive
rights to engage in the food and beverage business for profit at
the recreational facilities referred to in this Agreement.
E. The parties have reached an understanding and are desir-
ous of reducing to writing their Agreement.
THEREFORE, in consideration of the mutual covenants herein
contained, the County does hereby agree and let unto Operator and
Operator does hereby hire and take from the County certain premi-
ses, facilities, rights, services and privileges in connection
with the following County owned and operated recreational facili-
ties, to -wit:
WHITE LAKE -OAKS GOLF CLUBHOUSE
ADDISON-OAKS CONFERENCE CENTER,
ADDIS014-OAKS CONCESSION STAND,
SPRINGFIELD-OAKS GOLF CLUBHOUSE,
SPRINGFIELD-OAKS YOUTH ACTIVITIES CENTER,
INDEPENDENCE -OAKS CONCESSION STANDS,
WATERFORD-OAKS ACTIVITIES CENTER
WATERFORD-OAKS WAVE POOL CONCESSION STAND
GROVELAND-OAKS CONCESSION STAND,
GLEN OAKS GOLF CLUBHOUSE
as hereinafter provided.
PROVISIONS CONCERNING THE NATURE AND OPERATION OF THE CONCESSION
1 General Description of the Concession
Operator shall have the exclusive right in all facilities
subject to this agreement to operate restaurant facilities ser-
vicing food and beverage, including alcoholic beverages and
otherwise engaging in the food and restaurant business, including
catering and sale of miscellaneous novelty items incident to the
concession herein granted.
- 2 -
1,2 Area of Concession
Attached hereto in a Rider labeled "Exhibit A", is a descrip-
tion of each recreational facility subject to -this Agreement, to-
gether with a particular description of the areas of such facility
let to Operator in connection with this Agreement.
1.3 Term
Operator shall have full authority to use said premises and
facilities and to exercise -the rights, licenses and privileges
set forth herein for a term commencing on the-25th day of April,
1974 and terminating on the 31st day of December, 1978. Providing
Operator shall not be in default under the terms and conditions of
this Agreement, it shall have the right at its option to extend
the term of this Agreement for an additional ten (10) year period,
to expire December 31, 1988, except the percentages of the last
five years of this contract, 1984-1988 are to be negotiated
within ninety (90) days after December 31, 1983 or Agreement
becomes null and void.
OBLIGATIONS OF OPERATOR,
i
2.1 Qual,17
Operator shall serve and dispense quality foods and beverages
with adequate portions.
It shall furnish good, prompt and efficient service adequate
to meet all the demands for its service at the facilities subject
to this Agreement.
Operator shall, at all times, comply with. the Federal Pure
Food and Drug Laws and other applicable laws and regulations of
the United States, the State of Michigan, County of Oakland and
the municipalities wherein the facilities are located, and all
applicable health rules and regulations.
I
Operator shall furnish said service on a fair, equal and
nondiscriminatory basis to all users thereof. Operator will not
- 3 -
on the grounds of race, sex, religion, or national origin discrim-
inate or permit discrimination against any person or group of
persons. The selection of food and beverages offered for sale,
and its quality and portion schedules will be subject to the
reasonable approval by the County prior to the beginning of opera-
tions, and at any time thereafter.
�2.2 Prices
Foods and beverages offered for sale by Operator shall be
sold at prices comparable to those maintained at other high
(quality restaurants in the Oakland County area.
Operator shall charge fair, reasonable and nondiscriminatory
prices for each unit of sale or service, provided that Operator
may be allowed to make reasonable and nondiscriminatory discounts,
rebates, and other similar types of price reduction to volume
purchasers.
2.3 Service and Hours of Operation
Operator's service shall be prompt, clean, courteous,
efficient and sufficient in quantity. Operator shall at all times
provide personnel sufficient •to operate the facilities on a
standard equal to that maintained by comparable restaurant opera -
Lions at comparable locations,
The specific hours of operation at each facility are desig-
nated on the Rider attached hereto and labeled "Exhibit A".
2.4 Supervisor
Operator shall at all times provide an .active, qualified
and competent supervisor at each facility who shall be authorized
to represent and act for Operator in matters pertaining to the
day to day operation of the facility.
2.5 Employees of Operator
All employees of Operator shall be clean, courteous, effic
and neat in appearance. Operator shall not employ any person
- 4 -
�or persons in or about any facility who shall use improper
language or act in a loud or boisterous or otherwise improper
1manner.
Upon written notification by the County to Operator that a
person employed by Operator is, in the County's opinion, dis-
orderly, unsanitary, or otherwise unsatisfactory, Operator shall,
i
immediately, remedy the situation to the County's reasonable
satisfaction, and failing that, the employee shall be removed
from service at any of the facilities and shall not again be
trained or employed by Operator at any facility without consent
of the County.
2.6 Inspection.
Operator shall allow the County's authorized representatives
access to the premises to be occupied by Operator under the terms
of this Agreement at all reasonable hours, for the purpose of
examining and inspecting said premises, for purposes necessary,
incidental to or connected with the performance of its obligations
hereunder, or in the exercise of its governmental functions.
Operator agrees that the County's Manager of Parks and
Recreation, or his authorized agent, is authorized, at any time,
to inspect Operator's operation for cleanliness, condition of
equipment, quantity and quality of food, services and hours of
operation. If not satisfactory, the Manager of Parks and Recrea-
tion shall notify Operator, in writing, to correct any unsatis-
factory conditions. Such written notice shall contain specific
particulars so as to adequately advise 'Operator of the conditions
deemed unsatisfactory and the reasons and grounds for such con-
clusion. Operator shall take immediate steps to correct any such
unsatisfactory condition. If Operator is of the opinion that the
action of the County's Manager of Parks and Recreation provided
[or herein is unwarranted, unreasonable or based upon erroneous
Eacts or information Operator shall call the same to the attention
�)f the Manager and thereafter the parties shall use best efforts
-o resolve any dispute to their mutual satisfaction.
- 5 -
2.7 Access to Premises
It is understood that generally Operator will occupy certain
designated portions of the various facilities and the use in
common with others of all access roads and common areas, including
the parking lots. Should a question or dispute arise concerning
the use of common areas the parties shall utilize their best
efforts to resolve such dispute in such a fashion so as to carry
out the intent and purposes of the Agreement while minimizing the
inconvenience to others entitled to use of such common areas.
2.8 Sale of Liquor
The parties understand and agree that the County presently
has Class C liquor licenses issued by the State of Michigan per-
mitting the sale of alcoholic beverages at White Lake -Oaks Golf
Clubhouse, Springfield -Oaks Golf Clubhouse and Glen Oaks Golf
Clubhouse. The parties shall immediately make application to the
Michigan Liquor Control Commission to include Operator as an
additional licensee' on the existing Class C. liquor license.
In the event the Michigan Liquor Control Commission refuses
to add Operator as an additional licensee on said Class C liquor
license, the parties shall enter into a management contract
acceptable to the Liquor Control Commission to the end that
Operator may engage lawfully in the sale of liquor.
It is further agreed by Operator that upon termination of the
Agreement for any reason, Operator, its successors and assigns,
shall reassign to the County, its interest in the Class C liquor
license, or to such party or parties as the County shall designate
subject however to the consent and approval of the Michigan Liquox
Control Commission.
It is further agreed by Operator that additional licenses to
dispense liquor on the subject Oakland County properties shall
operate in the same manner and on the same terms as the Class C
liquor licenses presently held by the County.
- 6 -
IDUTIES AND RESPONSIBILITIES OF THE PARTIES CONCERNING THE PREMISES
13.1 Decoration and Redecoration
Operator agrees that it will adopt and use decorating schemes
and motifs in harmony with the design and architectural treatment
of the various facilities and will submit any proposed changes
therein, to the Manager.of Parks and Recreation for approval prior
to installation. Operator shall at its sole expense do any and
all interior decorating of those portions of the premises re-
ferred to in the Rider hereto and .described as being under the
exclusive custody and control of Operator. Such redecoration
shall be undertaken in a manner approved by the County acting.
through the Manager of Parks and Recreation, or his authorized
agent.
3.2 Maintenance of Sign Equipment
Operator shall have the right to install or cause to be
installed appropriate signs in and about the various facilities
advertising their operations, provided that such signs shall be
in good taste and shall not materially detract -from the
aesthetics. of the premises. All cost of such installation shall
be borne by Operator, Operator shall have the right to incorpor-
ate as part of its advertising logo, the logo of Oakland County
Parks and Recreation Commission (Oak Tree). County shall have
the right to review of advertising materials and to reasonable
rejection commensurate with.this paragraph.
3.3 Maintenance' of Equipment
Operator agrees, at all times, to maintain and keep in good
operating condition, at Operator's sole expense, all equipment
furnished by the County. The County has represented that all
restaurant equipment is in good operating order as of the date
hereof. Any new equipment installed by Operator shall be done
at Operator's sole cost and expense and shall be installed pursu-
ant to all applicable building codes and health rules and regula-
tions. All such additional equipment installed by Operator shall
- 7 -
be of high quality, safe, modern in design and shall harmonize
with the equipment furnished by the County to the extent that the
same may be possible. Operator shall supply the Manager of Parks
and Recreation with a list of all equipment installed by it in the
various facilities, which lists shall describe such equipment with
particularity. All property of every sort which may be installed
by Operator as a replacement for property initially furnished by
the County shall be and remain the property of the County, after
its installation. All other property and trade fixtures shall
remain the property of Operator with exception of those trade
fixtures which are installed in the premises in such fashion so
as not to be readily removable without substantially damaging
the premises.
3.4 Trash and Garbage
Operator shall provide at its sole expense, suitable pro-
cedures for the adequate sanitary handling and disposal of all
trash, garbage and other refuse caused as a result of the opera-
tion of its business. Whenever possible, both the Operator and
the County shall coordinate their trash and rubbish disposal
procedures so as to accomplish.these functions in mutual advan-
tageous way.
3.5 'Damagesto Premises
Operator shall be responsible for damage to the premises,
including the breakage of glass, caused by the negligent acts of
its agents, employees, patrons, or other persons under its di-
rection and control.
If the premises occupied by Operator are partially damaged
by fire, explosion, the elements, the public enemy, or other
casualty, but not rendered untenantable, the same shall be re-
paired with due diligence by the County at its own cost and
expense, If the damage shall be so extensive as to render such
premises untenantable, but capable of being repaired in thirty (30;
days, the same shall be repaired with due diligence by the County
- 8 -
at its own cost and expense and the amounts payable herein shall
be proportionately paid up to the time of such damage and there-
after cease until such time as the premises are fully restored.
In the event the premises are completely destroyed by fire, ex-
plosion, the elements, the public enemy or other casualty, or so
damaged that they will remain untenantable for more than thirty
(30) days, the County shall be under no obligation to repair and
reconstruct the premises, and amounts payable hereunder shall be
proportionately paid up to the time of such damage or destruction
and shall henceforth cease until such time as the premises may be
fully restored,
The County and Operator agree that each forfeits any right
of action that it may later acquire against the other of the
parties to the Agreement for loss or damage to its property or
to property in which it may have an interest, where such loss is
caused by fire or any of the extended coverage hazards and arises
out of or is connected with the use of the premises as provided
in this Agreement.
3.6 Fire and Extended Coverage Insurance
Operator shall procure and keep in force fire and extended
coverage insurance upon all improvements, business fixtures,
equipment, furniture and furnishings to the full insurable value
thereof and shall furnish the County with evidence that such
coverage has been procured and is being maintained in full force
and effect. Similar insurance coverage for the real property
shall be furnished by the County. Such insurance shall be pro-
vided by companies licensed to do business in the State of Michi-
gan.
3.7 Indemnity
Operator does hereby covenant and agree to indemnify and
save harmless the County from all fines, suits, claims, demands
and actions of any kind and nature by reason of any and all of its
negligence in conducting operations and does hereby agree to
- 9 -
assume all risks in the operation of its business hereunder and
shall be solely responsible and answerable in damages for any
and all accidents or injuries to persons or property caused by
the negligence of Operator, its employees and agents.
Operator shall maintain, with insurance and underwriters
satisfactory to and approved by the County, a standard form
policy or policies of insurance in such amounts as may from time
to time be approved by the County protecting both Operator and
the County against public liability, products liability, liquor
liability and property damage. Operator shall promptly, after
the execution of this Agreement, furnish such policy or policies
for Personal Injury growing out of any one occurrence in the sum
of $250,000.00 per person and $500,000.00 growing out of any one
casualty and Proper Damage of $250,000.00 per occurrence and
$250,000.00 aggregate. Operator shall furnish a certificate from,
the insurance carrier or carriers showing such insurance to be in
full force and effect during the term of this contract, or to
deposit copies of the policies which give this coverage, with the
County. If certificates are provided, a thirty (30),day notice
of cancellation shall be given..
3.8 Redelivery
Operator will make no unlawful or offensive use of said
premises and will at the expiration of the term hereof or upon
any earlier termination thereof., as hereinafter provided, quit
and deliver said premises to the County and those having their
estate in the premises, peaceably, quietly, and in as good order
and condition, reasonable use and wear thereof, fire and unavoid-
able cause excepted, as the same now are or may hereafter be
placed by Operator or the County.
PAYMENT TERMS
4.1 Costs Borne by Operator
Operator shall bear at its own expense all costs of operating
their business, including any and all taxes and assessments levied
- 10 -
or assessed upon Operator's personal property located about the
various premises. Operator shall pay for and obtain all permits
and licenses required by authority of law in connection with the
operation of its business.
4.2 Payments by Operator
Operator, in consideration of this Agreement, hereby cove-
ts and agrees to pay to the County the following sums, to -wit:
White Lake -Oaks
A. A minimum rental at the rate of $8,000.00 per annum paya-
ble in equal monthly installments in advance of the first
day of each calendar month of the term hereof without any
set off or deduction whatsoever, with the exception of
the year 1974, during which year the minimum rental shall
be prorated and adjusted based upon the number of months
this Agreement is in effect.
B. In addition to such minimum rental Operator shall pay to
the County percentage rentals based upon the following
table:
ThA.0 December, 37, 1474 -- 4% 06 gAoaa dated in exeeaa
06 $200,000.00;
January 1, 1975 thAough Deeembeh 31, 1975 -- 5% 06 9A04d
aa.tea .in exceaa o6 $160,000.00;
January 1, 1976 filtough DeeembeA 31, 1976 -- 6% 06 gnoaa
dated in exeeaa.o6 $134,000.00;
January 1, 1977 .thhough DeeembeA 31, 1977 -- 6; 06 groaa
sated .in exeeaa o6 034,000.00;
January 1, 1978 .through DecembeA 31, 1978 -- 6% 06 gnoaa
dated in exeeaa o6 $134,000.00.
Additi.ona.t 5-year. option dha.tt be at 6% 06 .to.tat gnoaa
dated .
C. In addition to the amounts provided for in Paragraph A
and B hereof Operator shall pay to County a sum of money
equal to 1% of its gross sales annually for utilities.
Addisbn-Oaks Conference Center
A. A minimum rental at the rate of $6,000.00 per annum
payable in equal monthly installments in advance on
the first day of each calendar month of the term hereof
without any set off or deduction whatsoever, with the
exception of the year 1974, during which year the minimum'
rental shall be prorated and adjusted based upon the
number of months this Agreement is in effect.
B. In addition to such minimum rental Operator shall pay
to the County percentage rentals based upon the following
table;
Thtough December. 37, 1974 -- 3% 06 ghosa sates in exee66 06
$200,000.00;
Ja.nuany 1, 1975 .thAough DecembeA 37, 7975 -- 4% 06 gr.os4
Bates .in exee66 a6 $150,000.00;
JanuaAy 1, 1976 .thaough DecembeA 31, 1976 -- 5% 06 grw66
aa.te6 in exee6h o6 $120, 0.00.00;
JanuaA.y 1, 1977 xhAough DeeembeA 31, 7977 -- 59 06 g1to4z
aa.te6 in exce66 06 $120,000.00;
Janaa Ay 1, 1978 -thorough DeeembeA 31, 7978 -- 5% 06 gAo66
4a.te6 .in exeeeb o6 $120,000.00;
Additi.onat 5-yeaA option shaU be at 5% 06 .toa.t groaa
6aZu.
C. In addition to the amounts provided for in paragraphs A
through B hereof, Operator shall pay to County a sum of
money equal to 2% of its gross sales annually for
utilities.
Springfield -Oaks Golf •Clubhou'se
A. During the entire term hereof rental shall be based upon
a percentage of Operator's gross sales annually in
accordance with the following schedule;
0 .tivmugh $50,000.00 -- $1.00;
$50,007.00 .thhough $100,000.00 -- $1.00 pfu6 2% 06 exee6b
oven. $50, 000.00;
$100,007.00 Vz ough $150,000.00 -- $7,001.00 ptu6 3% o6
exce66 oven $700,000.00;
$150,001.00 khA.ough $200,000.00 -- $2,501.00 ptu•6 41 06
exee6s oven $150,001,00;
$200,007.00 and up -- $4,501.00 ptu.b 50s 06 excea6 oven
$200,000.00;
Additc:ona.t 5-yeaA option shaft be at 5$ 06 totat gro66 6a u.
- 12 -
Springfield -Oaks Youth Activities Center
A. During the entire term hereof rental shall be based upon
a percentage of Operator's gross sales annually in
accordance with the following schedule:
Through December 31, 1974 -- 41 o6 gaoaa baked;
January 1, 1975 .through DecembeA 31, 1975 --
4% 06 9roa4 aa.tea;
January 1, 1976 .through December 31, 1976 --
4% 06 g4064 4ake4;
January 1, 1977 .through December. 31, 1977 --
5% 06 gr044 4aLe4;'
January 1, 1978 .tiviough DecembeA 31, 1978 --
5% 06 94044 4atu;
Additionak 5-year option 4ha U be at 5% o6 -total 94ob4 4aee4.
Addison -Oaks Concession Stand
A. During the entire term hereof rental shall be based upon
a percentage of Operator's gross sales annually in
accordance with the following schedule:
i
Through December 31, 1976 6% o6 gto44 aakeb;
January 1, 1977 .thr.ough December 31, 1978 -- 8%
06 groan bakes;
Ad"onat 5-year option 4hatt be at 8% o6 .taW grobb W a.
Waterford --Oaks Activitie"s'Center
A. During the entire term herof rental shall be based upon
a percentage of operator's gross sales annually in
accordance with the following schedule:
Through December 31, 1974 -- 41 o6 9r.oa4 4ake6
January 1, 1975 thAOugh December. 31, 1975 -- 4%
06 g4o-64 aakea;
January 1, 1976 .through December 31, 1976 -- 4%
o6 grobb 6ate4;
January 1, 1977 .through December. 31, 1978 5%
o6 groa4 4akea;
Additionak 5-year option 4hatC be at 5% o6 .to.tak gro44 baked.
Wat'e'rfor, d-Oaks WaVe Pool Conces ioh 'St'and
A. During the entire term hereof rental, shall be leased upon
a, percentage of Operator's gross sales annually �n
accordance with the following schedule;.
7976 - 1977 - 8% 06 gA0a4 4ake4
1978 - 1983 --- 10; o6 groan 6ake6
Groveland-Oaks Concession Stand
A. During the entire term hereof rental shall be based upon
a percentage of Operator's gross sales annually in
accordance with the following schedule:
Thhough Deeembeh 31, 1976 -- 6% o6 gao6d 4a.te4;
JanaoAy 1, 1977 thhough Deeembea 31, 1978 -- 9%
o6 9hfi44 4aCe4;
Addi tLona,t 5-yeah option 4haU be at 8% o6 #o.tat 94o44
4ate4 .
I.Glen Oaks Golf Clubhouse
A. During the entire term hereof rental shall be based upon
a percentage of the Operator's gross sales annually in
accordance with the following schedule:
1978 - 1983 -- 10% o6 ghobd 4a.1'eA
B. Operator shall pay to the County a sum of money equal to
one-half of the utilities (gas, light and water) that are
expended for the purpose of operating the building that
houses the banquet facility, pro shop and clubhouse, alon
with other common areas within the main building.
C. Operator agrees to provide the day-to-day cleaning and
maintenance of the interior of the building; locker room,
grill room, banquet area, bathrooms and other common
areas throughout the building.
D. County will bring the building up -to -code, as well as the
equipment as required by all local, county and state
enforcing agencies.
The term gross sales shall include the gross amount of all
sales of every kind and description made in, upon or resulting
from the conduct of the business of Operator upon the various
recreational facilities covered by this Agreement, but after
deduction therefrom refunds made in the normal course of business
and amounts paid for sales tax. Ne-t proceeds from vending
machines shall be included in gross sales. All percentage payme
provided hereunder shall be payable quarterly not later than the
- 14 -
Ithirtieth (30th) day following the end of the first three (3)
months of operation and the end of each three (3) month period
thereafter, and shall be based upon reports furnished by Operator
to the County with such payments. Operator shall furnish to the
County within sixty (60) days after the closing of each calendar
year a report certified to by an officer of Operator, showing
Operator's gross receipts during the preceding calendar year, the
amount of any accumulated prior deficiency in percentage payments,
and the net percentage payment, if any, owing hereunder for such
)eriod, provided that, if at the end of any quarter, it be deter-
nined that Operator has paid for said year to date, a greater sum
:han would have been payable under the provisions hereof for such
ss payment.
In the event the term hereof is extended through the exercise
the Operator of the option granted to it in paragraph 1.3
eof, payments shall be made during said extended period at the
e level as payments required during the calendar year 1978.
.3 Audit of Books and Records
The County shall have the right at any time within ninety
90) days thereafter to have the books and records of Operator
udited during reasonable hours. Any additional percentage pay-
,ent found due by such audit shall be paid to the County within
hirty (30) days and shall bear interest at the rate of seven (7%)
ercent per annum from the date such payment was due until paid.
ailure of the County to exercise its option to audit the books
Operator within said period shall be conclusive evidence as
etween the parties hereto that the reports of gross sales supplied
y Operator to the County during the preceding calendar year are
orrect.
4 ' Utilities
County will supply all utilities to the various facilities
ubject to this Agreement and will supply heat at an average tem-
erature of 720 during winter season and circulating fresh air when)
- 15 -
is not required. In the event any of the facilities subject
this Agreement are presently air-conditioned, then and in that
vent the County shall supply air-conditioning at its cost and
ense.
.5 Financial Operation Shmmari:es
Operator shall furnish summaries of Gross Sales to County
sentative on a monthly basis.
6 Right of Review
County shall have the right .of reasonable review of adver-
ising, hours of operation, and menus and prices with Operator.
ITIONAL TERMS OF AGREEMENT
1 Paragraph Headings_
The paragraph headings contained herein are for convenience
reference and are not intended to define or limit the scope of
provision of this Agreement.
2 Invalid Provisions
In the event that any provision herein contained is held to
invalid by any court of competent jurisdiction, the invalidity
such provision shall not affect the remainder of the Agreement.
.3 Assignment and Subletting
Operator shall not assign, transfer, sublease, pledge,
hypothecate, surrender or otherwise encumber. or dispose of any
interest arising under this Agreement or any estate created by this
Agreement, or any interest in any portion of the same, or permit
any other person or persons, company or corporation to occupy
these premises, without the written consent of the County being
first obtained, which consent shall not unreasonably be witheld.
All the covenants, stipulations and agreements in this
eement shall extend to and bind the legal representatives,
cessors and assigns of the respective parties hereto.
- 16 -
4 Default
It is agreed that if Operator shall neglect or fail to pay
ny amounts promptly as specified in this Agreement and if there
s a failure to pay same for a period in excess of thirty (30)
ays, then this agreement shall be subject to cancellation and
ecome void and the rights of .Operator terminated hereunder at
he option of the County.
It is further agreed that should Operator be adjudicated a
ankrupt or insolvent according to law, the Agreement shall become
oid.
5 Non -Waiver
Any waiver of any breach of covenants herein contained to be
ept and performed by Operator shall not be deemed or considered
s a continuing waiver and shall not operate to bar or prevent
he County from declaring a forfeiture for any succeeding breach
ither of the same condition or covenant or otherwise.
.6 Not'ices
Notices to the County provided for in this Agreement shall be
ufficient if in writing and mailed, postage prepaid, addressed to
he Manager of Parks and Recreation, 2800 Watkins Lake Road,
ontiac, Michigan 48054, or to such other address as may have been
esignated in writing from time to time and notices to Operator
hall be deemed sufficient if in writing and mailed, postage
repaid, addressed to the E. A. Fuller Oaks Corporation, 1480 W.
Road, Oxford, Michigan 48051.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
ds and seals.
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, by
its Statutory Agent, the Oakland
County Parks and Recreation
Commission
BY,
ewis E. Wint
Its' Chairman
BY j� iik4Ct L jG
e ma M. Austin
It's Secretary ' . '
E. A FULLER OAKS CORPORATION,
A Michigan Corporation
r'
�',77�rnu BY
dward Fu er
Its President' '''& Secretary
Bx G e e as
Its " Vice-Pres'ideht & Treasurer
PROVED BY RESOLUTION OF June'20, 1979
N And Amendments of: December 1, 1978
March 10, 1978
July 23, 1976
April 25, 1974
April 25, 1974
- 18 -
EXHIBIT (SCHEDULE) "A"
DESCRIPTION OF PROPERTY
WHITE LAKE -OAKS GOLF CLUBHOUSE
Consists of diningroom, bar and dining area, and
restroom facilities within the Clubhouse located
at 991 Williams Lake Road, White Lake Township.
ADDISON-OAKS CONFERENCE CENTER & CONCESSION STAND
Consists of the entire structure located at
1480 West Romeo Road., Addison Township, along
with a concession stand located on the beach.
SPRINGFIELD- OAKS GOLF CLUBHOUSE
Consists of restaurant and restroom facilities
located on upper level at 12450 Andersonville
Road, Springfield Tot,Tnship.
SPRINGFIELD-OAKS YOUTH ACTIVITIES CENTER
Consists of a structure located at 12451
Andersonville Road, Springfield Township.
INDEPENDENCE -OAKS CONCESSION STANDS
Consists of that portion of bathing beach and boat
shelter that exists for the purpose of dispensing
and consuming of food and beverage.
WATERFORD-OAKS ACTIVITIES CENTER
Consists of one large building Located at 2800
Watkins Lake Road, Waterford Township.
"A", Page 1
WATERFORD-OAKS WAVE POOL CONCESSION STAND
Consists of that portion of bathhouse that exists
for the purpose of dispensing and consuming of
food and beverage.
GROVELAND-OAKS CONCESSION STAND
Consists of a wooden structure located on the beach
and situated in Groveland Township.
GLEN OAKS GOLF CLUBHOUSE
Consists of complete interior of Clubhouse including
such areas as banquet rooms, bar area, grill room,
kitchen, storage areas, patio, and other common areas.
HOURS OF OPERATION
I. All services and facilities shall remain open for
business at least during, those hours comparable facilities operate
at comparable locations. Breakfast service shall be maintained atl
those facilities operating golf courses during those months in
which the golf facility is in operation.
II. SPRINGFIELD-OAKS CLUBHOUSE
The parties'recognize and acknowledge that the following
rules shall apply for the Springfield -Oaks Golf Course
Clubhouse:
A. Alcoholicbeverages will only be sold during the
golf season and.at privately scheduled functions.
B. Alcoholic beverages will be sold during the golf
season only between the hours of 12:00 p.m. to
10:00 p.m. and the Clubhouse will close no later
than 11:00 p.m. except for privately scheduled
functions.
"A", Page 2
C, No signs will be posted or advertising, done which
will indicate that liquor is available at the
Clubhouse,
D. No alcoholic beverages will be allowed anywhere
except the upper level of the Clubhouse.
E. The S.D.M. and the dance permit portions of this
Resort License will be cancelled. This portion of
the license will not be issued and therefore no
carry -out sales or dancing will be allowed.
F. In the event the Agreement between the Operator
and the County is cancelled or not renewed, license
shall revert to the County for use only by con-
cessionaires, controlled and approved by the County
and Liquor Control Commission.
G. All alcoholic beverages will be dispensed from a
service bar located in the kitchen or some other
private room.. No sit-down bar will be installed.
"A", Page 3
SIXTH AMENDMENT TO CONCESSION AGREE;fENT
THIS SIXTH AMENDMENT is attached to and made a part of a
certain Concession Agreement dated April 25, 1974, and revised on
the 20th day of June, 1979, by and between the COUNTY OF OAKLAND,
a Dtichigan Constitutional Corporation, and E. A. FULLER OAK MANAGE-
MENT CORPORATION, a Michigan Corporation.
WITNESSETH:
A. Paragraph 1.3 of the Concession Agreement is amended
to include the following paragraph:
"Providing Operator shall not be in default under
the terms and conditions of this Agreement, it shall
have the right at its option to extend the term of
this Agreement for an additional fifteen (15) year
period, to commence on January 1, 1989 and to expire
December 31, 2003. The percentages Hof the contract
years under said extension are to be renegotiated
for each of the five-year periods of 1989-1993,
1994-1998, and 1999-2003. The negotiations shall be
completed within the first ninety (90) days of the new
five-year period or the Agreement becomes null and void."
S. Paragraph 4.2 of the Concession Agreement is hereby
modified to substitute the following therefor in its entirety:
4.2 Payments by Operator
Operator, in consideration of this Agreement, hereby
covenants and agrees to pay to the County the following
sums, to -wit:
White Lake -Oaks
A minimum rental of $8,000.00 per annum or eight (8%)
percent of total gross sales, whichever is greater, payable
in equal installments in advance'of the first day of each
calendar month without setoff or deduction.
Addison Oaks Conference Center
A minimum rental of $6,000.00 per annum or eight (8%)
percent of total gross sales, whichever is greater, payable
in equal monthly installments in advance of -the first day
of each calendar month without setoff or deduction. Total
annual payments, however, shall not be less than one hundred
(100%) percent of the utilities.,
Springfield Oaks Golf Clubhouse
Operator shall pay as rental eight (8%) percent of the
total annual gross sales.
Springfield Oaks Youth Activities Center
Operator shall pay as rental five (5%) percent of the
total annual gross sales.
Addison Oaks Concession Stand
Operator shall pay as rental eleven (11%) percent of
the total annual gross sales.
Waterford Oaks Activities Center
Operator shall pay as rental five (5%) percent of
the total annual gross sales.
Waterford Oaks Wave Pool Concession Stand
Operator shall pay as rental eleven (11%) percent of
the total annual gross sales.
Groveland Oaks Concession Stand
Operator shall pay as rental ten (10%) percent of
the total annual gross sales.
Independence Oaks Concession Stand
Operator shall pay as rental ten (107) percent of
the total 'annual gross sales.
Glen Oaks Golf Clubhouse
A. During the entire term hereof rental shall be
based upon a percentage of the Operator's gross
sales annually in accordance with the following
schedule:
1978-1983 - ten (10%) of gross sales
-2-
B. Operator shall pay to the County a sum of money
equal to one-half of the utilities (gas, light
and water) that are expended for the purpose of
operating the building that houses the banquet
facility, pro shop and clubhouse, along with
other common areas within the main building.
C. Operator agrees to provide the day-to-day cleaning
and maintenance of the interior of the building,
locker room, grill room, banquet area, bathrooms
and other common areas throughout the building.
The term gross sales shall include the gross amount of
all sales of every kind and description made in, upon or resulting from
the conduct of the business of Operator upon the various recreational
facilities covered by this Agreement, but after deduction therefrom
refunds made in the normal course of business and amounts paid for
sales tax. Net proceeds from vending machines shall be included in
gross sales. All percentage payments provided hereunder shall be
payable quarterly, not later than the thirtieth (30th) day following
the end of the first three (3) months of operation and the end of each
three (3) month period thereafter, and shall be based upon reports
furnished by Operator to the County with such payments. Operator shall
furnish to the County within sixty (60) days aftertheclosing of each
calendar year a report certified to by an officer of Operator, showing
Operator's gross receipts during the.preceding calendar year, the amount
of any accumulated prior deficiency in percentage payments, and the net
percentage payment, if any, owing hereunder for.such period, provided
that, if at the end of any quarter it be determined that Operator has,
paid for said year to date a greater sum than would have been payable
under the provisions hereof for such excess payment.
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment to the Agreement on the 4 day of �, 1984.
-3-
WITNESSES:
Charles L. Ross
Betty J. lffudllt
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, by
its Statutory Agent, the Oakland
County Parks and Recreation
Commission
By:
LL7dIS E„WINT, Rhai i
R. ERIC RRICKEL, M— a g r
E. A. F LLER OAK MANAGMENT
CORPO fiION
By:
EDWARD A. FULLER,
President and Seer r
ay: c
' RGE KA ,
Vice President and Treasurer
AMENDMENT APPROVED BY RESOLUTION OF March 26, 1984.
APP^r1VED A.S TO FCJ^'6
By:--'G/''�-- a=—T
-4-
SEVENTH AMENDMENT TO
CONCESSION AGREEMENT
WHEREAS, the County of Oakland, a Michigan Constitutional
Corporation (County), and E.A. Fuller Oak Management
Corporation, a Michigan Corporation, (Operator), are parties to
a certain Concession Agreement dated April 25, 1979, as amended;
and
WHEREAS, the County and Operator have determined that
changed conditions necessitate modification of portions of said
Concession Agreement; now
THEREFORE in consideration of the covenants and agreements
herein contained, Section 3.7 of -said Lease and Concession
Agreement is hereby amended to read
3.7 INDEMNITY:
The Operator does hereby covenant and agree to indemnify and
save harmless the County from all fines, suits, claims, demands
and actions of any kind and nature by reason of any and all of
its negligence in conducting operations and does hereby agree to
assume all risks in the operation of its business hereunder and
shall be solely responsible and answerable in damages for any
and all accidents or injuries to persons or property caused by
the negligence of Operator, its employees and agents.
Operator shall maintain with insurance underwriters,
satisfctory to and approved by the County, a standard.form
policy or policies of insurance in such amounts as may from time
to time be approved by the County protecting both the Operator
and the County against public liability, products liability,
liquor liability and property damage. Operator shall promptly
after the execution of this Agreement furnish such policy or
policies naming the County as an additional insured for Personal
Injury growing out of any one occurrence in the sums of not less
than $250,000.00 per person and $500,000.00 growing out of any
one casualty, and Property Damage of $250,000.00 per occurrence
and $250,000.00 aggregate, and Fifty Thousand Dollars
($50,000.00) liquor liability coverage. Operator shall furnish
a certificate from the insurance carrier or carriers showing
this Agreement, or deposit copies of the policies which give
this coverage with the County. If certificates are provided, a
thirty (30) day notice of cancellation shall be given.
If the Operator certifies to the satisfaction of the County
that liquor liability insurance is not reasonably available in
this State or is not available at a reasonable premium, the
Commission may waive the above requirements regarding liquor
liability insurance and may accept in lieu thereof a non
interest —bearing deposit with the Oakland County Treasurer of
security satisfactory to the County in like amount, which
security may be in the form of cash, unencumbered securities, a
Z
constant value bond executed by a surety company authorized to
do business in this State, or a bank letter of credit in favor
of the County for a minimum of one year's duration.
Upon any transfer of Operator's interest in this Concession
Agreement to any third party(ies), this amendment shall, at the
option of the County, become null and void, and the previous
provisions of section 3.7 shall control.
Operator agrees to carry workers' compensation coverage as
required by statute with employer's liability of not less than
one Hundred Thousand Dollars ($100,000.00).
IN WITNESS WHEREOF, the parties have executed this
amendment to the agreement as
WITNESSES:
of March 2, 1987.
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, by
its Statutory Agent, the
Oakland County Parks and
Recreation Commission
BY: ,' '✓J Gl/
Lewis E. Wint, Chairman
:BY:
/Ikp-'ip.h Ri hard, , Manager
E. A. F LLER OAK MANAGEMENT
CORPOR ION, a Michigan
Corpo ation
BY:
Edw d A. Fuller
P s'd t and ec ry
BY:
rgeAekeiS, '
e President and Treasurer
Addison Oaks Conference Center
Addison Oaks Concession
Groveland Oaks
Independence Oaks
Glen Oaks
r..
ti
Springfield Clubhouse
-)rU-j1JJ1Ur1
CONCESSION CONTRACT
PROPOSED RENTAL RATES 1989-. _3
Current
Rates*
81 or 100%
of utilities,
whichever is greater
11%
10%
10Z
10% plus 502
of utilites
8Z
White Lake 8Z
Springfield YAC 5%
Waterford Oaks Act. Ctr. 51
Red Oaks Waterpark 11%
Waterford Oaks Waterpark III
*Rates listed are percentage of Concessionaire's gross sales.
SCHEDULE A
Proposed
Rates 1989-1993*
8% plus 25Z
of utilities
12%
12X
12Z
12% plus 50%
of utilities
1O% or 100%
of utilities,
whichever Is greater
1O% plus 252
Of utilities
lox
lox
111 Pius 100%
of utilities
11% lus 5O%
R of 0 utilities
n �
ion Cu�rm�ssio s��c,�.
oDotY parks and Ne MPNAGEME�a� DPERpitDNS '
pakland C FpR OAK`' GAZED ccu�'' PyeYa e
tE5
tN Dt Iotat
eptLptNO UjtCt�OR iNE SEARS -''`� $34.989
1� �119 ,g69
l 536 ,40D
�39,6g4 % g1,284
Cock �g3,375
�10,272 PARK.
G6 GENSER �15,447 r SEE RED pPKs WATER
ADDtgON pPKS GONFEREN
�15,565 FpR GONGESStON 8`DG
� 5 •p02
iFiGF tE
t0 DAKS GGUB\\DUSE NO SEPARATE 11E3ER 5,p02
SpR � 5 ,D02 �25 ,pg0
1ERFORD OAYS tiA�E PODS 0- -D- 75,242
.151
ti
S24 ,g6
,.,e'CER PARK ,.tea
OAKLAND COUNTY
PARKS AND RFCREA110N COMISSION
ANALYSIS
OF CONCESSION RENT
1 SALES
----------------------------------------------
FOR 111E YEARS INDICATED
RENT RECEIVED FROM CONCESSIONAIRE
1987
_______________________________________________________________________
CONCESSION
ESIIMAIID
1989
PARK
______________________________
1980
________
1981
________
1992
________
1993
________ ________
1984•
198S
________________
1986
________
1987
SALES
----------
RENTAL INCOME••
-_-__________-___
ADDISON OAKS CONFERENCE CENTER $36.105
139,995
142,Z89
142,892
153,541
158,360
$66.132
159.469
$743,367
159,469
UIILII ITS
10
10
10
10
III
IQ
10
1D
0
10,000
169,469
ADDISON OAKS co8cE5S1oN
1,266
1,495
1,394
1,277
1,671
1,674
1,651
1,676
1.4,7BO
1,774
GROYELAND OAKS
4.334
5.517
4,907
5,302
6.431
6.657
6.797
6.329
63.291
7,595
INDEPENDENCE DAKS
1.5B5
1.742
1,491
1,850
Z.DBt
2.293
7,447
2.795
27.951
3.354
GLEN OAKS
0
39.564
S0,248
56,710
54,94).
60,3S7
62.203
72.742
727.417
$7.290
UIILIIIFS
10.600
14.284
16.408
19,097
22.431
23.195
22,903
21.112
0
21.812
109.102
SPRINGFIELD OAKS CLUBIIOUSE
2,648
3,S27
3,715
3.943
6.670
0,381
6,096
8,462
105.771
0
UIILIIIFS
0
0
0
0
0
0
0
0
0
13.761
Inlllf IAr.E OAKS
17.432
15.953
11.975
13,245
14,544
21,025
21,915
21.902
273,773
27,377
i+ UIILIIItS
0
0
0
0
0
0
0
0
0
6,210
33.647
SPRINGFIELD OAKS YAC
1,742
1,765
1,154
1.428
1.731
11595
1.354
1.713
34.261
3,426
HAIIRIORD OAKS ACTIVITY CIR.
2030
2.348
1.998
1.739
I.529
2.465
2.189
2.125
42.506
4,751
RFD OArS MI R PARK
0
0
0
0'
0
0
.0
11.961
108.740
11.951
UTILITIES
0
0
0
0
0
0
0
0
0
5.002
16,963
NAICRFOPO OAKS UAYE POOL
5.732
6.524
6.708
7.906
8.831
7,363
1.299
7.452
67,741
7.452
UTILITIES
0
0
0
0
0
0
0
0
0
2.501
9.953
TOTAL
________
$85.077
................................................
________
113Z.715
________
1142,257
________ ________
1155.449 1174,625
________
1193.355
________ ________
1203.956 1210.308
................
------
-9.9% 12,209,6DO
..........
-------- --------
1273,295
........
•RAI[ CHANGE IN 1964
-HtV RUES S1AR11HG Ili 1989
(SEE SCHEDULE Al
N011'. KL RENT RECEIVED OR
10 BE RECEIVED DOES NOT INCLUDE ANY PRIOR OR FUTURE IMPROVIMINIS MADE BY 114E
CONCESSIONAIRE.
SCUEDULE C
FINAL
9.31
12.0%
12.0%
12.01
15.01
13.01
12.31
10.01
10.01
15.61
14.71
12.41 -25.3% INCREASE
EIGHTH AMENDMENT TO CONCESSION AGREEMENT
THIS EIGHTH AMENDMENT is attached to and made a part of a certain Concession
Agreement dated April 25, 1974, and revised on the 6th day of July 1994, by and between the
COUNTY OF OAKLAND, a Michigan Constitutional Corporation, and E. A. FULLER OAK
MANAGEMENT CORPORATION, (hereafter "Operator") a Michigan Corporation.
The parties agree that the original CONCESSION AGREEMENT entered into between
the parties on April 25, 1974; all seven (7) subsequent amendments thereto, shall continue and
remain in full force and effect except as modified herein and shall constitute the entire agreement
between the parties. E. A. FULLER OAK MANAGEMENT CORPORATION agrees that it shall
assume all of the responsibilities and burdens of the "OPERATOR" and/or "Laffrey, Werthman
and Fuller Restaurants Inc.", its predecessor corporation, contained in, the original.CUNCESSION
AGREEMENT and all prior amendments.
WITNESSETH:
A. Paragraph 1.3 of the concession Agreement is amended to include the following
paragraph:
"Providing Operator shall not be in default under the terms and conditions of this
Agreement, it shall have the right at its option to extend the term of this Agreement for
an additional five (5) year period, to commence on January 1, 2004 and to expire
December 31, 2008. The percentages of the contract years under said extension are to
be renegotiated for the five-year period of 2004-2008. The negotiations shall be
completed within the first ninety (90) days of the new five-year period or the �greement
becomes null and void."
B. Paragraph 4.2 of the Concession'Agreement is hereby modified to substitute the
following therefor in its entirety:
4.2 Payments by O ep rator
Operator, in consideration of this Agreement, hereby covenants and agrees to pay
to the County the following sums, to -wit:
White lake Oaks
Operator shall pay rental of ten percent (10%) of total annual gross sales and
twenty-five percent (25%) of utility costs.
Addison Oaks Conference Center
Operator shall pay rental of eight percent (8%) of total annual gross sales and
twenty-five percent (25%) of utility costs.
,Springfield 0 ks Golf Chibhouse
Operator shall pay as rental ten percent (10%) of the total annual. gross.sales or
one hundred percent (100%) of utility costs, whichever is greater.
Springfield Oaks Activities Center
Operator shall pay as rental ten percent (101/o) of the total annual gross sales.
Addison Oaks Concession Stand
Operator shall pay as rental twelve percent (12%) of the total annual gross sales.
Waterford Oaks Activity Center
Operator shall pay as rental ten percent (10%) of the total annual gross sales.
Red Oaks Wave Pool Comession Stand
Operator shall pay as rental eleven percent (11%) of the total annual gross sales
and one hundred percent (100%) of utility costs.
Waterford Oaks Wave Poo( Concession Stand 1
Operator shall pay as rental eleven percent (11%) of the total annual gross sales
and fifty percent (50%) of the utility costs at the Red Oaks Waterpark.
and Oaks Concession
Operator shall pay as rental twelve percent (12%) of the total annual gross sales
tdence Oaks Concession ;hand
Operator shall pay as rental twelve percent (12%) of the total annual gross sales
Operator shall pay as rental twelve percent (12%) of the total annual gross sales
and fifty percent (50%) of the utility costs. If the banquet facility is expanded, the
operator shall pay, upon completion of expansion, thirteen and one-half percent (13.5%)
of the total annual gross sales on the banquet facility, twelve percent (I2%) of the total
annual gross sales on the grill room facility and fifty percent (501/6) of the utility costs.
If the expansion of the banquet facility does not occur, the percentage rate will remain
at 12 percent.
The term gross sales shall include the gross amount of all sales of..evgry kind and
description made in, upon or resulting from the conduct of the business of Operator upon the
various recreational facilities covered by this Agreement, but after deduction therefrom refunds
made in the normal course of business and amounts paid for sales tax. Net proceeds from
vending machines shall be included in gross sales. All percentage payments provided hereunder
shall be payable quarterly, not later than the thirtieth (30th) day following the end of the first
three (3) months of operation and the end of each three (3) month period thereafter, and shall be
based upon reports furnished by Operator to the County with such payments. Operator shall
furnish to the County within sixty (60) days after the closing of each calendar year a report
certified to by an officer of Operator, showing Operatoes gross receipts during the preceding
calendar year, the amount of any accumulated prior deficiency in percentage payments, and the
net percentage payment, if any, owing hereunder for such period, provided that, if at the end of
any quarter it be determined that Operator has paid for said year to date a greater sum than
would have been payable under the provisions hereof for such excess payment,
IN WITNESS WHEREOF, EDWARD A. FULLER, President and Secretary of E. A.
FULLER OAK MANAGEMENT, INC., hereby acknowledges that he has authority to execute
this CONTRACT on behalf of E. A. FULLER OAK MANAGEMENT, INC.; a Michigan
Corporation, and hereby accepts and binds E. A. FULLER OAK MANAGEMENT, INC., to
terms and conditions of this EIGHTH AMENDMENT TO CONCESSION AGREEMENT on this
6th day of July, 1994.
E. A. FULLER OAK MANAGEMENT, INC.
a Michigan Corporation
2 � 4, i &A -)
EDWARD A. FULLER
President and Secretary,
oov,6E IkCAs
tce President and Treasurer
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, by its Statutory
Agent, the Oakland . County Parks and
Recreation Commission
1
PECKD. LEWIS
Chairman
RALPH RICHARD
Manager
NINTR AMENDMENT TO CONCESSION AGREEMENT
THIS NINTH AMENDMENT is attached to and made a part of a certain Concession Agreement
dated April 25, 1974, and revised on the fourth day of April, 1999, by and between the COUNTY OF
OAKLAND (hereafter "County"), a Michigan Constitutional Corporation, and E. A. FULLER OAK
MANAGEMENT CORPORATION (hereafter "Operator"), a Michigan Corporation.
Tlie parties agree that the original CONCESSION AGREEMENT entered into between the
parties on April 25, 1974, and all eight (8) subsequent amendments thereto, shall continue and remain in
fWI force and effect except as modified herein and shall constitute the entire agreement between the
parties, E. A. FULLER OAK MANAGEMENT CORPORATION agrees that it shall assume all of -the
responsibilities and burdens of the "OPERATOR" and/or "Laffrey, Werthman and Fuller Restaurants
Inc.", its predecessor corporation, contained in the original CONCESSION AGREEMENT and all prior
amendments.
WITNESSETH:
A. Paragraph 4,2 of the Concession Agreement is hereby modified to substitute the
following therefore in its entirety:
4.2 Payments by Operator
Operator, in consideration of this Agreement, hereby covenants and agrees to pay to the County
the following sums, to -wit:
White Lake Oaks
Operator shall pay rental of ton percent (10%) of total annual gross sales and twenty-five percent
(25%) of utility costs.
Addison Oaks Conference Center
Operator shall pay rental of eight percent (81/6) of total annual gross sales and twenty-five
1
percent (25%) of utility costs.
Springfield Oaks Golf Clubhouse
Operator shall pay as rental ten percent (10%) of the total annual gross sales or one hundred
percent (I00%) of utility costs, whichever is greater.
Springfield Oaks Activities Center
Operator shall pay as rental ten percent (10'16) of the total annual gross sales.
Addison Oaks Concession Stand
Operator shall pay as rental twelve percent (12%) of the total annual gross sales.
Waterford Oaks kctivity Center
Operator shall pay as rental ten percent (10%) of the total annual gross sales.
Red Oaks Wave Pool Concession Stand
Operstorshall pay as rental eleven percent (11%) ofthe total annual gross sales and one hundred
percent (100%) of utility costs.
Waterford Oaks Wave Pool Concession Stand
Operator shall pay as rental eleven percent (I 1 %) of the total annual gross sales and one hundred
percent (100%) of the utility costs.
Groveland Oaks Concession Stand
Operator shall pay as rental twelve percent (12%) of the total annual gross sales.
Indeoendence Oaks Concession Stand
Operator shall pay as rental twelve percent (12%) of the total annual gross sales.
Glen Oaks Golf Cluhhousg
Operator shall pay as rental thirteen and one-half percent (13.5%) of the total annual gross sales
on the banquet facility, twelve percent (12%) of the total annual gross sales on the grill room facility and
fifty percent (50%) of the utility costs.
2
The term gross sales shall include the gross amount of all sales of every kind and description
made in, upon or resulting from the conduct of the business of Operator upon the various recreational
facilities covered by this Agreement, but after deduction therefrom refunds made in the normal course of
business and amounts paid for sales tax. Net proceeds from vending machines shall be included in gross
sales. All percentage payments provided hereunder shall be payable quarterly, not later than the thirtieth
(30th) day following the end of the first three (3) months of operation and the end of each three (3)
month period thereafter, and shall be based upon reports furnished by Operator to the County with such
payments. Operator shall furnish to the County within sixty (60) days after the closing of each calendar
year a report certified to by an officer of Operator, showing Operator's gross receipts during the
preceding calendar year, the amount of any accumulated prior deficiency in percentage payments, and
tine net percentage payment, if any, owing hereunder for such period, provided that, if at the end of any
quarter it be determined that Operator has paid for said year to date a greater sum than would have been
payable under the provisions hereof for such excess payment.
IN WITNESS WHEREOF, ED WARD A. FULLER, President and Secretary of E. A. FULLER
OAK MANAGEMENT, CORPORATION, hereby acknowledges that he has authority to execute this
CONTRACT on behalf of E. A. FULLER OAK MANAGEMENT, CORPORATION, a Michigan
Corporation, and hereby accepts and binds E. A. FULLER OAK MANAGEMENT, CORPORATION, to
terms and conditions of this NINTH AMENDMENT TO CONCESSION AGREEMENT on this fourth
day of April, 1999.
3
WITNESSES:
Zrl� Ill. .
—aye er e
E. A. R OAK MAN
a chi an Corporation
E �RD A. FU ER
Presrtle4t and Secretarv'�
CORP.
Vice President
COUNTY OF OAKLAND, a Michigan Constitutional
Corporation, by its Statutory Agent, the Oakland
County Parks and Recreation Commission
4ECKYALEMJR.
Chairman
I /
RALPH RICHARD
Executive Officer
4
TENTH AMENDMENT TO CONCESSION AGREEMENT
THIS TENTH AMENDMENT is attached to and made a part of a certain Concession Agreement
dated April 25, 1974, and revised on the fourth day of April, 1999, by and between the COUNTY OF
OAKLAND (hereafter "County"), a Michigan Constitutional Corporation, and E. A. FULLER OAK
MANAGEMENT CORPORATION (hereafter "Operator'), a Michigan Corporation,
The parties agree that the original CONCESSION AGREEMENT entered into between the
parties on April 25, 1974, and all nine (9) subsequent amendments thereto, shall continue and remain in
full force and effect except as modified herein and shall constitute the entire agreement between the
parties. E. A. FULLER OAK MANAGEMENT CORPORATION agrees that it shall assume all of the
responsibilities and burdens of the "OPERATOR" and/or "Laffrey, Werthman and Fuller Restaurants
Inc.", its predecessor Corporation, contained in the original CONCESSION AGREEMENT and al l prior'
amendments.
WITNESSETH:
A. Paragraph 13 of the Concession Agreement is amended to include the following
paragraph:
"Providing Operator shall not be in default under the terms and conditions of this
Agreement, it shall have the right at its option to extend the term of this Agreement for
an additional seven (7) year period, to commence on January 1, 2009 and to expire
December 31, 2015: The percentages of the contract years under said extension are to be
renegotiated for the seven-year period of 2009-2015. The negotiations shall be
completed within the first ninety (90) days of die new seven-year period or the
Agreement becomes hull and void."
1
B. Paragraph 4.2 of the Concession Agreement is hereby modified to substitute the'
following therefore in its entirety:
4.2 Payments by Operator
Operator, in consideration of this Agreement, hereby covenants and agrees to pay to the County
the following sums, to -wit:
White Lake Oaks
Operator shall pay rental of ten percent (l0%) of total annual gross sales and twenty-five percent
(25%) of utility costs.
Addison Oaks Conference Center
Operator shall pay rental of eight percent (8%) of total annual gross sales and twenty-five
percent (25%) of utility costs.
Springfield Oaks Golf Clubhouse
Operator shall pay as rental ten percent (10%) of the total annual gross sales or one hundred
i+>
percent (100%) of utility costs, whichever is greater.
Springfield Oaks Activities Center
Operator shall pay as rental ten percent (10%) of the total annual gross sales.
Addison Oaks Concession Stand
Operator shall pay as rental twelve percent (12%) of the total annual gross sales.
Waterford Oaks Actives Center
Operator shall pay as rental ten percent (10%) of the total annual gross sales.
Red Oaks Wave Pool Concession Stand
Operator shall pay as rental eleven percent (I I %) of the total annual gross sales and one (hundred
percent (100%) of utility costs.
2
Waterford Oaks Wave Pool Concession Stand
Operator shall pay as rental eleven percent (11%) of the total annual gross sales and one hundred
percent (100%) of the utility costs.
Groveland Oaks Concession Stand
Operator shall pay as rental twelve percent (12%) of the total annual gross sales.
Independence Oaks Concession Stand
Operator shall pay as rental twelve percent (12%) of the total annual gross sales.
Glen Oaks Golf Clubhouse
Operator shall pay as rental thirteen and one-half percent (13.5%) of the total annual gross sales
on the banquet facility, twelve percent (12%) of the total annual gross sales on the grill room facility and
fifty percent (50%) of the utility costs.
Lyon Oaks Golf Clubhouse
After completion of the clubhouse banquet facility, Operator shall pay as rental three percent
(3°/u) of the total annual gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total
annual gross sales -over $500,000 on the banquet facility and grill room and twenty-five percent (250%) of
the utility costs through December 31, 2000; three percent (3%) of the total annual gross sales up to
$500,000 and thirteen and one-half percent (13.551c) of Iota! annual gross sales over $500,000 on the
banquet facility and grill room and twenty-five percent (25%) of the utility costs through December 31.
2001; nine percent (9%) of the total annual gross sales up to $500,000 and thirteen and one-half percent
(13.5%) of total annual gross sales over $500,000 on the banquet facility and grill room and twenty-five
percent (25%) of the utility costs through December 31, 2002; twelve percent (12%) of the total annual
gross sales up to $500,000 and thirteen and one-half percent (13.5%) of total annual gross sales over
$500,000 on the banquet facility and grill room and hventy-five percent (25%) of the utility costs
through December 31, 2003.
3
The term gross sales shall include the gross amount of all sales of every kind and description
made in, upon or resulting from the conduct of the business of Operator upon the various recreational
facilities covered by this Agreement, but after deduction therefrom refunds made in the normal course of
business and amounts paid for sales tax. Net proceeds from vending machines shall be included in gross
sales. All percentage payments provided hereunder shall be payable quarterly, not later than the thirtieth
(30th) day following the end of the first three (3) months of operation and the end of each three (3)
month period thereafter, and shall be based upon reports furnished by Operator to the County with such
payments. Operator shall furnish to the County within sixty (60) days after the closing of each calendar
year a report certified to by an officer of Operator, showing Operator's gross receipts during the
preceding calendar year, the amount of any accumulated prior deficiency in percentage payments, and
the net percentage payment, if any, owing hereunder for such period, provided that, if at the end of any
quarter it be determined that Operator has paid for said year to date a greater sum than would have been
payable under the provisions hereof for such excess payment.
IN WITNESS WHEREOF, EDWARD A. FULLER, President and Secretary of E. A. FULLER
OAK MANAGEMENT, CORPORATION, hereby acknowledges that he has. authority to execute this
CONTRACT on behalf of E. A. FULLER OAK MANAGEMENT, CORPORATION, a Michigan
Corporation, and hereby accepts and binds E. A. FULLER OAK MANAGEMENT, CORPORATION, to
terms and conditions of this NINTH AMENDMENT TO CONCESSION AGREEMENT on this fourth
day of April, 1999.
4
WITNESSES:
n
E. A. FUJ.�ER OAK MANAGEMENT, CORP.
aMic)Agyf Corporation 1.-2 l-,
) A.
and
Vice President
COUNTY OF OAKL.AND, a Michigan Constitutional
Corporation, by its Statutory Agent, the Oakland
County Parks an Recreation Commission
L d—i -
PEERYD. LEWIS, JR.
< Chairman
RALPH RICHARD
Executive Officer
M
;ioe."
r
whet -Ford Oaks Wave Pool Concession Stand
Operator shall pay as rental eleven percent (1 I%) of the total annual gross salts and one hundred
percent (I00%) of the utility cots.
Groveland Oaks Concession Stand
Operator shall pay as rental twelve percent (12%) of the total annual gross sales:
lndeoendence Oaks Concession Stand
Operator shall pay zs rental twelve percent (12%) of the total annual gross. sales.
Glen Oaks Golf Clubhouse
Operator shall pay'as rental thirteen and one-half percent (13.5%) of the total annual gross sales -
on the banquet facility, twelve percent (12%) of the total annual gross sales on the grill room facility and
fifty percent (50%) of the utifity costs.
)_von Oaks Golf Clubhouse
After completion' of the clubhouse banquet facility, Operator shall pay as rental three percent
'S, .(3%) of the total annual gross sales up to 1500,000 and thirteen and one-half percent (I3.5%°) of total
annual gross sales over S500,000 on the banquet facility and grill room and twenty. e percent (25%) of
. . aoaa.f •`fin, a- ��
the utility costs through December3l, 244Gthree percent.(3%) of the total annual gross sales up to ��•l.. .
$500,000 and thirteen 'and one-half percent (13.5%) of total annual gross sales over S500,000 on the
banquet facility and grill room and nventy-five percent (25%°) of the utility costs through December 31.
3 0o3
—n0'-Y, nine percent (9%) of the total annual gross sale$:up to S500',000 and thirteen and one-half percent
13.5% of total annual gross sales over S500.000 oii the banquet facility` and grill room and twenty-five 0•
percent (25%) of the utility costs through December 3 1,8�, twelve percent (12%) of the total annual
Gross sales up to 53.00,000 and thirteen and one-half percent (13.5%) of total annual Dross sales over
S500,000 on the banquet facility and grill. room and twenty-five percent.(25° o) oFthe utility coSis
'row -di December 3
`P 0 ��
FISCAL NOTE (MISC. #06245) December 14, 2006
BY: Finance Committee, Chuck Moss, Chairperson
IN RE: PARKS AND RECREATION COMMISSION- LEASE WITH OAK MANAGEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has
reviewed the above referenced Miscellaneous Resolution and finds:
1. The Oakland County Parks and Recreation Commission has had a
Concessions Agreement with Oak Management, beginning April 25, 1974
and amended ten (10) times, with the last being April 14,1999.
2. Oakland County Parks and Recreation Commission requested an eleventh
amendment to the Concessions Agreement.
3. Corporation Council, in reviewing the eleventh amendment, determined
that the Concessions Agreement was in fact a "Lease Agreement" .
4. Oakland County Parks and Recreation Commission requests that the
"Lease Agreement" be formally approved by the appropriate
committees and the Board of Commissioners.
5. The Parks and Recreation Commission also requests that the "Lease
Agreement" be acknowledged through December 31, 2015.
6. No budget amendment is required.
FINANCE COMMITTEE
(ti�t� �GwSj
FINANCE COMMITTEE
Motion carried on a roll call vote with Rogers absent.
Resolution #06245 December 14, 2006
Moved by Molnar supported by Gregory the resolutions (with fiscal notes attached) on the Consent
Agenda, be adopted (with accompanying reports being accepted).
AYES: Coulter, Crawford, Douglas, Gershenson, Gregory, Hatchett, Jacobsen, Jamian, Kowall,
Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Potter, Rogers, Scott, Suarez, Wilson,
Zack, Bullard. (23)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda, were adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE FOREGOING RESOLLMO ii
STATE OF MICHIGAN)
COUNTY OF OAKLAND) sss
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
December 14, 2006, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County I Oakland at Pontiac,
Michigan this 14th day of December, 2006.
Ruth Johnson, County Clerk
U-
a
ACTIVITY REPORT
September 2011 (FM12, FY2011)
® 1
°
ADDISON OAKS PARK
Campers
7,226
8,792
21.7%
Day Use (*)
2,345
4,907
109.3%
Day Campers
0
0
N/A
*ADDISON OAKS CONFERENCE CENTER
2,252
2,787
23.8%
CATALPA OAKS PARK
Day Use
6,153
4,656
-24.3%
GROVELAND OAKS PARK
Campers
11,196
21,103
88.5%
Day Use
1,995
2,537
27.2%
Day Campers
0
0
N/A
HIGHLAND OAKS PARK
49,800
57,942
16.4%
26,448
35,384
33.8%
25
363
1352.0%
32,038
30,953
-3.4%
66,662
69,677
4.5%
86,240
109,067
26.5%
34,050
39,666
16.5%
2,854
3,292
15.3%
Day Use - 216 1,018 371.3% 4,094
6,009 46.8%
INDEPENDENCE OAKS PARK
Day Use
23,247
24,192
4.1%
268,260
233,005
-13.1%
Day Campers
25
0
-100.0%
7,695
6,794
-11.7%
Overnight Youth Group Campers
231
234
1.3%
1,627
2,394
47.1%
LYON OAKS
Day Use
1,688
1,746
3.4%
10,850
23,675
118.2%
Dog Park
5,064 `
6,480
28.0%
53,224
62,954
18.3%
ORION OAKS PARK
Day Use
3,126
3,758
20.2%
24,326
37,900
55.8%
Dog Park
7,456
7,945
6.6%
75,865
95,208
25.5%
RED OAKS PARK
Dog Park
983
2,031
106.6%
3,373
22,219
558.7%
ROSE OAKS PARK
Day Use
599
1,141
90.5%
5,272
7,469
41.7%
SPRINGFIELD OAKS ACTIVITY CENTER
Day Use
1,730
3,550
105.2%
11,952
13,656
14.3%
4-H Fair
1 0
0
N/A
82,000
95,000
15.9%
*Banquet Facilities
765
746
-2.5%
26,725
13,135
-50.9%
WATERFORD OAKS
Activity Center - non banquet
651
360
-44.7%
6,968
7,247
4.0%
*Banquet Facilities - Activity Center
0
0
N/A
3,498
2,345
-33.0%
Day Use
286
825
188.5%
13,765
13,098
-4.8%
TOTAL CAMPERS
18,422
29,895
62.3%
136,040
167,009
22.8%
TOTAL DAY USE
41,385
48,330
16.8%
465,678
479,539
3.0%
TOTAL DAY CAMPERS
25
0
-100.0%
10,574
10,449
-1.2%
TOTAL OVERNIGHT YOUTH GROUP CAMPERS
231
234
1.3%
1,627
2,394
47.1%
OTAL DOG PARK
13,503
16,456
21.9%
132,462
180,381
36.2%
TOTAL4-H FAIR
0
0
N/A
82,000
95,000
15.9%
TOTAL ACTIVITY CENTER -NON BANQUET
651
360
-44.7%
6,968
7,247
4.0%
*Not included in program totals -only in combined totals.
In-house events are counted in facility totals.
1 of 4
10/4/2011
Rounds Played -18 Hole Equivalent
3,185
2,809
-11.8%
*Banquet Facilities
2,792
2,321
-16.9%
**Grill Room (**Not included in totals)
2,014
1,892
-6.1%
LYON OAKS
Rounds Played -18 Hole Equivalent
Driving range
*Banquet Facilities
**Grill Room (**Not included in totals)
RED OAKS
Rounds Played -18 hole Equivalent
SPRINGFIELD OAKS
Rounds Played -18 Hole Equivalent
**Grill Room (**Not included in totals)
WHITE LAKE OAKS
26,553 -
25,748
-3.0%
33,617
34,830
3.6%
18,994
19,418
2.2%
2,510
2,973
18.4%
21,757
24,749
13.8%
1,598
1,343
-16.0%
17,806
11,583
-34.9%
1,420
1,753
23.5%
18,587
17,313
-6.9%
3,125
2,992
-4.3%
24,920
21,231
-14.8%
1,182
939
-20.6%
8,598
9,750
13.4%
2,778
2,461
-11.4%
22,735
22,163
-2.5%
1,703
1,519
-10.8%
19,155
16,676
-12.9%
Rounds Played -18 Hole Equivalent
2,870
2,698
-6.0%
*Banquet Facilities
896
1,069
19.3%
**Grill Room (**Not included in totals)
1,494
1,368
-8.4%
)TAL ROUNDS PLAYED -18 HOLE EQUIVALENT
12,525
11,880
5.1%
TOTAL DRIVING RANGE
1,598
1,343
-16.0%
22,218
22,813
2.7%
13,907
10,844
-22.0%
13,311
12,573
-5.5%
101,860
105,221
3.3%
17,806
11,583 .
-34.9%
*Not included in program totals -only in combined totals.
In-house events are counted in facility totals. 2 of 4 10/4/2011
ACTIVITY REPORT
September 2011 (FM12, FY2011)
t;
t
l
MOBILE RECREATION
Bleachers
Inflatables
Bus
Climbing Wall/Tower
Dunk Tank
Inline Skate Mobile/Hockey Mobile
Puppet
Show Mobile
Adventure Sport Mobile
Tents
Camps
Miscellaneous`
6
2
-66.7%
4,025
9,392
133.3%
630
405
-35.7%
11900 j
2,527
33.0%
2
0
-100.0%
0
0
N/A
1,530
40
-97.4%
23
15
-34.8%
280
158
-43.6%
0
0
N/A
0
0
N/A
7
0
-100.0%
WATERFORD OAKS BMX
185
800
332.4%
WATERFORD OAKS COURT GAMES COMPLEX
186
320
72.0%
WATERFORD OAKS FRIDGE
0
0
N/A
WATERFORD OAKS LOOKOUT LODGE
135 :
550
307.4%
WATERFORD OAKS WATERPARK
2,091
4,043
93.4%
RED OAKS WATERPARK
2,237
5,130
129.3%
-HERAPEUTIC EVENTS
248
52
-79.0%
SENIOR EVENTS
0
0
N/A
TOTAL MOBILE RECREATION VISITS
8,403
12,539
49.2%
TOTAL FACILITIES AND SPECIAL EVENTS
5,082
10,895
114.4%
2,568
7,909
208.0%
77,315
95,735
23.8%
14,895
15,404
3.4%
16,000
15,359
-4.0%
2
0
-100.0%
0
0
N/A
19,380
7,414
-61.7%
210
273
30.0%
5,884
6,290
6.9%
0
9
N/A
378
226
-40.2%
1,913
1,324
-30.8%
3,509
10,832
208.7%
1,438
1,873
30.3%
0
0
N/A
2,497
4,152
66.3%
91,732
86,787
-5.4%
127,390
128,434
0,8%
6,588
8,085
22.7%
0
0
N/A
138,545
149,943
8.2%
233,154
240,163
3.0%
*Not included in program totals -only in combined totals.
In-house events are counted in facility totals. 3 of 4 10/4/2011
a 4
ACTIVITY REPORT
September 2011 (FM12, FY2011)
COUNTY PARKS
ENVIRONMENTAL PROGRAM - INDEPENDENCE OAKS
Nature Center
1,060
1,035
-2.4%
18,651 20,242 8.5%
Outreach Visits
122
256
109.8%
7,670 5,754 -25.0%
**Trail Usage ("Not included in totals)
5,547
5,352
-3.5%
109,007 78,801 -27.7%
ENVIRONMENTAL PROGRAM - LYON OAKS
Nature Center
124
0
-100.0%
1,735 502 -71.1%
Outreach Visits
0
0
N/A
661 0-100.0%
**Trail Usage ("Not included in totals)
938
1,040
10.9%
7,287 6,396 -12.2%
TOTAL NATURE CENTERS
1,184
1,035
-12.6%
20,386 20,744 1.8%
TOTAL OUTREACH VISITS
122
256
109.8%
8,331 5,754 -30.9%
® 'Is •
DAY USE PARKS
74,217
95,275
28.4%
835,349 942,019 12.8%
GOLF COURSES/ Driving Range
14,123
13,223
-6.4%
119,666 116,804 -2.4%
RECREATION, FACILITIES AND SPECIAL EVENTS
13,485
23,434
73.8%
371,699 390,106 5.0%
NATURE INTERPRETIVE SERVICES
1,306
1,291
-1.1%
28,717 26,498 -7.7%
BANQUET FACILITIES
8,125
8,676
6.8%
128,372 109,420 -14.8%
GRANDTOTALS
111,256
141,899
27.5%
1,483,803 1,584,847 6.8%
*Not included in program totals -only in combined totals.
In-house events are counted in facility totals. 4 of 4 10/4/2011
OAKLAND COUNTY PARKS & RECREATION
COMMISSION AGENDA
OCTO ER 5, 2011 AGENDA ITEm No.
INTERNAL SERVICES
To: Chairman Fisher and Commission Members
From: Daniel J. Stencil, Executive Officer; Phil Castonia, Business Development Representative
Submitted: September 29, 2011
Subject: I.T. Quarterly Update
INTRODUCTION AND HISTORY
In 2008 as part of the Strategic Master Plan, an Information Technology Roadmap for Oakland County Parks
and Recreation was developed in coordination with Oakland County Information Technology and staff of
Oakland County Parks and Recreation. Since the implementation, staff has been updating the Commission
quarterly on the progression of the Roadmap.
Today, staff will present a quarterly status update on the Information Technology Roadmap for Parks and
Recreation.
mm
OAKLAND COUNTY PARKS & RECREATION
COMMISSION AGENDA
OCTOBER 5, 2011 AGENDA 1TPm No. 9 C
INTERNAL SERVICES
To: Chairman Fisher and Commission Members
From: Daniel J. Stencil, Executive Officer; Phil Castonia, Business Development Representative
Submitted: September 29, 2011
Subject: Purchasing Quarterly Update
INTRODUCTION AND HISTORY
In 2008 as part of the Strategic Master Plan the Commission requested regular updates from the staff about
the purchasing activity for the last quarter.
Today staff will present a quarterly status update on the Purchasing Activity from the 41h Quarter of Fiscal Year
2011 for the Parks and Recreation Department.
ATTACHMENTS
- 4th Quarter Fiscal Year 2011 Purchasing Activity Report
9 C-1
Parks & Recreation Quarterly Purchase Report
Bid
Due
Date
Description
Awarded
Vendor
Award
Date
PO /
Contract
Number
Purchase
Order Amount
Contract (NTE)
Not to Exceed
Amounts
Parks
Estimated
Contract Usage
Amount of Multi
Department
Contracts
Start
Date
Bid Event
#
Name
City
State
6/7
Fire Suppression Maintenance
Vanguard Fire &
SecurityRapids
Grand
MI
07/21/11
003257
7500.00
,
7,000.00
05/20/11
1838
7/13
2012 Vehicle Permits
Rydin Decal
Chicago
IL
08/04/11
174832
2,812.50
06/28/11
1898
8/1
Treated Lumber
Burt Forest Products
Ann Arbor
MI
08/10/11
175305
2,792.88
07/15/11
1916
8/17
Rotary Tiller
J&R Tractor
Monroe
MI
08/30/11
176490
2,385.00
08/03/11
1935
Total
/,yyV.JO W �,vvv.vv
a rr_?
OAKLAND COUNTY PARKS & RECREATION
COMMISSION AGENDA
CTO ER 5, 2011 AGENDA ITEM No. 9 D
INTERNAL SERVICES
To: Chairman Fisher and Commission Members
From: Daniel J. Stencil, Executive Officer;
Michael J. Donnellon, Jr. Chief of Park Facilities Maintenance & Development
Submitted., September 29, 2011
Subject: Capital and Maintenance Projects Quarterly Update
INTRODUCTION AND HISTORY
Staff is continually refining this update, tailoring it to the requirements of the Commission. Attached is the
project list with adjustments,
ATTACHMENTS
- Capital and Maintenance Project Quarterly Update.
9 D-1
OCTOBER QUARTERLY PROJECT UPDATE
FY 2012
October 5,. 2011
9 D-2
FY2012 CI P ACTIVE PROJECTS
Park
Account
Priority
Project
Type
Budget
Status
IND
1333
1
Fence SW Property
Construction
$80,000.00
IP
SAC
1235
2
Event Campground - Phase II
Design/Constr
$50,000.00
IP
GLG
2
Parking Lot Improvements
Design
$50,000.00
NS
CAT
1102
2
Asphalt -Curb Parking Lot
Design
$89,248.00
IP
CAT
1481
2
Site Development - Phase I
Design/Constr
$339,080.00
IP
ADD
601
3
Boathouse, Bulh Lk
Design
$10,000.00
NS
ADD
604
3
Pavilion, Campground Recreation
Design
$20,000.00
NS
GRV
829
3
Dog Park
Design/Constr
$30,000.00
NS
CAT
1103
3
Restroom/Concession/Storage Bldg
Design/Constr
$557,341.00
IP
CAT
1222
3
Well - Irrigation
Design/Constr
$28,102.00
IP
CAT
1482
3
Pavilion, Play Area
Design/Constr
$90,000.00
IP
WWP
997
3
New Water Feature - WP
$440,000.00 IP-Demo Only
Design
GRV
828
3
Rental Equipment Station
Construction
$76,438.00
NS
GRV
3
Dog Park Fencing
Design/Constr
$20,000.00
NS
ORN
867
3
Pavilion, Dog Park
Construction
$129,697.00
NS
RDG
4
Storm Water Recliamation
Construction
$70,000.00
NS
ADD
974
5
Eliminate East Drive Loop
Design
$20,000.00
NS
RDD
5
Storm Water Recliamation
Construction
$70,000.00
NS
CAT
1330
5
Play Structure (2-5 year olds)
Design/Constr
$32,088.00
IP
CAT
1483
5
Play Structure (2-5 year olds)
Design/Constr
$140,000.00
IP
$2,341,993.00
LEGEND
ACC
Addison Conference Center
ADD
Addison Oaks
CAT
Catalpa Oaks
GLG
Glen Oaks Golf
GRV
Groveland Oaks
GRH
Greenhouse
HGH
Highland Oaks
IND
Independence oaks
LYP
Lyon Oaks
ORN
Orion Oaks
RDD
Red Oaks Dog Park
RDG
Red Oaks Golf
RWP
Red Oaks Waterpark
RSE
Rose Oaks
SAC
Springfield Oaks
SPG
Springfield Oaks Golf
WTR
Waterford Oaks Park
WWP
Waterford Oaks Waterpark
STATUS
IP
In -Progress
NS
Not Started
0aZ'r,'0A'_KLAND COUNTYPARKS
9 D-3
FY2012 CIP ACTIVE PROJECTS (CONT'D)
FY2012 BUDGET ADJUSTMENTS:
Park Account Priority
IND 1
SAC 1235 2
ADD
975 3
HGH
1331 3
HGH
1332 3
LYP
983 3
LYP
1335 3
RSE
1114 3
RSE
1115 3
Project Type
Culvert Replacement Design/Constr
Event Campground - Phase II Design/Constr
Connector Trail Safety Path
Design/Constr
Trail Development - Phase 1
Design/Constr
Boardwalks -Docks -Overlooks
Design/Constr
West Norton Drawin Bridge
Construction
Boardwalks -Docks -Overlooks
Construction
Trail Development - Phase 1
Construction
Boardwalks -Docks -Overlooks
Construction
Budget
$81,400.00 IP
$315,000.00Addition to FY2012
$520,000.00 MNRTF Approved August/2011
$285,000.00 MNRTF Grant Associated
$64,000.00 MNRTF Grant
$40,000.00 MNRTF Grant Associated
$80,000.00 MNRTF Grant
$390,000.00 MNRTF Grant Associated
$342,000.00 MNRTF Grant
FY2012 Adjusted Total: $4,459,393.00
�AKLANDCOUNTYPARKS
9 D-4
FY2012 ACTIVE MAINTENANCE PROJECTS (HIGH PRIORITY)
'riority Budget
Center
H
H
H
H
H
H
H
H
H
H
H
H
H
GRH
ACC
ADM
RWP
LYG
SPG
WTR
WTB
WWP
Project Title
(15) ADA Improvements (Various Facilities)
Chemical Mix/Load Station
Conference Center Stucco Repair
Energy Management Upgrade (Design
(19) Exterior Painting (Various Facilities)
Lazy River Entrance Railing
Maintenance Platform
(7) Pavement Maintenance & Replacment
(7) Roofing Replacments (Various Facilities)
Starter Building Repairs
Storm Water Improvments
Structural Inspections
Structural Inspections
High Priority Projects
Major Regular
Maintenance Maintenance Budget Line Item
Budget Budget
$15,000
$10,000
$15,000
$10,000
$15,000
$15,000
$40,000
$97,000
$217,000
Title
$33,550
Building Maintenance
Building Maintenance
Contracted Services
$67,500 Building Maintenance
Grounds
Building Maintenance
$44,000 Grounds
$42,000 Building Maintenance
$5,000 Building Maintenance
Grounds
$6,500 Building Maintenance
$6,000 Building Maintenance
$ 204, 550
$421,550.00
Status
LEGEND
ACC
Addison Conference Center
ADD
Addison Oaks
NS
CAT
Catalpa Oaks
NS
GLG
Glen Oaks Golf
NS
GRV
Groveland Oaks
NS
GRH
Greenhouse
HGH
Highland Oaks
NS
IND
Independence oaks
NS
LYP
Lyon Oaks
NS
ORN
Orion Oaks
NS
RDD
Red Oaks Dog Park
NS
ROG
Red Oaks Golf
RWP
Red Oaks Waterpark
IP
RSE
Rose Oaks
NS
SAC
Springfield Oaks
NS
SPG
Springfield Oaks Golf
WTR
Waterford Oaks Park
NS
WWP
Waterford Oaks Waterpark
STATUS
IP
In -Progress
NS
Not Started
�AKLANDCOUNTYPARKS
9 D-5
oa�oIs
g4l et, NcE pR
��vE MP
nG
iAlAls
pro�eot -"t\e
meet
udget oe � ReP\aG
tenter ent a\nter`ar�
Pavero M ReP\acement
dock
PpD Boatel w FteP\aoemer�t
W �n
PCC
�egu\ar ce
N\a��anoe Ma`�uag�
Ma`gto
,,dget
$g0,000 00
$50'0p4.00
�325'000 p0
0 7r%l
siii� N� 9.0-60
Status
Comments 1P
�2p11
carry over to NS
V�2012 IP
Issues
Safety
Gra\lt BUdget
FY2012 MAINTENANCE PROJECTS (MEDIUM PRIORITY)
Priority Budget
Center
Project Title
M GRV Boathouse Dock Replacement
M (5) Exterior Painting (Various Locations)
M ACC Entrance Road Design & Engineering
M (4) Roofing Replacments (Various
Locations)
Medium Priority Projects
Major
Regular
Maintenance
Maintenance Budget Line Item
Status
Budget
Budget
$50,000
Grounds
NS
$10,400 Building Maintenance
NS
$20,000
Design Fees
NS
$47,000
$11,000 Building Maintenance
NS
$117,000
$21,400
$138,400.00
O��AKLANDCOUNTYPARKS
9 D-7
ITEM # 9 E
EXECUTIVE OFFICER'S REPORT
1. Lewis E. Wint Nature Center: The Lewis E. Wint Nature Center has been named one of the
Top 10 Nature Centers in Southeast Michigan by Metro Parent Magazine. The magazine's
September issue invites readers to get in touch with great hikes, interpretive programs, exhibits,
crafts, events and more at the region's best nature nooks.
2. Activity Reports: We will be passing out the Activity Reports at the Commission meeting on
Wednesday 10/05/11.
3. NRPA Magazine Article: We have received a copy of the feature article on Oakland County
Parks & Recreation in the September issue of the NRPA Magazine. We have included a copy of
that article in this packet.
4. State of Michigan's Recreation Passport Program: The following is an update on the State of
Michigan's Recreation Passport program.
As of end of month
July 11, 2011
August 11, 2011
State Revenue
$15,105,965
$17.1 Million
State participation
23.6%
State Average
24.0%
24.5%
Vehicle Passes
1,488,323
1,691,253
Motorcycle Passes
44,547
49,787
Oakland County participation
20.5%
20.8%
Oakland County Vehicle Passes
162,735
180,030
Oakland County Motorcycle passes
3,943
4,350
5. Upcoming Events and Programs: Attached for your information is a list of upcoming events and
programs scheduled by the Recreation Programs and Services staff.
6. Update for Madison Heights/Lewis E. Wint Nature Center: Listed below is the update for
the Madison Heights Nature Center/Lewis E Wint Nature Center:
1. Staff has begun the process to develop the Master Plan for Red Oaks (including
the Madison Heights Nature Center)
Estimated deadline. The proposed plan will be presented for comments to
the Commission in April 2012 and approval in May 2012,
2. Staff has begun to develop a template as an evaluation tool for proposed
facilities and programs
Deadline: Present concept for Commission input in regards to future
master planning and outreach programming - December 2011
3. Continue Dialogue with the City of Madison Heights — Ongoing
4. Begin scaling back the hours of operation to five days per week, reducing staffing
and interpretive programming at Wint Nature Center
Deadline: January 2012
5. Staff will request a budget adjustment to support the reallocation of resources
Deadline: January 2012
Staff and Commission Chairman Present at State Conference: Commission Chairman
Gerald Fisher, Natural Resources Planner Brittany Bird and Project Advisor Donna Folland
hosted sessions at the Michigan Wetlands Association's inaugural conference Aug. 31 — Sept. 2.
The conference theme was Transitions in Wetland Science, Management and Policy. MWA's
goals are to protect and restore wetlands and associated ecosystems through science -based
programs, education and stewardship.
9 E-1
8. Communications and Marketing Update:
•Facilitated ad placement in Girl Scouts of Southeast Michigan Program Offering book for
fall/winter to promote Wint Nature Center Brownie and Junior Girl Scout Programs. Will also place
ad for Spring/Summer 2012 book. Reaches 5,000 leaders in Genesee, Livingston, Macomb,
Monore, Oakland, St. Clair, Sanilac and Wayne Counties.
•Provided OCPR items for Arts, Beats & Eats (Sept. 3-5) and Arts and Apples (Sept. 9-11),
including photo display, banner, logo'd tablecloths, annual reports, brochures, trail maps and
promotional items. Coordinating w/ Nancy Thompson.
•Created ad and display for October's Michigan Alliance for Environmental and Outdoor
Education Conference; 200 educators from around Michigan
•Placed ad in fall issue of Metro Parent Magazine's Going Places Issue to promote fall camping
weekends and fall special events; hits newsstands Sept. 15 Testing a QR code that links to
camping pages.
•Initiated annual letter to media with authorized vehicle pass to encourage visitation to OCPR
• Testing QR code on fall park info signs; links to hiking pages
•Preparing award nominations for Michigan Recreation and Park Association
Desiree Stanfield will be making a semi-annual report on Communications & Marketing at the
November 9, 2011 Commission meeting.
9. Update on Golf Course Monitoring: We are currently researching other golf courses both
regionally and nationally in order to provide the Commission with an update of Oakland County
Parks Golf Course performance. We will provide that data to the Commission once we have
finalized the report.
10. Mark Your Calendars — November 8: We are inviting all OCPR Commissioners to lunch on
Tuesday, November 8, 2011, from 12-2pm at the Waterford Oaks Activity Center. This is to
celebrate the 2010-2011 achievements of the Parks Commission and Staff and also to provide
a sneak peek of the 2011 Annual Report.
11. Huron Clinton Metroparks: Attached is a correspondence from HCMA relating the 2011
revenues from our joint permit sales program.
12. 2012 DRAFT Proposed Master Calendar: Attached is a DRAFT of the Proposed Master
Calendar for 2012 for the Oakland County Parks and Recreation Commission for your review
and input.
13. TGA (Total Golf Adventure) Camps: Listed below are statistics on the Total Golf Adventure
Camps:
Glen Oaks Golf Course: 4 camps/24 students each/$76 per student
Glen Oaks Total: 96 students/$7,296
Red Oaks Golf Course: 3 camps/16 students each/$76 per student
Red Oaks Total: 48 students/$3,648
Combined totals: 7 camps/144 stud ents/$10,944
Note 1: Camps run for one week (five days, M-F)
Note 2: The camps at Glen Oaks eat lunch on -site so we do receive a commission from
Oak Management for the meals
9 E-2
TGA camps have been held at Glen Oaks since 2009 and at Red Oaks since 2010. The
number of camps at Glen Oaks has increased from three (3) in 2009 to four (4) in 2010.
TGA wanted more camps for the 2011 golf season, but we were unable to accommodate
them without compromising our open play/league play; so we had them increase the
camp size from 16 participants to 24 for the 2011 golf season.
Red Oaks increased from one (1) camp in 2010 to three (3) camps in 2011.
9 E-3
2011 Waterparks Marketing Initiatives
Marketing efforts included: social media, magazines, newspapers, e-marketing and discount offers.
The 2011 target markets identified included: families with kids under five and ages 6-12; teens; and
50-mile radius of both waterparks.
Total 2011 marketing dollars to date: $23,251; $35,000 budgeted
Note: Spent $15,000 in 2010
•Groupon.com
— Sold 3,000 vouchers for each waterpark
— $12,000 revenue for Red Oaks: $12,000 ($8 admission)
— $10,500 revenue for Waterford: $10,500 ($7 admission)
-The Oakland Press $5,000
-> Ads focused solely on waterparks or shared ad space with campgrounds
—Special Sunday sections; 100,000+ readers
-3 Sections included: Oakland on the Move; Michigan Vacation Guide; 50 Things to Do; Oakland
County Fair Booklet
-Metro Parent Magazine
— Going Places Booklet for spring/summer= $645
— Half -page ads May, June and July= $3,252
-> Island ad = $500
•Google/Facebook Ads $10,000
--3 Campaign ran June 10-August 7; offer was a BOGO
--3 Targeted 50-mile radius of both waterparks
--3 Generated 956 new email addresses
•Oaklandcountymoms.com $900
— Full season ad and homepage ad
— 800,000 page views per month
— 1,500 families/membership base
•E-marketing messages
— Season opening, family fun fest, twilight rates
•Destination0akland.com waterparks page views and visits
-> Date range is 1/1/11-8/31/11
Directory and
Pages
Visits
Page views
Red Oaks
114577
167788
Waterford Oaks
86793
127683
General
84166
117615
•Facebook
--> "Like" number is 3,559
-Twitter
— 1,264 followers
•Website a -links
— General waterpark info on 300+ sites
9 E-4
•E-Prosper Magazine
-3 Free ad; 3,000+ subscribers
-Travel Guide ad for Rockford River Challenge Baseball Tourney $500
— 5,000 attendees for three-day tournament; games in Novi, Farmington Hills and Livonia
— $1 off ROWP admission thru July 31, 2011
•Travelhost Magazine
--> Free full -page ads; 2 out of 4 issues promoted waterparks; $8,100 value
-> 20,000 copies distributed free to 12,563 rooms in 63 hotels in Wayne, Oakland and Macomb
counties plus some retail locations, visitor centers and chambers of commerce
-Banner flagging
-> ROWP only; two flags cost $592
-Ticket booth flagging $2,132
— Six, 7-foot bow banners that will be mounted on roof rails of ticket booth
9E-5
Waterpark Discount Analysis
2011 Season
Quantity
Redeemed
Free (Groupon)
Red Oaks
2,211
Waterford Oaks
2,321
Total
4,532
Reading Ranger
Red Oaks
1,882
Waterford Oaks
2,126
Total
4,008
Free (Br a Friend)
Red Oaks
1,098
Waterford Oaks
592
Total
1,690
Marshmallow Drop
Red Oaks
448
Waterford Oaks
182
Total
630
Free (300-WPKS)
Waterford Oaks
472
Total
472
Free (304-CYS)
Red Oaks
124
Waterford Oaks
176
Total
300
Free (Emp. App.)
Red Oaks
148
Waterford Oaks
138
Total
286
Free (700-FFP)
Red Oaks
64
Waterford Oaks
170
Total
234
Free (301-VOLWPKS)
Red Oaks
51
Waterford Oaks
175
Total
226
Generated: 911312011
Quantity
Value
Earned
Redeemed
533
$ 23,980.00
513
$ 23,833.00
1,046
$ 47,813.00
1,665
$ 19,535.50
1,788
$ 20,038.00
3,453
$ 39,573.50
1,326
$ 12,619.50
791
$ 5,946.00
2,117
$ 18,565.50
220
$ 4,587.00
60
$ 1,930.00
280
$ 6,517.00
94
$ 6,192.00
94
$ 6,192.00
111
$ 1,201.00
79
$ 1,568.00
190
$ 2,769.00
3
$ 1,480.50
10
$ 1,238.00
13
$ 2,718.50
59
$ 702.00
117
$ 1,613.00
176
$ 2,315.00
25
$ 753.50
16
$ 1,642.00
41
$ 2,395.50
9 E-6
j � £
Value
Earned
$ 4,747.00
$ 4,447.00
$ 9,194.00
$ 16,542.50
$ 16,090.00
$ 32,632.50
$ 14,681.50
$ 7,747.00
$ 22,428.50
$ 2,036.50
$ 467,00
$ 2,503.50
$ 952.00
$ 952.00
$ 1,046.00
$ 608.00
$ 1,654.00
$ 19.50
$ 63.00
$ 82.50
$ 584.00
$ 1,057.00
$ 1,641.00
$ 82.00
$ 126.00
$ 208.00
Page 1 of 2
Quantity Quantity Value Value
Redeemed Earned Redeemed Earned
Free (Splash Fun)
Red Oaks
134
49
$ 1,335.00
$ 469.00
Waterford Oaks
82
34
$ 833.00
$ 293.00
Total
216
83
$ 2,168.00
$ 762.00
Free (303-RR)
Red Oaks
6
16
$ 72.00
$ 180.00
Waterford Oaks
26
31
$ 296.00
$ 284.00
Total
32
47
$ 368.00
$ 464.00
$2 off (340-FPB)
Red Oaks
7
0
$ 14.00
$ 74.00
Waterford Oaks
9
16
$ 18.00
$ 195.00
Total
16
16
$ 32.00
$ 269.00
Bring A Friend!
Waterford Oaks
14
29
$ 144.00
$ 280.00
Total
14
29
$ 144.00
$ 280.00
Free (Twilight)
Red Oaks
12
0
$ 90.00
$ 0.00
Waterford Oaks
1
3
$ 15.00
$ 45.00
Total
13
3
$ 105.00
$ 45.00
Beach Closing
Red Oaks
4
1
$ 12.00
$ 27.50
Waterford Oaks
5
2
$ 15.00
$ 48.00
Total
9
3
$ 27.00
$ 75.50
Free (901-SFP)
Waterford Oaks
7
2
$ 69.00
$ 12.00
Total
7
2
$ 69.00
$ 12.00
Free (302-NCWP)
Waterford Oaks
0
2
$ 0.00
$ 18.00
Total
0
2
$ 0.00
$ 18.00
Generated: 911312011
9 E-7
Page 2 of 2
Upcoming Events — October
Adaptive Recreation
October 5
Junior Wheelchair Team - Southfield
October 7
Social for individuals with developmental disabilities - Royal Oak
October 8
Youth -ability: open gym/activities for kids with disabilities.
Boys & Girls Club — Royal Oak
October 11
OCParks Express Senior Fall Tour — Berkley/Oak Park
October 12
Junior Wheelchair Team - Southfield
October 12
OCParks Express Senior Fall Tour — Independence Township
October 13
OCParks Express Senior Fall Tour — Royal Oak/Clawson
October 15
Youth -ability: open gym/activities for kids with disabilities.
Boys & Girls Club — Royal Oak
October 17
OCParks Express Senior Fall Tour — Royal Oak Salvation Anny
October 18
OCParks Express Senior Fall Tour — Lockwood of Waterford
October 19
Junior Wheelchair Team - Southfield
October 19
OCParks Express Senior Fall Tour — White Lake
October 22
Youth -ability: open gym/activities for kids with disabilities.
Boys & Girls Club — Royal Oak
October 26
Junior Wheelchair Team - Southfield
October 27
Halloween Happiness for Individuals with Developmental Disabilities.
Southfield Civic Center
October 29
Sports -ability: open gym/activities for bids with disabilities.
Boys & Girls Chub — Royal Oak
Field Sports — Lyon Oaks
Tues & Thurs Wixom Parks and Recreation
Various Total Soccer
Field Sports — Catalpa Oaks
Sun -Sat South Oakland Club Soccer
Sundays Stay and Play Social Chub Soccer
Concerts
OC Parks Express
October 16 Autumn Express; Family Trip from Catalpa Oaks to Independence Oaks
Campground Recreation
October 15 Boo Bash at Addison Oaks
October 22 Boo Bash at Addison Oaks
Special Events, Dogs, Golf, and Health & Wellness
October 1
Brooksie Run Fitness Expo at Oakland University
October 1
Grampian Challenge Mountain Bike Race at Addison Oaks
October 2
Car Show at Independence Oaks
October 4
Women's Just for Fun "Fall" No Score Golf League at Red Oaks
October 8
Canines, Coffee and Conversation at Red Oaks
October 8
Ellis Barn Festival at Springfield Oaks
October 8
6 and 12 Hour Mountain Bike Race at Addison Oaks
October 9
Hidden Forest Trail Run at hndependence Oaks
October 13
Oakfit Employee Wellness Expo at Oakland Schools
October 15
Doggie Tailgating at Orion Oaks
October 15
Pumpkin Launch at Orion Oaks
October 22
Howl-o-ween Bash at Lyon Oaks
October 29
Last Chance Golf Outing at White Lake Oaks
Nature/Interpretive Prolzrams
October 1 Scout Badge Day - Forester
October 2 Car Show in Independence Oaks — Related activities TBD — Table top display
October 5 Field Trip (2) — Waterford Preschool / Burt Elementary
October 6 Field Trip — Brandon
October 6 Green Infrastructure — Kathy Thomas @ Ellis Barn
October 7 Field Trip — Clarkston Co-op
October 7 Nature Discovery — Tim Nowicki facilitates Longhouse @ Lyon Oaks
October 7 Field Trip — Eagle Creek Academy
October 8 LWNC Staff facilitate Ellis Barn Festival @ Springfield Oaks
October 8 PIP - Tuning You Tot Into Fall
October 9 Independence Oaks Hayride
October I I Field Trip — Oxford Headstart
October 12 StarLab (2) /Field Trip (2) — St. Joe's
October 13 PIP - Tuning Your Tot Into Fall (2)
October 13 Nature Connection @ Chapman Academy
October 15 Field Trip (2) — Scouts — Geocache
October 15 Wild Birthday Party
October 16 Community Hayrides (2) in Independence Oaks — Related activities TBD
October 19 Field Trip (2) - Legette
October 20 Garden Work Bee
October 20 Field Trip (2) — Legette
October 21 Nature Discovery— Beaumont; Tim Nowicki facilitates Longhouse @ Lyon Oaks
October 22 Wild Birthday Party
October 23 Field Trip — Cadets — Geocache
October 25 Field Trip — Schoolcraft
October 26 Field Trip — Our Lady of the Lakes
October 29 PIP - Mad Scientist
9 E-9
Volunteer Opportunities
October 1
Grampian Challenge Mountain Bike Race at Addison Oaks
October 8
6 and 12 Hour Mountain Bike Race at Addison Oaks
October 9
Hidden Forest Trail Run at Independence Oaks
October 15
Boo Bash at Addison Oaks
October 15
Tailgating Party at the Dog Parks at Orion Oaks
October 22
Boo Bash at Addison Oaks
October 22
Howl-O-Ween for the Dogs at Lyon Oaks
Mobile Recreation
October I
Festival II at Infiterra Sports
October I
Climbing Tower at Berkley Public Schools
October I
Storytelling at Waterford Township Parks and Recreation
October 1
Showmobile at South Lyon Pumpkin Festival
October 1
Showmobile at American Cancer Society's Making Strides Event;
Independence Oaks
October 4
Bus: Waterford Senior Center
October 6
Bus: Brookfield Academy
October 8
Bouncer at Balser College — Auburn Hills Campus
October 8
Festival 11 at Baker College — Auburn Hills Campus
October 8
Mini -Festival at Tahy Birthday Party
October 8
Bus; Debus Wedding
October 8
Bus; Strive RTS
October 8
Showmobile; Down Syndrome Guild
October 9
Festival II at Clawson Parks and Recreation
October 9
Climbing Tower at Clawson Parks and Recreation
October 9
GO! Cache! at Lake Orion Schools
October 9
Bus (2): Casino
October 9
Showmobile at Focus Hope; Detroit
October 9
Showmobile at School of Rock
October 10
GO! Cache! at Lake Orion Schools
October 11
GO! Cache! at Lake Orion Schools
October I
Bus (2): Eton Academy
October 12
GO! Cache! at Lake Orion Schools
October 13
Bus: Our Lady of Refuge
October 14
Festival II at Clarenceville Middle School
October 14
Bus: Planet Kids
October 14
Bus: Troy Marriott
October 14
Bus: Older Person Commission
October 14
Showmobile at Sigma Pi, Oakland University
October 14
Showmobile at Pontiac Regional Chamber, Haunted Festival
October 15
Bouncer at Holly Township Parks and Recreation
9 E-10
October 15
Festival I at Addison Oaks Boo Bash
October 15
Mini -Festival at Addison Oaks Boo Bash
October 15
Storytelling at Addison Oaks Boo Bash
October 15
Festival II at Holly Township Parks and Recreation
October 15
Climbing Tower at Auburn Hills Parks and Recreation
October 15
Bleachers at Orion Oaks; Pumpkin Launch
October 15
Bus; Keego Harbor Parks and Recreation
October 15
Bus: OCPR Campground Recreation Cider Mill Trip
October 15
Showmobile at Pontiac Regional Chamber, Haunted Festival
October 17
GO! Fish at Lake Orion Schools
October 17
Bus: West Bloomfield Parks and Recreation
October 17
Bus: Fall Color Tour
October 18
GO! Fish at Lake Orion Schools
October 18
Bus: Fall Color Tour
October 19
Bus: U of M Game
October 19
Bus: Fall Color Tour
October 21
Bouncer at Davisburg Elementary
October 21
Bus (3): Four Corners Montessori
October 22
Festival I at Addison Oaks Boo Bash
October 22
Mini -Festival at Addison Oaks Boo Bash
October 22
Obstacle Course at Ferndale Parks and Recreation
October 22
Climbing Tower at Fenldale Parks and Recreation
October 22
Storytelling at Ferndale Parks and Recreation
October 22
Bus: Campground Recreation Cider Mill Trip
October 22
Showmobile: Fenldale Parks and Recreation
October 23
Bleachers at Highland Equestrian Horse Show
October 23
Bus (2): Older Persons Commission Senior Show Trip
October 26
Bus (2): North Sashabaw Elementary Field Trip
October 26
Bus: Waterford Golden Age Senior Trip
October 27
Bus at Halloween Happiness
October 28
Bus: Waterford Golden Age Senior Trip
October 29
Obstacle Course at Transform Pontiac Special Event
9 E-11
HURON-CLINTON
metroparks
September 26, 2011
Administrative Office
130001ligh Ridge Drive, Brighton, MI 48114
810-227-2757 j www.mctioparks.com
Mr. Dan Stencil
Executive Officer
Oakland County Parks and Recreation Commission
2800 Watkins Lake Road
Waterford, MI 48328
Mr. Stencil:
Per the agreement between the Huron -Clinton Metroparks and Oakland County Parks and
Recreation, enclosed is a check for $32,130 for 2011 joint permit sales from Nov. 15, 2010
through Sept. 15, 2011.
The breakdown follows:
$27 of the $48 for each of the 1190 permits sold.
Location
2011
Percentage
2010
Administrative Office
131
11.0%
60
Hudson Mills
4
0.3%
12
Indian Springs
239
20.1%
244
Kensington
290
24.4%
315
Stony Creek
526
44.2%
499
TOTAL
1190
1130
We look forward to continuing our relationship for the 2012 season.
Regards,
Gregory J. Almas
Deputy Director
Delhi I Dexter -Huron I Hudson Mills I Huron Meadows I Indian Springs I Kensington I Lake Erie I Lower Huron I Metro Beach I Oakwoods I Stony Creek I Willow I Wolcott Mill
Board of Commissioners
John C. Hertel Timothy J. McCarthy John E. La Belle Harry E. Lester Robert W. Marans Anthony V. Marrocco John McCulloch
Governor Appointee Governor Appointee Livingston County Wayne County Washtenaw County Macomb County Oakland County
9 E-12
OAKLAND COUNTY PARKS AND RECREATION COMMISSION
2012 PROPOSED MASTER CALENDAR
DAY DATE
COMMISSION MEETINGS
WEDNESDAY JANUARY4
WEDNESDAY
FEBRUARY1
WEDNESDAY
MARCH 7
WEDNESDAY
APRIL 4
WEDNESDAY
APRIL 18
WEDNESDAY
MAY 2
WEDNESDAY
JUNE 6
WEDNESDAY
JULY 11
WEDNESDAY
AUGUST 1
WEDNESDAY
SEPTEMBER5
WEDNESDAY
OCTOBER3
WEDNESDAY
NOVEMBER7
WEDNESDAY
DECEMBER5
EXECUTIVE COMMITTEE MEETINGS
WEDNESDAY
JANUARY 25
WEDNESDAY
FEBRUARY 29
WEDNESDAY
MARCH 28
WEDNESDAY
APRIL 25
WEDNESDAY
MAY 30
WEDNESDAY
WEDNESDAY
WEDNESDAY
WEDNESDAY
WEDNESDAY
WEDNESDAY
WEDNESDAY
JUNE 27
JULY 25
AUGUST 29
SEPTEMBER 26
OCTOBER 31
1►[U�L�ul.3�;��:3
DECEMBER 19
MEETINGS/CONFERENCES
TUES - FRI
FEBRUARY 7-10
SAT -WED
MARCH 3-7
TUES-THURS
MARCH 27-29
MON-WED
MARCH 26-28
MON-THURS
JUNE 18-21
FRI — TUES.
JULY 13-17
SUN-TUES
SEPTEMBER 16-18
TUES-THURS
OCTOBER 16-18
REGULAR COMMISSION MEETING — OFFICER ELECTION
REGULAR COMMISSION MEETING (RED OAKS)
REGULAR COMMISSION MEETING
REGULAR COMMISSION MEETING (LYON OAKS)
BUDGET PRESENTATION WORK SESSION
REGULAR COMMISSION MEETING
REGULAR COMMISSION MEETING (ADOPT 2013 BUDGET)
REGULAR COMMISSION MEETING
REGULAR COMMISSION MEETING — (GROVELAND OAKS)
REGULAR COMMISSION MEETING
REGULAR COMMISSION MEETING
REGULAR COMMISSION MEETING — (GLEN OAKS)
REGULAR COMMISSION MEETING
EXECUTIVE COMMITTEE MEETING
EXECUTIVE COMMITTEE MEETING
EXECUTIVE COMMITTEE MEETING
EXECUTIVE COMMITTEE MEETING
EXECUTIVE COMMITTEE MEETING
EXECUTIVE COMMITTEE MEETING
EXECUTIVE COMMITTEE MEETING
EXECUTIVE COMMITTEE MEETING
EXECUTIVE COMMITTEE MEETING
EXECUTIVE COMMITTEE MEETING
EXECUTIVE COMMITTEE MEETING
EXECUTIVE COMMITTEE MEETING
MRPA ANN. CONF/TRADE SHOW; DEARBORN, MI
NACo LEGISLATIVE CONFERENCE, WASHINGTON DC
NRPA LEGISLATIVE FORUM, WASHINGTON DC
MAC LEGISLATIVE CONFERENCE, LANSING, MI
SPDF ANNUAL CONFERENCE, THREE RIVERS PARK DISTRICT, MN
NACo ANNUAL CONFERENCE; ALLEGHENY COUNTY, PA (PITTSBURGH, PA)
MAC ANNUAL CONFERENCE, SHANTY CREEK RESORT, BELLAIRE, MI
NRPA CONGRESS & EXPOSITION, ANAHEIM, CA
NOTE: All regular Commission meetings will be held at OCPRC Administration Offices located at Waterford Oaks,
2800 Watkins Lake Road, unless otherwise noted.
9 E-13
TGA
JuniorPremier •
Sept. 13, 2011
Paul Simpson and Randy Milbocker
Glen Oaks Golf Course
30500 W. 13 Mile Road
Farmington Hills, MI 48334
Dear Paul and Randy,
All of our families had a great time at Sunday's parent -child event, following another
terrific summer of sold -out camp sessions.
I really appreciate how everyone is so welcoming and friendly to the kids and their
parents. Everyone at Glen Oaks -- pro -shop staff, starters, rangers and restaurant staff —
went out of their way to be helpful, always greeting the kids with a smile.
We're looking forward to another great year in 2012, with our spring parent -child event
on May 6, followed by summer camp, then another parent -child event in the fall.
Randy, I hope you're feeling better and look forward to seeing you soon.
Randy and Paul, please share my thanks with your staffs.
All the best,
Dave Robinson
Territory Director
TGA of East Oakland County
248-252-0208
drobinsona golfiga. com
cc Darlene Rowley
9 E-14
Premier Junior Golf
Sept. 13, 2011
Peggy Hutchinson
Red Oaks Golf Course
29600 John R
Madison Heights, MI 48071
Dear Peggy,
Please pass along my thanks to your staff for another terrific summer of camp sessions at
Red Oaks, plus our June 26 competitive event.
I thought we improved in every way - more sessions, more kids, more smiles. All of
your staff members were welcoming and helpful, whether they were escorting the kids to
the practice area or just offering a warm hello in the morning.
We're looking forward to another great summer in 2012!
All the best,
Dave Robinson
Territory Director
TGA of East Oakland County
248-252-0208
0,robinsoii olftga.cc.;_
cc Paul Simpson, Darlene Rowley
9 E-15
Programs
K Outreach: The Recreation Assistance
Partnership Program granted $150,000
in no -cost services for Oakland County
Parks to bring its services to underserved
areas of Oakland County.
►. Volunteers: There are more than 500
volunteers. One volunteer program is
the Search and Recovery Team, which
regularly inspects the beach areas for
metal objects to make sure they are free
of potential hazards.
Q: Mobile recreation: Inflatabies, stages,
rock climbing tower, etc.
Nature programs, such as bird walks and
butterfly counts
12 Parks & Recreation SEPTEMBER 2011 WWW.NRPA.ORG
9 E-16
P. Golf lessons/tournaments/leagues
Pr Youth day camp
P, Senior citizen programs
Adaptive recreation: Providing recre-
ational opportunities for all abilities
b Dog programs
a Health and wellness: One successful ex-
ample is a partnership with Walk Michi-
gan and the county health department for
grant and program opportunities.
Awards & Citations
Received the "Grand Award," naming it
Michigan's top recreation agency of 2010
by the Michigan Recreation and Park
Association for providing outstanding
leadership, service, educa-
tion, and support to public
recreation.
Challenges & Issues
Declining property value in
Michigan. Oakland County
Parks' millage money is based
on property value. It declined
from $15 million to $11 million.
Staff is challenged with seek-
ing the most efficient and cost
effective way of getting things
done to operate and provide
quality customer service. After
many recent retirements, the
A
Population: 1.2 million
Year founded: 1966
Budget: $25,003,813
Agency Head: Dan Stencil, Executive Officer
Mission: Oakland County Parks and
i
Recreation is dedicated to providing quality
recreation experiences that encourage
healthy lifestyles, support economic
prosperity, and promote protection of natural
resources.
Facilities: 6,700 acres of park land, 65 miles
of trails, 5 golf courses, 3 dog parks, 2
waterparks, 2 campgrounds, nature center,
and 14 bodies of water in the parks system.
number of full-time positions
has reduced from 97 in 2006 to
67 in 2010.
Keys to Success
Oakland County Parks and Rec-
reation is in its third year of a 10-
year Strategic Master Plan that
focuses staff efforts and guides
future direction. The projected
outcome for Oakland County
Parks is to become Commis-
sion for Accreditation of Park
and Recreation Agencies (CAP -
RA) certified. The parks system
has developed an overall plan
for the agency which deals with
protecting endangered spe-
cies, water quality, and control-
ling nuisance wildlife, such as
Canada geese. Oakland Coun-
ty Parks and Recreation has
conducted prescribed burns
for the last three years on 187
acres of park land in order to
eliminate invasive species and
restore the natural habitat.
Future Plans
In the countywide Recreation
Needs Assessment, residents
have consistently said they
want to preserve more green
space. The vision is to provide
an interconnected trail sys-
tem of the 365 miles of trails
within Oakland County. An-
other future plan is to acquire
more park space. In 2012, Ca-
talpa Oaks will be updated
with the addition of a restroom
building, a picnic shelter, play-
ground, bleachers, and an un-
derground irrigation system.
Oakland County Parks and
Recreation is also investing in
life cycle replacement for all of
the facilities.
W W W.N R PA. ORG sEPTFMBER 2011 Parks & Recreation 13
9 E-17