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HomeMy WebLinkAboutAgendas/Packets - 2021.10.06 - 40412Q-.mw.AKLANC COUNTY PARKS GreatParks for 6rwt-Peoplo October 2021 Commission Meeting The 14 Oakland County Parks contribute to the high quality of life that attracts businesses and residents to its 62 communities. Since 1966, the Oakland County Parks system has grown to 6,700 acres, offering a wide variety of year-round recreation opportunities ranging from camping, hiking, swimming, boating, golfing and picnicking to cross-country skiing, ice skating and ice fishing. OaklanffountyParksxom M V 0 OAKLAND COUNTY PARKS AND RECREATION COMMISSION Regular Monthly Meeting Agenda Oakland County Parks Activity Center, 2800 Watkins Lake Rd, Waterford 48328 Wednesday, October 6, 2021 @ 1:00 p.m. Gary McGillivray, Chairperson PG # Call Meeting to Order Roll Call Pledge of Allegiance 1 Approval of Agenda 7-15 Approval of Minutes Meeting of Sentember 1. 2021 & September 22. 2021 Public Comment PRESENTATIONS/RECOGNITIONS: ACTION REOUIRED PRESENTER(S) / PHONE # 16 Introduction - Mark Adams, Architect/Project Mgr (Facilities Maint.) Informational Mike Donnellon / 343-6290 17 Introduction - Abe Qasim - Skilled Maintenance HVAC (Facilities Maint.) Informational Colin Gibbs / 431-3556 COMMUNICATIONS/REPORTS: ACTION REOUIRED PRESENTER(S) / PHONE # 18-19 A. Capital Improvement Expense Summary Receive & File Jeff Phelps / 858-5319 B. Environmental Sustainability Committee Informational Melissa Prowse / 249-2801 Lance Stokes / 586-883-3343 CONSENT AGENDA: ACTION REOUIRED PRESENTER(S) / PHONE # 20-21 1 OCPR Monthly Revenue and Expenditure Budget to Actual Report for Month Receive & File Jeff Phelps / 858-5319 Ending 08/31/2021 (FM 11 FY 21) 22 2 Monthly Revenue and Expenditure Comparison Report for Month Ending Receive & File Jeff Phelps / 858-5319 08/31/2021 (FM 11 FY 21) 23-27 3 Monthly Revenue and Expenditure Report by Line Item for Month Ending Receive & File Jeff Phelps / 858-5319 08/31/2021 (FM 11 FY 21) 28 4 Monthly Capital Equipment Report for Month Ending 06/30/2021 08/31/2021 Receive & File Jeff Phelps / 858-5319 (FM 11 FY 21) 29 5 Monthly Revenue and Expenditure Average Comparison Report for Month Receive & File Jeff Phelps / 858-5319 Ending 08/31/2021 (FM 11 FY 21) 30 6 Capital Improvement Projects Budget to Actual Report & Statement of Net Receive & File Jeff Phelps / 858-5319 Position For Month Ending 08/31/2021 (FM 11 FY 21) 31-33 7 Monthly Purchasing Reports for Month Ending 08/31/2021 (FM 11 FY 21) Receive & File Phil Castonia / 858-0909 34-35 8 FY2022 Commission Approval Schedule (CIP/MMP Projects) Receive & File Mike Donnellon / 343-6290 36 9 Maintenance Management Plan (MMP) Budget Report Receive & File Mike Donnellon / 343-6290 37-40 10 Pending Capital Improvement Project Report Receive & File Mike Donnellon / 343-6290 REGULAR AGENDA: ACTION REOUIRED PRESENTER(S) / PHONE # 41-75 11 Rose Township Property Donation (Water Road Parcel) Approval Melissa Prowse / 249-2801 76-88 12 OCPR Grant Program Guidance and Scoring Tool Approval Melissa Prowse / 249-2801 89-97 13 Residential Lease Renewal - Podina - Highland Oaks Approval & Fwd to BOC Phil Castonia / 858-0909 98-106 14 Residential Lease Renewal - Lowe - Waterford Oaks Approval & Fwd to BOC Phil Castonia / 858-0909 107-115 15 Residential Lease Renewal - Rowland - Waterford Oaks Approval & Fwd to BOC Phil Castonia / 858-0909 116-140 16 Rose Oaks - Enbridge Energy Construction License Agreement (Re -Approval) Approval Mike Donnellon / 343-6290 141-146 17 County -Wide Survey Request for Proposals Approval Melissa Prowse / 249-2801 147-155 18 Waterford Oaks Waterpark Visioning Survey Approval Melissa Prowse / 249-2801 156-158 19 FY 2022 Proposed Golf Cart Purchase - (Glen Oaks, Lyon Oaks, Red Oaks, Springfield Oaks, White Lake Oaks) Approval Tom Hughes / 343-1011 159-160 20 Request to sell Alcohol-Drew's Home of Clarkston Approval Jim Dunleavy / 343-6224 UNFINISHED BUSINESS: ACTION REOUIRED PRESENTER(S) / PHONE # 21 Parks and Recreation Director Update Informational Gary McGillivray / 709-0359 NEW & MISCELLANEOUS BUSINESS ACTION REOUIRED PRESENTER(S) / PHONE # 161-174 22 Executive Officer Report Receive & File Sue Wells / 858-4634 23 Executive Committee Update Informational Gary McGillivray / 709-0359 ANNOUNCEMENTS ADJOURNMENT TO November 3, 2021 at 1:00 p.m. or the Call of the Chair 1 Q 'Wi"A .NW'y60%KLAND COUNTY PARKS Oakland County Parks and Recreation Commission Aaenda Summary for Wednesday. October 6. 2021 The agenda is summarized below. Commission Members can contact persons listed for additional information. PRESENTATION/RECOGNITION: • Mark Adams-Architect/Project Manager • Abe Qasim-Skilled Maintenance HVAC Technician ;deliyiliyililLllWA0Eel ,►F3 A. Capital Improvement Expense Summary Communication item lists the capital project agenda items requiring approval and the financial impact on the Amount Available for Capital Improvement and Capital Equipment. Contact: J. Phelps 248-858-5319 B. Environmental Sustainabilitv Committee The Environmental Sustainability Committee met on September 91" via Teams. The group discussed trail sustainability and the importance of trails being both environmentally and fiscally sustainable. Staff will be reviewing and update the OCPR trail standards to consider more sustainable (and also accessible) surfaces. The Committee also began discussing an Environmental Sustainability Policy for the Commission to consider. Staff will begin this process by reviewing the Recreation Master Plan and Strategic Action Plan regarding sustainability and will draft some concepts for discussion at the next meeting, which is scheduled for October 7tn at 10:00 a.m. Contact: M. Prowse 248- 249-2801 CONSENT AGENDA: 1. Revenue and Expenditure Budget to Actual Report by Budget Center Monthly comparison of budgeted vs. actual revenue and expense by budget center. Available after month -end closing. Contact: J. Phelps 248-858-5319 2. Revenue and Expenditure Comparison Report by Budget Center Monthly comparison of actual revenue and expense by budget center. Available after month -end closing. Contact: J. Phelps 248-858-5319 3. Revenue and Expenditure Report by Line Item Monthly actual revenue and expense for entire Parks & Recreation fund. Available after month -end closing. Contact: J. Phelps 248-858-5319 4. Monthly Capital Equipment Report Monthly comparison of budgeted vs. actual capital equipment purchases. Available after month -end closing. 2 5. 6. 8. 9. 10. 11. Contact: J. Phelps Monthly Averaae Comparison Report 248-858-5319 The `Monthly Average Comparison Report' compares monthly revenue and expense activity to a five-year average. Contact: J. Phelps 248-858-5319 Capital Improvement/illustrative Net Position-Unrestricted/Planned Use of Balance The Capital Improvement/Illustrative Net Position-Unrestricted/Planned Use of Balance' report presents a budget- to- actual comparison of active capital improvement projects, an illustrative representation of the Net Position - Unrestricted accounts reflective of the Parks and Recreation Commission's Net Position policy, the current year adjustments made to the Planned Use of Balance account, and detail of operating enhancement projects. Contact: J. Phelps 248-858-5319 Monthly Parks Purchasina Reports — Auaust 2021 - Month Endina 0813012021 (FM 11. FY 21) Today staff will present a monthly status report on the Purchasing Activity from Month 11 of Fiscal Year 2021 (August 2021) for Parks and Recreation. Monthly Purchasing Expenditure Report — August 2021 Contact: P. Castonia 248-858-0909 o/ 248-343-0368 c FY 2022 Commission Approval Schedule (CIP/MMP Proiects) Updated list of projects and the timeline for commission approval. Contact: M. J. Donnellon, Jr. 248-343-6290 Maintenance Manaaement Plan Budaet - FY 2021 Monthly budget report for the FY2021 Maintenance Management Plan. Contact: M. J. Donnellon, Jr. 248-343-6290 Pendina Capital Improvement Proaram-Proiect Report Monthly written project status report on OCPR Pending Capital Improvement Program Projects. Contact: M. J. Donnellon, Jr. 248-343-6290 REGULAR AGENDA: Rose Township Property Donation (Water Road Parcel) At the April 2021 Parks and Recreation Commission the Commission approved for staff to proceed with the donation of the "Water Road Property" in Rose Township. The Water Road Property is 32 acres in Rose Township, situated between Rose Oaks and Highland Oaks County Parks. The property is adjacent to and looks out over the Michigan Nature Association's Big Valley Nature Sanctuary. The parcel is along the railroad corridor that runs adjacent to both Rose Oaks and Highland Oaks County Parks. The property has been well -managed and maintained — Natural Resource staff estimate approximately $10,000 annually to manage the property. The property also offers opportunities for future trail connectivity between Rose Oaks and Highland Oaks and is of significant ecological value. The Donation Agreement for the Water Road Property is attached for Commission review and approval. The Jungs have also generously agreed to donate $15,000 as part of the Donation Agreement, which will cover approximately 3 80% of the due diligence and closing costs that OCPR will incur in the acquisition process (Phase I, ALTA Survey, Transfer Tax, etc.). The Phase I Environmental Assessment, ALTA Survey and Wetland Delineation have been completed. Staff Recommendation: Staff recommends the Commission approve the Donation Agreement with Kurt W. Jung and Maura A. Lobos Jung for the donation of the 33-acre "Water Road Property" (Parcel ID 06-27-377-001) and $15,000 to assist Oakland County Parks and Recreation with due diligence and closing costs and recommend the approval of the Donation Agreement to the Oakland County Board of Commissioners. Contact: M. Prowse 248-249-2801 12. Approval of Oakland County Parks and Recreation Trailways and Park Improvements Grant Programs Guidance and Scorinq With the approval of the millage in November 2020, the Oakland County Parks and Recreation Commission (OCPRC) has been developing 2 grant programs to support local Oakland County community projects in two categories — Trailways and Park Improvements. The applications are scheduled to be released on November 1st, with an application deadline in January. In order to move forward with the final development of the online application, staff are requesting that the Commission approve the Application Guidance and the scoring tools. These can be reviewed and refined each year as needed, but these will be the tools for the FY2022 grant round. Staff Recommendation: Staff recommends the Commission approve the Oakland County Parks and Recreation Grant Program Guidance and Scoring Tools for the FY2022 Trailways and Park Improvements Community Grant Programs. Contact: M. Prowse 248-249-2801 13. Residential Lease Renewal — Podina - Highland Oaks The property at Highland Oaks located at 6555 North Milford Road, is 927 square feet, and has 2 bedrooms with 1.5 baths. It also has a 2-car garage and a basement and was built in 1976. The house has been occupied by John and Carolyn Podina for a number of years. John and Carolyn are both currently part time employees at Groveland Oaks. We are requesting to move forward with another 5-year lease as standard practice for all residential property leases, with the standard terms for terminating the lease early. The attached lease agreement has been prepared and reviewed by Oakland County Corporation Counsel. 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. Contact: P. Castonia 248-858-0909/248-343-0368 14. Residential Lease Renewal — Lowe — Waterford Oaks The property at Waterford Oaks located at 2930 Watkins Lake Road, is 1,432 square feet, and has 4 bedrooms with 1.5 baths. It also has a basement and was built in 1974. The house is currently occupied by Brad Lowe, he was the tenant here for the past 5 years with no issues. Brad is currently a part time employee at Addison Oaks and has been an employee of Oakland County Parks for over 30 years. We are requesting to move forward with another 5-year lease as standard practice for all residential property leases, with the standard terms for terminating the lease early. The attached lease agreement has been reviewed by Oakland County Corporation Counsel. 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. 4 Contact: P. Castonia 248-858-0909/248-343-0368 15. Residential Lease Renewal — Rowland — Waterford Oaks The property at Waterford Oaks located at 2866 Watkins Lake Road, Waterford, MI 48328, is 759 square feet, and has 2 bedrooms with 1 bath. It also has a 2-car garage and a basement and was built in 1956. The house has been occupied by Chris Rowland for the last 7 years. We are requesting to move forward with another 5- year lease as standard practice for all residential property leases, with the standard terms for terminating the lease early. The attached lease agreement has been prepared and reviewed by Oakland County Corporation Counsel. 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. 16. Rose Oaks — Enbridae Enerav Construction License Aareement (Re -Approval) As previously reported to the Commission in 2019 and 2020, on February 22, 2019 our Oakland County Parks & Recreation Commission (OCPRC) Natural Resource Crews discovered, that approximately 50 yards of the abandoned 30" diameter Enbridge Energy (EE), 6b pipeline had floated to the surface of the Rose Oaks wetlands and is obstructing a portion of the waterway. As previously approved in June 2021, the Construction License Agreement — Exhibit C indicated use of the eastern private land easement and crossing of the CSX Railroad. In early September, EE receive notification that CSX Railroad denied EE use of this crossing. Therefore, alternative access is required from the existing Consumers Power line property, adjacent to the northerly boundary of Rose Oaks County Park, resulting in an adjustment of the eastern access route in the revised Exhibit C (Attachment B). Staff Recommendation: Staff recommends approval of the adjusted access route (Exhibit C) for the previous Oakland County Parks & Recreation Commission authorized Construction License Agreement to Enbridge Energy, LP, Superior, Wisconsin. Contact: M. J. Donnellon, Jr. 248-343-6290 17. Community Needs Assessment Survev RFP OCPRC's 5-Year Parks and Recreation Master Plan expires on December 31, 2022. A current Recreation Master Plan is needed to be eligible for state and certain federal grants. The Community Needs Assessment Survey is the foundation for the development of the updated plan. Staff recommends having the survey results in hand before March 1, 2022, so we have sufficient time for plan development and Commission Review before the submission deadline. The new Rec Plan must be submitted to the Michigan Department of Natural Resources before March 1, 2023. Staff Recommendation: Staff recommends the Commission approve the proposed RFP for the 2021 OCPR Needs Assessment Survey and direct staff to review bids and bring a recommendation back to the Commission in December 2021 for final approval. Contact: M. Prowse 248-249-2801 18. Approval of Waterford Oaks Waterpark Public Enaaaement Plan Staff and the Commission have been discussing the future of the Waterford Oaks Waterpark for several years. At the April 2021 Parks Commission meeting, a motion was made to receive and file the Fiscal Sustainability Committee's recommendation for Waterford Oaks Waterpark. The motion approved the work needed to ensure a safe 2021 season, and for staff to continue to evaluate and assess the facility, with public input, to determine the future of the facility. The Waterford Oaks Waterpark did not open in 2020 (due to the pandemic) or 2021 (due to staffing shortages). Staff have developed the attached Public Engagement Plan to gather public input over the course of the fall. The Public Engagement Plan contains both online and e-mail-based communication to residents and park visitors to gather feedback digitally. An initial stakeholder list can be found in the Public Engagement Plan. The survey will focus on overall experiences that people are looking for to help guide staff and the Commission to develop a plan that best meets the needs of residents who use this facility, while also developing amenities that are fiscally responsible and operationally sustainable. The visioning survey is scheduled to run from October 15 — 5 19 20. 21 22. 23. November 15. Staff will then analyze the data and bring a report to the Commission in January (see survey timeline in attached Public Engagement Plan). Staff Recommendation: Staff recommends the Commission approve the Public Engagement Plan for Waterford Oaks Waterpark and direct staff to move forward with the online Visioning Survey. Contact: M. Prowse 248-249-2801 FY 2022 Proposed Golf Cart Purchase — (Glen Oaks. Lvon Oaks. Red Oaks, Springfield Oaks & White Lake Oaks Staff will present information from the golf cart replacement bid results and will request approval to purchase all carts in FY2022 instead of over a two-year period to reduce total expense by a minimum of $84,801.28. Total expense for the purchase of all golf carts in FY2022 is $586,059.50. There is $450,000 budgeted in the FY2022 Operating Budget for golf cart replacement, requiring Commission approval for the remaining funding of $136,059.50 from Unrestricted Net Assets. Funding of $450,000 would no longer be needed for golf cart replacement in FY2023. Staff Recommendation: Staff recommends purchasing the golf cart fleet (341 golf carts) for all five golf courses in FY2022 from the low bidder Midwest Golf and Turf, Commerce Twp., MI in the amount $586,059.50 with purchase being funded by the $450,000 budgeted in the FY2022 Operating Budget for golf cart replacement and the remaining amount of $136,059.50 to be funded from Unrestricted Net Assets. Contact: T. Hughes 248-343-1011 Request to Sell Alcohol on Commission Propertv-Drew's Home of Clarkston Staff is very excited to be working Drew's Home of Clarkston. They are planning to hold a Concert at Springfield Oaks County Park on November 6, 2021, from 6 pm to 10 pm. We have recently received a request from Drew's Home of Clarkston to serve Alcohol at their event. Drew's Home of Clarkston is a 501(c) (3) non-profit committed to enhancing a safe, accessible, and comfortable community residence. Located in downtown Clarkston, the residence currently houses nine adult males with wide range disabilities. Staff Recommendation: Staff recommends the Commission approve the temporary liquor license for Drew's Home of Clarkston to sell alcohol during a Concert at Springfield Oaks County Park November 6, 2021. Contact: J. Dunleavy 248-343-6224 UNFINISHED BUSINESS Parks & Recreation Director Search Update Contact: G. McGillivray 248-709-0359 NEW & MISCELLANEOUS BUSINESS: Interim Executive Officer Report Update on current Oakland County Parks and Recreation matters by the Interim Executive Officer. Contact: S. Wells Executive Committee Update 248-858-4634 Update on discussions from the previous month's OCPR Commission Executive Committee meeting. Contact: G. McGillivray 248-709-0359 01aL9111 N 6 Oakland County Parks and Recreation Commission Regular Meeting September 1, 2021 Chairman McGillivray called the Oakland County Parks and Recreation Commission meeting to order at 2:03 p.m. in the Oakland County Parks and Recreation Waterford Oaks Activity Center. COMMISSION MEMBERS PRESENT: Chairman Gary R. McGillivray, Vice Chairman J. David VanderVeen, Amanda Herzog, Andrea LaFontaine, Jim Nash, Nancy Quarles, Lance Stokes (7) COMMISSION MEMBERS ABSENT: Secretary Ebony Bagley, Executive Committee Member Christine Long, Yolanda Charles (3) ALSO PRESENT: Parks and Recreation OC Fiscal Services/P & R OC Purchasing OC Water Resources Commission Oakland County 4H Fair Assoc Springfield Township APPROVAL OF AGENDA: Susan M. Wells, Interim Executive Officer Phil Castonia, Chief —Business Operations Sarah Cook-Maylen, Natural Resources Project Coordinator Mike Donnellon, Chief -Facilities Maintenance & Development Jim Dunleavy, Chief -Park Operations & Maint. - N. District Garrett Ebbeling, Graphic Designer Tom Hughes, Chief —Park Operations & Maint. - S. District Stephanie Mackey, Business Development Representative Melissa Prowse, Supervisor of Planning Desiree Stanfield, Supervisor of Marketing & Communications Mary Zednik, Communications & Marketing Assistant Jeff Phelps, Fiscal Services Coordinator Andy Krumwiede, Buyer II Joel Kohn, Environmental Planner Sara Ressler, Assistant General Manager Laura Moreau, Supervisor Moved by Mr. Nash, supported by Ms. Herzog to approve the agenda with the following change: Under Presentations/Recognitions - remove OCPR Commissioner Recognition — Robert E. Kostin. AYES: Herzog, LaFontaine, McGillivray, Nash, Quarles, Stokes, VanderVeen (7) NAYS: (0) Motion passed on a unanimous voice vote. APPROVAL OF MINUTES: Moved by Ms. Quarles, supported by Mr. VanderVeen to approve the minutes of the Oakland County Parks and Recreation Commission Regular Meeting of August 4, 2021, as submitted. AYES: Herzog, LaFontaine, McGillivray, Nash, Quarles, Stokes, VanderVeen (7) NAYS: (0) Motion passed on a unanimous voice vote. 7 PUBLIC COMMENTS: There were no comments from the public. PRESENTATIONS/RECOGNITIONS: NACPRO Marketinq and Millage Awareness Award Interim Executive Officer Susan Wells advised Oakland County Parks and Recreation received the 2021 National Association of County Parks and Recreation Officials (NACPRO) Marketing Award for the 2020 Millage Awareness Campaign. OCPR Staff members that worked on this campaign included Desiree Stanfield, Katie Stiefel, Garrett Ebbeling, Mary Zednik, Jane Peterson, Jen Asadi, Stephanie Mackey, and Jess Whatley. Ms. Wells and the Commission thanked staff for their hard work and efforts, especially considering the importance of social media on the 2020 Oakland County Parks and Recreation Millage Campaign. COMMUNICATIONS/REPORTS: Capital Improvement Expense Summary OCPR Fiscal Services Coordinator Jeff Phelps advised there are no FY2021 capital improvement or equipment items on the agenda requiring Unrestricted Net Position funding. Included in the Consent Agenda is the Fiscal Services FY2021 3rd Quarter Financial Forecast which includes an operating budget amendment reducing account #796500 Budgeted Equity Adjustments by ($91,695). The balance of the Unrestricted Net Position account as of July 31, 2021, is $27,377,088, which is a decrease of ($1,220,034) from the June 30, 2021, balance of $28,597,122. The FY2021 Amended Budget as of July 31, 2021, is $33,480,279. The Unrestricted Net Position policy sets a recommended balance of funds to be set at 50% of the operating budget. The requirement of Unrestricted Net Position funds is $16,740,139. The Parks and Recreation fund is currently $11,856,983 above the policy requirement. Moved by Ms. LaFontaine, supported by Mr. Stokes to receive and file the Communications/Capital Improvement Expense Summary Report. AYES: Herzog, LaFontaine, McGillivray, Nash, Quarles, Stokes, VanderVeen (7) NAYS: (0) Motion passed on a unanimous voice vote. CONSENT AGENDA: Moved by Mr. Nash, supported by Ms. Quarles to approve Items 1 through 12 under Consent Agenda, as follows: 1. OCPR Monthly Revenue and Expenditure Budget to Actual Report for Month Ending 07/31/2021 (FM 10 FY 21) 2. Monthly Revenue and Expenditure Comparison Report for Month Ending 07/31/2021 (FM 10 FY 21) 3. Monthly Revenue and Expenditure Report by Line Item for Month Ending 07/31/2021 (FM 10 FY 21) 4. Monthly Capital Equipment Report for Month Ending 07/31/2021 (FM 10 FY 21) 5. Monthly Revenue and Expenditure Average Comparison Report for Month Ending 07/31/2021 (FM 10 FY 21) 8 6. Capital Improvement Projects Budget to Actual Report & Statement of Net Position For Month Ending 07/31/2021 (FM 10 FY 21) 7. FY 2021 Fiscal Services 3rd Quarter Financial Forecast 8. FY 2021 Fiscal Services 3rd Quarter Facilities Maintenance Budget Amendments (REVISED) 9. Monthly Purchasing Reports for Month Ending 07/31/2021 (FM 10 FY 21) 10. Maintenance Management Plan Budget 11. Capital Improvement Program - Project Report 12. 2021 3rd Quarter Contributions Report AYES: Herzog, LaFontaine, McGillivray, Nash, Quarles, Stokes, VanderVeen (7) NAYS: (0) Motion passed on a roll call vote. REGULAR AGENDA: Final Approval of Proposed FY 2022-2024 OCPR Operatina Budaet / Final Approval of Proposed FY 2022-2026 Capital Improvement Proqram Plan (CIP-Funded from Net Position) / Final Approval of Proposed FY 2022-2026 Maintenance Manaqement Plan (MMP-Funded in the Operatinq Budqet) / Final Approval of Proposed FY 2022-2026 Natural Resources Manaqement Plan (NR-Funded in the Operating Budaet) / Final Approval of Proposed FY2022 Capital Equipment Budaet (Funded from Net Position) Moved by Mr. Nash, supported by Ms. Quarles to approve the Fiscal Year 2022-2024 Oakland County Parks and Recreation Proposed Operating Budget and adopt the following Fiscal Year 2022 General Appropriations Act resolution balancing total appropriations with available resources in the amount of $34,197,675; and Move to approve FY 2022, Proposed Capital Equipment Plan budget at $642,500; and Move to approve the FY2022 Capital Improvement budget of $4,406,000 and $1,860,769 for the Maintenance Management Plan (General Program Administration line -item, included in the operating budget), and forward it to the Oakland County Board of Commissioners for inclusion in the Oakland County Adopted FY2022- FY2024 budget: WHEREAS in accordance with the provisions of Public Act 261 of 1965, the County and Regional Parks Act, and Public Act 621 of 1978 (as amended), the Uniform Budgeting and Accounting Act for Local Government, and the By -Laws of the Oakland County Parks and Recreation Commission approved January 12, 2011, it is the responsibility of the Oakland County Parks and Recreation Commission to amend and adopt the annual Oakland County Parks and Recreation Commission Budget; and WHEREAS the Parks and Recreation Interim Executive Officer received budget requests from all Parks and Recreation Budget Units, and the Parks and Recreation Interim Executive Officer and her staff have prepared and submitted in detail the Parks and Recreation Interim Executive Officer's Fiscal Year 2022 Budget Recommendation to the Oakland County Parks and Recreation Commission; and WHEREAS the Oakland County Parks and Recreation Commission has reviewed in detail the Parks and Recreation Interim Executive Officer's Fiscal Year 2022 Budget Recommendation as shown on the attached line -item budget report, hereby annexed, and made part of the General Appropriations Act for Fiscal Year 2022; and 9 WHEREAS supplemental summaries and data contained herein are for informational purposes only and are not part of the General Appropriations Act for Fiscal Year 2022. NOW THEREFORE BE IT RESOLVED the Oakland County Parks and Recreation Commission, after due deliberation, does hereby amend and adopt the Fiscal Year 2022 General Appropriations Act balancing total appropriations with available resources at $34,197,675. BE IT FURTHER RESOLVED that as stated in the Commission By -Laws, appropriations accumulated within the department will be deemed maximum authorization to incur expenditures. The Parks and Recreation Interim Executive Officer or her designated Fiscal Officer shall exercise supervision and control of all budgeted expenditures with each Budget Unit, and at no time shall the expenditures exceed the total appropriation for the department as originally amended or adopted by the Oakland County Parks and Recreation Commission. AYES: Herzog, LaFontaine, McGillivray, Nash, Quarles, Stokes, VanderVeen (7) NAYS: (0) Motion passed on a roll call vote. Davisburq Mill Pond Dam Removal & Restoration Project -Construction Documents & Bidding Phase Moved by Mr. Nash, supported by Ms. Herzog to conceptually approve the 100% design engineering drawings, engineer's opinion of cost and proceed with final construction drawings, specifications, permitting and bidding for the Mill Pond Dam Removal and Restoration Project; and Move to amend AECOM contract #5528 in the amount of $84,725 to proceed with final construction drawings, specifications, permitting and bidding for the Mill Pond Dam Removal and Restoration Project, pending the Charter Township of Springfield Board approval at the September 9, 2021 meeting. AYES: Herzog, LaFontaine, McGillivray, Nash, Quarles, Stokes, VanderVeen (7) NAYS: (0) Motion passed on a roll call vote. In response to a question from the Chairman McGillivray on the project, staff advised Davisburg Road will be closed for approximately two months and a detour/alternate route will be available during construction. Michigan Department of Natural Resources - Fisheries Habitat Grant Program Grant Acceptance (Mill Pond Dam Removal/Restoration) Moved by Mr. Stokes, supported by Ms. LaFontaine to approve the acceptance of the grant of $345,000 from the Michigan Department of Natural Resources Fisheries Habitat Grant Program for the Mill Pond Dam Removal and Restoration Project and forward the grant agreement to the Oakland County Board of Commissioners for final approval. AYES: Herzog, LaFontaine, McGillivray, Nash, Quarles, Stokes, VanderVeen (7) NAYS: (0) Motion passed on a roll call vote. 10 Electrifv America Solar Vehicle Charainq Station License Agreement - Holly Oaks ORV Park Moved by Mr. VanderVeen, supported by Mr. Stokes to approve the license agreement with Electrify America for a solar -powered vehicle charging station to be located at Holly Oaks ORV Park through December 31, 2023, conditional upon Oakland County Corporation Counsel final review and approval of the agreement. AYES: Herzog, LaFontaine, McGillivray, Nash, Quarles, Stokes, VanderVeen (7) NAYS: (0) Motion passed on a roll call vote. Updated Stormwater Standards Moved by Ms. Lafontaine, supported by Ms. Herzog to approve the Oakland County -wide Stormwater Engineering Design Standards as submitted by the Water Resources Commissioner's Office and for the Chairperson to sign the attached Memorandum for Adoption of Oakland County Stormwater Engineering Design Standards for County Properties. AYES: Herzog, LaFontaine, McGillivray, Nash, Quarles, Stokes, VanderVeen (7) NAYS: (0) Motion passed on a roll call vote. Request to Sell Alcohol on Commission Property — Fall Michiqan Antique Festival Moved by Ms. Quarles, supported by Mr. VanderVeen to approve the temporary liquor license for the Oakland County Fair Board to sell alcohol at the Fall Michigan Antique Festival, to be held at Springfield Oaks County Park October 8-10, 2021. AYES: Herzog, LaFontaine, McGillivray, Nash, Quarles, Stokes, VanderVeen (7) NAYS: (0) Motion passed on a roll call vote. Request to Sell Alcohol on Commission Property — DRAW/Clarkston State Bank Back Roads Half Marathon Moved by Ms. LaFontaine, supported by Mr. Nash to approve the temporary liquor license for DRAW (Disaster Relief At Work) to sell alcohol at the Clarkston State Bank Back Roads Half Marathon, to be held at Independence Oaks County Park November 14, 2021. AYES: Herzog, LaFontaine, McGillivray, Nash, Quarles, Stokes, VanderVeen (7) NAYS: (0) Motion passed on a roll call vote. 11 UNFINISHED BUSINESS: There was no Unfinished Business. NEW & MISCELLANEOUS BUSINESS: Executive Officer Report In addition to the Executive Officer's Report filed in the agenda packet, Interim Executive Officer Susan Wells provided an update on the following items: • The next OCPR Commission meeting will be held in person on Wednesday, October 6, 2021 at 1:00 p.m. at the Oakland Parks and Recreation Waterford Oaks Activity Center, 2800 Watkins Lake Road, Waterford, MI 48328 • The next OCPRC Executive Committee meeting is scheduled on Monday, September 13, 2021 at 1:00 p.m. via teleconference • Red Oaks Waterpark is now closed for the season due to staffing levels. • 2022 OCPR Annual Vehicle Permits will go on sale September 27, 2021. Oakland County residents may also obtain the free 2022 Annual Vehicle Permits for seniors (62+), veterans, active military, and individuals with permanent disabilities • Learn to Swim program in collaboration with Huron Clinton Metroparks Authority • 2020 OCPR Millage Initiatives Grant Programs Schedule Executive Committee Update Chairman McGillivray advised the discussion at the last OCPRC Executive Committee meeting focused on the process for hiring a new Parks and Recreation Executive Director. The candidate will be meeting with both Oakland County Board of Commissioners caucus groups on September 2, 2021. ANNOUNCEMENTS: Hearing no objections from the OCPR Commission members, Chairman McGillivray announced the time for all future 2021 OCPR Commission meetings will be changed from 2:00 p.m. to 1:00 p.m. The meetings will be held in the Waterford Oaks Activity Center due to the recent changes in COVID-19 numbers and social distancing guidelines. The next meeting will be Wednesday, October 6, 2021 at 1:00 p.m. at the Waterford Oaks Activity Center. Chairman McGillivray requested a report showing the current budget for the 2020 Millage Initiative programs, including funds spent to date on CISMA, the Trails Program, Local Community Grants, and OCPR Annual Vehicle Park Permits for seniors, veterans, active military, and individuals with permanent disabilities. Chairman McGillivray also requested staff schedule another OCPR Sustainability Committee meeting to review some outstanding/pending matters. Commissioner Quarles requested staff provide a detailed report on the local community parks grant program clearly stating the criteria, requirements, or protocols for requesting funds from this program. She has been contacted by some local municipal officials asking about the program and would like to be able to provide those individuals with the program details. 12 ADJOURNMENT: Meeting adjourned at 2:50 p.m. Ebony Bagley, Secretary Vicky Valko, Recording Secretary 13 Oakland County Parks and Recreation Commission SPECIAL MEETING September 22, 2021 Chairman McGillivray called the Oakland County Parks and Recreation Commission meeting to order at 1:05 p.m. in the Oakland County Parks and Recreation Waterford Oaks Activity Center. COMMISSION MEMBERS PRESENT: Chairman Gary R. McGillivray, Vice Chairman J. David VanderVeen, Executive Committee Member Christine Long, Yolanda Charles, Amanda Herzog, Jim Nash, Lance Stokes (7) COMMISSION MEMBERS ABSENT: Secretary Ebony Bagley, Andrea LaFontaine, Nancy Quarles (3) ALSO PRESENT: Parks and Recreation Susan M. Wells, Interim Executive Officer Phil Castonia, Chief of Business Operations Jim Dunleavy, Chief of Park Operations & Maint. - N. District Tom Hughes, Chief of Park Operations & Maint. - S. District Brandy Sotke-Boyd, Chief of Recreation Programs & Services Desiree Stanfield, Supervisor of Marketing & Communications OC Corporation Counsel Jody Hall, Financial Attorney The Oakland Press Mark Cavitt APPROVAL OF AGENDA: Moved by Mr. Stokes, supported by Ms. Charles to approve the agenda as submitted. AYES: Charles, Herzog, Long, McGillivray, Nash, Stokes, VanderVeen (7) NAYS: (0) Motion passed on a unanimous voice vote. PUBLIC COMMENTS: There were no comments from the public. REGULAR AGENDA: Parks and Recreation Director Hirinq Process Update Chairman McGillivray advised the Commission that candidate Lawrence Hemingway rescinded his acceptance of the offer of employment for the position of Oakland County Parks and Recreation Director. As a result, the process of the search for a new candidate will move forward. The new search will be conducted by the same consultant, James Vettraino of GovHR, at no additional charge because the position has not been filled. Notice will be sent to all individuals that previously applied for the position so they may re -apply. Applications will be accepted for four weeks from both internal and external candidates. Commissioner Herzog asked if the previous list of candidates would be available to review. Chairman McGillivray advised he has requested the list and was advised by OC Human Resources he will receive a copy. The application process will be open to a larger group of individuals to attract a larger and more diverse group of candidates. 14 Commissioner Stokes wanted stated for the record that he is disturbed by the coverage by the media regarding the candidate. He felt it was harassment and racism. CLOSED SESSION: Review of Background Check of Parks and Recreation Director Candidate Lawrence Hemmingwav As a result of Lawrence Hemingway rescinding his acceptance of the offer of employment for the position of Oakland County Parks and Recreation Director, there was no longer a need for a closed session during the meeting. No closed session was held. ANNOUNCEMENTS Chairman McGillivray advised the Commission that Commissioner Amanda Herzog accepted a part-time position with Oakland County Parks and Recreation. She will be resigning from her position as OCPR Commissioner effective September 24, 2021, and this will be her last meeting. Her replacement will be appointed by the Oakland County Board of Commissioners. ANNOUNCEMENTS: The next Oakland County Park and Recreation Commission meeting will be held on October 6, 2021 at 1:00 p.m. at the Waterford Oaks Activity Center. ADJOURNMENT: Meeting adjourned at 1:28 p.m. Ebony Bagley, Secretary Vicky Valko, Recording Secretary 15 Oakland Count' Parks and Recreation Commission Aqenda Item Memo Agenda #: Staff Introductions Department: Facilities Maintenance & Development — Project Management Group From: Michael J. Donnellon, Jr, Chief of Park Facilities Maintenance & Development Subject: Introduction - Mark J. Adams Jr. INTRODUCTION AND HISTORY Mark J. Adams, Jr. took the long way back to Michigan to join the Facilities Maintenance Project Management Group. Born and raised in Southfield, Adams earned a bachelor's degree in architecture from the University of Michigan, then spent time working in three different states before returning to Michigan a few years ago. After receiving his degree, Adams gained experience in historical restoration architecture in New York, worked for a firm that specialized in church buildings in Virginia, spent five years in residential architecture in Washington, D.C., and then worked in commercial architecture here in Michigan before coming to OCPR. Adams will be in charge of coordinating the building improvement program already in place, keeping on top of replacement schedules for mechanical and electrical equipment, roofs, etc. "Anything that has to do with a building," Adams said. Additionally, he will coordinate in-house and capital improvement projects from budgeting, bidding, and contract awards to coordinating with contractors on the job, ensuring that industry standards are met, and best practices are used. He could even be the one to design the new projects! "I'm happy to be part of the OCPR team to maintain and improve our parks. So far, I've been to Glen Oaks, Addison Oaks, Springfield Oaks, Groveland Oaks, and Red Oaks, and look forward to visiting the rest of the parks soon," Adams said. Adams and his wife live in Southfield with their three children, sons ages 7 and 2, and daughter age 4. Needless to say, he doesn't have much free time, but when he does, he enjoys reading, bike riding and attending Tigers, Lions and Pistons games with his family. "With his experience and background, Mark has jumped right in on implementing projects", said Chief of Park Facilities Maintenance and Development Mike Donnellon. "We are so excited to have him on board, especially since we are beginning a new fiscal year with renewed focus on investing, maintaining and improving existing park assets and facilities." 16 Oakland Counv Parks and Recreation Commission Aqenda Item Memo Agenda #: Staff Introductions Department: Facilities Maintenance & Operations From: Colin Gibbs, Building Management Supervisor Subject: Introduction -Abe Qasim INTRODUCTION AND HISTORY I would like to introduce you to Abe Qasim. He will be working with Barb Weishaar at Facilities Maintenance as a Skilled Maintenance HVAC Technician. He comes to us with 20 years' experience in the HVAC and related fields. He is very knowledgeable and carries multiple licenses including a Mechanical Contractor License as well as a Boilers License. We are very excited to have Abe in this position so we can better support the parks and its customers. 17 Oakland County Parks and Recreation Commission Aqenda Item Memo Agenda #: Communication Item A Department: Fiscal Services From: Jeff Phelps, Parks and Recreation Fiscal Coordinator Subject: Capital Improvement Expense Summary, Budgeted Equity Adjustment Summary and Unrestricted Net Position Projection Report INTRODUCTION AND HISTORY There is one item on today's agenda requiring Unrestricted Net Position funding: FY 2022 Proposed Golf Cart Purchase - (Glen Oaks, Lyon Oaks, Red Oaks, Springfield Oaks, White Lake Oaks) for $136, 059. The balance of the Unrestricted Net Position account as of August 31, 2021, is $26,159,397.38. This is a decrease of ($1,217,691) from the July 31, 2021, balance of $27,377,088. The FY2021 Amended Budget as of August 31, 2021, is $33,480,279. The Unrestricted Net Position policy sets a recommended balance of funds to be set at 50% of the operating budget. The requirement of Unrestricted Net Position funds is $16,740,139. The Parks and Recreation fund is currently $9,419,258 above the policy requirement. 18 Agenda Item A Parks and Recreation Commission FY2021 Unrestricted Net Position Forecast As of August 31, 2021 Unrestricted Net Position Unrestricted Net Position Balance: As of August 31, 2021 $ 26,159,397 Adjust: Projected operating variance (July -September 2021) $ (1,622,405) Capital Improvement and Equipment Budget Expenses to Date Remaining FY2021 Capital Equipment Budget $ 382,845 $ (386,243) $ (3,398) FY2018-FY2021 Active Capital Improvement Projects $ 3,074,998 $ (2,903,140) $ 171,858 $ 3,457,843 $ (3,289,383) $ 168,460 $ (168,460) Agenda Amendments to be approved at the October meeting:_ FY2022 Proposed Golf Cart Purchase - (Glen Oaks, Lyon Oaks, Red Oaks, Springfield Oaks, White Lake Oaks) $ (136,059) Projected Net Position Unrestricted - September 30, 2021 $ 24,232,473 Prepared by Fiscal Services 9/28/2021 713 Unrestricted Net Position 19 Oakland County Parks and Recreation Commission Aqenda Item Memo Agenda #: 1-6 Department: Fiscal Services-P & R Accounting From: Jennifer Adcock, Fiscal Services Supervisor II Jeffrey Phelps, Fiscal Services Coordinator Subject: OCPR Monthly Financial Reports (August 2021, FY 2021) 1. REVENUE AND EXPENDITURE BUDGET TO ACTUAL REPORT BY BUDGET CENTER August 2021 (FM 11, FY 2021) 2. REVENUE AND EXPENDITURE COMPARISON REPORT BY BUDGET CENTER August 2021 (FM 11, FY 2021) 3. REVENUE AND EXPENDITURE REPORT BY LINE ITEM August 2021 (FM 11, FY 2021) 4. CAPITAL EQUIPMENT REPORT August 2021 (FM 11, FY 2021) 5. REVENUE AND EXPENDITURE AVERAGE COMPARISON REPORT August 2021 (FM 11, FY 2021) 6. CAPITAL IMPROVEMENT PROJECTS BUDGET TO ACTUAL REPORT AND STATEMENT OF NET POSITION August 2021 (FM 11, FY 2021) 20 Agenda Item No. 1 OAKLAND COUNTY PARKS AND RECREATION COMMISSION REVENUE AND EXPENSE BUDGET TO ACTUAL REPORT FM 11 FY 2021 FOR MONTH ENDING 08/31/2021 2021 YEAR TO (OVER) % OF REVENUE BUDGET DATE UNDER BUDGET BUDGET ADMINISTRATIVE SERVICES: Millage Tax 21,611,300.00 21,577,352.18 33,947.82 99.8% Capital Contributions 71,675.00 46,675.00 25,000.00 65.1 % Other 746,154.00 616,749.98 129,404.02 82.7% GLEN OAKS GOLF COURSE 816,700.00 941,414.52 (124,714.52) 115.3% LYON OAKS GOLF COURSE 1,202,000.00 1,338,767.90 (136,767.90) 111.4% RED OAKS GOLF COURSE 350,000.00 399,846.64 (49,846.64) 114.2% SPRINGFIELD OAKS GOLF COURSE 737,561.00 785,539.09 (47,978.09) 106.5% WHITE LAKE OAKS GOLF COURSE 755,300.00 796,967.16 (41,667.16) 105.5% ADDISON OAKS CONFERENCE CENTER 152,000.00 107,274.33 44,725.67 70.6% GLEN OAKS CONFERENCE CENTER 128,145.00 95,005.11 33,139.89 74.1% GROVELAND OAKS CONCESSIONS 58,500.00 2,584.49 55,915.51 4.4% LYON OAKS CONFERENCE CENTER 43,000.00 1,074.82 41,925.18 2.5% LYON OAKS RESTAURANT SVS 199,000.00 177,823.52 21,176.48 89.4% RED OAKS WATERPARK CONCESSIONS 221,015.00 34,041.12 186,973.88 15.4% SPRINGFIELD OAKS RESTAURANT SV 140,000.00 103,278.21 36,721.79 73.8% WATERFORD OAKS WATERPARK CONCESSIONS 113,000.00 0.00 113,000.00 0.0% WHITE LAKE OAKS CONFERENCE CENTER 78,000.00 0.00 78,000.00 0.0% WHITE LAKE OAKS RESTAURANT SVS 140,500.00 101,821.69 38,678.31 72.5% OAKLAND COUNTY MARKET 190,250.00 131,648.60 58,601.40 69.2% ADDISON OAKS PARK 744,906.00 788,156.52 (43,250.52) 105.8% GROVELAND OAKS PARK 1,170,968.00 1,161,875.07 9,092.93 99.2% HIGHLAND OAKS PARK 12,550.00 8,293.00 4,257.00 66.1% INDEPENDENCE OAKS PARK 303,346.00 266,900.91 36,445.09 88.0% LYON OAKS PARK 165,000.00 88,756.50 76,243.50 53.8% ORION OAKS PARK 136,200.00 71,190.00 65,010.00 52.3% RED OAKS DOG PARK 48,000.00 45,975.00 2,025.00 95.8% RED OAKS PARK 8,300.00 11,512.81 (3,212.81) 138.7% ROSE OAKS PARK 6,600.00 0.00 6,600.00 0.0% SPRINGFIELD OAKS PARK 232,000.00 189,426.34 42,573.66 81.6% WATERFORD OAKS PARK 86,800.00 46,091.00 40,709.00 53.1 % HOLLY OAKS ORV PARK 573,000.00 248,475.75 324,524.25 43.4% RECREATION PROGRAMS & SERVICES 315,000.00 89,474.33 225,525.67 28.4% CATALPA OAKS PARK 30,250.00 25,065.00 5,185.00 82.9% RED OAKS WATERPARK 1,514,159.00 798,715.10 715,443.90 52.7% WATERFORD OAKS BMX 500.00 13,759.00 (13,259.00) 2751.8% WATERFORD OAKS WATERPARK 378,600.00 0.00 378,600.00 0.0% TOTAL REVENUE 33,480,279.00 31,111,530.69 2,368,748.31 92.9% EXPENSE ADMINISTRATIVE SERVICES 9,912,397.00 4,792,126.29 5,120,270.71 48.3% PARKS PARTNERSHIP 797,570.00 1,010,650.00 (213,080.00) 126.7% AUDITING 41,282.00 5,795.02 35,486.98 14.0% FISCAL SERVICES ADMINISTRATION 149,335.00 130,160.26 19,174.74 87.2% FISCAL SERVICES PARKS & REC 470,771.00 332,007.86 138,763.14 70.5% GLEN OAKS GOLF COURSE 981,268.00 986,136.10 (4,868.10) 100.5% LYON OAKS GOLF COURSE 1,448,050.00 1,327,440.14 120,609.86 91.7% RED OAKS GOLF COURSE 624,169.00 578,896.13 45,272.87 92.7% SPRINGFIELD OAKS GOLF COURSE 830,468.00 692,421.81 138,046.19 83.4% WHITE LAKE OAKS GOLF COURSE 819,255.00 765,505.83 53,749.17 93.4% ADDISON OAKS CONFERENCE CENTER 372,060.00 350,453.24 21,606.76 94.2% GLEN OAKS CONFERENCE CENTER 363,669.00 275,857.05 87,811.95 75.9% GROVELAND OAKS CONCESSIONS 81,884.00 8,746.51 73,137.49 10.7% LYON OAKS CONFERENCE CENTER 216,456.00 208,344.26 8,111.74 96.3% LYON OAKS RESTAURANT SVS 293,140.00 113,342.97 179,797.03 38.7% RED OAKS WATERPARK CONCESSIONS 277,077.00 90,623.33 186,453.67 32.7% SPRINGFIELD OAKS RESTAURANT SV 256,825.00 142,671.42 114,153.58 55.6% WATERFORD OAKS WATERPARK CONCESSIONS 104,509.00 6,801.04 97,707.96 6.5% WHITE LAKE OAKS CONFERENCE CENTER 198,968.00 183,361.31 15,606.69 92.2% WHITE LAKE OAKS RESTAURANT SVS 270,550.00 141,536.94 129,013.06 52.3% OAKLAND COUNTY MARKET 212,978.00 153,640.61 59,337.39 72.1% ADDISON OAKS PARK 1,773,923.00 1,528,412.44 245,510.56 86.2% GROVELAND OAKS PARK 1,620,226.00 1,329,287.32 290,938.68 82.0% HIGHLAND OAKS PARK 82,580.00 68,101.08 14,478.92 82.5% INDEPENDENCE OAKS PARK 1,281,156.00 948,687.71 332,468.29 74.0% LYON OAKS PARK 341,532.00 278,337.41 63,194.59 81.5% ORION OAKS PARK 227,336.00 181,347.27 45,988.73 79.8% RED OAKS DOG PARK 142,896.00 114,424.55 28,471.45 80.1 % RED OAKS PARK 211,510.00 160,724.91 50,785.09 76.0% ROSE OAKS PARK 95,343.00 86,558.48 8,784.52 90.8% SPRINGFIELD OAKS PARK 651,529.00 633,765.20 17,763.80 97.3% WATERFORD OAKS PARK 746,362.00 657,913.09 88,448.91 88.1 % HOLLY OAKS ORV PARK 695,159.00 584,893.40 110,265.60 84.1% RECREATION PROGRAMS & SERVICES 1,758,767.00 1,225,394.39 533,372.61 69.7% CATALPA OAKS PARK 215,304.00 183,470.31 31,833.69 85.2% RED OAKS WATERPARK 1,630,953.00 1,038,415.22 592,537.78 63.7% WATERFORD OAKS BMX 19,387.00 30,778.10 (11,391.10) 158.8% WATERFORD OAKS WATERPARK 717,821.00 282,113.83 435,707.17 39.3% FACILITIES & MAINTENANCE 2,740,796.00 1,408,581.20 1,332,214.80 51.4% INTERNAL FUND CHARGES * 0.00 0.00 0.00 N/A TOTAL EXPENSE 33,675,261.00 23,037,724.03 10,637,536.97 68.4% REVENUE OVER/(UNDER) EXPENSE (194,982.00) 8,073,806.66 * Internal Fund YTD Expense: Internal Service and other funds payments in transit 21 Agenda Item No. 2 OAKLAND COUNTY PARKS AND RECREATION COMMISSION REVENUE AND EXPENSE COMPARISON REPORT FOR MANAGEMENT PURPOSES ONLY FM 11 FY 2021 FOR MONTH ENDING 08/31/2021 YEAR TO DATE REVENUE OVER YEAR TO DATE YEAR TO DATE REVENUE OVER EXPENSE (UNDER) EXPENSE BUDGET CENTER REVENUE EXPENSE (UNDER) EXPENSE W/O DEPRECIATION W/O DEPRECIATION ADMINISTRATIVE SERVICES: ADMINISTRATIVE SERVICES 22,240,777.16 4,792,126.29 17,448,650.87 4,772,883.22 17,467,893.94 PARKS PARTNERSHIP 0.00 1,010,650.00 (1,010,650.00) 1,010,650.00 (1,010,650.00) AUDITING 0.00 5,795.02 (5,795.02) 5,795.02 (5,795.02) FISCAL SERVICES ADMINISTRATION 0.00 130,160.26 (130,160.26) 130,160.26 (130,160.26) FISCAL SERVICES PARKS & REC 0.00 332,007.86 (332,007.86) 332,007.86 (332,007.86) ADMINISTRATIVE SERVICES SUB -TOTAL 22,240,777.16 6,270,739.43 15,970,037.73 6,251,496.36 15,989,280.80 GOLF: GLEN OAKS GOLF COURSE 941,414.52 986,136.10 (44,721.58) 840,321.29 101,093.23 LYON OAKS GOLF COURSE 1,338,767.90 1,327,440.14 11,327.76 992,358.75 346,409.15 RED OAKS GOLF COURSE 399,846.64 578,896.13 (179,049.49) 448,503.54 (48,656.90) SPRINGFIELD OAKS GOLF COURSE 785,539.09 692,421.81 93,117.28 608,688.83 176,850.26 WHITE LAKE OAKS GOLF COURSE 796,967.16 765,505.83 31,461.33 669,867.68 127,099.48 GOLF SUB -TOTAL 4,262,535.31 4,350,400.01 (87,864.70) 3,559,740.09 702,795.22 FOOD SERVICES: ADDISON OAKS CONFERENCE CENTER 107,274.33 350,453.24 (243,178.91) 263,696.41 (156,422.08) GLEN OAKS CONFERENCE CENTER 95,005.11 275,857.05 (180,851.94) 165,477.11 (70,472.00) GROVELAND OAKS CONCESSIONS 2,584.49 8,746.51 (6,162.02) 3,972.18 (1,387.69) LYON OAKS CONFERENCE CENTER 1,074.82 208,344.26 (207,269.44) 128,101.87 (127,027.05) LYON OAKS RESTAURANT SVC 177,823.52 113,342.97 64,480.55 112,723.12 65,100.40 RED OAKS WATERPARK CONCESSIONS 34,041.12 90,623.33 (56,582.21) 87,332.57 (53,291.45) SPRINGFIELD OAKS RESTAURANT SV 103,278.21 142,671.42 (39,393.21) 124,368.34 (21,090.13) WATERFORD OAKS WATERPARK CONCESSIONS 0.00 6,801.04 (6,801.04) 3,545.37 (3,545.37) WHITE LAKE OAKS CONFERENCE CENTER 0.00 183,361.31 (183,361.31) 107,119.10 (107,119.10) WHITE LAKE OAKS RESTAURANT SVC 101,821.69 141,536.94 (39,715.25) 139,793.44 (37,971.75) FOOD SERVICES SUB -TOTAL 622,903.29 1,521,738.07 (898,834.78) 1,136,129.51 (513,226.22) COUNTY MARKET: OAKLAND COUNTY MARKET 131,648.60 153,640.61 (21,992.01) 150,355.02 (18,706.42) COUNTY MARKET SUB -TOTAL 131,648.60 153,640.61 (21,992.01) 150,355.02 (18,706.42) PARKS: ADDISON OAKS PARK 788,156.52 1,528,412.44 (740,255.92) 1,224,251.26 (436,094.74) GROVELAND OAKS PARK 1,161,875.07 1,329,287.32 (167,412.25) 1,030,381.70 131,493.37 HIGHLAND OAKS PARK 8,293.00 68,101.08 (59,808.08) 33,723.33 (25,430.33) INDEPENDENCE OAKS PARK 266,900.91 948,687.71 (681,786.80) 739,324.96 (472,424.05) LYON OAKS PARK 88,756.50 278,337.41 (189,580.91) 217,187.52 (128,431.02) ORION OAKS PARK 71,190.00 181,347.27 (110,157.27) 147,917.43 (76,727.43) RED OAKS DOG PARK 45,975.00 114,424.55 (68,449.55) 89,272.17 (43,297.17) RED OAKS PARK 11,512.81 160,724.91 (149,212.10) 147,659.55 (136,146.74) ROSE OAKS PARK 0.00 86,558.48 (86,558.48) 54,239.60 (54,239.60) SPRINGFIELD OAKS PARK 189,426.34 633,765.20 (444,338.86) 434,608.48 (245,182.14) WATERFORD OAKS PARK 46,091.00 657,913.09 (611,822.09) 522,043.38 (475,952.38) HOLLY OAKS ORV PARK 248,475.75 584,893.40 (336,417.65) 576,498.85 (328,023.10) PARKS SUB -TOTAL 2,926,652.90 6,572,452.86 (3,645,799.96) 5,217,108.23 (2,290,455.33) RECREATION: RECREATION PROGRAMS & SERVICES 89,474.33 1,225,394.39 (1,135,920.06) 1,184,506.28 (1,095,031.95) CATALPA OAKS PARK 25,065.00 183,470.31 (158,405.31) 96,956.04 (71,891.04) RED OAKS WATERPARK 798,715.10 1,038,415.22 (239,700.12) 844,643.26 (45,928.16) WATERFORD OAKS BMX 13,759.00 30,778.10 (17,019.10) 29,050.44 (15,291.44) WATERFORD OAKS WATERPARK 0.00 282,113.83 (282,113.83) 227,437.01 (227,437.01) RECREATION SUB -TOTAL 927,013.43 2,760,171.85 (1,833,158.42) 2,382,593.03 (1,455,579.60) FACILITIES & MAINTENANCE: FACILITIES & MAINTENANCE 0.00 1,408,581.20 (1,408,581.20) 1,355,567.44 (1,355,567.44) FACILITIES & MAINTENANCE SUB -TOTAL 0.00 1,408,581.20 (1,408,581.20) 1,355,567.44 (1,355,567.44) OTHER: INTERNAL FUND CHARGES * 0.00 0.00 0.00 0.00 0.00 OTHER SUB -TOTAL 0.00 0.00 0.00 0.00 0.00 TOTAL 31,111,530.69 23,037,724.03 8,073,806.66 20,052,989.68 11,058,541.01 * Internal Fund YTD Expense: Internal Service and other funds payments in transit See the Oakland County website's "Transparency in Government" monthly reports to view the latest monthly financial report detail by budget center: 1. Log on to www.oakgov.com/mcitbud/fiscal/Pages/info pub/parks.aspx 2. Click on each of the Parks and Recreation monthly financial reports you are interested in viewing 'Disclaimer: These columns are for management purposes only to show the budget center's status without depreciation. The Parks & Recreation Fund is classified as an Enterprise fund. Enterprise funds are used to report any activity for which a fee is charged to an external source for goods or services. Depreciation is a method of allocating the cost of a tangible asset over its useful life and is a true operating expense. 22 Agenda Item No. 3 11 PARKS AND REC DEPART Run On: 09/16/2021 at 04:40 PM Account Account Title REVENUES TAXES 601208 Delinquent Tax Prior Years 601637 Property Tax Levy TOTAL TAXES SPECIAL ASSESSMENTS TOTAL SPECIAL ASSESSMENTS FEDERAL GRANTS TOTAL FEDERAL GRANTS STATE GRANTS 615572 State Capital Grants TOTAL STATE GRANTS OTHER INTERGOVERNMENTAL REVENUES 620573 Local Comm Stabilization Share TOTAL OTHER INTERGOVERNMENTAL REVENUES CHARGES FOR SERVICES 630084 Antenna Site Management 630301 Commission Contracts 630308 Commission Food Services 630469 Deck Tennis 630644 Entrance Fees Gen Admission 630651 Entrance Fees Swimming Class 630693 Fees Camping 630700 Fees Day Use 630707 Fees Driving Range 630847 Greens Fees 631001 Interest on Delinquent Taxes 631127 Maintenance Contracts 631253 Miscellaneous 631330 NSF Check Fees 631743 Refunds Miscellaneous 631771 Reimb 3rd Party 631799 Reimb Contracts 631911 Rent House 631918 Rental Equipment 631925 Rental Facilities 631932 Rental Golf Carts 631946 Rental Units or Events 632037 Sales Retail 632128 Special and Sanctioned Races 632135 Special Contracts 632261 Temporary Licenses 632443 Water Feature Ride 632471 Weekly Races TOTAL CHARGES FOR SERVICES EXT ISF CHARGES FOR SERVICES TOTAL EXT ISF CHARGES FOR SERVICES INDIRECT COST RECOVERY TOTAL INDIRECT COST RECOVERY CONTRIBUTIONS 650104 Contributions Operating 650105 Contributions -State Grants COUNTY OF OAKLAND August, Fiscal Year 2021 Monthly Report REVENUE & EXPENDITURE REPORT As of Date: 08/31/2021 Fund: 50800 - Parks and Recreation 2021 Adopted Budget 25,000.00 13,740,000.00 13, 765, 000.00 2021 Amended Budget 290,250.00 21,321,050.00 21, 611, 300.00 - 199,000.00 199,000.00 2021 YTD Actuals 691,431.52 20,885,920.66 21, 577, 352.18 Variance with Amended Budget 401,181.52 (435,129.34) (33, 947.82) (199,000.00) (199, 000.00) Percentage 238.22% 97.96% 99.84% 0.00% 0.00% 0.00% 0.00% 250,000.00 250,000.00 327,988.66 77,988.66 131.20% 250, 000.00 250, 000.00 327, 988.66 77, 988.66 131.20 % 66,306.00 66,306.00 67,679.98 1,373.98 102.07% 40,750.00 40,750.00 17,890.20 (22,859.80) 43.90% 78,495.00 78,495.00 4,655.17 (73,839.83) 5.93% 4,000.00 4,000.00 7,330.00 3,330.00 183.25% 1,825,000.00 1,825,000.00 753,176.00 (1,071,824.00) 41.27% 13,000.00 13,000.00 - (13,000.00) 0.00% 1,554,000.00 1,554,000.00 1,654,308.13 100,308.13 106.45% 1,092,100.00 1,092,100.00 822,716.00 (269,384.00) 75.33% 93,000.00 93,000.00 119,760.00 26,760.00 128.77% 2,436,500.00 2,436,500.00 2,792,000.95 355,500.95 114.59% (1,000.00) (1,000.00) (260.98) 739.02 26.10% 8,000.00 8,000.00 32,638.69 24,638.69 407.98% 3,815.00 3,815.00 5,128.48 1,313.48 134.43% 25.00 25.00 - (25.00) 0.00% 4,900.00 4,900.00 2,524.62 (2,375.38) 51.52% 200.00 200.00 1,631.43 1,431.43 815.72% 278,100.00 278,100.00 232,852.49 (45,247.51) 83.73% 71,125.00 71,125.00 55,594.00 (15, 531.00) 78.16% 79,400.00 79,400.00 37,928.25 (41,471.75) 47.77% 649,700.00 649,700.00 418,470.00 (231,230.00) 64.41 % 1,152,000.00 1,152,000.00 1,161,583.80 9,583.80 100.83% 173,000.00 173,000.00 64,732.50 (108,267.50) 37.42% 1,095,500.00 1,095,500.00 624,043.41 (471,456.59) 56.96% - - 10,112.00 10,112.00 0.00% 172,500.00 172,500.00 30,869.00 (141,631.00) 17.90% 7,000.00 7,000.00 26,300.00 19,300.00 375.71% 6,000.00 6,000.00 - (6,000.00) 0.00% - - 3,304.00 3,304.00 0.00% 10,903,416.00 10,903,416.00 8,946,968.12 (1,956,447.88) 82.06% - - - - 0.00% - - - - 0.00% 800.00 2,844.00 8,305.00 5,461.00 292.02% 30,000.00 30,000.00 - (30,000.00) 0.00% 23 11 PARKS AND REC DEPART Run On: 09/16/2021 at 04:40 PM COUNTY OF OAKLAND August, Fiscal Year 2021 Monthly Report REVENUE & EXPENDITURE REPORT As of Date: 08/31/2021 Fund: 50800 - Parks and Recreation 2021 2021 Variance with Adopted Amended 2021 Amended Account Account Title Budget Budget YTD Actuals Budget Percentage 650305 Sponsorships 82,500.00 82,500.00 - (82,500.00) 0.00% TOTAL CONTRIBUTIONS 113,300.00 115,344.00 8,305.00 (107,039.00) 7.20% INVESTMENT INCOME 655077 Accrued Interest Adjustments 40,000.00 20,000.00 (37,377.65) (57,377.65) -186.89% 655385 Income from Investments 400,000.00 238,000.00 188,468.82 (49,531.18) 79.19% TOTAL INVESTMENT INCOME 440,000.00 258,000.00 151,091.17 (106,908.83) 58.56% OTHER REVENUE 670114 Cash Overages - - 228.44 228.44 0.00% 670456 Prior Years Adjustments - 43,559.00 43,563.89 4.89 100.01 % 670570 Refund Prior Years Expenditure - 2,027.00 2,326.63 299.63 114.78% 670627 Sale of Equipment - - 1,100.33 1,100.33 0.00% 670741 Sale of Scrap - - 539.13 539.13 0.00% TOTAL OTHER REVENUES - 45,586.00 47,758.42 2,172.42 104.77% GAIN(LOSS) EXCHANGE OF ASSETS 675356 Loss on Sale of Equipment - - (31,448.76) (31,448.76) 0.00% 675660 Gain on Sale of Vehicles - - 10,882.90 10,882.90 0.00% TOTAL GAIN(LOSS) EXCHANGE OF ASSETS - - (20,565.86) (20,565.86) 0.00% CAPITAL CONTRIBUTIONS 690189 Capital Asset Contributions - 71,675.00 46,675.00 (25,000.00) 65.12% TOTAL CAPITAL CONTRIBUTIONS - 71,675.00 46,675.00 (25,000.00) 65.12% INSURANCE RECOVERIES TOTAL INSURANCE RECOVERIES - - - - 0.00% PROCEEDS ISSUANCE OF BONDS TOTAL PROCEEDS ISSUANCE OF BONDS - - - - 0.00% TRANSFERS IN 695500 Transfers In - 25,958.00 25,958.00 - 100.00% TOTAL TRANSFERS IN - 25,958.00 25,958.00 - 100.00% PLANNED USE OF FUND BALANCE 665882 Planned Use of Balance 2,611,046.00 - - - 0.00% TOTAL PLANNED USE OF FUND BALANCE 2,611,046.00 - - - 0.00% TOTAL REVENUES 28,082,762.00 33,480,279.00 31,111,530.69 (2,368,748.31) EXPENDITURES SALARIES 702010 Salaries Regular 10,773,462.00 11,525,829.00 7,585,255.76 3,940,573.24 65.81% 702030 Holiday - - 244,627.56 (244,627.56) 0.00% 702050 Annual Leave - - 277,903.99 (277,903.99) 0.00% 702073 Parental Leave - - 6,860.56 (6,860.56) 0.00% 702080 Sick Leave - - 112,596.80 (112,596.80) 0.00% 702100 Retroactive - - 802.44 (802.44) 0.00% 702110 Per Diem 9,500.00 9,500.00 8,010.00 1,490.00 84.32% 702140 Other Miscellaneous Salaries - - 44,062.53 (44,062.53) 0.00% 702190 Workers Compensation Pay - - 506.79 (506.79) 0.00% 702200 Death Leave - - 9,350.99 (9,350.99) 0.00% 702300 Disaster Non -Prod Salaries - - 40,318.29 (40,318.29) 0.00% 712020 Overtime 179,900.00 179,900.00 126,722.15 53,177.85 70.44% 712040 Holiday Overtime 1,000.00 1,000.00 8,373.28 (7,373.28) 837.33% 712090 On Call 30,300.00 30,300.00 63,163.77 (32,863.77) 208.46% 24 11 PARKS AND REC DEPART Run On: 09/16/2021 at 04:40 PM Account Account Title TOTAL SALARIES FRINGE BENEFITS 722740 Fringe Benefits 722750 Workers Compensation 722760 Group Life 722770 Retirement 722780 Hospitalization 722790 Social Security 722800 Dental 722810 Disability 722820 Unemployment Insurance 722850 Optical 722900 Fringe Benefit Adjustments TOTAL FRINGE BENEFITS TOTAL CONTROLLABLE PERSONNEL CONTRACTUAL SERVICES 730037 Adj Prior Years Exp 730044 Adj Prior Years Revenue 730072 Advertising 730114 Auction Expense 730121 Bank Charges 730198 Building Maintenance Charges 730240 Cash Shortage 730247 Charge Card Fee 730373 Contracted Services 730429 Custodial Services 730562 Electrical Service 730611 Employees Medical Exams 730646 Equipment Maintenance 730653 Equipment Rental 730786 Garbage and Rubbish Disposal 730789 General Program Administration 730814 Grounds Maintenance 730926 Indirect Costs 731059 Laundry and Cleaning 731073 Legal Services 731115 Licenses and Permits 731136 Logos Trademarks Intellect Prp 731143 Mail Handling -Postage Svc 731213 Membership Dues 731241 Miscellaneous 731269 Natural Gas 731339 Periodicals Books Publ Sub 731346 Personal Mileage 731388 Printing 731500 Public Information 731577 Refund Prior Years Revenue 731626 Rent 731633 Rental Property Maintenance 731689 Security Expense 731780 Software Support Maintenance 731836 Sponsorship 731878 Sublet Repairs 731941 Training 732018 Travel and Conference 732020 Travel Employee Taxable Meals 732039 Twp and City Treas Bonds 732046 Uncollectable Accts Receivable COUNTY OF OAKLAND August, Fiscal Year 2021 Monthly Report REVENUE & EXPENDITURE REPORT As of Date: 08/31/2021 Fund: 50800 - Parks and Recreation 2021 Adopted Budget 10, 994,162.00 3,842,419.00 5,656.00 3,848,075.00 14, 842, 237.00 105,000.00 5,000.00 556,450.00 161,750.00 99,900.00 25,250.00 590, 750.00 1,170.00 460, 500.00 107,290.00 48, 900.00 918,450.00 1,069,550.00 1,023,000.00 16,895.00 500.00 33,275.00 5,025.00 18, 520.00 25,550.00 179,650.00 850.00 15,400.00 68,050.00 50,835.00 54,415.00 13,600.00 1,172,942.00 16,480.00 8,700.00 600.00 45,925.00 50, 500.00 600.00 2,500.00 2021 Amended Budget 11,746,529.00 3,842,669.00 110,322.00 3, 952, 991.00 15, 699, 520.00 3,058.00 4,671.00 105,000.00 5,000.00 591, 735.00 161, 750.00 109, 950.00 25,250.00 590,750.00 1,170.00 460,500.00 118,240.00 48,900.00 764,095.00 1,360,113.00 1,023,000.00 16,895.00 500.00 33,275.00 5,025.00 18,520.00 25,675.00 179,650.00 850.00 15,400.00 68,050.00 50,835.00 54,415.00 13,600.00 1,172,942.00 16,480.00 8,700.00 600.00 45,925.00 50,500.00 600.00 2,500.00 219,462.00 2021 YTD Actuals 8, 528, 554.91 169,865.33 10,518.34 1,423,477.06 812, 549.24 434,877.44 79,826.71 77, 599.62 8,478.81 7,623.13 3,024,815.68 11, 553, 370.59 8,701.51 4,670.92 56,220.41 284.54 2,820.60 519,876.33 764.70 173,322.34 112,194.05 14,986.73 414,694.97 504.96 390,687.23 189,121.35 32,363.05 1,235,741.71 656,893.50 11,627.32 1,016.99 28,379.69 5,146.60 265.48 10,619.27 11,768.13 124,128.50 166.66 5,096.33 26,595.92 21,126.74 36,400.00 4,034.54 959,040.09 12,706.76 2,500.00 16,927.26 4,777.59 3,663.24 220,156.84 Variance with Amended Budget 3,217,974.09 3,842,669.00 (169, 865.33) (10,518.34) (1,423,477.06) (812,549.24) (434,877.44) (79,826.71) (77,599.62) (8,478.81) (7,623.13) 110,322.00 928,175.32 4,146,149.41 (5,643.51) 0.08 48,779.59 (284.54) 2,179.40 71, 858.67 (764.70) (11, 572.34) (2,244.05) 10,263.27 176,055.03 665.04 69,812.77 (70,881.35) 16, 536.95 764, 095.00 124,371.29 366,106.50 5,267.68 (516.99) 4,895.31 (121.60) (265.48) 7,900.73 13, 906.87 55, 521.50 683.34 10,303.67 41,454.08 29,708.26 (36,400.00) 54,415.00 9,565.46 213,901.91 3,773.24 6,200.00 600.00 28,997.74 45, 722.41 600.00 (1,163.24) (694.84) Percentage 72.60% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 76.52% 284.55% 100.00% 53.54% 0.00% 56.41 % 87.86% 0.00% 107.15% 102.04% 59.35% 70.20% 43.16% 84.84% 159.95% 66.18% 0.00% 90.86% 64.21 % 68.82% 203.40% 85.29% 102.42% 0.00% 57.34% 45.83% 69.09% 19.61 % 33.09% 39.08% 41.56% 0.00% 0.00% 29.67% 81.76% 77.10% 28.74% 0.00% 36.86% 9.46% 0.00% 146.53% 100.32% 25 11 PARKS AND REC DEPART Run On: 09/16/2021 at 04:40 PM Account Account Title 732102 Water and Sewage Charges 732165 Workshops and Meeting TOTAL CONTRACTUAL SERVICES NON DEPARTMENTAL TOTAL NON DEPARTMENTAL COMMODITIES 750063 Custodial Supplies 750140 Employee Footwear 750154 Expendable Equipment 750287 Maintenance Supplies 750385 Merchandise 750392 Metered Postage 750399 Office Supplies 750448 Postage -Standard Mailing 750476 Recreation Supplies 750504 Small Tools 750511 Special Event Supplies 750581 Uniforms TOTAL COMMODITIES CAPITAL OUTLAY TOTAL CAPITAL OUTLAY DEPRECIATION 761042 Depreciation Park Improvements 761084 Depreciation Buildings 761121 Depreciation Equipment 761156 Depreciation Vehicles TOTAL DEPRECIATION INTERGOVERNMENTAL 762011 Transfer to Municipalities TOTAL INTERGOVERNMENTAL BENEFIT PAYMENTS - RETIREMENT TOTAL BENEFIT PAYMENTS - RETIREMENT PRINCIPAL PAYMENTS TOTAL PRINCIPAL PAYMENTS INTEREST ON DEBT TOTAL INTEREST ON DEBT PAYING AGENT FEES TOTAL PAYING AGENT FEES PYMT TO REFUND BOND ESCROW AGENT TOTAL PYMT TO REFUND BOND ESCROW AGENT DISCOUNT ON BONDS ISSUED TOTAL DISCOUNT ON BONDS ISSUED TOTAL CONTROLLABLE OPERATING INTERNAL SERVICES 771639 Drain Equipment 773630 Info Tech Development 774636 Info Tech Operations COUNTY OF OAKLAND August, Fiscal Year 2021 Monthly Report REVENUE & EXPENDITURE REPORT As of Date: 08/31/2021 Fund: 50800 - Parks and Recreation 2021 2021 Variance with Adopted Amended 2021 Amended Budget Budget YTD Actuals Budget Percentage 274,250.00 274,250.00 250,686.71 23,563.29 91.41 % 1,750.00 1,750.00 257.57 1,492.43 14.72% 7, 229, 772.00 7, 649, 581.00 5, 570, 937.13 2, 078, 643.87 72.83 % - - - - 0.00% 79,550.00 79,550.00 44,772.75 34,777.25 56.28% 7,140.00 7,140.00 3,647.98 3,492.02 51.09% 134,400.00 133,077.00 79,843.91 53,233.09 60.00% 3,300.00 3,300.00 3,382.58 (82.58) 102.50% 487,600.00 487,600.00 264,872.18 222,727.82 54.32% 8,000.00 8,000.00 3,916.40 4,083.60 48.96% 47,400.00 47,400.00 29,652.67 17,747.33 62.56% - - 44.00 (44.00) 0.00% 113,800.00 113,800.00 80,213.27 33,586.73 70.49% 119,975.00 119,975.00 75,886.46 44,088.54 63.25% 143,400.00 143,674.00 72,943.44 70,730.56 50.77% 68,850.00 68,850.00 60,102.52 8,747.48 87.29% 1,213,415.00 1,212,366.00 719,278.16 493,087.84 59.33% - - - - 0.00% 1,746,537.00 1,954,437.00 1,721,047.34 233,389.66 88.06% 841,250.00 901,150.00 878,832.57 22,317.43 97.52% 248,610.00 415,610.00 373,860.06 41,749.94 89.95% 38,400.00 18,100.00 10,994.38 7,105.62 60.74% 2, 874, 797.00 3, 289, 29 7.00 2, 984, 734.35 304, 562.65 90.74 % 276,320.00 797,570.00 1,010,650.00 (213,080.00) 126.72% 276, 320.00 797, 570.00 1, 010, 650.00 (213, 080.00) 126.72% - - - - 0.00% - - - - 0.00% - - - - 0.00% - - - - 0.00% - - - - 0.00% - - - - 0.00% 11,594,304.00 12,948,814.00 10,285,599.64 2,663,214.36 27,000.00 27,000.00 22,252.63 4,747.37 82.42% 25,000.00 25,000.00 27,249.50 (2,249.50) 109.00% 573,327.00 573,327.00 407,055.86 166,271.14 71.00% 26 11 PARKS AND REC DEPART Run On: 09/16/2021 at 04:40 PM Account Account Title 774637 Info Tech Managed Print Svcs 774677 Insurance Fund 775754 Maintenance Department Charges 776659 Motor Pool Fuel Charges 776661 Motor Pool 778675 Telephone Communications TOTAL INTERNAL SERVICES TOTAL INTERNAL SUPPORT TRANSFERS OUT 788001 Transfers Out TOTAL TRANSFERS OUT BUDGETED EQUITY ADJUSTMENTS 796500 Budgeted Equity Adjustments TOTAL BUDGETED EQUITY ADJUSTMENTS TOTAL EXPENDITURES COUNTY OF OAKLAND August, Fiscal Year 2021 Monthly Report REVENUE & EXPENDITURE REPORT As of Date: 08/31/2021 Fund: 50800 - Parks and Recreation 2021 2021 Variance with Adopted Amended 2021 Amended Budget Budget YTD Actuals Budget Percentage 28,950.00 28,950.00 11,347.03 17,602.97 39.20% 252,050.00 252,050.00 242,410.15 9,639.85 96.18% 78,500.00 78,500.00 29,521.72 48,978.28 37.61 % 89,820.00 89,820.00 48,739.72 41,080.28 54.26% 410,754.00 410,754.00 291,926.51 118,827.49 71.07% 130,820.00 130,820.00 118,250.68 12,569.32 90.39% 1,616,221.00 1,616,221.00 1,198,753.80 417,467.20 74.17% 1,616,221.00 1,616,221.00 1,198,753.80 417,467.20 30,000.00 30,000.00 - 30,000.00 0.00% 30, 000.00 30, 000.00 - 30, 000.00 0.00% - 3,185,724.00 - 3,185,724.00 0.00% - 3,185, 724.00 - 3,185, 724.00 0.00% 28, 082, 762.00 33, 480, 279.00 23, 037, 724.03 10, 442, 554.97 27 Agenda Item No. 4 OAKLAND COUNTY PARKS & RECREATION COMMISSION Capital Equipment Report Fiscal Month 11, FY2021, as of 8/31/2021 *** Please inform Fiscal Services of any planned changes in budgeted purchases *** Date Budget Actual Projected (Over)/Under Approved Qty. Center Item Category Budget Expense Expense Budget Comments 06/03/20 1 ADD Zero Turn Mower P EQP 14,000.00 18,116.00 - 06/03/20 1 ADD Utility Vehicle P_EQP 9,500.00 9,781.99 - ADD Total 23,500.00 27,897.99 - 07/01/20 1 FM Boat Wash Station P_EQP 35,662.50 36,705.00 - 07/01/20 1 FM Boat Wash Station P_EQP 35,662.50 36,705.00 - 06/03/20 1 FM Generator P EQP 27,000.00 28,163.00 - FM Total 98,325.00 101,573.00 - 06/03/20 1 CAT Utility Vehicle w/top P_EQP 12,000.00 12,814.36 - CAT Total 12,000.00 12,814.36 - 06/03/20 1 GLG Utility Vehicle P_EQP 9,500.00 7,828.55 - 06/03/20 1 GLG Utility Vehicle P_EQP 9,500.00 7,828.55 - 06/03/20 1 GLG Turbine Blower P EQP 8,000.00 7,964.66 - GLG Total 27,000.00 23,621.76 - 06/03/20 1 GRV Zero Turn Mower P EQP 14,000.00 13,629.00 - 06/03/20 1 GRV Dump Trailer P_EQP 9,000.00 7,201.00 - GRV Total 23,000.00 20,830.00 - 06/03/20 1 LYG Fairway Mower P_EQP 58,000.00 62,074.68 - 06/03/20 1 LYG Greens Mower P EQP 38,000.00 38,944.91 - 03/03/21 1 LYG ADA Golf Cart P EQP 12,323.00 12,323.10 - LYG Total 96,000.00 101,019.59 - 06/03/20 1 ORN Zero Turn Mower P EQP 14,000.00 13,127.00 - ORN Total 14,000.00 13,127.00 - 06/03/20 1 REC Trailer P EQP 11,000.00 7,014.00 - 05/05/21 1 REC Movie Screen and Audio Transmitter P EQP 16,697.00 16,697.00 - REC Total 27,697.00 23,711.00 - 06/03/20 1 SPG Turbine Blower P EQP 8,000.00 7,964.66 - SPG Total 8,000.00 7,964.66 - 06/03/20 1 WTR Utility Vehicle P_EQP 9,000.00 7,828.55 - WTR Total 9,000.00 7,828.55 - 06/03/20 1 WLG Greens Mower P EQP 32,000.00 33,532.42 - WLG Total 32,000.00 33,532.42 - Grand Total 382,845.00 386,243.43 - (4,116.00) V#1488914 Asset ID# 13384 (281.99) V#1499915 Asset ID# 13433 (4,397.99) V#1479392 Asset ID#13346. (1,042.50) V#1490227 Addition to asset (cover). V#1479392 Asset ID#13365. (1,042.50) V#1490227 Addition to asset (cover) (1,163.00) V#1507016 Asset ID# 13484 (3,248.00) (814.36) V#1499917 Asset ID# 13434 (814.36) 1,671.45 V#1500579 Asset ID# 13440 1,671.45 V#1500579 Asset ID# 13458 35.34 V#1499918 Asset ID# 13435 3,378.24 371.00 V#1506140 Asset ID# 13473 1,799.00 V#1491490 Asset I D# 13396 2,170.00 (4,074.68) V#1507014 Asset ID# 13483 (944.91) V# 1511794 Asset I D# 13509 (0.10) V#1549053 Asset ID# 13652 (5,019.59) 873.00 V#1499920 Asset ID# 13436 873.00 3,986.00 V#1511168 Asset ID# 13506 - V#1535140 Asset ID# 13601 3,986.00 35.34 V#1495975 Asset ID# 13412 35.34 1,171.45 V#1535132 Asset I D# 13600 1,171.45 (1,532.42) V# 1511788 Asset ID# 13508 (1,532.42) (3,398.43) 28 Agenda Item No. 5 Oakland County Parks and Recreation Commission Monthly Average Comparison Report (Comparison of FY 2021 Actuals with 5-Year Average Actuals) As of August 31, 2021 Unrestricted Net 12021 A-r&d Position 10/1/20 Budget I October November December January February March April May June July August September YEAR TO DATE REVENUES: 5-YEAR AVERAGE REVENUE $436,459 $161,009 $1,079,094 $7,393,102 $2,459,070 $1,876,231 $1,498,218 $1,329,199 $1,753,125 $1,983,312 $1,697,718 $1,544,654 Percentage of Total 1.88% 0.69% 4.65% 31.85% 10.59% 8.08% 6.45% 5.73% 7.55% 8.54% 7.31% 6.65% Amended Budget/Alottment $33,480,279 $629,557 $232,243 $1.556,507 $10,663,956 $3,547,011 $2,706,313 $2,161,059 $1,917,262 $2,528,743 $2,860,768 $2,448,822 $2,228,040 $33,480.279 Actual Revenues by Controllable Cateeorv: Taxes $1,629 $2,067 $91,051 $9,512,453 $7,542,922 $2,653,728 $677,690 $389,566 $691,699 $1,943 $12,604 $21,577,352 Intergovernmental Revenues $0 $0 $0 $0 $0 $0 $140,126 $187,863 $0 $0 $0 $327,989 Charges for Services $552,943 $220,447 $94,934 $202,916 $132,365 $314,386 $1,096,917 $1,506,925 $1,348,462 $1,425,603 $2,051,070 $9,946,968 Contributions and Capital Contributions $0 $100 $1,500 $180 $46,675 $0 $20 $2,075 $0 $2,350 $2,080 $54,980 Investment Income $15,338 $12,830 $10,393 $9,726 $8,028 $10,820 $52,149 $6,471 $13,931 $9,954 $1,451 $151,091 Other Revenue $10,529 $2,032 $43,906 $885 $5 ($8,805) $16 $33 ($21,604) $167 $29 $27,193 Transfers In $0 $0 $0 $0 $25,958 $0 $0 $0 $0 $0 $0 $25,958 Total Actuals $590,439 $237,477 $241,784 $9,726,160 $7,755,953 $2,970,128 $1,966,918 $2,092,932 $2,032,488 $1,440,018 $2,067,234 $0 $31,111,531 Avg. Monthly Revenue Over/(Under) ($49117) $5,234 ($1,314,723) ($937,797) $4.208,942 $263,815 ($194,141) $175,670 ($496,255) ($1,420,750) ($381,588) ($140,709) EXPENSES: 5-YEAR AVERAGE EXPENSE $1,553,168 $1,545,894 $1,853,026 $1,550,459 $1,433,759 $1,993,708 $1,790,165 $2,149,129 $2,881,255 $2,590,014 $2,586,843 $3,085,707 Percentage of Total 6.21% 6.18% 7.41% 6.20% 5.73% 7.97% 7.16% 8.59% 11.52% 10.35% 10.34% 12.34% Amended Budget/Alottment $33,480,279 S2,078,928 S2,069,192 $2,480,290 $2,075.302 $1.919,098 $2,668,595 $2,396,150 $2,876,627 $3,856584 S3.466,756 $3,462,511 34,130,245 $33,480.279 Actual Exoenses by Controllable Cateeorv: Salaries 612,263.93 641,710.25 523,114.96 727,308.33 525,159.37 560,403.36 657,044.08 825,891.31 931,291.34 1,538,775.20 $ 985,592.78 $8,528,555 Fringe Benefits 216,201.60 246,566.54 237,539.55 365,811.09 250,289.24 252,542.61 249,823.25 260,547.65 262,659.39 412,654.34 270,180.42 $3,024,816 Contractual Services 42,465.30 488,408.96 555,537.37 424,868.65 317,229.35 634,701.66 351,773.31 305,834.44 1,178,247.52 508,799.18 763,071.39 $5,570,937 Commodities 37,585.58 13,147.64 15,653.03 10,957.33 16,041.49 26,814.01 67,038.20 92,144.55 183,928.21 118,660.83 137,307.29 $719278 Depreciation 273,070.30 273,070.29 273,651.27 278,317.65 282,037.60 211,154.73 278,514.31 278,514.31 279,767.99 277,018.51 279,617.39 $2,994,734 Internal Services 64,669.92 56,823.56 234,191.86 49,262.72 51,770.52 193,361.45 52,874.77 140,292.16 242,296.87 51,957.16 61,252.81 $1,198,754 Intergovernmental - - 1,010,650.00 $2,010,650 Transfers Out - - $0 Actuals $1,246,257 $1,729,727 $1,839,688 $1,856,526 $1,442,528 $1,878,978 $1,657,068 $1,903,224 $3,078,191 $2,907,865 $3,507,672 $0 $23,037,724 Avg. Monthly Expenses (Over)/Under $832,671 $349,465 $640,602 $218,777 $476,571 $789,617 $739,092 $973,402 $778,393 $558,891 ($45,161) $6,312,310 Total Avg Monthly Favorability/(Unfavorability) $783,554 $354,699 ($674,120) ($719,020) $4,685,513 $1,053,432 $544,942 $1,249,072 $282,138 ($861,859) ($426,749) $6,171,602 TOTALS: Monthly Actual Revenue Over/(Under) Expenses ($665,817) ($1,482,251) ($1,597,904) $7,869,634 $6,313,425 $1,091,150 $309,950 $199,708 ($1,045,703) ($1,467,847) ($1,440,438) $0 $8,073,807 Cumulative Actual Revenue Over/(Under) Expenses ($665,817) ($2,148,068) ($3,745,972) $4,123,662 $10,437,087 $11,528,238 $11,838,087 $12,027,795 $10,982,092 $9,514,245 $8,073,807 Unrestricted Net Position $18,603,825 $ 19,130,809 $ 16,549,558 $ 14,242,676 $ 22,085,747 $ 28,321,404 $ 29,211,373 $ 29,372,594 $ 29,711,775 $ 28,597,122 $ 27,377,088 $26,159,397 Projected Operating Variance- September $ (1,902,205) $ (1,902,205) Add: Depreciation $ 279,800 $ 279,800 Projected impact on net position from operations $ (1,622,405) ($1,622,405) Prepared by Fiscal Services 9/28/2021 October 2021 MACR Monthly Average Comparisor2grt (MACR) Agenda Item No. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Parks and Recreation Commission ACTIVE CAPITAL IMPROVEMENT PROJECTS BUDGET TO ACTUAL EXPENSE REPORT (as of September 17, 2021) Project ID Description Start Date Last Transaction Date Budget 100000002821 CAT Storage Electrical 7/12/2018 9/2/2021 $52,056.00 100000003412 GRV Bball Court Paving 3/19/2021 3/19/2021 $14,652.00 100000003071 GRV Ped Bridge Repl (150) 11/13/2019 10/19/2020 $18,352.00 100000003528 GRV Playground Equipment 8/23/2021 9/14/2021 $8,000.00 100000003527 HRV Bestop Air Station 8/16/2021 9/14/2021 $45,000.00 100000003171 HRV Contact Station 5/4/2020 3/31/2021 $20,000.00 100000003526 HRV Mt. Magna - Phase II 8/16/2021 8/16/2021 $10,000.00 100000003172 HRV Parking Lot Dev 5/4/2020 9/8/2021 $226,244.00 100000002915 IND Bailey House Conv Mitigat 11/30/2018 3/29/2021 $40,000.00 100000003168 IND Network Upgrade 5/4/2020 9/30/2020 $30,000.00 100000003302 RDP Emergency HVAC Repl 11/13/2020 6/16/2021 $16,900.00 100000002958 RWP Child WtrStruct Repl 3/25/2019 8/31/2021 $1,599,540.00 100000003070 SAC HVAC Replacement 11/13/2019 9/2/2021 $433,785.00 100000003128 SAC Millpond Dam Restoration 3/26/2020 9/8/2021 $228,240.00 100000003227 SAC Network Upgrade 6/25/2020 6/30/2021 $15,000.00 100000002959 SAC Stormwater Imp 3/25/2019 10/22/2019 $27,027.00 100000003357 SAC Water System Well Replc 1/25/2021 8/11/2021 $223,202.00 100000003363 SPG Park House Roof Rpl 1/27/2021 7/31/2021 $7,000.00 100000003478 Troy Property Acquisition 7/3/2021 7/15/2021 $60,000.00 $3,074,998.00 FY2021 Projects Closed/Capitalized to Date CIP Project q Description 100000002532 SAC Water Quality Impr. 100000002754 CAT Perimeter Path 100000002755 CAT Sports Field Grading Irr 100000002853 SPG Roof Replacement 100000002856 SPR Roof Replacement 100000002880 RWP Wave Pool Duct Rpl 100000003076 LYC Drain System Repl 100000003093 ACC Electrical Improvements 100000003160 RWP San. Pump Station 100000003170 HRV Mt Magna Dev 100000003258 LYG Irrig. Well Replacement 100000003259 RWP Shade Structure 100000003324 RWP Spl Pad Family Restroom 100000003396 ADD Maint. Well Replacement 100000003411 ADD Maint Yard Paving 100000003414 IND Bailey House Boundary Capital Improvement Total: (as of September 17, 2021) Expenses to Date Remaining Budget Percentage Completion $44,819.01 $7,236.99 86.10% $0.00 $14,652.00 0.00% $18,352.00 $0.00 100.00% $7,662.00 $338.00 95.78% $11,548.03 $33,451.97 25.66% $737.59 $19,262.41 3.69% $0.00 $10,000.00 0.00% $239,615.49 ($13,371.49) 105.91% $66,449.36 ($26,449.36) 166.12% $30,000.00 $0.00 100.00% $14,062.00 $2,838.00 83.21% $1,591,007.05 $8,532.95 9947% $428,007.78 $5,777.22 98.67% $186,816.42 $41,423.58 81.85% $8,148.16 $6,851.84 54.32% $24,789.00 $2,238.00 91.72% $210,436.79 $12,765.21 94 28% $5,688.95 $1,311.05 8127% $15,000.00 $45,000.00 25.00% $2,903,139.63 $171,858.37 Amount $ 926,195.01 $ 161,622.70 $ 480,670.00 $ 47,481.55 $ 47,327.54 $ 18,915.00 $ 10,108.60 $ 368,376.34 $ 266,423.42 $ 86,420.19 $ 34,506.64 $ 37,485.66 $ 286,959.88 $ 9,719.60 $ 26,392.00 $ 7,120.00 $2,815,724.13 $5,718,863.76 Prepared by Fiscal Services: 9/28/2021 13 October CIP Budget to Actual Expense CIP - Budget to Actual Report 30 Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: 7 Department: Administration From: Phil Castonia, Chief of Business Operations Subject: Monthly Purchasing Report Memo — Receive and File INTRODUCTION AND HISTORY Today staff will present a monthly status report on the Purchasing Activity from Month 11 of Fiscal Year 2021 (August 2021) for Parks and Recreation. ATTACHMENTS Monthly Purchasing Expenditure Report — August 2021 Monthly Contract Activity LogExpenditure Report _ August 2021 No Activity STAFF RECOMMENDATION Receive and File 31 Agenda Item No. 7 FM I Department Title I Account Title I Trans. Amount 11 Addison Oaks Conference Ctr Depreciation Buildings $ 7,554.86 11 Addison Oaks Park Grounds Maintenance $ 5,939.82 11 Addison Oaks Park Security Expense $ 6,853.91 11 Addison Oaks Park Security Expense $ 6,214.88 11 Administrative Services Charge Card Fee $ 7,673.33 11 Capital Improvement Capital Improvement Program $ 11,138.40 11 Capital Improvement Capital Improvement Program $ 13,276.82 11 Capital Improvement Capital Improvement Program $ 14,303.77 11 Catalpa Oaks Park Water and Sewage Charges $ 5,647.75 11 Catalpa Oaks Park Depreciation Park Improvements $ 6,987.26 11 Facilities and Maintenance Motor Pool $ 9,569.38 11 Glen Oaks Conference Center Depreciation Buildings $ 7,277.31 11 Glen Oaks Golf Grounds Maintenance $ 5,059.60 11 Glen Oaks Golf Grounds Maintenance $ 7,385.22 11 Glen Oaks Golf Depreciation Park Improvements $ 7,076.38 11 Groveland Oaks Park Electrical Service $ 6,307.76 11 Groveland Oaks Park Security Expense $ 6,628.37 11 Groveland Oaks Park Security Expense $ 6,816.32 11 Groveland Oaks Park Merchandise $ 5,527.26 11 Groveland Oaks Park Depreciation Park Improvements $ 17,602.45 11 Groveland Oaks Park Depreciation Buildings $ 6,796.25 11 Independence Oaks Park Depreciation Park Improvements $ 9,867.37 11 Independence Oaks Park Depreciation Buildings $ 6,398.25 11 Lyon Oaks Conference Center Depreciation Buildings $ 7,188.67 11 Lyon Oaks Golf Charge Card Fee $ 5,128.96 11 Lyon Oaks Golf FA Proprietary Equipment Exp $ 12,323.10 11 Lyon Oaks Golf Merchandise $ 13,801.01 11 Lyon Oaks Golf Depreciation Buildings $ 5,475.00 11 Lyon Oaks Restaurant Svc Merchandise $ 14,786.47 11 Off -Road Vehicle Park Equipment Rental $ 6,503.70 11 Off -Road Vehicle Park Equipment Rental $ 7,221.00 11 Off -Road Vehicle Park Equipment Rental $ 6,503.70 11 Rec Programs and Services Uniforms $ 5,735.71 11 Rec Programs and Services Uniforms $ 5,735.71 11 Rec Programs and Services Motor Pool $ 5,763.87 11 Red Oaks Golf Grounds Maintenance $ 5,138.00 11 Red Oaks Golf Water and Sewage Charges $ 11,064.96 11 Red Oaks Golf Depreciation Park Improvements $ 8,474.01 11 Red Oaks Waterpark Building Maintenance Charges $ 6,694.93 11 Red Oaks Waterpark Building Maintenance Charges $ 7,661.17 11 Red Oaks Waterpark Electrical Service $ 11,258.72 11 Red Oaks Waterpark Security Expense $ 5,243.81 11 Red Oaks Waterpark Security Expense $ 5,237.54 11 Red Oaks Waterpark Water and Sewage Charges $ 5,938.82 Page 1 of 2 Vendor Name I Additional Accounts Payable Info. Not Vendor Related Comerica Inc DISCRAFT Not Vendor Related CA Projects Not Vendor Related CA Projects Not Vendor Related Charge Card Fee Weaver Barns Ltd Catalpa Oaks Shed Frank Rewold and Son Inc Springfield Oaks Well Project AECOM Technical Services of Michigan Mill Pond Dam Removal and Rest City of Southfield Expense Distribution Not Vendor Related Not Vendor Related Not Vendor Related Harrells LLC Harrells LLC Not Vendor Related Consumers Energy Not Vendor Related Not Vendor Related Not Vendor Related Not Vendor Related Not Vendor Related Not Vendor Related Not Vendor Related Not Vendor Related Not Vendor Related Midwest Golf and Turf Acquisition LLC- Not Vendor Related Not Vendor Related Not Vendor Related MacAllister Machinery Co Inc MacAllister Machinery Co Inc MacAllister Machinery Co Inc Not Vendor Related ALYKO Enterprises LLC Not Vendor Related Harrells LLC City of Madison Heights Not Vendor Related National Restoration Inc National Restoration Inc DTE Energy Not Vendor Related Not Vendor Related City of Madison Heights Motor Pool Fertilizers and Landscape Chem Fertilizers and Landscape Chem Expense Distribution CA Projects CA Projects COGS Estimate August 2021 Charge Card Fee Solo Rider ADA Golf Carts COGS Estimate August 2021 COGS Estimate August 2021 OAKLAND COUNTY PARKS ORV PARK Rental Equipment per quote Rental Equipment per quote V1551616 (ALYKO, INV#21154) Parks Logo Wear, per Price Lis Motor Pool Fertilizers and Landscape Chem Expense Distribution Parks General Construction per Parks General Construction per Expense Distribution CA Projects CA Projects Expense Distribution 32 IFMI 11 11 11 11 11 11 11 11 � 11 Department Title Red Oaks Waterpark Springfield Oaks Park Springfield Oaks Park Springfield Oaks Restaurant Sv Springfield Oaks Restaurant Sv Waterford Oaks Park Waterford Oaks Waterpark White Lake Oaks Conf Center White Lake Oaks Restaurant Svc Account Title Trans. Amount Uniforms $ 11,662.65 Depreciation Park Improvements $ 14,066.50 Depreciation Buildings $ 5,010.74 Merchandise $ 9,428.89 Insurance Fund $ 5,275.00 Depreciation Park Improvements $ 9,948.93 Water and Sewage Charges $ 12,829.49 Depreciation Buildings $ 6,650.03 Merchandise $ 9,536.77 Page 2 of 2 Vendor Name ALYKO Enterprises LLC Not Vendor Related Not Vendor Related Not Vendor Related Not Vendor Related Not Vendor Related Township of Waterford Not Vendor Related Not Vendor Related Additional Accounts Payable Info. Parks Logo Wear, per Price Lis COGS Estimate August 2021 Insurance Fund Expense Distribution COGS Estimate August 2021 33 Agenda Item No. 8 �NTYpAa FY2022 Commission Approval Schedule Wednesday, November 3, 2021 $1,950,500 Concept Approval Holly Oaks ORV Parking Lot - Phase II Capital 200,000 Crane Z Construction Approval Independence Oaks Crooked Lake Dock Replacements Capital 200,000 Crane Z Engineering Approval Independence Oaks Asphalt Road Improvements Capital 1,550,500 Crane Z Wednesday, December 1, 2021 $60,000 Construction Approval Program ARC Flash Compliance Program Maintenance 60,000 Adams M Wednesday, January 5, 2022 $666,000 Concept Approval Glen Oaks Electrical Improvements Capital 140,000 Adams M Independence Oaks Hidden Springs Bathhouse Capital 25,000 Crane Z Improvement Construction Approval Holly Oaks Multiple Parks Multiple Parks Wednesday, February 2, 2022 Construction Approval Groveland Oaks Groveland Oaks Multiple Parks Receive and File Multiple Parks Multiple Parks Program ORV Parking Lot - Phase II Capital Building Equipment Capital, Replacements Maintenance Roof Replacements Capital Cabin Deck Replacements Capital Firewood Shed Replacement Capital Golf Course Irrigation Capital Improvements HVAC Replacements Capital Playground Replacements Capital Pavement Maintenance Program Capital Multiple Parks FY2023 Asset Management Plans Capital, Project List Maintenance, Natural Resources Wednesday, March 2, 2022 Concept Approval Addison Oaks Construction Approval Independence Oaks Red Oaks Wednesday, April 6, 2022 Concept Approval Program Construction Approval Office Conversion/Improvements Capital Asphalt Road Improvements Metal Roof Replacements Facility Condition Assessment FY2022 Commission Approval Schedule 200,000 Crane Z 176,000 Adams M 125,000 Adams M $1,771,000 84,000 Crane Z 15,000 Gibbs C 720,000 Crane Z 562,000 Adams M 240,000 Crane Z 150,000 Crane Z Donnellon M $1,945,500 75,000 Adams M Capital 1,550,500 Crane Z Capital 320,000 Adams M $150,000 Maintenance 50,000 Donnellon M 9/22/2021 34 Multiple Parks Program Program Wednesday, May 4, 2022 Concept Approval Independence Oaks Construction Approval Glen Oaks Wednesday, July 6, 2022 Construction Approval Addison Oaks Wednesday, August 3, 2022 Construction Approval Addison Oaks Wednesday, September 7, 2022 Construction Approval Independence Oaks Wednesday, October 5, 2022 Construction Approval Program Invasive Species Management Natural Cook Maylen Resources Asset Removal Program Maintenance 50,000 Crane Z Sign Replacement Program Maintenance 50,000 Hughes T $165,000 Hidden Springs Bathhouse Capital 25,000 Crane Z Improvement Electrical Improvements Capital 140,000 Adams M $45,000 Group Area Campsite Conversion Capital 45,000 Crane Z $75,000 Office Conversion/Improvements Capital 75,000 Adams M $25,000 Hidden Springs Bathhouse Capital 25,000 Crane Z Improvement $50,000 Facility Condition Assessment Maintenance 50,000 Donnellon M FY2022 Commission Approval Schedule 9/22/2021 35 Agenda Item No. 9 Oakland County Parks and Recreation Commission FY2021 Maintenance Management Plan BUDGET TO ACTUAL EXPENSE REPORT As of September 20, 2021 Cost Title Adopted Adjusted Expended Budget - Center Budget Budget Amount Balance ADM ADA Maintenance Program $20,000 $0 $2,410 ($2,410) GRV Accessible Concrete Campsite Pads $2,410 ADM Fenceline Repair Program $20,000 $20,000 $0 $20,000 RWP SAC Emergency Exit Gates Emergency Exit Gates $10,000 $10,000 ADM Roof Repair Program $20,000 $20,000 $16,752 $3,248 LYC ACC Conference Center Roof Repair Emergency Fire Pump Rebuild/Repair $423 $18,000 $423 $16,329 ADM Asset Removal Program $30,000 $59,796 $46,366 $13,430 IND WTR WLG Oakhill Residence Greenhouse Demolition lRental Home Demoltion $30,000 $8,850 $20,946 $14,138 $10,050 1 $22,178 ADM JPavement Maintenance Program $90,000 $49,738 1 $46,673 1 $3,065 ADD Buhl Trail Asphalt Repairs $6,000 $8,775 SPG Cart Barn Asphalt Repairs $12,150 $10,980 GRV Skate Park Resurfacing $2,430 $3,120 GRV Trail Asphalt Repairs $14,020 $17,999 IND River View/Hawks View Asphalt Repairs $7,000 $0 WTR Admin. Parking Lot Crack Sealing & Striping $0 $5,800 ADM Contingency $8,138 $0 ADM Signage Replacement Program $15,000 $15,000 $2,225 $12,775 LYP Lyon Oaks Park $15,000 $2,225 ADM Arc Flash Compliance Program Phase IV $50,000 $40,300 $29,717 $10,583 SAC Buildings & Grounds $26,500 $23,776 SPG Buildings & Grounds $2,600 $2,581 SPR Buildings & Grounds $3,400 $3,360 WTR BMX & Lookout Lodge $7,800 FM NR Forestry Program $125,000 $125,000 $118,616 $6,384 FM NR Freshwater Stewardship Program $40,000 $40,000 $35,487 $4,513 FM NR Natural Area Stewardship Program $280,000 $350,000 $264,381 $85,619 FM NR Wildlife Management Program $2,750 $2,750 $2,750 FM NR Aerial Deer Survey (2021) $0 $6,480 $6,480 $0 FM NR CISMA $0 $58,241 $21,715 $36,526 ACC Conference Center Stucco Repair $10,000 $10,000 $10,000 ADD Adam's Lake Lodge Deck - Structural Inspection $2,500 $2,500 $3,200 ($700) ADD Disc Golf Course Upgrade $30,000 $30,000 $2,546 $27,454 GLC Window and Door Replacement $50,000 $50,000 $50,000 GRV Cabin 5 - HVAC Replacement $4,000 $4,000 $4,587 ($587) GRV Matthews Island Bridge - Structural Inspection $1,850 $1,850 $3,447 ($1,597) Paradise Island Long Span Bridge - Structural GRV Inspection/Repair $2,350 $2,350 $3,557 ($1,207) IND Maintenance Yard Screening and Landscaping $20,000 $20,000 $20,000 IND River Loop Bridge - Structural Inspection $5,000 $5,000 $2,500 $2,500 ORN Dog Wash Station - Concrete Expansion $2,500 $2,500 $1,322 $1,178 RWP Waterpark Bridge - Structural Inspection $10,000 $10,000 $5,200 $4,800 SAC Ellis Barn Painting $110,000 $110,000 $111,283 ($1,283) SAC Rotary Park Bridge - Structural Inspection $1,250 $1,250 $1,400 ($150) WCM Market Pavilion - Structural Inspection $5,000 $5,000 $3,200 $1,800 WTR Lookout Lodge Deck - Structural Inspection $2,500 $2,500 $2,500 $0 WWP Waterpark Bridge - Structural Inspection $2,500 $2,500 $3,100 ($600) Totals $952,200 $982,034 $716,949 $271,565 Note: Program amounts may be allocated to multiple project locations. 36 Agenda Item No. 10 CIP # 3128 Cost Center Description Capital Improvement Program Project Name Springfield Oaks - Mill Pond Dam Removal & Restoration (Engineering - $168,530) Troy Property Acquistions 3478 FY2021- $45,000 Pending FY2017 - FY2021 Capital Project Summary (Source; Budget to Actual Report Dated 9/20/2021) Description of Project Scope: Design, engineer and implement removal of the Mill Pond Dam and restoration of the upstream and downstream areas. Apply for identified grant programs to off -set project costs. Project is in collaboration with Springfield Township, pursuant to existing inter -local agreement. Need: Dam was re -constructed circa 1972, culvert installed at that time is undersized for upstream flow, requiring armoring of dam. Maintenance and structural issues were identified in 2011, which led to development of the interlocal agreement. Dam cannot be repaired due to deformation of spillway outlet pipe. Options were to replace or remove. Township Board and OCPRC agreed on removal as most appropriate action (and most likely to receive grant funding). As of May 2021, staff have received confirmation of grant awards that total approximately 46% of our 50% grant funding goal. Project Status Engineering Approval December 2019 Conceptual Approval - Sept 2020 Acqistion of approximately 80 acres of vacant land previously owned by the Troy School District, known as the Turtle Woods Property Commission Approved June 2021 Percent Complete 20% 20% 9/28/2021 37 Cost Center Description CIP # Capital Improvement Program Project Name Springfield Oaks Activity Center Storm Water Improvements 2559 (FY2019 - $27,027) (FY2020 - $100,000) Groveland Oaks - Pedestrian Bridge Replacement 3071 (FY2020 - $15,000) (FY2022 - $500,000) Pending FY2017 - FY2021 Capital Project Summary (Source; Budget to Actual Report Dated 9/20/2021) Description of Project Project Status Commission Approved Scope; Create a Stormwater Management Master Plan for Design/Engineering - March 2019 the entire Springfield Oaks Property. Need: A stormwater management master plan is needed for Postponed both the SAC and SPG portions of Springfield Oaks. Major p1 needs in SAC include addressing high volume storm volumes and scouring at the N end of the property, extending into the drainage ditches along Andersonville Rd, planning for future paving requests by the OC Fair Board, animal waste - pollution prevention BMPs in the CBs associated with the a barns. Issues on the golf course side involve storm system planning for clubhouse renovations, preventative and reactionary culvert replacements, A Engineering/Design for the replacement of the existing 150' steel arch frame pedestrian bridge Pedestrian bridge was installed in 1979; last inspected in 2013 and 2018. Regular inspections have identified structural issues with the existing steel frame and concrete abuments that need to be addressed in the near future. Refer to structural engineering report. Structural inspections not needed until 15 years after replacement is completed. Percent Complete 15% 10% An approved sponsorship for the regrading and Holly Oaks - Mt. Magna Phase II drainage improvement of the Mt.Magna entrance, 3526 FY2021 - $10,000 including the installation fo (3) simulated boulders into Commission Approval Pending 0% "The Cut" canyon approach to Mt. Magna. An approved sponsorship for the grading and installation of 5 air stations near the ORV park 3527 Holly Oaks Bestop Air Station entrance and exit for the purpose of inflating vehicle Commission Approved June 2021 80% FY2021 - $45,000 tires, including all necessary engineering, equipment and material purchases. 9/28/2021 38 Pending FY2017 - FY2021 Capital Project Summary (Source; Budget to Actual Report Dated 9/20/2021) Cost Center Description CIP # Capital Improvement Program Description of Project Project Status Percent Project Name Complete As part of the annual ADA improvements, purchase of Groveland Oaks - Playground Equip three (3) sensory playground equipment pieces to be 3528 FY2021- $8,000.00) installed within the existing Groveland Oaks Commission Approval March 2021 100% Camrpground playground footprint. Design/Engineering for constrution of a gravel parking' _ - lot located along the Dixie Hwy road frontage, conforming to municipal site plan requirements, storm Holly Oaks ORV Park -Parking Lot Development water management and vehicle/pedestran circulation. � � .� _ � •;, Design/Engineering To provide a safe and secure parking area for guests 3172 (FY2020 MDNR Funded - $41,490) (FY2021 MDNR Funded - $199,000 Phase 1) and visitors. (FY2022) MDNR Funded - $200,000 Phase 11) $ Engineering & Phase I Complete Phase II scheduled for Spring 2022 Engineering Approval -January 2020 I 0% 9/28/2021 39 Pending FY2017 - FY2021 Capital Project Summary (Source; Budget to Actual Report Dated 9/20/2021) Cost Center Description CIP # Capital Improvement Program Description of Project Project Name CIP Project Names Previously Reported Projects that are 100% complete and are in the process of closure. 2821 Catalpa Oaks - Storage & Electrical Pedestals 3412 Groveland Oaks Basketball Court Paving 3171 Holly Oaks Contact Station 2915 Independence Oaks Bailey House Mitigation 3168 Independence Oaks Network Upgrade 3302 Red Oaks Nature Center - Emergency HVAC Replacement 2958 Red Oaks Waterpark Childrens Water Structure Replacement (Splash Pad) 3070 Springfield Oaks Activity Center HVAC Replacement 3357 Springfield Oaks Activity Center Well Replacement 3227 Springfield Oaks Activity Center - Network Upgrade 3363 Sprinfield Oaks Golf Course - Park House Roof Replacement Previously Reported Projects that are postponed. Percent Project Status Complete 9/28/2021 40 Oakland Countv Parks and Recreation Commission Aqenda Item Memo Agenda #: 11 Department: Planning & Resource Development From: Melissa Prowse, Supervisor — Planning & Resource Development Subject: Motion — Approval of Water Road (Rose Township) Property Donation INTRODUCTION AND HISTORY At the April 2021 Parks and Recreation Commission the Commission approved for staff to proceed with the donation of the "Water Road Property" in Rose Township. The Water Road Property is 32 acres in Rose Township, situated between Rose Oaks and Highland Oaks County Parks. The property is adjacent to and looks out over the Michigan Nature Association's Big Valley Nature Sanctuary. The parcel is along the railroad corridor that runs adjacent to both Rose Oaks and Highland Oaks County Parks. The property has been well -managed and maintained — Natural Resource staff estimate approximately $10,000 annually to manage the property. The property also offers opportunities for future trail connectivity between Rose Oaks and Highland Oaks and is of significant ecological value. The Donation Agreement for the Water Road Property is attached for Commission review and approval. The Jungs have also generously agreed to donate $15,000 as part of the Donation Agreement, which will cover approximately 80% of the due diligence and closing costs that OCPR will incur in the acquisition process (Phase I, ALTA Survey, Transfer Tax, etc.). The Phase I Environmental Assessment, ALTA Survey and Wetland Delineation have been completed. The property will be conveyed to OCPR with a Conservation Easement which will be held by the Michigan Nature Association. The easement will be placed on the property before it is conveyed to OCPRC. The Conservation Easement essentially provides a second layer of protection that the property will remain and be maintained in its natural state and also open to the public in perpetuity. The Conservation Easement is attached for Commission review. It has been reviewed and approved by corporation counsel. The donors will also be placing a deed restriction on the property prior to closing with Oakland County. The deed restriction will restrict who OCPRC can convey the property to in the future (if the Commission ever decided to sell/donate/lease, etc. the property). This deed restriction is proposed to read: "Grantors are donating the premises to grantee for use as public open space including for recreation and nature study subject to a Conservation Easement Agreement. Grantee and subsequent grantees shall not sell, transfer, or otherwise convey any or all of the premises or any interest in the premises to any person or entity except to the State of Michigan, another governmental unit in Michigan, or a land conservancy or land trust which is a "qualified organization" for purposes of Internal Revenue Code Section I70(h)(3) or any successor provision thereto." Corporation Counsel has reviewed this language and legally there are no issues or concerns, but the Commission should review and discuss this restriction prior to approving the donation agreement, as it will run with the property. Acquisition Budget Due Diligence & Closing Cost Estimate 41 Title Insurance $1,597 Title Search $325 Transfer Tax $2,838 Transaction Fee $300 Recording Fee $100 Property Tax Proration $612 Phase I ESA $2,200 Alta Survey $7,500 Wetland Delineation $3,200 Total Estimated OCPR Costs $18,672 STAFF RECOMMENDATION Staff recommends the Commission approve the Donation Agreement with Kurt W. Jung and Maura A. Lobos Jung for the donation of the 33-acre "Water Road Property" (Parcel ID 06-27-377-001) and $15,000 to assist Oakland County Parks and Recreation with due diligence and closing costs, and recommend the approval of the Donation Agreement to the Oakland County Board of Commissioners. ATTACHMENTS Donation Agreement — Water Road Property Conservation Easement — Water Road Property (to be held by Michigan Nature Association) MOTION Move to approve the Donation Agreement with Kurt W. Jung and Maura A. Lobos Jung for the donation of the 33-acre "Water Road Property" (Parcel ID 06-27-377-001) and $15,000 to assist Oakland County Parks and Recreation with due diligence and closing costs, and recommend the approval of the Donation Agreement to the Oakland County Board of Commissioners. 42 DONATION AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND KURT W. JUNG AND MAURA A. LOBOS JUNG (Water Road Property, Parcel No. 06-27-377-001) This Donation Agreement ("Agreement") is made and entered into , 2021 ("Effective Date") by and between Kurt W. Jung and Maura A. Lobos Jung, husband and wife, PO Box 250 Davisburg, Michigan 48350 ("the Jungs") and the County of Oakland, by and through its statutory agent, the Oakland County Parks and Recreation Commission, 2800 Watkins Lake Road, Waterford, Michigan 48328 ("County"), for the donation of approximately 33 acres of vacant land on Water Road, parcel identification number of 06-27-377-001, together with a further donation of fifteen thousand dollars ($15,000.00) on the following terms and conditions: 1. DONATIONS AND AGREEMENT APPROVAL. 1.1. Donation of Real Property. Pursuant to the terms and conditions set forth herein, the Jungs donate to the County and the County accepts the donation of approximately 33 acres of vacant land, with a parcel identification number of 06- 27-377-001, specifically described in Exhibit A ("Premises") including all rights, title, interests, and mineral rights or mineral royalty interests the Jungs have in the Premises, subject to all easements and restrictions of record including a Conservation Easement Agreement. Exhibit A is fully incorporated into this Agreement. The County through its authorized representatives has fully reviewed the Conservation Easement Agreement, accepts the donated Premises subject to the limitations, conditions, and other terms of the Conservation Easement Agreement, and supports protection of the Conservation Values set forth in the Conservation Easement Agreement. 1.2. Monetary Donation. Pursuant to the terms and conditions set forth herein, the Jungs donate fifteen thousand dollars ($15,000.00) to the County and the County accepts the donation of the fifteen thousand dollars ($15,000.00) ("Monetary Donation"). The Monetary Donation shall be used to defray costs associated with acquisition and maintenance of the Premises. The Monetary Donation shall be paid to the County on the date of Closing. 1.3. Approval of Agreement. The Oakland County Board of Commissioners shall have until November 30, 2021 to approve and execute this Agreement. If the Oakland County Board of Commissioners does not approve and execute this Agreement by November 30, 2021, then the Agreement shall be null and void. 2. TITLE CONVEYED. 2.1. Form of Convevance. At Closing, the Jungs shall convey marketable title to the Premises to the County by Warranty Deed, subject to all easements and restrictions of record including a Conservation Easement Agreement. The Warranty Deed shall contain the following restriction: "The County shall not sell, transfer, or otherwise hypothecate or encumber the Premises or any interest in the Premises except to the State of Michigan, another governmental unit, or an entity that is a "qualified organization" for purposes of Internal Revenue Code Section 170(h)(3) or any 43 successor provision thereto." The Premises shall include all tenements, hereditaments, privileges and appurtenances belonging or in any way appertaining to the Premises including the following: (1) all future land division rights, (2) all right, title, and interest of the Jungs in any street, road, or avenue, open or proposed, in front of or adjoining the Premises, or any part thereof, to the centerline thereof, (3) all water, air, riparian, and mineral rights to the extent held by the Jungs, (4) the use of appurtenant easements, whether or not of record, strips and rights of way abutting, adjacent, contiguous or adjoining the Premises, and (5) all assignable licenses, franchises, rights, and governmental or other permits, authorizations, consents, and approvals, which are necessary to own the Premises, to the extent that the same are legally assignable, subject to all easements and restrictions of record including a Conservation Easement Agreement. 2.2. Personal Propertv. There is no personal property on the Premises and no personal property is included with the donation of the Premises. 2.3. No Transfer of Interests After Execution. After the Jungs' execution of this Agreement, the Jungs shall not lease, assign, or grant a security interest or other lien that would encumber the Premises after closing, unless approved by the County in writing. 3. TITLE INSURANCE. 3.1. The County shall obtain and pay for the commitment of title insurance covering the Premises (the "Title Commitment"), the final policy of title insurance covering the Premises (the "Title Policy"), related title search fees in connection with the Title Commitment and Title Policy, and any endorsements to the Title Policy from ATA National Title Group, LLC, 42651 Woodward Avenue, Bloomfield Hills, MI 48034 ("Title Company"). The Title Commitment for an ALTA Owner's Policy of Title Insurance shall be issued by the Title Company, without standard exceptions, and shall bear a date later than the Effective Date, wherein the Title Company is to insure the title to the Premises in the condition required herein. 3.2. At the time of Closing, the County shall order and have the Title Insurance issued (in the name of the County) pursuant to the Commitment. 3.3. The Jungs agree to execute a standard form Owner's Affidavit at closing consistent herewith to assist in the County's efforts to obtain coverage without standard exceptions. In addition to the representations and warranties contained in said Owner's Affidavit, the Jungs agree to execute an affidavit indicating the following: (1) The Jungs are not on notice, whether actual or anticipated notice, of any pending claims against the Jungs that would affect the transfer of the Premises and (2) there are no court orders prohibiting the transfer of the Premises. 4. DUE DILIGENCE INVESTIGATIONS. 4.1. Inspection and Due Diligence Investiization/Examination. The County shall have thirty (30) calendar days from the date this Agreement is executed to conduct the following, at its sole expense: (1) an ALTA/ACSM boundary survey of the 44 Premises and (2) a Phase I Environmental Site Assessment ("Phase 1") performed consistent with applicable ASTM standards. During this thirty (30) day period, the County shall also have the right to conduct other inspections/tests/examinations of the Premises that it deems needed, at its sole expense. 4.2. Delivery of Documents to Countv. Within seven (7) calendar days of execution of this Agreement, the Jungs shall deliver to the County Parks and Recreation Executive Officer copies of any documents in their possession concerning the Premises, other than copies of documents which the Jungs received from the County. 4.3. The County may terminate this Agreement at any time prior to the expiration of the thirty (30) day period set forth in 4.1, in its sole discretion, by giving written notice to the Jungs that it is not satisfied with the condition of the Premises. 5. CLOSING. AND CLOSING DOCUMENTS. 5.1. Closing Date. If this offer is accepted by the Oakland County Board of Commissioners pursuant to Section 1.3, then the County shall complete the transaction as soon as practicable, but in no event later than December 31, 2021 ("Closing Date"). 5.2. Location of Closing. The closing shall be held at the offices of the Title Company. The Title Company will prepare the necessary documents for signatures. 5.3. Closing Documents. At least three (3) business days prior to closing, the County shall provide to the Jungs and any designated representative of the Jungs copies of all closing documents required for this transaction. The Jungs and the County will sign and/or prepare any other documents reasonably necessary to complete the donation and transfer of the Premises and to allow the Jungs, if so desired, to claim tax deductions related to the Donation of Real Property and the Monetary Donation completed pursuant to this Agreement. 5.4. Sianina of Deed and Affidavit. The Jungs shall sign and deliver at closing a statutory form Warranty deed conveying fee simple absolute title to the Premises inclusive of any mineral rights or royalties held by the Jungs with respect to the Premises, subject to all easements and restrictions of record including a Conservation Easement Agreement, in the condition required by this Agreement including 2.1, together with a Non -Foreign Persons Affidavit. 5.5. Discharge of Encumbrances. All financial encumbrances upon the Premises shall be paid and discharged by the Jungs prior to closing. 5.6. Recording Fees and Closing Costs. The County shall pay for the following: the recording of the deed, any notary fees, any Title Company fees/costs, and any other closing costs. The transfer of the Premises is exempt from property transfer taxes pursuant to MCL 207.505(a) and MCL 207.526(a). 5.7. Affidavit of No Liens. At the closing, to the extent consistent herewith, the Jungs will sign an Affidavit of No Liens on the Title Company's standard form, sufficient to permit the Title Company to delete the standard Schedule B exceptions. 45 5.8. Certificate of Accuracv. At the closing, to the extent consistent herewith, the Jungs will sign a Certificate of Accuracy regarding the representations made by the Jungs in Section 9 herein. 5.9. Authorization to Sign Closing Documents. The County's Property Management Specialist or its Director of Facilities Management shall have the authority to execute all closing documents and other documents necessary to complete this transaction and donation. 5.10. Probertv Taxes. Current property taxes on the Premises shall be prorated on the due date basis of the taxing authority, based on a three -hundred sixty-five (365) day year; the Jungs shall be responsible for property taxes on the Premises up to the Closing Date, but not including the Closing Date; to the extent property taxes have been paid in advance, same shall be promptly refunded by the County per MCL 211.2. 6. POSSESSION. The County shall have possession of the Premises on the date closing is complete (subject to the anticipated Conservation Easement Agreement in favor of the Michigan Nature Association). 7. RIGHT OF ENTRY AND ACCESS. 7.1. Right of Entrv. During this Agreement, the County and its employees and agents shall have the right to enter and access the Premises at reasonable times for the purpose of surveying, testing, performing environmental impact studies, site planning, and other inspections or testing the County deems appropriate; no mineral or oil -or -gas testing shall be performed. All inspections or testing shall be coordinated with the Jungs. 7.2. Restoration of Premises. The County, at its own expense, within sixty (60) days shall restore the Premises to substantially the same condition that existed on the date this Agreement was executed to the extent such restoration is necessary due to the County's actions. 8. RISK OF LOSS. No risk of loss shall pass to the County prior to closing. Except as otherwise provided in this Agreement, the County acknowledges that the Jungs have made no representations or warranties with respect to the Premises. 9. WARRANTIES BY THE JUNGS. The Jungs warrant to the County and certify the following by execution of this Agreement: 9.1. Authority to Perform Agreement. The Jungs have full authority to enter into and perform this Agreement in accordance with its conditions and terms without breaching or defaulting on any obligation or commitment that the Jungs have to any third parties; the Jungs will provide the County with any necessary waivers, consents, or other documents that verify the Jungs have the requisite authority; 9.2. Fee Simple Owner. The Jungs are the fee simple owners of the Premises and will discharge, prior to closing, all liens or other encumbrances on the Premises, except 46 for all easements and restrictions of record including a Conservation Easement Agreement; 9.3. Correct Leaal Description. To the Jungs' knowledge the legal description set forth in Exhibit A is an accurate description of the Premises and does not include any adjacent or contiguous land owned by the Jungs or any third party; 9.4. No Other Interests. To the Jungs' knowledge there are no leases, rights of first refusal, contracts, or other agreements of any kind with respect to the Premises which would impair the County's right to receive fee title absolute, except as set forth herein; 9.5. No Claims or Lawsuits. To the Jungs' knowledge, there are no lawsuits, actions, or proceedings pending or threatened by any party, including governmental authorities or agencies, against or involving the Premises which would affect the Jungs' ability to convey the Premises to the County; 9.6. Other Interests. The Jungs have no notice or knowledge of any of the following: 9.6.1. any planned or commenced public improvements that might result in special assessments or otherwise directly and materially affect the Premises; 9.6.2. any government agency or court order requiring corrections of any existing condition on the Premises; or 9.6.3. any request by an insurer or a mortgagee of the Premises requiring correction of any existing condition on the Premises; and 9.7. No Disposal of Hazardous Materials. The Jungs have not used the Premises for the purpose of disposing, refining, generating, manufacturing, producing, storing, handling, treating, transferring, processing, or transporting Hazardous Materials. As used in this Agreement, the term "Hazardous Materials" means any hazardous or toxic substances, wastes or materials, or flammable explosives, including, without limitation, those described in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, the Resource Conservation and Recovery Act, Parts 20, 211 and 213 of the Natural Resources Environmental Protection Act, and all rules, regulations and policies promulgated thereto. 10. WARRANTIES BY THE COUNTY. The County warrants to the Jungs and certifies the following by execution of this Agreement: 10.1 Existence. The County is a Michigan Constitutional and Municipal Corporation; and 10.2 Authority. The County has full authority to enter into and perform this Agreement in accordance with its conditions and terms. 11. SURVIVAL OF WARRANTIES. The warranties of the Parties contained in this Agreement shall survive for two (2) years after closing. 47 12. LIABILITY. The Jungs shall be liable for and defend any and all alleged losses, claims, suits, causes of action, litigation, or other demands for damages of any kind, pertaining to the Premises (including attorney fees) prior to closing, except those losses, claims, suits, causes of action, litigation, or other demands for damages arising solely out of the acts of the County or the County's agent(s) while performing any surveys or due diligence or other inspections or testing of the Premises prior to the closing. The Jungs shall be responsible for paying any and all judgments, damages awarded, costs and expenses (including attorney fees and court costs) and any other liabilities that result from any such alleged losses, claims, suits, causes of action, litigation, or other demands for damages of any kind pertaining to the Premises prior to the closing, except as noted above in this Section. 13. NOTICE. 13.1. Any notice, request, demand, consent, approval, or other communication given hereunder shall be in writing and shall be sent by registered or certified mail, return receipt requested, addressed to the other Party at its address as set forth below: The Jungs: Kurt W. Jung and Maura A. Lobos Jung PO Box 250 Davisburg, Michigan 48350 and Stephen M. Kelley Stephen M. Kelley, P.C. 31 Harbor Hill Road Grosse Pointe Farms, Michigan 48236 and Executive Director Michigan Nature Association 2310 Science Parkway Suite 100 Okemos, MI 48864 The County: Oakland County Parks and Recreation 2800 Watkins Lake Road Waterford, Michigan 48328 and Property Management Specialist County of Oakland Department of Facilities Management One Public Works Dr. Waterford, Michigan 48328 48 13.2. Any Party may change its address(es) for notice by providing notice as required by this Section. Any notice by either Party shall be sufficient if signed on behalf of said Party by any elected or appointed official thereof or attorney therefore. 14. TIME OF THE ESSENCE. Time is of the essence for this Agreement. 15. COMPLIANCE WITH LAWS. The Parties shall comply with all federal, state, and local laws, statutes, ordinances, and regulations applicable to the Premises or their activities under this Agreement. 16. NO IMPLIED WAIVER. Absent a written waiver, no act, failure to act, or delay to act by a Party to pursue or enforce any right or remedy under this Agreement shall constitute a waiver of those rights regarding any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 17. SEVERABILITY. If a court of competent jurisdiction finds a term, condition, or provision of this Agreement to be illegal or invalid, then the term, condition, or provision shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force and effect. 18. CAPTIONS. The section and subsection numbers, captions, and any index to such sections and subsections contained in this Agreement are intended for the convenience of the reader and are not intended to have any substantive meaning and shall not be interpreted to limit or modify any substantive provisions of this Agreement. Any use of the singular or plural number, any reference to the male, female, or neuter genders, and any possessive or nonpossessive use in this Agreement shall be deemed the appropriate plurality, gender or possession as the context requires. 19. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, rescissions, waivers, or releases to this Agreement must be in writing and signed by all Parties. In the event of the death or disability of either of the Jungs, a written modification, amendment, waiver, or release of this Agreement may be executed by the remaining Jung. 20. GOVERNING LAWS/CONSENT TO JURISDICTION AND VENUE. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any claim arising under or related to this Agreement shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. The choice of forum set forth above shall not be deemed to preclude the enforcement of any judgment 49 obtained in such forum or taking action under this Agreement to enforce such judgment in any appropriate jurisdiction. 21. ENTIRE AGREEMENT. This document represents the entire agreement and understanding between the Parties. This Agreement supersedes all other prior oral or written understandings, communications, agreements, or contracts between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning and not construed strictly for or against any Party. s0 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates indicated below. County of Oakland a Michigan Municipal and Constitutional Corporation By: David T. Woodward, Chairperson Oakland County Board of Commissioners The Agreement was acknowledged before me in Oakland County, Michigan on this day of , 2021 by David T. Woodward. , Notary Public Oakland County, Michigan Acting in Oakland County, Michigan. My Commission expires: The Jungs Kurt W. Jung Maura A. Lobos Jung The Agreement was acknowledged before me in Oakland County, Michigan on this day of , 2021 by Kurt W. Jung and Maura A. Lobos Jung. , Notary Public Oakland County, Michigan Acting in Oakland County, Michigan. My Commission expires: 51 EXHIBIT A LEGAL DESCRIPTION OF PREMISES Real property situated in Rose Township, Oakland County, Michigan, approximately 33 acres, described as follows: That part of the Southwest'/4 of Section 27, Town 4 North, Range 7 East, Rose Township, Lying Easterly of the existing railroad Right of Way. More particularly described as: Beginning at the South'/4 corner Section 27, Town 4 North, Range 7 East, Rose Township; thence South 86 degrees, 27 minutes, 57 seconds West along the South line of Section 27, 681.24 feet to the East Right -of -Way line of C&O Railroad, being a point on a curve; thence along the arc of a curve to the right 845.96 feet along the railroad Right -of -Way to a point of tangent, said curve having a radius of 2814.79 central angle 17 degrees 13 minutes 11 seconds and Chord bearing and distance North 00 degrees 12 minutes 53 seconds West 842.78 feet; thence continuing along said Right -of -Way North 08 degrees 23 minutes 42 seconds East 895.29 feet; thence South 81 degrees 36 minutes 18 seconds East 50.00 feet; thence North 08 degrees 23 minutes 42 seconds East 934.00 feet to the East-West'/4 line Section 27; thence North 86 degrees 34 minutes 22 seconds East along East-West'/4 line 293.30 feet to center of Section 27; thence South 01 degrees 36 minutes 46 seconds East along North-South'/4 line 2621.75 feet to the point of beginning. Subject to easements, restrictions, and Rights -of -Way of record. Commonly known as: V/L Water Road Tax Number: 06-27-377-001 52 CONSERVATION EASEMENT AGREEMENT Section 27, Rose Township, Oakland County, Michigan Grantors (as defined below) on their own behalf and intending to bind all future owners, tenants, and users of the Property (as defined below), convey, warrant, and donate to Conservancy (as defined below) a perpetual Conservation Easement over the Property pursuant to this Conservation Easement Agreement ("Agreement", "Conservation Easement", or "Easement") as of the Effective Date set forth below: Gift Exempt from Transfer Taxes This conveyance is a gift from Grantors to Conservancy and the consideration is less than $100.00; accordingly, this conveyance is exempt from county and state transfer taxes pursuant to MCL §§207.505(a) and 207.526(a). GRANTORS AND CONSERVANCY AGREE AND ENTER INTO THIS AGREEMENT AS FOLLOWS: Recitals A. Grantors own the Property in fee simple, including upon information and belief all mineral interests, and seek to protect the Property's existing natural features and conservation values in perpetuity; B. Since 1952 Conservancy has worked to protect native animals, plants, and habitats across Michigan; C. Conservancy is recognized by the United States Internal Revenue Service as a Section 501(c)(3) corporation qualified to receive qualified conservation contributions under Section 170(h); D. Grantors seek to give a perpetual Conservation Easement to the Conservancy with respect to the Property, binding not only Grantors but their trustee(s), beneficiary(ies), heirs, grantees, successors, and assigns, including, without limitation, all future owners, tenants, and users of the Property; E. Grantors and Conservancy seek to protect the Conservation Values (as described below) of the Property in perpetuity pursuant to this Easement; F. Conservancy has evaluated Grantors' proposed conveyance and this Agreement; has determined that the Property possesses natural features worthy of protection, including as detailed below; and has determined that acceptance of the proposed conveyance and entry into this Agreement is consistent with Conservancy's mission and important to the long-term conservation of Conservancy's existing Big Valley Nature Sanctuary; G. Protection of the Conservation Values of the Property as described below is in the public interest; and H. Grantors and Conservancy intend that this gift be a qualified conservation contribution under IRC Regulations Section 1.170A-14, 26 C.F.R. 1.170A-14. 53 Definitions The following definitions apply to this Agreement: Effective Date: The date the last of Grantors and Conservancy have executed this Agreement. Grantors: Kurt W. Jung and Maura A. Lobos Jung, husband and wife, P.O. Box 250, Davisburg, MI 48350. Owners: Grantors and all subsequent owners of any interest in the Property except Conservancy. Conservancy: Michigan Nature Association, a Michigan nonprofit corporation with its principal office at 2310 Science Parkway, Suite 100 Okemos, MI 48864, on its own behalf and on behalf of each of its successors. Parties: Grantors and Conservancy. Property: Real property situated in Rose Township, Oakland County, Michigan, approximately 33 acres, described as follows: That part of the Southwest'/4 of Section 27, Town 4 North, Range 7 East, Rose Township, Lying Easterly of the existing railroad Right of Way. More particularly described as: Beginning at the South'/4 corner Section 27, Town 4 North, Range 7 East, Rose Township; thence South 86 degrees, 27 minutes, 57 seconds West along the South line of Section 27, 681.24 feet to the East Right -of -Way line of C&O Railroad, being a point on a curve; thence along the arc of a curve to the right 845.96 feet along the railroad Right -of -Way to a point of tangent, said curve having a radius of 2814.79 central angle 17 degrees 13 minutes 11 seconds and Chord bearing and distance North 00 degrees 12 minutes 53 seconds West 842.78 feet; thence continuing along said Right -of -Way North 08 degrees 23 minutes 42 seconds East 895.29 feet; thence South 81 degrees 36 minutes 18 seconds East 50.00 feet; thence North 08 degrees 23 minutes 42 seconds East 934.00 feet to the East-West'/4 line Section 27; thence North 86 degrees 34 minutes 22 seconds East along East-West '/4 line 293.30 feet to center of Section 27; thence South 01 degrees 36 minutes 46 seconds East along North-South'/4 line 2621.75 feet to the point of beginning. Subject to easements, restrictions and Rights -of -Way of record. Commonly known as: V/L Water Road Tax Number: 06-27-377-001 BVNS: Conservancy's existing Big Valley Nature Sanctuary, including any additions to and/or renaming of same hereafter. 54 MCL: Michigan Compiled Laws. USC: United States Code. 1. PURPOSES OF THIS CONSERVATION EASEMENT AND COMMITMENTS OF THE GRANTORS/OWNERS AND CONSERVANCY. The purposes of this Conservation Easement are to create, convey, warrant, and donate a perpetual conservation restriction as follows: A. This Conservation Easement assures that the Property will be perpetually preserved in its predominately natural, scenic, forested, and open space condition to protect the Property's natural resource and watershed values; to maintain and enhance biodiversity; to retain quality habitat for native plants and animals; to maintain and enhance natural features of the Property; and to allow for education of the general public and passive non -motorized recreation (e.g. hiking, birdwatching, and nature study and photography) which shall not impair any of the Conservation Values set forth herein. Any use of the Property which is not within the retained rights of Owners and which may impair or interfere with the Conservation Values is expressly prohibited. B. Grantors represent they own the Property in fee simple and are committed to preserving the Conservation Values of the Property. Grantors on their own behalf and on behalf of all Owners agree to confine use of the Property to activities consistent with the purposes of this Conservation Easement and preservation of the Property's Conservation Values. C. Conservancy protects natural habitats of fish, wildlife, plants, and the ecosystems that support them. Conservancy also preserves open spaces, including farms and forests, where such preservation is for the scenic enjoyment of the general public or pursuant to clearly delineated governmental conservation policies and where it will yield a public benefit. Conservancy represents it is a qualified recipient of this Conservation Easement, is committed to preserving the Conservation Values of the Property, is committed to upholding the terms of this Conservation Easement and has the resources to enforce the restrictions in and other terms of this Agreement. 2. CONSERVATION VALUES. The Property possesses natural, scenic, historic, open space, scientific, biological, and ecological values of importance to the Owners, Conservancy, and the public. These values are referred to as "Conservation Values" in this Conservation Easement. The Property's Conservation Values include the following, which at a minimum collectively demonstrate significant public benefit: A. Watershed Protection. The Property is important natural land within the Upper Shiawassee River watershed and part of the Buckhorn Creek complex. Maintaining the Property in its current substantially natural and open space condition protects the quality and quantity of water resources within the watershed. The Property is a water infiltration site that feeds the upper reaches of Buckhorn Creek and the prairie fen complex within the hydrologically connected Big Valley Nature Sanctuary (`BVNS") owned and managed by Conservancy. The Buckhorn Creek provides important stream 55 habitat for populations of native fish and mussels, such as Michigan Special Concern species including the rainbow mussel (Villosa iris) and the round pigtoe mussel (Pleurobema sintoxia) which have been found in the BVNS. B. Wildlife Values. The Property provides groundwater source protection and acts as habitat buffer adjacent to designated critical habitat for the Poweshiek skipperling (Oarisma poweshiek) that lives in BVNS (Poweshiek Skipperling Critical Habitat, Michigan Unit 4, Oakland County). The Poweshiek skipperling is listed as a federally endangered species and is protected by the U.S. Endangered Species Act. The Property is noteworthy for its value to rare wildlife species within the Buckhorn Creek complex. The Property provides habitat buffer for the occupied habitat of several rare Michigan species including specifically but not exclusively the Eastern Massasauga rattlesnake (Sistrurus catenatus), Blanding's turtle (Emydoidea blandingii), blazing star borer moth (Papaipema beeriana), tamarack tree cricket (Oecanthus laricis), red -legged spittlebug (Prosapia ignipectus), monarch butterfly (Danaus plexippus), and marsh wren (Cistothorus palustris). The Property is home to many common game species of wildlife, including specifically but not exclusively wild turkey (Meleagris gallopavo), American woodcock (Scolopax minor), mourning dove (Zenaida macroura), and white-tailed deer (Odocoileus virginianus). Additional small -game species also use the Property for refuge and recruitment. Additionally, non -game species including birds such as sparrows, warblers, vireos, raptors, thrushes, and reptiles (including turtles and snakes such as the blue racer snake Coluber constrictor foxii) and amphibians (including frogs) use the Property. C. Habitat and Ecological Values. The Property contains and/or provides for all of the following: (a) Valuable Wetlands as described in Wetland Protection, Part 303 of the Michigan Natural Resources and Environmental Act, MCL 324.30301 et seq., which provide for flood water storage and water infiltration and provide habitat for wetland - oriented species; (b) significant natural habitat in which fish, wildlife, plants, and the ecosystems which support them thrive in a natural or restorable state; (c) critical natural communities to the Buckhorn Creek complex such as oak barrens and dry-mesic southern forest; (d) buffer habitat for several species of rare plants associated with the prairie fens and adjacent oak uplands within the Buckhorn Creek complex, including small white lady's-slipper (Cypripedium candidum), mat muhly (Muhlenbergia richardsonis), and goldenseal (Hydrastis canadensis); and (e) protection of the prairie fen and adjoining oak uplands within the Buckhorn Creek complex. D. Open Space and Scenic Values. The biological integrity of land within Rose Township and in the vicinity of the Property has been modified by development and fragmentation and this trend is expected to continue. The proximity of the BVNS with the Property creates a notable environmental asset within this landscape. There is a reasonable likelihood that Conservancy or another qualified conservation organization may acquire other valuable property rights on nearby or contiguous properties in order to expand the Conservation Values protected by this Conservation Easement. 56 The Property contains a natural character which would be impaired by modification of the Property. Additionally, the Property contains an accessible and uniquely scenic view of the Buckhorn Creek valley and BVNS. This view may be accessed from the Property and would be adversely affected by modification of the natural habitat. The Property also provides relief from the urban proximity that exists throughout much of Oakland County, Michigan. E. Proximity to Protected Lands. The Property lies in close proximity to the following protected lands which similarly conserve the existing natural habitat: (a) the BVNS, Conservancy's 167-acre nature sanctuary which is in close proximity to the Property on the west (separated by a railroad right-of-way); and (b) a 23-acre property contiguous with BVNS to the northwest protected by the North Oakland Headwaters Land Conservancy. These two properties combined with the Property compose 211 acres of functionally contiguous, conserved property. This area constitutes a sizeable and unique area within heavily -developed Oakland County, Michigan. Other nearby open habitats include Oakland County Parks' 300-acre Highland Oaks County Park one-half mile south of the Property and 640-acre Rose Oaks County Park two miles northwest of the Property. Rose Township's 116-acre Dearborn Park is two miles north of the Property. Grantors and other partners share a conceptual vision of a trail and habitat extension project that would become a formal green infrastructure connector for these two County Parks or to other green infrastructure hubs, passing by the Property via the existing Water Road right-of-way. Completion of this conceptual trail project would increase the public benefit of the Property and the Conservation Easement. F. Educational Values. The Property provides opportunities for research and environmental education that are enhanced by this Conservation Easement. Conservation of the Property will also enhance the environmental education and nature study opportunities at BUNS. Grantors believe the Property could be included in a trail project that would enhance public access and public use, creating further opportunities for environmental education. G. Carbon Sequestration. The Property contains intact natural communities which are composed of multiple strata of vegetation. These strata include a canopy, sub -canopy, and herbaceous layers composed of trees, shrubs, wildflowers, grasses, and fungi. This vegetation acts as a carbon sink that stores atmospheric carbon within the root systems of plants, helping to mitigate climate change and improving air quality. H. Historic Value. The Buckhorn Lake complex has numerous connections to the history and cultural heritage of Rose Township and Oakland County and the Property provides an excellent opportunity to assist with communication of this history, including: Just prior to the Civil War, farmer Charles Pratt lived on the west side of Buckhorn Lake and took in a boarder named Sarah Emma Edmonds. She later dressed as a man in order to serve in the Civil War and there have been a number of books written about her as well as her own memoirs which she kept during the war. 57 Buckhom Lake was part of a booming ice industry from at least the mid- 1800s into the early 1900s with the foundations of the ice houses remaining along the eastern shore of Buckhorn Lake. Near the old ice houses, a home was built in the 1920s by one of the icehouse managers which was later sold to Dr. Daisy Northcross in the late 1930s and later turned into the "Medicine Acres" resort. Medicine Acres was listed in the 1956 Green Book as a safe place for African Americans to vacation prior to the era of civil rights. I. Public Policy. The State of Michigan has recognized the importance of protecting our natural resources as delineated in the 1963 Michigan Constitution, Article IV, Section 52, "The conservation and development of the natural resources of the state are hereby declared to be of paramount public concern in the interest of the health, safety, and general welfare of the people. The legislature shall provide for the protection of the air, water, and other natural resources of the state from pollution, impairment, and destruction." The Property is preserved pursuant to clearly delineated federal, state, and local conservation policies and preservation yields significant public benefit. In addition to the above Constitutional statement, the following legislation, regulations, and policy statements establish public policy relevant to the Property and this Conservation Easement, without limitation: • Conservation and Historic Preservation Easement, Subpart 11 of Part 21 of the Michigan Natural Resources and Environmental Protection Act, MCL § § 324.2140 et seq.; • Biological Diversity Conservation, Part 355 of the Michigan Natural Resources and Environmental Protection Act, MCL § § 324.35501 et seq. (Legislative Findings in § 324.35502); • The federal Water Pollution Control Act of 1972, 33 USC §§ 1251-1387 (§1251 Goals & Policy; § 1344 Wetlands permitting, aka "Section 404" of the Clean Water Act); • Inland Lakes and Streams, Part 301 of the Michigan Natural Resources and Environmental Protection Act, MCL § § 324.30101 et seq.; • Farmland and Open Space Preservation, Part 361 of the Michigan Natural Resources and Environmental Protection Act, MCL §§ 324.36101 et seq.; and • Soil Conservation, Erosion, and Sedimentation Control, Parts 91 & 93 of the Michigan Natural Resources and Environmental Protection Act, MCL § § 324.9101 et seq; 324.9301 et seq. (Legislative Policy in MCL § 324.9302). Moreover, the 2017 Michigan Natural Features Inventory Update to the Oakland County Potential Natural Areas Assessment ranked the Buckhom Lake Complex adjacent to the railroad tracks separating the Property from BVNS as having among the highest 58 ecological values (Priority One, Total Score 21.00 (highest in County was 22), 12 element occurrences) of all 114 sites surveyed in Oakland County (Paskus, John J., and Enander, Helen D., Oakland County Potential Natural Areas Assessment: 2017 Update, Michigan Natural Features Inventory, Michigan State University Extension, httr)s://www.oakaov.com/it/ais/Documents/metadata/Oakland 2017 PNA Final Report httr)s://www.oakaov.com/advantaszeoakland/resources/Documents/es Oakland2017 PN A FinalReport.pddf ). Furthermore, the 2018 Rose Township Master Plan and Parks and Recreation Master Plans also recognize this area as appropriate for rural preservation (htti)://rosetownshiD.com/documents/master`/`20i)lan.t)df). 3. BASELINE DOCUMENTATION. The Conservation Values and other specific aspects of the Property have been documented in a "Baseline Documentation Report", prepared by Conservancy and signed and acknowledged by Grantors and a representative of Conservancy, establishing the condition of the Property at the time of this conveyance. The Baseline Documentation Report is attached hereto as Exhibit 1 and incorporated by reference. Grantors and Conservancy agree that the Baseline Documentation Report is an accurate representation of the Property at the time of this conveyance. Conservancy may use the Baseline Documentation Report to enforce the Conservation Easement but is not limited to the Baseline Documentation Report to show a change in conditions. Any characterization of this Conservation Easement contained in the Baseline Documentation Report shall not be interpreted so as to alter, amend, limit, or otherwise modify this Conservation Easement. In the event of any conflict or inconsistency between the terms of the Conservation Easement and the Baseline Documentation Report, the terms of the Conservation Easement control and shall prevail. 4. PROHIBITED ACTIONS. This Section 4 states the Parties' agreements with respect to actions prohibited under this Conservation Easement. Section 5, Rights of Owners, below, identifies agreed exceptions to Section 4, Prohibited Actions. Section 6 below identifies further Rights of Conservancy. Except as provided for herein (including, without limitation, Section 5 of this Agreement), any activity on, over, or under, or use of, the Property that impairs or interferes or is inconsistent with the Conservation Values or purposes of this Conservation Easement is expressly prohibited. By way of example, but not by way of limitation, the following activities and uses are explicitly prohibited on the Property: A. Residential Use and Subdivision. There shall be no residential development of the Property. The Property consists of one parcel. The legal or de facto subdivision of the Property, including any land subdivision, platting, binding site plan, testamentary division, creation of a site condominium or other submission of the Property to a condominium form of ownership, sale or other transfer of mineral rights, or other process by which the Property is divided such that title to different portions of Property are held by different owners, is prohibited. Owners also shall not indirectly subdivide all or any part of the Property through the allocation of property rights among partners, shareholders, or members of an entity, the creation of a horizontal property regime, leasing, portioning among tenants in common, or any other means. 59 B. Industrial, Commercial, Agriculture, and Aquaculture Activities. There shall be no industrial, commercial, agricultural, or aquacultural activity undertaken or allowed on the Property except as expressly permitted herein. No right of passage, easement, right- of-way, or access shall be granted or retained across or upon the Property if that right of passage, easement, right-of-way, or access is used in conjunction with such prohibited activities. Rights -of -way and easements which existed prior to this Conservation Easement are permitted to the extent that such rights -of -way and easements are contained in written agreements which were properly recorded with the Oakland County Register of Deeds prior to the Effective Date. C. Structures. There shall be no construction or placing of any human -made modification, structure or improvement on or under the Property, including, without limitation, any house, multi -family, apartment, condominium, duplex or triplex or other housing or units, garage, barn or other building, tennis or other recreational court, landing strip, mobile home, swimming pool, asphalt, concrete or other pavement or artificial surface, billboard or advertising display, antenna, utility, cellphone, or other pole or tower, solar panel, conduit, line, fence, vault toilet, gazebo, pavilion, wind turbine, dock, pier, anchored raft, cell, transmitting, or receiving tower, street lamp or light, sodium vapor light or equivalent or any other temporary or permanent structure or facility on the Property, except as expressly authorized herein or by a pre-existing recorded agreement or easement. D. Cutting Vegetation. There shall be no alteration, removal, pruning, trimming, cutting down, mowing, using herbicides on or other destruction or removal of trees or other vegetation, whether living or dead, in whole or in part, except as expressly provided for herein. E. Alteration of Land. The substantial grading or alteration of the surface of the land, including the excavation, removal, scraping, quarrying, relocation, mounding, or storage of soil, topsoil, sand, gravel, rock, stone, aggregate, marl, clays, earth, peat, or sod, is prohibited. There shall be no ditching, draining, diking, filling, excavating, or any change in the topography of the land, or expansion, filling, or deepening of the pond in any manner except in conjunction with activities otherwise specifically authorized herein. F. Mineral Exploration, Mining, Drilling, and Pumping. There shall be no extraction or removal of minerals by any surface mining method. Testing, exploring for, developing, blasting, excavating, extracting, removing, crushing, grinding, separation, drilling for, storing, saving, transporting, treating, processing, marketing, or otherwise utilizing, moving, or relocating by any means ("Mine" and "Mining") of oil, gas, hydrocarbon gas liquids, condensate, hydrocarbons, coal, lignite, limestone, granite, marble, gypsum, salt, geothermal resources, fossils, metals, ores, soil, topsoil, sand, gravel, rock, stone, aggregate, marl, clays, earth, peat, and other minerals ("Mineral Resources") on or below the surface of the Property is prohibited. The terms "Mine" and "Mining" shall, furthermore, include the treatment, processing, storage, transport, disposal, stockpiling, and other handling of overburden, waste rock, ore, effluent, tailings, and other waste or byproducts created or produced during the Mining of Mineral Resources. There shall be 60 no construction or placing of any human -made modification, structure or improvement on the Property for any mining -related purpose except as expressly authorized herein. However, in the event Owners are under imminent threat of being compulsory pooled or "force pooled" as allowed under Michigan Law for mineral, gas and/or oil extraction, Owners shall be allowed to lease such subsurface minerals, provided any such lease shall not allow for any surface disturbance, subsidence, or erosion, the placement of any structure on the surface, the excavation of the surface for placement of flow or transmission lines or pipes below the surface, or any change in or impairment of surface or subsurface hydrology or groundwater. Underground mining and the use of "slant" drilling or "horizontal" drilling technologies from a minimum of 1000 feet off of the Property under the Property that do not involve any surface activity or result in any surface disturbance, subsidence, or erosion on the Property or within 500 feet of the Property, the placement of any structure on the surface, the excavation of the surface for placement of flow or transmission lines or pipes below the surface, or any change in or impairment of surface or subsurface hydrology or groundwater, on or under the Property, other than fracking/hydrofracking/hydraulic fracturing, are allowed under this limited circumstance only. G. Waste and Debris. Processing, retention, storage, transporting, dumping, disposal, or injection of any, liquid, solid, gaseous, natural or man-made waste, refuse, or debris on or into the Property is prohibited. H. Water Courses, Groundwater. Natural water courses, lakes, wetlands, groundwater, and other bodies of water may not be altered, impounded, modified, filled, or covered, and water from such bodies of water, whether from surface or groundwater sources, may not be diverted or taken from or added to such bodies of water or sources, pumped or otherwise artificially removed or transported from the Property, or degraded or polluted. The Parties acknowledge an existing adjacent railroad culvert allows water to move between BVNS and the Property. I. Vehicle Use. Except in emergency situations, when performing operations in accordance with a Conservancy -approved Management Plan, or as otherwise expressly provided herein, there shall be no use or operation of vehicles on the Property, whether cars, trucks, sport utility vehicles (SUVs), jeeps, motorcycles, motor scooters, dirt bikes, all -terrain vehicles (ATVs), off -road vehicles (ORVs), dune buggies, tractors or other farm or agriculture equipment, mobile equipment, drill rigs, snowmobiles, or other types of motorized vehicles on the Property. Notwithstanding the foregoing, vehicles whose use results in minimal impact to the Property and do not impair the Conservation Values such as cars, trucks, ATVs, ORVs, farm vehicles, and other vehicles may be operated as a part of proper stewardship, restoration, or maintenance of the Property consistent with an approved Management Plan, on -going authorized use of part of the Property as a working hayfield, or parked in a limited, mutually -approved, designated parking area on or along the Property. J. Fires and Fireworks. Fires are prohibited except as expressly provided herein. The use of fireworks on or over the Property is prohibited. 61 K. Livestock. Raising or housing of livestock, poultry, or horses, commercial kenneling of animals, and commercial aquaculture are prohibited on the Property. The use of the Property as an animal feedlot is prohibited. The pasturing of the land for animals is prohibited except as expressly provided herein. L. Spraying. There shall be no use of insecticides, fungicides, rodenticides, or herbicides except as expressly provided herein. M. Introduction of Invasive Species and/or Cultivated Plant Species. Except for the existing hayfield permitted on the terms set forth herein, Owners, tenants, and other users of the Property shall not introduce, plant, sow, seed, or otherwise grow, culture, use, process, or store any plant species not native to Oakland County, Michigan in any form unless first approved in writing by Conservancy. N. Hunting, Fishing, and Trapping. Hunting, fishing, and trapping on the Property are prohibited except as expressly authorized and managed by Owners and are subject to applicable laws. No permanent structures, such as non -removable deer blinds or stands, or fishing piers or docks, and no food plots, shall be installed, maintained, or used as a part of or to assist with hunting, fishing, or trapping activities. O. Noise, Nuisance. Making loud noises contributing to noise pollution, such as setting off fireworks, playing loud music, or using electronic amplifiers or speakers to broadcast or amplify sounds which do not naturally occur or originate on the Property is prohibited. P. Exterior Lights and Lighting. Exterior lights and lighting that are left on for long periods during times of darkness, thus contributing to light pollution, such as street lamps or yard lights that go on at sunset and off at sunrise, are prohibited except as expressly provided herein. All exterior lights shall be shielded from direct view, oriented toward the ground, and configured to minimize light pollution. Owners shall ensure any exterior lighting on the Property is not regularly visible from BUNS. Q. Camping; Trailers, Travel Trailers, Campers, Motorhomes, Fifth -Wheels, and the Like. Camping is prohibited on the Property, whether inside or outside a vehicle, tent, or otherwise. The driving, parking, and use of trailers, travel trailers, campers, motorhomes, fifth -wheels, and similar vehicles and portable living spaces and equipment are all prohibited on the Property. R. Motorized Watercraft. Except as needed for proper stewardship of the Property or a neighboring property, the use of any watercraft on, or launched from the Property is prohibited. The installation of docks, piers, and boardwalks is prohibited. S. Logging. Except as needed for proper stewardship or restoration in accordance with an approved Management Plan for the Property, commercial logging, timbering, or other removal of live trees or standing dead trees is prohibited. T. Signs and Billboards. Billboards and signs are prohibited on the Property except as authorized in Section 5 or Section 6 below. 62 5. RIGHTS OF OWNERS. Owners retain all ownership rights not expressly granted, conveyed, or restricted by this Agreement, expressly including the following: A. Right to Convey. Owners retain the right to sell, donate or transfer the Property subject to this Agreement, and any subsurface oil, gas and mineral interests complying with Sections 4(E) Alteration of Land and 4(F) Mineral Exploration, Mining, Drilling, and Pumping of this Agreement such that no surface operations of any kind may be conducted on the Property or inconsistent with this Conservation Easement or the Conservation Values set forth herein. Every conveyance is subject to the terms of this Agreement and all subsequent Owners are and shall be bound by all obligations in this Agreement. Owners shall notify each prospective purchaser or other prospective transferee of the Property of this Agreement and its binding effect on subsequent Owners and provide each prospective purchaser or other transferee with a copy of this Agreement and of the Baseline Documentation Report at least 10 days before closing on the proposed transfer. Grantors and subsequent Owners shall notify Conservancy in writing of any conveyance, including to whom (name, address, email address, and telephone number) the Property has been or is to be conveyed, no later than 30 days after the closing on the conveyance. B. Roads, Trails, and Observation Platform. Owners retain the right to maintain, renovate, and replace the existing roads, trails, fences, and gates on the Property in substantially the same location and size as documented in the Baseline Documentation Report. Any maintenance, renovation, replacement, or expansion of existing roads or trails shall not materially alter their previous character or adversely or negatively impact the Conservation Values of the Property. Owners retain the right to install a new trail system including from Water Road to the overlook on the western portion of the Property, where Owners may install an observation platform and associated stairs and/or ramp, observation platform not to exceed 12 feet by 12 feet and not more than 8 feet off the existing ground surface, or such other dimensions as required by law, along with necessary improvements on the Property to support the trail and observation platform (including footings). Grantors envision and Conservancy accepts a trail system potentially from Perry Road on the Southern border of the Property northward across the Property, potentially with spurs including (i) into the woods towards the wetlands, and (ii) to the overlook on the western portion of the Property, looping back to Water Road in the northern portion of the Property, specific locations to be determined by Owners subject to Conservancy input. The location, size, installation, and maintenance of any trail shall not materially diminish or degrade the Property's Conservation Values as set forth herein. Trails shall not be for the use of motorized vehicles except as expressly authorized herein. The trail shall not be paved and will be mowed or constructed with a permeable surface of natural materials, which materials may be temporarily stockpiled (i) in or near the southeast corner of the Property no further than 150 feet from the Water Road right-of-way, and (ii) a location to be agreed between Owners and Conservancy along the eastern boundary of the Property in the area used as a hayfield as of the Effective Date, subject to Township ordinances including as to setbacks (in which case only the temporary stockpile areas may be further from said intersection or boundary). The trail shall not exceed eight feet in width, except as otherwise required by law. Trails may include 63 minor improvements for use by people, bikes, horses, and personal handicap mobility devices, such as bike racks, horse ties, benches, directional, interpretive and commemorative signs, and a garbage can. If a garbage can is installed, Owners, not Conservancy, will be responsible for emptying and maintaining the garbage can to ensure that it is not accessible to wildlife. If constructed, the observation platform shall be constructed primarily of wood (or other long-lasting wood -like recycled materials or other natural materials) and in a manner intended to blend in with the landscape and not be readily noticeable from BUNS. Nothing in this Conservation Easement supersedes or affects the existing Water Road right-of-way which runs along the eastern boundary of the Property or the Perry Road right-of-way which runs along the southern boundary of the Property. C. Right and Authorization to Manage Access to the Property. Subject to other applicable provisions of this Agreement, Owners retain the right and are authorized to manage access to the Property consistent with Owners' retained rights in the Property, so long as Owners ensure that such access does not impair the Conservation Values protected by this Agreement. Owners also retain the right and authorization to manage and set rules for the conduct of visitors to the Property consistent with permanent protection of the Conservation Values and any applicable law or ordinance. D. Right and Authorization to Steward the Property and Conduct Ecological Restoration. Owners retain the right and are authorized to conduct stewardship, ecological restoration, and maintenance on the Property consistent with permanent protection of the Conservation Values. Stewardship includes the responsible use of insecticides, fungicides, rodenticides, and herbicides consistent with applicable law, product labeling, and protection of Conservation Values, used only in those amounts and with a frequency of application that constitute the minimum necessary for control of non-native, nuisance, or invasive species. Ecological restoration includes, but is not limited to, planting species that are indigenous to Oakland County, removing non-native, nuisance, or invasive species, and/or installing erosion control structures. Owners retain the right to use fencing, if necessary, as part of Owners' efforts to conduct, protect, or maintain ecological restoration on the Property. Owners also may cut and remove hay, allow for light grazing by livestock (such as goats, horses, or cattle), and provide for natural community restoration and maintenance. Provided that highly -trained naturalists and other applicable professionals are consulted and provided further that all such activities are undertaken in strict compliance with all applicable laws and regulations, consistent with common sense and permanent protection of the Conservation Values, controlled burns and brush pile burning are allowed on the Property as a proper method to help restore and maintain natural habitat in appropriate situations. All natural area management and ecological restoration activities conducted will adhere to a "Management Plan" which will be developed, agreed to, and signed by then -current Owners and Conservancy prior to implementation of natural area management or ecological restoration. It is the specific intent of the parties to this Conservation Easement that the Management Plan will be periodically updated by Owners and Conservancy to allow flexibility to address changing ecological and human threats to the Conservation Values and management needs over time. Conservancy retains final authority to approve all stewardship and restoration activities consistent with permanent 64 protection of the Conservation Values, absent a court or other lawful order to the contrary. E. Timber/Vegetation Management. Owners retain the right to prune, trim, cut, and remove trees or vegetation: (a) which pose a clear, imminent and documentable threat to human life or property or Conservation Values; (b) necessary for the maintenance and safe use of then -existing trails; (c) which pose a threat of infestation or are a recognized non-native, nuisance, or invasive species, (d) as part of stewardship or ecological restoration or natural area management as allowed for by the Management Plan described above, or (e) consistent with other activities authorized herein (e.g., construction, use, maintenance, renovation, and replacement of the authorized/potential future small storage shed and/or observation platform). Owners retain the right to themselves or to authorize others to remove fallen trees from designated areas. All pruning, trimming, cutting, and removal of trees and vegetation shall be at appropriate times to limit the spread of disease (e.g., trimming oaks in winter only to prevent spread of oak wilt). F. Vehicle Access. Emergency vehicles are authorized to enter onto the Property at any time to facilitate emergency medical service and/or to convey persons off of the Property. On -road vehicles may be operated on the Property only on the existing non - paved lane and in any parking lot that is developed and otherwise only in conjunction with activities otherwise specifically authorized herein. Vehicles also may be used to conduct stewardship and ecological restoration as allowed for by the Management Plan. Likewise, fire -fighting equipment may enter the Property in connection with fire prevention as a part of stewardship or restoration controlled burns and to undertake actual firefighting activities. Farm vehicles may be used for hay removal within the hayfield portion of the Property. Owners and Conservancy may use/allow use of personal mobility devices on trails to provide accessibility required by the Americans with Disabilities Act and/or any other applicable accessibility statute or law. All permitted vehicle use, other than that which is required by the American with Disabilities Act or otherwise required by law, shall be minimized and compatible with the Property's Conservation Values as set forth herein. G. Signs. Owners have the right to place and replace signs and plaques on the Property as follows: • Signs setting forth the name and contact information of Owners and/or Conservancy and/or the address of the Property. • Signs stating that the Property is protected by a conservation easement. • Signs recognizing Grantors' donation to Conservancy. • Signs prohibiting trespass or other unauthorized entry or use. • Signs displaying Property use rules or limitations. • Trail, boundary, and directional signs. • Ecological, interpretive, and educational signs. • Memorial plaques or signs on stands or rocks. • Signs announcing upcoming events. • Signs displaying other information related to the safe use of the Property and/or for protection of the Conservation Values. 65 All Owner signs must comply with all applicable laws and ordinances, and the number, location, size, installation and maintenance of any signs shall not materially diminish or degrade the Property's Conservation Values as set forth herein. H. Hayfield. Owners retain the right to continue using the existing hayfield for production of hay, to allow the hayfield to become idle, fallow or uncultivated, or to restore the hayfield back to a natural vegetative community in accordance with the Management Plan. If the hayfield has been allowed to become idle, fallow, or uncultivated for a period of three or more consecutive annual growing seasons, or at any time has been restored or allowed to return to a natural vegetative community, it shall not then be reverted or converted back to hayfield or any other agricultural land use. Owners are under no obligation to plan for, arrange for, pay for, or reimburse Conservancy or anyone else for ecological restoration of the hayfield area or change the hayfield to any other condition. 6. RIGHTS OF CONSERVANCY. Owners confer the following rights upon Conservancy to perpetually maintain the Conservation Values of the Property: A. Right to Enter; Notice. Conservancy staff and authorized Conservancy contractors may enter the Property at reasonable times to monitor the Property, including at least one annual Conservation Easement monitoring visit. Conservancy staff and authorized Conservancy contractors also have the right to enter the Property at reasonable times to determine if there is compliance with the terms of this Conservation Easement and to enforce compliance with or otherwise exercise Conservancy's rights under this Conservation Easement, including for the purpose of obtaining evidence related to potential or actual violations of and/or judicial enforcement of this Conservation Easement. Conservancy staff also shall have the right to enter the Property at reasonable times in order to conduct scientific and educational observations and studies and take samples which are consistent with permanent protection of the Conservation Values. Except in case of bona fide emergency or as otherwise agreed on a case -by -case basis with Owners, Conservancy will endeavor to provide at least two weeks' actual notice to Owners prior to entering the Property, by telephone, email, text message, or otherwise. Conservancy will not interfere with Owners' use and quiet enjoyment of the Property. This Agreement does not authorize and Conservancy has no right to permit others (other than authorized Conservancy contractors after notice to Owners) or the public at large to enter the Property except as specifically authorized by Owners in a separate writing (not this Conservation Easement); the Parties agree an email from Owners to Conservancy expressly authorizing such entry on a specific date or dates for purposes consistent with this Agreement and Conservancy's Mission satisfies the requirement of such a separate writing; Conservancy shall keep copies of such written authorizations for a minimum of four years and provide copies or facsimiles of same to Owners and subsequent owners upon written request. 66 B. Right to Monitor. Conservancy shall have the right but not the obligation to monitor the condition of plant and animal populations, plant communities, and natural habitats on the Property and Owners' protection of the Conservation Values set forth herein. C. Right to Preserve. Conservancy has the right to prevent any activity on or use of the Property that is prohibited under this Agreement, inconsistent with the purposes of this Conservation Easement, or detrimental to the Conservation Values of the Property. D. Right to Require Restoration. Conservancy has the right to require Owners to restore to its condition at the time of donation of this Conservation Easement, any area or feature of the Property which has been damaged by any activity prohibited by or inconsistent with the purposes of this Conservation Easement, provided, however, Conservancy may not require restoration for damage to the Property resulting from causes beyond Owners' control, including, but not limited to, unauthorized actions by third parties (including but not limited to vandalism by third parties); railroad accidents and railroad construction activity; natural disasters such as unintentional fires, floods, storms, and natural earth movement; easement holder accidents and actions including repairs and replacements; or even an Owner's well-intentioned action in response to an emergency resulting in changes or damage to the Property. Owners have no responsibility or liability under this Conservation Easement for such acts or modifications or resulting change in condition or damage to the Property. E. Signs. Conservancy has the right to place, maintain, and replace signs on the Property which identify the land as protected by this Conservation Easement, including boundary markers. The number, location, size, and general content of Conservancy signs are subject to Owners' approval, which approval shall not be unreasonably withheld, conditioned, or delayed provided Conservancy's signs are not inconsistent with the Conservation Values protected by this Agreement. Such signs may be revised, updated and replaced provided such revisions, updates, and replacements are not inconsistent with the number, location, size, and general content of signs revised, updated, or replaced and Owners' prior approvals, provided, however, reasonable revisions, updates, and changes may be made to the content of Conservancy signs without further Owner approval. All Conservancy signs must comply with all applicable laws and ordinances, and the number, location, size, installation and maintenance of any signs shall not materially diminish or degrade the Property's Conservation Values as set forth herein. F. Vehicle Access and Use. Trucks, ATVs, ORVs, tractors, and equivalent vehicles and equipment may be used on a temporary basis by Conservancy and/or its contractors to conduct conservation -based stewardship and/or ecological restoration on the Property. Owners and Conservancy may use/allow use of personal mobility devices on trails to provide accessibility required by with the Americans with Disabilities Act and/or any other applicable accessibility statute or law. All permitted vehicle use, other than that which is required by the American with Disabilities Act or otherwise required by law, shall be minimized and compatible with the Property's Conservation Values as set forth herein. 67 G. Right to Report. Conservancy shall have the right but not the obligation to report to regulatory authorities any environmental condition or any potential or actual violation of environmental or land use laws with respect to the Property. 7. CONSERVANCY'S REMEDIES. This section addresses cumulative remedies of Conservancy and limitations on these remedies. A. Acts Beyond Owner Control. Conservancy may not bring an action against any Owner for modifications to the Property resulting from causes beyond Owner's control, including, but not limited to, unauthorized actions by third parties (including but not limited to vandalism by third parties); railroad accidents and railroad construction activity; natural disasters such as unintentional fires, floods, storms, and natural earth movement; easement holder accidents and actions including repairs and replacements; or even an Owner's well-intentioned action in response to an emergency resulting in changes or damage to the Property. Owners have no responsibility or liability under this Conservation Easement for such acts or modifications or resulting change in condition or damage to the Property. B. Notice and Demand. If Conservancy determines that an Owner is in actual or threatened violation of this Conservation Easement, Conservancy shall provide written notice of the actual or threatened violation to all current Owners previously disclosed to or otherwise known to Conservancy. Conservancy's written notice shall identify the actual or threatened violation and required corrective action to cure the actual or threatened violation and, where the Property has been damaged or injured, request corrective action to restore the Property. However, if at any time Conservancy determines, in its sole discretion, that the actual or threatened violation constitutes immediate and irreparable harm, no written notice is required and Conservancy may immediately pursue its remedies to prevent or limit harm to Conservation Values of the Property. Owners agree to reimburse all reasonable litigation costs and fees Conservancy actually incurs associated with enforcing this Conservation Easement; as between Conservancy and Owners, Conservancy is otherwise responsible for and shall bear all other costs of identifying and responding to any actual or threatened violation of the Conservation Easement without in any way limiting the Conservancy's ability to pursue recovery or recoupment of such Conservancy costs and fees from third parties. C. Failure to Act. If within 28 days after receiving Conservancy's written notice, Owners do not implement corrective action or measures demanded by Conservancy (other than due to seasonal weather conditions or reasonable inability to secure necessary material), Conservancy may bring an action in law or in equity to enforce the terms of this Conservation Easement. In the case of immediate or irreparable harm or if no Owner can be notified, Conservancy may invoke these same remedies without notification and/or awaiting the expiration of the 28-day period. D. Actual or Threatened Non -Compliance. Conservancy's rights under this Section apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement Agreement. Owners agree that any Conservancy claim for money damages for violation of this may be inadequate. Upon proof of an actual or threatened violation of this Conservation Easement, Conservancy shall be entitled to 68 affirmative and prohibitive injunctive relief and specific performance, both prohibitive and mandatory. Conservancy's claim for injunctive relief or specific performance for a violation of this Conservation Easement shall not require proof of actual damage to Conservation Values on the Property. The parties agree that Conservancy is entitled to seek an order enjoining the alleged violation through temporary or permanent injunctive relief and to seek specific performance, declaratory relief, restitution, reimbursement of expenses, and/or an order compelling Owners to restore the Property. If the court determines that Owners have failed to comply with this Conservation Easement, Owners shall reimburse Conservancy for all reasonable litigation costs including reasonable attorney and expert witness fees actually incurred and all costs of corrective action or restoration reasonably incurred by Conservancy as a result of Owners' non-compliance with this Agreement. If the Court determines Conservancy's action was without merit, Conservancy upon request by Owner shall reimburse Owners for all reasonable litigation costs including reasonable attorney and expert witness fees and costs actually incurred as a result of Conservancy's action. E. Delay in Enforcement. Any delay in providing notice or in enforcement under this Agreement shall not be construed as a waiver, relinquishment, release, modification, or alteration of Conservancy's rights to enforce or remedies under the terms of this Conservation Easement. F. Cumulative Remedies. The preceding remedies of Conservancy are cumulative. Any or all of the remedies may be invoked by Conservancy if there is an actual or threatened violation of this Conservation Easement. No failure by Conservancy to pursue any or every remedy available to Conservancy shall be construed as a waiver, relinquishment, release, modification, or alteration of Conservancy's rights as to any unasserted remedy or to otherwise enforce or seek remedies under the terms of this Conservation Easement. 8. NOTIFICATION PROVISION. Conservancy is entitled to 60 days' written notice whenever its approval is required under this Conservation Easement, unless a different time period is specified herein or agreed to by Conservancy and Owners. If Conservancy fails to respond within 60 days after it receives Owners' written request, then its approval shall be deemed denied. If an approved activity is not completed within three years after the approval date, other than stewardship or ecological restoration and related on -going maintenance, then Owners must re -submit Owners' written request for approval to Conservancy. Owners need not obtain approval of Conservancy in order to exercise Owners' rights reserved herein, provided, however, Owners shall notify Conservancy in writing before exercising any reserved right which may have an adverse impact on Conservation Values associated with the Property, including but not limited to any right with respect to oil or gas or mineral exploration or extraction. 69 9. CONSERVATION EASEMENT REQUIREMENTS UNDER MICHIGAN LAW AND UNITED STATES TREASURY REGULATIONS. A. This Conservation Easement is an immediately vested interest in real property created pursuant to the Conservation and Historic Preservation Easement, Subpart 11 of Part 21 of the Michigan Natural Resources and Environmental Protection Act, MCL § § 324.2140 et seq. B. This Conservation Easement is established for conservation purposes pursuant to the Internal Revenue Code, as amended, Title 26, USC Section 170(h)(1)-(6) and Sections 2031(c), 2055, and 2522, and under Treasury Regulations at Title 26 C.F.R. Section 1.170A-14 et seq., as amended or superseded. C. Conservancy is qualified to hold conservation easements pursuant to these statutes. It is a nonprofit organization qualified pursuant to the Internal Revenue Code, as amended, Title 26 USC Section 501(c)(3). 10. OWNERSHIP COSTS AND LIABILITIES. In accepting this Conservation Easement, Conservancy does not agree to pay and shall have no liability, responsibility, or other obligation for payment of costs, liabilities, taxes, assessments, or insurance of any kind related to the Property. To protect the validity and/or enforceability of its rights under this Conservation Easement, Conservancy shall have the right but not the duty to pay any delinquent taxes, assessments, judgments, or other charges asserted against the Property and to require reimbursement for all such expenses from Owners. Conservancy, its members, trustees or directors, officers, employees, contractors, agents, and volunteers have no liability arising from injury or death to any person or physical damage to any property on the Property except to the extent such claim arises out of the sole negligence of Conservancy or its employees, contractors, or agents in their roles as such. Owners agree to indemnify, defend, and hold Conservancy harmless against any such claims arising during the term of Owners' ownership of the Property, at Owners' expense, except to the extent such claim arises out of the sole negligence of Conservancy or its employees, contractors, or agents in their roles as such. 11. HAZARDOUS MATERIALS. Grantors represent and warrant that they have no knowledge of any hazardous substance or toxic waste that exists on, at, or under the Property, or has been generated, treated, stored, used, disposed of, or deposited in or on the Property, and that they have no knowledge of any current or former underground storage tank located on the Property. Grantors and their successors and assigns shall indemnify, defend and hold Conservancy harmless from any liability related to any Grantor misrepresentation and/or false warranty in this Section. Owners and their successors and assigns shall indemnify, defend and hold Conservancy harmless from any liability arising out of or related to any Owner's use, storage, processing, deposit, injection, or release of any hazardous substance or toxic waste on the Property after the Effective Date of this Conservation Easement. 70 12. ASSIGNMENT. To the extent permitted by applicable law, Conservancy may assign its rights and obligations under this Conservation Easement but only to an entity which: • Has similar conservation purposes; • Is organizationally qualified and authorized to acquire and hold conservation easements; • Is a "qualified organization" for purposes of Internal Revenue Code Section 170(h)(3) or an authorized unit of Michigan government which is not the Owner or controlled by the Owner; and • Has agreed to assume all of Conservancy's rights and responsibilities hereunder and carry out the conservation purposes of this Conservation Easement. Conservancy agrees it shall not transfer this Conservation Easement unless the transferee organization as a condition of such transfer agrees to carry out the conservation Purposes for which this donation is intended including permanent protection of the Conservation Values set forth herein. 13. CESSATION OF EXISTENCE. If Conservancy ceases to exist, fails to be a "qualified organization" for purposes of Internal Revenue Code Section 170(h)(3), or is no longer authorized to hold conservation easements, then this Conservation Easement shall be assigned to, transferred to, become vested in, or otherwise be distributed by a court consistent with the doctrine of cy pres to another entity which: • Has similar conservation purposes; • Is organizationally qualified and authorized to acquire and hold conservation easements; • Is a "qualified organization" for purposes of Internal Revenue Code Section 170(h)(3) or an authorized unit of Michigan government which is not the Owner or controlled by the Owner; and • Has agreed to assume Conservancy's rights and responsibilities hereunder. 14. TERMINATION. This Conservation Easement may be extinguished only by an unexpected change in condition which renders it impossible to fulfill the Conservation Easement's purposes or by exercise of eminent domain as set forth below: A. Unexpected Change in Conditions. If a subsequent unexpected change in the conditions surrounding the Property makes the purposes of this Conservation Easement impossible to fulfill, then this Conservation Easement may be partially or entirely terminated but only by judicial proceedings, with Conservancy then entitled to a share of the proceeds of any sale, exchange, or involuntary conversion of the Property, according to Conservancy's proportional interest in the Property as determined and as required under Treasury Regulations Section 1. 170A- 14(g)(6)(ii) or its successor. Notwithstanding the foregoing, Owners and Conservancy intend that this Conservation Easement is not subject to the legal doctrine of "changed conditions" that is applied to traditional servitudes. In making this grant, Grantors have considered the possibility that uses prohibited by the terms of this Easement may become more economically valuable than permitted uses, and that neighboring properties may in the future be put entirely to uses prohibited hereunder. The unprofitability of conducting or implementing any or all of the uses permitted under the terms of the Conservation Easement or unprofitability of refraining from conducting or implementing any or all of the prohibited actions under this Conservation Easement or otherwise using the Property shall not impair the validity of this Conservation Easement or be considered grounds for its termination or extinguishment. It is the intent of Grantors that any such economic changes shall not be 71 deemed to be changed conditions or a change of circumstances justifying the judicial termination, extinguishment or amendment of this Conservation Easement. B. Eminent Domain. If the Property is taken, in whole or in part, by power of eminent domain, then Conservancy will be entitled to compensation by the method as is set forth in IRC Treasury Regulations Section 1. 170A- 1 4(g)(6)(ii) or its successor. C. All Such Proceeds to Be Used For Conservation Purposes. All proceeds received by Conservancy as a result of judicial proceeding or eminent domain as described above must be used by Conservancy for conservation purposes in a manner consistent with the Purposes of Grantors' donation herein, preferably in Oakland County or an adjacent Michigan county. 15. LIBERAL CONSTRUCTION. This Conservation Easement shall be liberally construed in favor of maintaining the Conservation Values of the Property and in accordance with the Conservation and Historic Preservation Easement provisions, Subpart 11 of Part 21 of the Michigan Natural Resources and Environmental Act, MCL §§ 324.2140 et seq. 16. NOTICES. All notices required or permitted under this Agreement shall be in writing and deemed given to a party and effective when: a) delivered in person to a party or to an officer of the party being notified, or b) sent by certified mail return receipt requested, express mail with proof of delivery, first class mail prepaid, or a recognized nationwide courier service with proof of delivery to a party at the address set forth herein or to the last known address of a parry. Unless later otherwise agreed, no form of U.S. Mail shall be sent to Grantors at their physical residential address (there is no mailbox there). Either parry may change its address by providing written notice of the same. Refusal of a party to accept notice shall not impair the giving of notice. The courtesy of email, text message, or notice by telephone is encouraged if time is of the essence but attempted or actual notice by any of these informal means does not waive the formal written notice requirements contained in the beginning of this Section. 17. SUBORDINATION. Grantors represent and warrant that as of the date of the execution of this Conservation Easement, the Property is not subject to any mortgage, lien, claim or interest which has not been subordinated to this Conservation Easement. Any mortgage, lien, claim, or interest in the Property arising after the date of recording this Conservation Easement shall be subject and subordinate to the terms of this Conservation Easement. 18. SEVERABILITY. If any portion of this Conservation Easement is determined to be invalid, all remaining provisions remain in force. 19. SUCCESSORS. This Conservation Easement is binding upon and inures to the benefit of Owners' and Conservancy's respective successors in interest. All Owners of the Property are bound by and to all provisions of this Conservation Easement to the same extent as Grantors. Except as otherwise specifically limited herein, all Owners of the Property during their respective periods of ownership have the rights described under Section 5 of this Conservation Easement Agreement. 20. AMENDMENT. Owners and Conservancy may jointly amend this Conservation Easement provided that no amendment shall be allowed that shall affect the qualification of this 72 Conservation Easement or the status of Conservancy under any applicable law, including MCL §§ 324.2140 et seq. or Section 170(h) of the Internal Revenue Code, and any amendment, in the sole determination and discretion of Conservancy, shall be consistent with the Purpose of the Conservation Easement, shall not impair or interfere with the Conservation Values or Purpose of this Conservation Easement, shall not result in any private inurement to any Owner, and shall not affect the perpetual duration of this Conservation Easement. Any such amendment must be in writing and shall be promptly recorded with the Register of Deeds for Oakland County, Michigan. 21. OWNERS' RESPONSIBILITY AND CONSERVANCY APPROVAL. If the approval of, consent to or non -objection by Conservancy is required or given regarding any act, action, or activity of Owners or Owners' agents or contractors upon the Property, then, notwithstanding any such Conservancy approval, consent, or non -objection, for all purposes Owners shall be solely responsible for the planning, design, necessity, implementation, means, methods, materials, execution, adequacy, timing, soundness supervision, inspection, completion, conduct, effectiveness, impacts, results, consequences, or maintenance of any such activity and any act or omission in connection therewith, occasioned thereby, or arising in connection with the same, including without limit any adverse impact the same may have upon the Conservation Values protected by this Conservation Easement. Under no circumstances shall the approval of, consent to and/or non -objection by Conservancy to any act, action, activity of Owners or Owners' agents or contractors be deemed to be, directly or indirectly, in whole or in part, participation, acceptance, ratification, release, waiver, or a defense or other impediment to Conservancy's right to protect the Conservation Values of or otherwise to enforce the terms of this Conservation Easement against Owners or any third person. 22. TERMINATION OF RIGHTS AND OBLIGATIONS. A parry's future rights and obligations under this Conservation Easement terminate upon transfer of that parry's interest in the Property, provided, however, Owners' and Conservancy's liability for acts or omissions occurring prior to transfer survive all such transfers. 23. NO MERGER. In the event the holder of this Conservation Easement acquires the encumbered Property in fee, this Easement shall not be extinguished. This Easement is created and to be held for the benefit of the public and not for the benefit of Conservancy or any successor thereto. 24. RECORDING. Conservancy is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Easement Agreement. To the extent necessary, for such purpose only, Owners appoint Conservancy as Owners' attorney -in -fact to execute, acknowledge and deliver all such instruments on behalf of Owners. Without limiting the foregoing, Owners agree to execute any such instrument upon request. 25. MICHIGAN LAW. This Conservation Easement Agreement will be construed in accordance with Michigan law. Owners and Conservancy agree and consent that all litigation and other court proceedings with respect to or arising out of this Conservation Easement shall be filed, heard, and decided by a court of competent jurisdiction in Oakland County, Michigan with jurisdiction over the Property or where Conservancy maintains its principal place of business in Michigan provided same is not more than 100 miles from Oakland County, Michigan. 73 26. LEGAL COUNSEL. Grantors and Conservancy acknowledge that: (i) each has had the opportunity to consult with and be represented by legal counsel in connection with this Agreement; (ii) each has executed this Agreement following an opportunity to obtain the advice of such counsel; and (iii) this Agreement is the result of negotiations between the parties hereto and with the advice and assistance of their respective counsel. Any uncertainty or ambiguity in this Agreement shall not be construed against any party because that party's counsel prepared some or all of this Agreement. Grantors and Conservancy shall each bear their own respective legal fees related to preparation and execution of this Agreement, the Baseline Documentation Report, any related documents, and any initial Management Plan, and Owners and Conservancy shall each bear their own legal and any consulting fees related to preparation or execution of any amendments hereto and any updates or changes to the Management Plan. Each party shall execute any amendment necessary to correct any scrivener's error and shall execute any ancillary document needed to fully implement the intent of the parties as stated herein. 27. ENTIRE AGREEMENT. This Conservation Easement Agreement sets forth the entire agreement of the parties. It is intended to supersede all prior discussions or understandings. This Agreement has been signed and delivered as of the Effective Date: Grantors: Dated: October , 2021 Kurt W. Jung Dated: October , 2021 Maura A. Lobos Jung STATE OF MICHIGAN COUNTY OF OAKLAND Acknowledged before me on this day of October, 2021, by Kurt A. Jung and Maura A. Lobos Jung. Notary Public County, Michigan Acting in: County, Michigan My Commission expires: 74 This Agreement has been signed and delivered as of the Effective Date: Conservancy: Dated: October , 2021 Garret Johnson Executive Director Michigan Nature Association STATE OF MICHIGAN ) COUNTY OF INGHAM ) Acknowledged before me on this _ day of October, 2021, by Garret Johnson, Executive Director, Michigan Nature Association. Notary Public County, Michigan Acting in: County, Michigan My Commission expires: PREPARED BY AND AFTER RECORDING PLEASE RETURN TO: Andrew D. Bacon Conservation Director Michigan Nature Association 2310 Science Parkway, Suite 100 Okemos, MI 48864 Telephone: (866) 223-2231 PLEASE CONTINUE TO SEND TAX BILLS TO: Kurt W. Jung and Maura A. Lobos Jung P.O. Box 250 Davisburg, MI 48350 9-17-2021 75 Oakland Countv Parks and Recreation Commission Aqenda Item Memo Agenda #: 12 Department: Planning & Resource Development From: Melissa Prowse, Supervisor — Planning & Resource Development Sue Wells, Interim Executive Officer Subject: Motion — Approval Oakland County Parks and Recreation Trailways and Park Improvement Grant Programs Guidance and Scoring INTRODUCTION AND HISTORY With the approval of the millage in November 2020, the Oakland County Parks and Recreation Commission (OCPRC) has been developing 2 grant programs to support local Oakland County community projects in two categories — Trailways and Park Improvements. The applications are scheduled to be released on November 1st, with an application deadline in January. A full timeline of the process is included in the Grant Program Guidance document, attached. Staff are working with Oakland County Information Technology (OCIT) and Oakland County Economic Development and Community Affairs (EDCA) on the development of an online application tool using Laserfiche, a web -based software that is currently utilized both internally throughout the county as well as externally for grant applications for other county -run grant programs. The application itself will not be fully developed until sometime in October, but it will be based on the attached OCPR Grant Program Guidance, which outlines both the criteria and eligibility for the grants, as well as information on each question that will be asked in the application. It is meant to serve as a resource for applicants to ensure that they are providing OCPR with all of the information necessary to review and score their application. Also attached for Commission consideration is the scoring matrix. The scoring will be done in two different ways. Some questions will auto -score in Laserfiche based on how the applicant answers the question. For example, we will be awarding more points for those communities with lower household income than those with higher household income. By selecting their community from a drop -down menu, this will auto -score in Laserfiche based on SEMCOG household income data for Oakland County communities. The bulk of the questions will be scored manually by a team of staff based on the manual scoring sheet (attached). The process will be similar to how we review and score bids for contracts — a team of staff (including one staff member from EDCA) will score applications, then meet to review and discuss, coming up with a combined recommendation to the Administrative Management Team on which applications should receive funding. AMT will then meet with the review team to go over each application and make the final recommendation to the commission. In order to move forward with the final development of the online application, staff are requesting that the Commission approve the Application Guidance and the scoring tools. These can be reviewed and refined each year as needed, but these will be the tools for the FY2022 grant round. This will also allow staff to finalize an outward -facing Guidance document that the Communications & Marketing team is currently putting together, so we can begin sharing that out to the CVTs (the same document in this packet, but with a nicer layout, photos, etc.). We'd like to give the CVTs as much lead time as possible to put together their applications, so the sooner we can show them what the requirements are, the sooner they can begin putting together the necessary information/approvals/documents. Staff plans to hold an informational webinar with all of the CVTs in mid -November as well to walk through the 76 application process and answer any questions they may have about the application or the process (see timeline in Guidance). We will also be creating a Web page for the grant programs with all of the documents and tools that grantees will need, including links to other funding sources that could potentially be used as match. STAFF RECOMMENDATION Staff recommends the Commission approve the Oakland County Parks and Recreation Grant Program Guidance and Scoring Tools for the FY2022 Trailways and Park Improvements Community Grant Programs. ATTACHMENTS • OCPRC Grant Program Guidance • Park Improvements Grant Program Scoring • Trailways Grant Program Scoring • OCPRC Grant Programs Manual Scoring Tool (same for both grant programs) MOTION Move to approve the Oakland County Parks and Recreation Gant Program Guidance and Scoring Tools for the FY2022 Trailways and Park Improvements Community Grant Programs. 77 QAKLAND COUNTY PARKS Oakland County Parks and Recreation Grant Programs Guidance for Applicants Updated September 17, 2021 OCPR Mission Statement OCPR address, phone number, web site List of OCPR Commissioners as of October 2021 For information about the Oakland County Parks and Recreation Grant Programs, please contact: Amanda Herzog Project Advisor — OCPR Grant Programs phone (pending) e-mail (pending) Melissa Prowse Supervisor— Planning & Resource Development (248) 249-2801 prowsem@oakgov.com Introduction The Oakland County Parks and Recreation Millage was passed by voters in November 2020. A portion of these funds will be used for competitive grant programs that support local park improvement projects and non -motorized trails. The Oakland County Parks and Recreation (OCPR) Grant Programs were created to assist local communities with planning, preliminary engineering/design, and construction costs directly related to park improvement and trail projects located in Oakland County. $1.2M is available for the OCPR Grant Programs for Fiscal Year 2022 (Oakland County Fiscal Year begins October 1). Currently $750,000 has been allocated for the Trailways Grant Program, and $450,000 allocated for the Park Improvements Grant Program. The Parks and Recreation Commission reserves the ability to adjust the funding in each grant program if needed to best meet the needs of Oakland County communities. Schedule for Oakland County Parks and Recreation Trailways and Park Improvements Grant Programs Request for Proposals Informational Webinar November 1, 2021 November 18, 2021 Grant Applications Due Online by 11:59 p.m. January 14, 2021 Award Announcement April 2022 Project Period Begins Upon execution of grant agreements 78 Project Period Ends Date on executed grant agreement Final Report Due 60 days after project period end date Oakland County Parks and Recreation Grant Program Overview and Eligibility Trailways Grant Program Goals Fund trail planning/design/engineering (pre -development) as well as development/construction, with a priority of closing gaps and/or making connections to planned trail networks and systems within Oakland County. Projects should fill gaps, connect key locations or existing pathways, or otherwise be part of a larger trail planning effort. No stand-alone projects will be considered (unless they are part of a larger coordinated effort). Trail projects within a park facility may be eligible for the OCPR Park Improvements grant program. "Trail project" is defined as: a non -motorized trail, path, pathway, shared - use path, pathway connector, on -road bike facility, water trail and trail -related amenities including, but not limited to, trailheads, pedestrian -activated traffic control devices, bike racks, bike repair stations, wayfinding signs, bridges, boardwalks, tunnels and benches. Park Improvement Grant Program Goals Fund city, village or township park planning/design/engineering projects (pre -development) as well as development/construction of projects that promote and provide public outdoor recreation opportunities. "Park Improvements" is defined as: Improvement Projects must promote fishing, hunting, beaches, boating access, picnic areas, winter sports areas, playground equipment, ball fields, court sports, skate parks, sports fields, disc golf, park trails, spray parks/splash pads, or support/improve the user experience, including be not limited to nature interpretive buildings, visitor centers, restrooms, trailheads, parking areas, or maintenance/equipment storage buildings. Grant Limits Trailways Grant Program Pre -Development Grants — $5,000 minimum - $25,000 maximum Development Grants - $5,000 minimum - $200,000 maximum Park Improvements Grant Program Pre -Development Grants - $5,000 minimum - $25,000 maximum Development Grants - $5,000 minimum - $100,000 maximum Grant Match A minimum 25% grant match is required for all grants. Eligibility • Grant Projects must be located in Oakland County, Michigan. The Grant application must be submitted by a city, village, or township in Oakland County. The State of Michigan, school districts, regional authorities, federally recognized Native American tribes, colleges, universities, private recreation providers, land conservancies, and conservation districts are NOT eligible. Grant Requirements • Park Improvement and Trail Development Projects must be identified in an approved/adopted plan including, but not limited to, a 5-year Parks and Recreation Plan, Capital Improvement Plan, Trailways Master Plan, Complete Streets Plan, Pathways Plan, or Community Master Plan. 79 • Each city, village, or township is only able to receive funding for projects in their jurisdiction every 3 years. For example, if a community is awarded grant funding in 2022, they cannot submit another application until 2024. • Communities should submit only one application per cycle, for either the Park Improvements Grant Program or the Trailways Grant Program. • Pre -development Grants involve activities prior to construction of a park improvement or trail project including, but not limited to design, preliminary engineering, Phase 1 or 2 Environmental Site Assessments, public engagement and construction plans • Development Grants involve activities commencing with the construction of a park improvement project or a trail • Park Improvement Projects can create new park facilities or can renovate existing facilities (so long as the need for renovation is not due to poor maintenance, design, or construction). • Park Improvement Projects must promote fishing, hunting, beaches, boating access, picnic areas, winter sports areas, playground equipment, ball fields, court sports, skate parks, sports fields, disc golf, park trails, or support/improve the user experience, including be not limited to nature interpretive buildings, visitor centers, restrooms, trailheads, parking areas, or maintenance/equipment storage buildings. Construction management and permit fees associated with Park Improvement projects are eligible expenses for reimbursement. If you are unsure if your project is eligible for grant funding, please reach out to grant staff to discuss. • Ineligible Expenses: Funding will not be provided for the following projects: (1) Indoor recreation facilities (except those that support outdoor recreation), (2) land acquisition, (3) stadiums for professional sports, (4) art displays, (5) decorative fountains, (6) facilities for historical interpretation, (7) projects that would create an unfair competitive situation with private enterprise, and (8) invasive species removal, shoreline stabilization, or erosion control that are not directly related to the improvements of recreation facilities at the project site, (9) ongoing maintenance costs. Application Guidance Responses to questions in the online application form should be brief but informative. Maximum word counts are identified for each question, but do not need to be reached for a successful application. TAB 1: APPLICANT INFORMATION Project Title Please use a title that includes the applicant agency name and a few words to describe the proposed project (i.e. "Ferndale Pathway Development," or "Clawson City Park Playground Replacement.") Name of City, Village or Township Select applicant city, village or Township from the drop -down menu. Primary Grant Administrator Contact Information This should be the person responsible for administering the grant and should be someone directly familiar with the project and able to answer questions about the project. Project Partners Please describe any partners that are contributing directly or indirectly to the project (i.e. financial support, volunteer labor/services, donors of materials/supplies, etc.). Please do not list project "supporters" in this section, but rather submit letters of support from these organizations in the Uploads section of the online application. 80 Grant Type Select the type of grant for which you are applying — the Trailways Pre -Development Grant Program (design, engineering, planning, etc.) or the Trailways Development Grant Program (construction). TAB 2: FINANCIAL INFORMATION Match Sources Please list all match sources in this section. Match can be identified as "pledged, awarded, budgeted or pending." Please list each source separately by adding a new row for each match source. Pending funding should include any other grants that have been applied for but not awarded at the time of submission. Applicant match sources may include: 1. General Funds or Local Restricted Funds: Local cash or budgeted funding from the applicant's general fund or restricted recreation funds 2. Force Account Labor: The applicant's paid employees who will work directly on the construction of the project. This value cannot include administration or supervision costs but may include design engineering and other professional services. 3. Federal or State Funds: Federal or State grant funds that have been awarded (or are pending award) for funding within the OCPR grant project period. 4. Private or Philanthropy: Funding that has been awarded through private donations or philanthropic organizations. 5. Cash Donations: Cash generated from donations, fund-raising or other similar means. 6. Donated Labor/Materials: Labor or materials directly related to the construction of the project from sources other than the applicant's own paid labor. Donated labor will be valued at minimum wage unless the person is professionally skilled in the work being performed on the project. When a professional is volunteering professional services, the wage rate this individual is normally paid for performing this service may be charged to the project. Value of donated materials must be documented. Value of donated land will not be counted as match. Grant Match and Project Costs Please list the total project cost, the amount requested from Oakland County Parks and Recreation, and the local match being provided. Indicate the status of each match source using the drop -down menu to select "pledged, awarded, budgeted or pending." Trailways Grant Program o Pre -Development Grants — 25% match required. Grants range from $5,000 - $25,000 (for example, for a $10,000 project, a minimum of $2,500 should be provided by the applicant). o Development Grants - 25% match required. Grants range from $5,000 - $200,000 (for example, for a $200,000 project, a minimum of $50,000 should be provided by the applicant). Park Improvements Grant Program o Pre -Development Grants — 25% match required. Grants range from $5,000 - $25,000 (for example, for a $10,000 project, a minimum of $2,500 should be provided by the applicant). o Development Grants - 25% match required. Grants range from $5,000 - $100,000 (for example, for a $100,000 project, a minimum of $25,000 should be provided by the applicant). 81 Project Budget Using the form in the online application, please provide a project budget. To add additional scope items, click the plus sign to add additional rows. Please round to the nearest dollar. Grantees are eligible for all cost overruns or any additional costs needed to complete the project that are not identified in the submitted project budget. See Eligibility section for a list of non -eligible expenses. TAB 3: PROJECT DETAILS Project Description This section contains 5 individual questions to provide detail on the project. 1. Describe the physical location of the proposed project and ownership of the property. Describe any nearby features or amenities that may impact the project or benefit from the project. (250 word max) 2. Describe the project design and why it was chosen. (250 word max) 3. Provide a relevant history/background information (including any environmental concerns that have been identified on the project property and how you plan to address them) (250 word max) 4. Describe the community need for the project — describe how you are proposing to meet an existing identified need and not duplicating services. Describe anticipated community impact and usage (250 word max) Project Identification in Planning Documents (100 word max) Indicate where and how this project is addressed in relevant community planning documents which may include: 5 Year Parks and Recreation Master Plan, Capital Improvement Plan, Park Master Plan, Capital Improvement Plan, Community Master Plan, Complete Streets Plan, Trailway Master Plan, Pathway Plan, etc. Please indicate where this project is referenced in these planning documents and include a link or directions to where the documents can be found online. If not available online, please include relevant pages of the document as an upload in the uploads section of this application. Project Alignment with Most Recent OCPR County -Wide Needs Assessment — PARK IMPROVEMENT PROGRAM ONLY (this question will not appear in the Trailways Grant Program Application) Indicate how the proposed park improvement project aligns with the most recent OCPR Countv-Wide Needs Assessment Select from the list any of the project categories that the proposed project fits within (may select more than one). Public Engagement/Support (250 word max) Applicants must hold at least one public meeting (advertised in a manner that would satisfy the Michigan Open Meetings Act) to receive public input about the project. This can be a regularly scheduled board/commission meeting or a separate stakeholder or public input meeting. Support for the project will need to be demonstrated in the application. Include a summary of all relevant public engagement regarding the proposed project. Sustainability (250 word max) Projects that consider sustainability in their design and construction will receive more points than those that do not. Sustainable design/construction creates products and services that have considered the environmental, social and economic impacts from the initial phase through end -of -life. Examples of sustainable design principles include (but are not limited to): low -impact materials, energy efficiency, reuse and recycling, durability, water conservation, etc. 82 Long -Term Maintenance (100 word max) Development projects funded by OCPR must be maintained and open to the public for a minimum of 15 years. Describe how the project will be maintained long-term, including any equipment or staffing needs and how they will be addressed. ADA Compliance/Universal Accessibility (250 word max) Projects must, at a minimum, meet accessibility requirements of the ADA— 2010 ADA Design Standards. Projects not covered under the ADA should follow the US Access Board Outdoor Developed Areas Accessibilitv Guidelines. Projects should be reviewed by a person or persons with disabilities or an advocate for persons with disabilities — please summarize that feedback in this section. Additional points will be awarded for projects that incorporate Universal Design principles. Describe how the proposed project will be ADA compliant and list any project components that incorporate principles of Universal Design. Include any relevant design drawings, specifications, etc. as applicable in the Uploads section of this application. (The National Disability Authority has an excellent summary of the 7 Principles of Universal Design). Project Dates Projects should start no sooner than the date a grant agreement is executed (anticipated in May the following year) for costs to be eligible for reimbursement. Pre -development projects should last no longer than 1 year. Development projects should last no longer than 3 years. Grant timeline extensions due to extenuating circumstances may be requested, in writing, by grantees prior to the end of an identified grant period. Extensions will be granted at the discretion of OCPR grant management staff (OCPR Planning). Site Control Select the type of site control the applicant has over the site where the project is to be completed. Site control may be fee -simple, less -than -fee -simple, lease, easement, or other control. Entrance Select whether or not the park or facility has any required entrance fees — annual, daily, non-resident, etc. Ease of Access Select the ways in which people can access the site — automobile only, bicycle on -street, dedicated bike lane, sidewalk, nearby bus stop (within % mile). Certified Resolution A certified copy of a resolution of the Community's elected governing body (city council, village council, township board) approving the Community's participation in the Program, authorizing application for the Program, designating the person authorized to sign on the Community's behalf, and certifying the Community's commitment to complying with the Program's requirements, including committing to long- term maintenance, and committing to being responsible for all cost overruns (See sample resolution on page X of this Guidance). Upload the resolution in the Uploads section of the online grant application. Final Report & Reimbursement The Oakland County Parks and Recreation Trailways and Park Improvements Grant Programs are reimbursement grants. If awarded a grant, communities will have an opportunity to request reimbursement on a quarterly basis. A final report will need to be submitted and approved by grant management staff prior to the release of the final 20% of grant funds. 83 Uploads Required: Project Location Map (applicant can submit multiple maps, however, submit as one combined PDF. Map showing the project location within the community(ies) is required.) ❑ Project Site Plan/Map (Map or site plan that shows the details of the project, i.e. proposed playground location, proposed trail route, etc. Does not need to be a professional site plan.) ❑ Certified Resolution Optional: ❑ Letters of Support (submit as one combined PDF) ❑ Design drawings/specifications/site plans (submit as one combined PDF) ❑ Photographs with captions that indicate the relevant content of the photo (combined into a single PDF) ❑ Other 84 Oakland County Parks and Recreation Park Improvements Scoring Tab Max Range OZA-KLAND COUNTY PARKS Median HH Income (auto scored) �0-10 based on SEMCOG HH Income data (3 tiers) Match Percent (auto scored) �0-15 - higher match, more points Project Description (manual) Location and Ownership 0-5 Design 0-5 History/Background 0-5 Community Need 0-5 Alighment with OCPR Survey (manual) �0-15 points based on high/medium/lower priority ranking Public Engagement (manual) �0-5 based on level of engagement/support Sustainability (manual) �0-10 based on extent of sustainable design elements Maintenance (manual) �0-10 (appropriate maintenance plan - yes/no) ADA/Universal Access (manual) �0-15 based on ADA compliance + universal accessibility Entrance Fees (auto scored) �0-10 (if entrance fees - 0, if none - 10) Ease of Access (auto scored) �0-5 based on number of ways people can access Attachments Site Plan (manual) 0-5 based on site compatibility and clear site plan Project Map (manual) 0-5 based on clear/understandable project map Letters of Support (manual) 0-5 based on number of letters provided TOTAL Possible Score 115 Indicates that category will be automatically scored in laserfiche based on applicant's response Indicates that staff will review narrative and provide a score 85 Oakland County Parks and Recreation OZA KLAND Park Improvements Scoring Tab COUNTY PARKS Max Range Median HH Income (auto scored) �0-10 based on SEMCOG HH Income data (3 tiers) Match Percent (auto scored) �0-15 - higher match, more points Project Description (manual) Location and Ownership 0-5 Design 0-5 History/Background 0-5 Community Need 0-5 Public Engagement (manual) �0-5 based on level of engagement/support Sustainability (manual) I0-10 based on extent of sustainable design elements Maintenance (manual) I0-10 (appropriate maintenance plan - yes/no) ADA/Universal Access (manual) �0-15 based on ADA compliance + universal accessibility Entrance Fees (auto scored) �0-10 (if entrance fees - 0, if none - 10) Ease of Access (auto scored) �0-5 based on number of ways people can access Attachments Site Plan (manual) 0-5 based on site compatibility and clear site plan Project Map (manual) 0-5 based on clear/understandable project map Letters of Support (manual) 0-5 based on number of letters provided TOTAL Possible Score 100 Indicates that category will be automatically scored in laserfiche based on applicant's response Indicates that staff will review narrative and provide a score 86 Oakland County Parks and Recreation Commission OCPR Grant Programs Manual Scoring Tool Updated September 17, 2021 Applicant: Project Title: Application Year: 1 Project Description I A Physical Location and Ownership, nearby amenities Applicant clearly describes the location, ownership, and nearby amenities 5 Applicant somewhat describes 3 Applicant fails to describe 0 Physical Location/Ownership/Nearby Amenities Points (i, ii, or iii) B (Project Design Applicant clearly describes and justifies the project design 5 Applicant provides some information in project design/justification 3 Applicant fails to describe the project design/justification 0 Project Design Points (i, ii, or iii) C IRelevant History/Background/Environmental Applicant provides a clear history of the property/project 5 Applicant provides some information regarding history/background 3 Applicant fails to provide information on the history/background 0 History/Background Points (i, ii, or iii) D (Community Need Applicant clearly describes community need and impact 5 Applicant provides some infomration on community need and impact 3 Applicant fails to provide information on community need and impact 0 Community Need Points (i, ii, or iii) 21Public Engagement I I Applicant clearly describes public engagement and demonstrates support 5 Applicant somewhat describes public engagement and/or support 3 Applicant fails to describe public engagement or project lacks support 0 Public Engagement Points (i, ii, or iii) 31Sustainable Design I I i Significant proposed sustainable design systems or features 10 ii Some proposed sustainable design systems or features 5 iii No proposed sustainable design features 0 Sustainable Design Points (i, ii or iii) 41Maintenance I I Applicant has demonstrated that the proposed improvements will be maintained thorugh long-term dedicated funding (millage, budget, etc.), existing and i permanent staff, multi -year contracts or permanent endowment. 10 ii No maintenance plan 0 Maintenance Points (i or ii) 87 5JAccessibility/Universal Access Applicant had design reviewed by persons with disabilities or representing i organizations. Applicant demonstrates how project will be universally accessible. 15 Applicant had design reviewed by persons with disabilities or representing organizations. Applicant demonstrates that project will meet ADA guidelines and ii has some universally accessible features. 10 Applicant has had design reviewed by persons with disabilities or representing organizations and demonstrates that the project will meet ADA guidelines but iii does not have any identified universally accessible features. 5 Applicant may or may not have had design reviewed by persons with disabilities or representing organizations but has not demonstrated how project will meet ADA iv guidelines or have any universally accessible features 0 Accessibility/Universal Access Points (i, ii, iii or iv) 6JUpload: Site Plan/Map I I i Site is compatible with intended purpose and site plan is clear and understandable 5 ii Site is compatible with intended use or site plan is clear and understandable 3 Site is not compatible with intended use and site plan is not clear or understandable 0 Site Plan Points (i, ii, iii or iv) 7 Upload: Project Map i Map is clear and understandable ii Map is not clear or additional information is needed Project Map Points (i or ii) 8 Letters of Support i Multiple letters of support provided (3+) ii 1-2 letters of support provided iii No letters of support provided Letters of Support Points (i or ii) TOTAL POINTS SCORED TOTAL AVAILABLE POINTS MANUALLY SCORED 5 0 is 0 75 88 Oakland Countv Parks and Recreation Commission Aqenda Item Memo Agenda #: 13 Department: Administration From: Phil Castonia, Chief of Business Operations Subject: Residential Lease Renewal - Podina - Highland Oaks 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 Parks property. The Oakland County Parks and Recreation Executive Officer shall oversee the implementation and interpretation of this policy. The property at Highland Oaks located at 6555 North Milford Road, is 927 square feet, and has 2 bedrooms with 1.5 baths. It also has a 2-car garage and a basement and was built in 1976. The house has been occupied by John and Carolyn Podina for a number of years. John and Carolyn are both currently part time employees at Groveland Oaks. We are requesting to move forward with another 5-year lease as standard practice for all residential property leases, with the standard terms for terminating the lease early. The attached lease agreement has been prepared and reviewed by Oakland County Corporation Counsel. ATTACHMENTS Residential Lease — Podina — Highland Oaks Aerial Map 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 with John and Carolyn Podina for the Highland Oaks Residential Property located at 6555 North Milford Road, Holly, MI 48442 for a 5-year term effective January 1, 2022, through December 31, 2026. 89 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 between the County of Oakland, 1200 North Telegraph, Pontiac, MI 48341 ("Landlord"), by the through its statutory agent the Oakland County Parks and Recreation Commission ("OCPRC") and John and Carolyn Podina, 6555 North Milford Road, Holly, MI 48342 ("Tenant") according to the terms and conditions set forth below. 1. Premises. Tenant leases from landlord the real property located at, 6555 North Milford Road, Holly, MI 48342 ("Premises"), together with any furnishings, fixtures, personal property, and appurtenances provided by Landlord for Tenant's use. 2. Term. The term of this Lease shall be for 5 years, beginning on January 1, 2022 and ending on December 31, 2026. 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: January 1, 2022 — December 31, 2022 $773.00 January 1, 2023 — December 31, 2023 $788.00 January 1, 2024 — December 31, 2024 $804.00 January 1, 2025 — December 31, 2025 $820.00 January 1, 2026 — December 31, 2026 $836.00 4. The rent shall be paid by check or money order made payable 4.1. The rent shall be paid by check or money order made payable to the "County of Oakland" 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. 4.2. Tenant shall pay the first monthly installment when Tenant executes this Lease. The first monthly installment shall be pro -rated for such month, if the Lease is executed on another day than the first day of the month. 4.3. Tenant shall pay Landlord a late fee of $25 for each monthly installment not received by Landlord within five days of its due date. This increase shall be considered additional rent and shall compensate Landlord for costs incurred because of late payments. Landlord's right to collect this additional rent shall be in addition to Landlord's right to take action under other provisions of this Lease for Tenant's default in paying rent. Tenant shall pay all additional rent to 90 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. 4.4. During the term of this Lease, Tenant shall obtain and maintain comprehensive personal liability or tenant's form insurance coverage in the minimum amount of One Hundred Thousand Dollars ($100,000.00). 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. 5. Use of Premises. 5.1. 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 Landlord: None Landlord's approval shall be given by the OCPRC Director or his or her designee. 5.2. 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 approval. Landlord's approval shall be given by the OCPRC Director or his or her designee; 4.2.5 Place a waterbed or other heavy article on the Premises without Landlord's prior written approval. Landlord's approval shall be given by the OCPRC Director or his or her designee; 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 the surrounding properties; 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 approval. Landlord's approval shall be given by the OCPRC Director or his or her designee. 4.3 Tenant Duties. 91 4.3.1 To the extent permitted by law, 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 Landlord. 4.3.2 Tenant shall arrange for emergency repair and maintenance services for Park Property and facilities, as needed. 4.3.3 Tenant shall make reports to the Park Supervisor or other entity as may be required by Landlord. 4.3.4 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 6. Use of Illeizal Substances. Tenant shall not violate or knowingly allow another person to violate federal, state, or local laws regarding the use of controlled substances or the use of alcohol by minors in or around the Premises. When aware of a violation of this section, Landlord will file a formal police report. 7. Condition of Premises. 7.1. Except as otherwise expressly stated herein or in an Amendment to this Lease, Tenant acknowledges that no representations were made by Landlord about the condition of the Premises or promises to alter or to improve the Premises before or during the term of the Lease. 7.2. Throughout the term of the Lease, Tenant shall keep the Premises in a good and clean condition and shall allow no waste of the Premises or any utilities. 7.3. Except for normal wear and tear, Tenants shall return the Premises to Landlord in the same condition as they were upon commencement of this Lease, including cleanliness. 8. 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; (h) Internet; and (i) cleaning for the interior of the building located on the Premises. All accounts for utilities and services shall be in the name of Tenant. 9. Maintenance. Repairs, and Damage to Premises. 9.1. Landlord shall be responsible for snow removal and lawn/grounds services for the Premises. 9.2. Landlord shall provide repair and maintenance for the Premises and its parking lot or parking area, including but not limited to, building infrastructure, HVAC 92 system, utility infrastructure, plumbing and electrical system. Tenant shall notify Landlord, in a timely manner and without delay, when there is a need for repairs to the Premises. 9.3. Except for normal wear and tear to the Premises, Tenant shall be liable for any damage to the Premises or other property of Landlord that is caused by the acts or omissions of Tenant or Tenant's guests, including but not limited to broken glass and lost or broken keys. If damage occurs, Landlord or its agents shall make the necessary repairs and Tenant shall reimburse Landlord for all costs associated with the repairs. Such reimbursement shall be paid by Tenant within thirty (30) days of receiving an invoice from Landlord. If Landlord makes a claim and receives payment under its property insurance for damage to the Premises, then Tenant shall only be liable to Landlord for the amount of the deductible for the property insurance for the Premises. Landlord shall send an invoice to Tenant for the amount of the deductible and Tenant shall pay this amount within thirty (30) days of receiving the invoice. 9.4. 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. 10. Decorations and Alterations to Premises. Tenant shall not alter or decorate the Premises, including but not limited to, removing any furnishings Landlord provides to Tenant, driving nails into the woodwork, painting or using any adhesive material on the walls without prior written approval from Landlord. Landlord's approval shall be given by the OCPRC Director or his or her designee. Landlord's approval of a particular decoration or alteration shall not be deemed consent to future decorations or alterations. 11. Assignment and Sublease of Premises. Tenant shall not assign or sublease the Premises or any portion thereof. 12. 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. Landlord and Landlord's agents shall have immediate access to the Premises in case of an emergency or if an emergency repair to the Premises is required. Tenant shall also allow insurance carriers and representatives, fire department inspectors, police, or local health authorities to inspect the Premises. Tenant shall allow Landlord or Landlord's agents to show the Premises to prospective tenants or purchasers at reasonable times during the sixty (60) days prior to the expiration of this Lease. 13. Vacation or Abandonment of the Premises. If Tenant removes substantially all Tenant's property from the Premises for a period of thirty (30) days, Landlord may immediately enter and redecorate the Premises without abatement of rent and proceed as if Tenant terminated this Lease. These acts by Landlord 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. 14. Damage or Destruction of the Premises. If a casualty partially destroys the Premises but they can be restored to a tenantable condition within thirty (30) days, Landlord shall 93 repair the Premises with reasonable dispatch; however, Landlord's obligation to repair the Premises shall be limited to the amount of insurance proceeds actually received by Landlord. Tenant's obligation to pay rent shall be suspended while the Premises are untenantable. If a casualty damages the Premises to the extent that they cannot be restored to a habitable condition within thirty (30) days, either Party may terminate this Lease by giving the other party written notice within fifteen (15) days after the casualty. Landlord shall not be liable for any reasonable delay or for providing housing for Tenant during repairs. 15. 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. 15.3. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in the same condition they were upon commencement of Lease, normal wear and tear excepted. Upon termination of this Lease, Tenant shall also notify 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 permitted by law; Tenant and any other occupants shall surrender the Premises to Landlord by the date stated in the notice. If Landlord terminates the Lease, Landlord may recover Landlord's expenses for enforcing Landlord's rights under the Lease and applicable law, including court costs and attorney fees, from Tenant, as permitted by statute; and rent for the rest of the term of the Lease shall immediately become due. Tenant may not be liable for the total accelerated amount because of Landlord's obligation to minimize damages, and either party may ask a court to determine the actual amount owed, if any. If Tenant fails to pay rent or any other sums when due to Landlord, Landlord serves a notice of default on Tenant as required by law, and Tenant fails to remit the amounts due before the notice period expires, the amount of court costs and attorney fees incurred by Landlord in enforcing Landlord's remedies and allowed by statute shall be added to the amount of the arrearage. 16.2 It is a violation of this Lease if Tenant, a member of Tenant's household, or any other person under Tenant's control unlawfully manufactures, delivers, possesses with intent to deliver, or possesses a controlled substance as defined by Michigan law anywhere on the Premises or surrounding the Premises. Pursuant to Michigan law, if Tenant violates this provision Landlord may serve a written demand for possession for termination of this Lease giving Tenant 24 hours' notice of the Lease termination and demand for possession. Tenant acknowledges that an order of eviction/writ of restitution may be issued by the court 94 immediately after the entry of a judgment for possession. Tenant's initials: 17. Hold Over. Tenant may, with Landlord's permission, continue to occupy the Premises after the term of this Lease expires without renewing this Lease or signing another Lease for the Premises. Such tenancy shall be on a month -to -month basis and subject to the provisions of this Lease except that the monthly rent shall increase by ten (10) percent from the rent for the last month of the term of the Lease, and Landlord may increase rent on thirty (30) days' notice to Tenant. 18. Notices. Any notices under this Lease shall be in writing and delivered to the recipient personally or by first class mail fully prepaid at the following locations: Tenant: John and Carolyn Podina 6555 North Milford Road Holly, MI 48342 Landlord: Oakland County Department of Facilities Management Property Management One Public Works Drive, Bldg. 95W Waterford, MI 48328 and Oakland County Parks and Recreation Director 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. 95 TENANT Date Date LANDLORD 96 �,�_ �' • o. 0�1 o. i t' Barn 4� Legend QHighland Oaks Site Location CountyPark Road Centerline Tax Pacel Lines o Municipal District Boundary Highland Oaks Rental Home 6555 Milford Rd, Holly, MI 48442 1 2020 IMAGERY N SHT. 1 OF 1 Location Map Highland Oaks 6555 Milford Rd. Holly, MI 48442 Highland Oaks Parcels a Parcel:11-03-200-015 264 Acres Parcel: 11 -03-400-014 a 13.4 Acres Parcel:11-03-400-015 10 Acres 2 Parcel:11-03-400-016 - 10 Acres 0 30 60 Feet Eo �o m o OAKLAND COUNTY PARKS Oakland County Parks and Recreation `� x a 2800 Watkins Lake Road " Y Waterford, MI 0 248-858-0906 97 2 www.OakiandCountyParks.com Oakland Countv Parks and Recreation Commission Agenda Item Memo Agenda #: 14 Department: Administration From: Phil Castonia, Chief of Business Operations Subject: Residential Lease Renewal - Lowe - Waterford Oaks 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 Parks property. The Oakland County Parks and Recreation Executive Officer shall oversee the implementation and interpretation of this policy. The property at Waterford Oaks located at 2930 Watkins Lake Road, is 1,432 square feet, and has 4 bedrooms with 1.5 baths. It also has a basement and was built in 1974. The house is currently occupied by Brad Lowe, he was the tenant here for the past 5 years with no issues. Brad is currently a part time employee at Addison Oaks and has been an employee of Oakland County Parks for over 30 years. We are requesting to move forward with another 5-year lease as standard practice for all residential property leases, with the standard terms for terminating the lease early. The attached lease agreement has been reviewed by Oakland County Corporation Counsel. ATTACHMENTS • Residential Lease — Lowe — Waterford Oaks • Aerial Map for Residential Lease — Lowe - Waterford 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 with Brad Lowe for the Waterford Oaks Residential Property located at 2930 Watkins Lake Road, Waterford, MI 48328 for a 5-year term effective January 1, 2022 through December 31, 2026. 98 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 between the County of Oakland, 1200 North Telegraph, Pontiac, MI 48341 ("Landlord"), by the through its statutory agent the Oakland County Parks and Recreation Commission ("OCPRC") and Brad Lowe, 2930 Watkins Lake Road, Waterford, MI 48328 ("Tenant") according to the terms and conditions set forth below. 1. Premises. Tenant leases from landlord the real property located at 2930 Watkins Lake Road, Waterford, MI 48328 ("Premises"), together with any furnishings, fixtures, personal property, and appurtenances provided by Landlord for Tenant's use. 2. Term. The term of this Lease shall be for 5 years, beginning on January 1, 2022 and ending on December 31, 2026. 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: January 1, 2022 — December 31, 2022 $1,029.00 January 1, 2023 — December 31, 2023 $1,049.00 January 1, 2024 — December 31, 2024 $1,070.00 January 1, 2025 — December 31, 2025 $1,092.00 January 1, 2026 — December 31, 2026 $1,114.00 4. The rent shall be paid by check or money order made payable 4.1. The rent shall be paid by check or money order made payable to the "County of Oakland" 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. 4.2. Tenant shall pay the first monthly installment when Tenant executes this Lease. The first monthly installment shall be pro -rated for such month, if the Lease is executed on another day than the first day of the month. 4.3. Tenant shall pay Landlord a late fee of $25 for each monthly installment not received by Landlord within five days of its due date. This increase shall be considered additional rent and shall compensate Landlord for costs incurred because of late payments. Landlord's right to collect this additional rent shall be in addition to Landlord's right to take action under other provisions of this Lease for Tenant's default in paying rent. Tenant shall pay all additional rent to Landlord promptly after the due date of the delinquent installment. All rent paid 99 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. 4.4. During the term of this Lease, Tenant shall obtain and maintain comprehensive personal liability or tenant's form insurance coverage in the minimum amount of One Hundred Thousand Dollars ($100,000.00). 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. 5. Use of Premises. 5.1. 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 Landlord: None Landlord's approval shall be given by the OCPRC Director or his or her designee. 5.2. 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 approval. Landlord's approval shall be given by the OCPRC Director or his or her designee; 4.2.5 Place a waterbed or other heavy article on the Premises without Landlord's prior written approval. Landlord's approval shall be given by the OCPRC Director or his or her designee; 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 the surrounding properties; 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 approval. Landlord's approval shall be given by the OCPRC Director or his or her designee. 4.3 Tenant Duties. 100 4.3.1 To the extent permitted by law, 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 Landlord. 4.3.2 Tenant shall arrange for emergency repair and maintenance services for Park Property and facilities, as needed. 4.3.3 Tenant shall make reports to the Park Supervisor or other entity as may be required by Landlord. 4.3.4 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 6. Use of Illeizal Substances. Tenant shall not violate or knowingly allow another person to violate federal, state, or local laws regarding the use of controlled substances or the use of alcohol by minors in or around the Premises. When aware of a violation of this section, Landlord will file a formal police report. 7. Condition of Premises. 7.1. Except as otherwise expressly stated herein or in an Amendment to this Lease, Tenant acknowledges that no representations were made by Landlord about the condition of the Premises or promises to alter or to improve the Premises before or during the term of the Lease. 7.2. Throughout the term of the Lease, Tenant shall keep the Premises in a good and clean condition and shall allow no waste of the Premises or any utilities. 7.3. Except for normal wear and tear, Tenants shall return the Premises to Landlord in the same condition as they were upon commencement of this Lease, including cleanliness. 8. 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; (h) Internet; and (i) cleaning for the interior of the building located on the Premises. All accounts for utilities and services shall be in the name of Tenant. 9. Maintenance. Repairs, and Damage to Premises. 9.1. Landlord shall be responsible for snow removal and lawn/grounds services for the Premises. 9.2. Landlord shall provide repair and maintenance for the Premises and its parking lot or parking area, including but not limited to, building infrastructure, HVAC 101 system, utility infrastructure, plumbing and electrical system. Tenant shall notify Landlord, in a timely manner and without delay, when there is a need for repairs to the Premises. 9.3. Except for normal wear and tear to the Premises, Tenant shall be liable for any damage to the Premises or other property of Landlord that is caused by the acts or omissions of Tenant or Tenant's guests, including but not limited to broken glass and lost or broken keys. If damage occurs, Landlord or its agents shall make the necessary repairs and Tenant shall reimburse Landlord for all costs associated with the repairs. Such reimbursement shall be paid by Tenant within thirty (30) days of receiving an invoice from Landlord. If Landlord makes a claim and receives payment under its property insurance for damage to the Premises, then Tenant shall only be liable to Landlord for the amount of the deductible for the property insurance for the Premises. Landlord shall send an invoice to Tenant for the amount of the deductible and Tenant shall pay this amount within thirty (30) days of receiving the invoice. 9.4. 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. 10. Decorations and Alterations to Premises. Tenant shall not alter or decorate the Premises, including but not limited to, removing any furnishings Landlord provides to Tenant, driving nails into the woodwork, painting or using any adhesive material on the walls without prior written approval from Landlord. Landlord's approval shall be given by the OCPRC Director or his or her designee. Landlord's approval of a particular decoration or alteration shall not be deemed consent to future decorations or alterations. 11. Assignment and Sublease of Premises. Tenant shall not assign or sublease the Premises or any portion thereof. 12. 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. Landlord and Landlord's agents shall have immediate access to the Premises in case of an emergency or if an emergency repair to the Premises is required. Tenant shall also allow insurance carriers and representatives, fire department inspectors, police, or local health authorities to inspect the Premises. Tenant shall allow Landlord or Landlord's agents to show the Premises to prospective tenants or purchasers at reasonable times during the sixty (60) days prior to the expiration of this Lease. 13. Vacation or Abandonment of the Premises. If Tenant removes substantially all Tenant's property from the Premises for a period of thirty (30) days, Landlord may immediately enter and redecorate the Premises without abatement of rent and proceed as if Tenant terminated this Lease. These acts by Landlord 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. 14. Damage or Destruction of the Premises. If a casualty partially destroys the Premises but they can be restored to a tenantable condition within thirty (30) days, Landlord shall 102 repair the Premises with reasonable dispatch; however, Landlord's obligation to repair the Premises shall be limited to the amount of insurance proceeds actually received by Landlord. Tenant's obligation to pay rent shall be suspended while the Premises are untenantable. If a casualty damages the Premises to the extent that they cannot be restored to a habitable condition within thirty (30) days, either Party may terminate this Lease by giving the other party written notice within fifteen (15) days after the casualty. Landlord shall not be liable for any reasonable delay or for providing housing for Tenant during repairs. 15. 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. 15.3. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in the same condition they were upon commencement of Lease, normal wear and tear excepted. Upon termination of this Lease, Tenant shall also notify 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 permitted by law; Tenant and any other occupants shall surrender the Premises to Landlord by the date stated in the notice. If Landlord terminates the Lease, Landlord may recover Landlord's expenses for enforcing Landlord's rights under the Lease and applicable law, including court costs and attorney fees, from Tenant, as permitted by statute; and rent for the rest of the term of the Lease shall immediately become due. Tenant may not be liable for the total accelerated amount because of Landlord's obligation to minimize damages, and either party may ask a court to determine the actual amount owed, if any. If Tenant fails to pay rent or any other sums when due to Landlord, Landlord serves a notice of default on Tenant as required by law, and Tenant fails to remit the amounts due before the notice period expires, the amount of court costs and attorney fees incurred by Landlord in enforcing Landlord's remedies and allowed by statute shall be added to the amount of the arrearage. 16.2 It is a violation of this Lease if Tenant, a member of Tenant's household, or any other person under Tenant's control unlawfully manufactures, delivers, possesses with intent to deliver, or possesses a controlled substance as defined by Michigan law anywhere on the Premises or surrounding the Premises. Pursuant to Michigan law, if Tenant violates this provision Landlord may serve a written demand for possession for termination of this Lease giving Tenant 24 hours' notice of the Lease termination and demand for possession. Tenant acknowledges that an order of eviction/writ of restitution may be issued by the court 103 immediately after the entry of a judgment for possession. Tenant's initials: 17. Hold Over. Tenant may, with Landlord's permission, continue to occupy the Premises after the term of this Lease expires without renewing this Lease or signing another Lease for the Premises. Such tenancy shall be on a month -to -month basis and subject to the provisions of this Lease except that the monthly rent shall increase by ten (10) percent from the rent for the last month of the term of the Lease, and Landlord may increase rent on thirty (30) days' notice to Tenant. 18. Notices. Any notices under this Lease shall be in writing and delivered to the recipient personally or by first class mail fully prepaid at the following locations: Tenant: Brad Lowe 2930 Watkins Lake Road Waterford, MI 48328 Landlord: Oakland County Department of Facilities Management Property Management One Public Works Drive, Bldg. 95W Waterford, MI 48328 and Oakland County Parks and Recreation Director 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. 104 TENANT Date Date LANDLORD 105 1400 Scott lake Rd Parcel #'13r24'101Y005 2.1 Acres Chevrolet f- Legend _Waterford•. CountyPark Road Y j S1♦ 1 i_or ;feS vvaiciiviu�%,f CAnv_vJ�e,�Jo 2800,Watkins l�, — lkParcel#;13-13-3183Acre r Location Plf Waterford Oaks =. :11 Watkins Lake Rd. 293 0,Watkins' Lake Waterford, On Waterford Oeks County Park Property 4'.. Administration 5 Building ,.: e 2020 IMAGE 1V I1cq Site Location Rental Home COUNTY PARKS 2930 Watkins Lake Rd Oakland County Parks and Recreation d 2800 Tax Pacel Lines 7 Waterford, MI 48328 Watkins Lake Road a Waterford,8-858-0906 2 248-858-0906 _ SHT. 1 OF 1 www.OaklandCountyParks.com 106 rc Oakland County Parks and Recreation Commission Agenda Item Memo Agenda #: 15 Department: Administration From: Phil Castonia, Chief of Business Operations Subject: Residential Lease Renewal - Rowland - Waterford Oaks 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 Parks property. The Oakland County Parks and Recreation Executive Officer shall oversee the implementation and interpretation of this policy. The property at Waterford Oaks located at 2866 Watkins Lake Road, Waterford, MI 48328, is 759 square feet, and has 2 bedrooms with 1 bath. It also has a 2-car garage and a basement and was built in 1956. The house has been occupied by Chris Rowland for the last 7 years. We are requesting to move forward with another 5-year lease as standard practice for all residential property leases, with the standard terms for terminating the lease early. The attached lease agreement has been prepared and reviewed by Oakland County Corporation Counsel. ATTACHMENTS • Residential Lease — Rowland — Waterford Oaks • Aerial Map for Residential Lease — Rowland - Waterford 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 with Chris Rowland for the Waterford Oaks Residential Property located at 2866 Watkins Lake Road, Waterford, MI 48328 for a 5-year term effective January 1, 2022, through December 31, 2026. 107 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 between the County of Oakland, 1200 North Telegraph, Pontiac, MI 48341 ("Landlord"), by the through its statutory agent the Oakland County Parks and Recreation Commission ("OCPRC") and Chris Rowland, 2866 Watkins Lake Road, Waterford, MI 48328 ("Tenant") according to the terms and conditions set forth below. 1. Premises. Tenant leases from landlord the real property located at 2866 Watkins Lake Road, Waterford, MI 48328 ("Premises"), together with any furnishings, fixtures, personal property, and appurtenances provided by Landlord for Tenant's use. 2. Term. The term of this Lease shall be for 5 years, beginning on January 1, 2022 and ending on December 31, 2026. 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: January 1, 2022 — December 31, 2022 $645.00 January 1, 2023 — December 31, 2023 $658.00 January 1, 2024 — December 31, 2024 $671.00 January 1, 2025 — December 31, 2025 $685.00 January 1, 2026 — December 31, 2026 $698.00 4. The rent shall be paid by check or money order made payable 4.1. The rent shall be paid by check or money order made payable to the "County of Oakland" 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. 4.2. Tenant shall pay the first monthly installment when Tenant executes this Lease. The first monthly installment shall be pro -rated for such month, if the Lease is executed on another day than the first day of the month. 4.3. Tenant shall pay Landlord a late fee of $25 for each monthly installment not received by Landlord within five days of its due date. This increase shall be considered additional rent and shall compensate Landlord for costs incurred because of late payments. Landlord's right to collect this additional rent shall be in addition to Landlord's right to take action under other provisions of this Lease for Tenant's default in paying rent. Tenant shall pay all additional rent to 108 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. 4.4. During the term of this Lease, Tenant shall obtain and maintain comprehensive personal liability or tenant's form insurance coverage in the minimum amount of One Hundred Thousand Dollars ($100,000.00). 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. 5. Use of Premises. 5.1. 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 Landlord: None Landlord's approval shall be given by the OCPRC Director or his or her designee. 5.2. 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 approval. Landlord's approval shall be given by the OCPRC Director or his or her designee; 4.2.5 Place a waterbed or other heavy article on the Premises without Landlord's prior written approval. Landlord's approval shall be given by the OCPRC Director or his or her designee; 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 the surrounding properties; 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 approval. Landlord's approval shall be given by the OCPRC Director or his or her designee. 4.3 Tenant Duties. 109 4.3.1 To the extent permitted by law, 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 Landlord. 4.3.2 Tenant shall arrange for emergency repair and maintenance services for Park Property and facilities, as needed. 4.3.3 Tenant shall make reports to the Park Supervisor or other entity as may be required by Landlord. 4.3.4 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 6. Use of Illeizal Substances. Tenant shall not violate or knowingly allow another person to violate federal, state, or local laws regarding the use of controlled substances or the use of alcohol by minors in or around the Premises. When aware of a violation of this section, Landlord will file a formal police report. 7. Condition of Premises. 7.1. Except as otherwise expressly stated herein or in an Amendment to this Lease, Tenant acknowledges that no representations were made by Landlord about the condition of the Premises or promises to alter or to improve the Premises before or during the term of the Lease. 7.2. Throughout the term of the Lease, Tenant shall keep the Premises in a good and clean condition and shall allow no waste of the Premises or any utilities. 7.3. Except for normal wear and tear, Tenants shall return the Premises to Landlord in the same condition as they were upon commencement of this Lease, including cleanliness. 8. 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; (h) Internet; and (i) cleaning for the interior of the building located on the Premises. All accounts for utilities and services shall be in the name of Tenant. 9. Maintenance. Repairs, and Damage to Premises. 9.1. Landlord shall be responsible for snow removal and lawn/grounds services for the Premises. 9.2. Landlord shall provide repair and maintenance for the Premises and its parking lot or parking area, including but not limited to, building infrastructure, HVAC 110 system, utility infrastructure, plumbing and electrical system. Tenant shall notify Landlord, in a timely manner and without delay, when there is a need for repairs to the Premises. 9.3. Except for normal wear and tear to the Premises, Tenant shall be liable for any damage to the Premises or other property of Landlord that is caused by the acts or omissions of Tenant or Tenant's guests, including but not limited to broken glass and lost or broken keys. If damage occurs, Landlord or its agents shall make the necessary repairs and Tenant shall reimburse Landlord for all costs associated with the repairs. Such reimbursement shall be paid by Tenant within thirty (30) days of receiving an invoice from Landlord. If Landlord makes a claim and receives payment under its property insurance for damage to the Premises, then Tenant shall only be liable to Landlord for the amount of the deductible for the property insurance for the Premises. Landlord shall send an invoice to Tenant for the amount of the deductible and Tenant shall pay this amount within thirty (30) days of receiving the invoice. 9.4. 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. 10. Decorations and Alterations to Premises. Tenant shall not alter or decorate the Premises, including but not limited to, removing any furnishings Landlord provides to Tenant, driving nails into the woodwork, painting or using any adhesive material on the walls without prior written approval from Landlord. Landlord's approval shall be given by the OCPRC Director or his or her designee. Landlord's approval of a particular decoration or alteration shall not be deemed consent to future decorations or alterations. 11. Assignment and Sublease of Premises. Tenant shall not assign or sublease the Premises or any portion thereof. 12. 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. Landlord and Landlord's agents shall have immediate access to the Premises in case of an emergency or if an emergency repair to the Premises is required. Tenant shall also allow insurance carriers and representatives, fire department inspectors, police, or local health authorities to inspect the Premises. Tenant shall allow Landlord or Landlord's agents to show the Premises to prospective tenants or purchasers at reasonable times during the sixty (60) days prior to the expiration of this Lease. 13. Vacation or Abandonment of the Premises. If Tenant removes substantially all Tenant's property from the Premises for a period of thirty (30) days, Landlord may immediately enter and redecorate the Premises without abatement of rent and proceed as if Tenant terminated this Lease. These acts by Landlord 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. 14. Damage or Destruction of the Premises. If a casualty partially destroys the Premises but they can be restored to a tenantable condition within thirty (30) days, Landlord shall ill repair the Premises with reasonable dispatch; however, Landlord's obligation to repair the Premises shall be limited to the amount of insurance proceeds actually received by Landlord. Tenant's obligation to pay rent shall be suspended while the Premises are untenantable. If a casualty damages the Premises to the extent that they cannot be restored to a habitable condition within thirty (30) days, either Party may terminate this Lease by giving the other party written notice within fifteen (15) days after the casualty. Landlord shall not be liable for any reasonable delay or for providing housing for Tenant during repairs. 15. 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. 15.3. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in the same condition they were upon commencement of Lease, normal wear and tear excepted. Upon termination of this Lease, Tenant shall also notify 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 permitted by law; Tenant and any other occupants shall surrender the Premises to Landlord by the date stated in the notice. If Landlord terminates the Lease, Landlord may recover Landlord's expenses for enforcing Landlord's rights under the Lease and applicable law, including court costs and attorney fees, from Tenant, as permitted by statute; and rent for the rest of the term of the Lease shall immediately become due. Tenant may not be liable for the total accelerated amount because of Landlord's obligation to minimize damages, and either party may ask a court to determine the actual amount owed, if any. If Tenant fails to pay rent or any other sums when due to Landlord, Landlord serves a notice of default on Tenant as required by law, and Tenant fails to remit the amounts due before the notice period expires, the amount of court costs and attorney fees incurred by Landlord in enforcing Landlord's remedies and allowed by statute shall be added to the amount of the arrearage. 16.2 It is a violation of this Lease if Tenant, a member of Tenant's household, or any other person under Tenant's control unlawfully manufactures, delivers, possesses with intent to deliver, or possesses a controlled substance as defined by Michigan law anywhere on the Premises or surrounding the Premises. Pursuant to Michigan law, if Tenant violates this provision Landlord may serve a written demand for possession for termination of this Lease giving Tenant 24 hours' notice of the Lease termination and demand for possession. Tenant acknowledges that an order of eviction/writ of restitution may be issued by the court 112 immediately after the entry of a judgment for possession. Tenant's initials: 17. Hold Over. Tenant may, with Landlord's permission, continue to occupy the Premises after the term of this Lease expires without renewing this Lease or signing another Lease for the Premises. Such tenancy shall be on a month -to -month basis and subject to the provisions of this Lease except that the monthly rent shall increase by ten (10) percent from the rent for the last month of the term of the Lease, and Landlord may increase rent on thirty (30) days' notice to Tenant. 18. Notices. Any notices under this Lease shall be in writing and delivered to the recipient personally or by first class mail fully prepaid at the following locations: Tenant: Chris Rowland 2866 Watkins Lake Road Waterford, MI 48328 Landlord: Oakland County Department of Facilities Management Property Management One Public Works Drive, Bldg. 95W Waterford, MI 48328 and Oakland County Parks and Recreation Director 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. 113 TENANT Date Date LANDLORD 114 Burning_Bush Aptoli Ministry 29501V1/atkTn r kerRd Parcel #+13-24-126-017 4 ®: 0 • 4- 007 • • O. .• Activit IN. ies Center ilt 2020 IMAGERY Legend N Waterford Oaks Waterford Oaksrf-� CountyPark Site Location Rental Home 2866 Watkins Lake Rd, Road Centerline Tax Pacel Lines Waterford, Ml 48328 ISHT. 1 OF 1 Location Map Waterford Oaks 2800 Watkins Lake Rd. Waterford. MI 48328 0 75 150 Feet I�I�I N 0 m OZAKLAND COUNTY PARKS Oakland County Parks and Recreation d 2800 Watkins Lake Road a Waterford, MI 248-858-0906 2 www.OaklandCountyParks.com 115 rc Oakland Couny Parks and Recreation Commission Agenda Item Memo Agenda #: 16 Department: Facilities Maintenance & Development From: Michael J. Donnellon, Jr. Chief of Park Facilities, Maintenance & Development Subject: Rose Oaks County Park — Enbridge Construction License Agreement (Amendment Approval) INTRODUCTION AND HISTORY As previously reported to the Commission in 2019 and 2020, on February 22, 2019 our Oakland County Parks & Recreation Commission (OCPRC) Natural Resource Crews discovered, that approximately 50 yards of the abandoned 30" diameter Enbridge Energy (EE), 6b pipeline had floated to the surface of the Rose Oaks wetlands and is obstructing a portion of the waterway. On October 17, 2019, OCPRC staff met with EE staff and requested a resolution for the removal of the exposed abandoned pipeline. On January 21, 2021, staff met with EE project managers on site to review the proposed removal project area and site access. EE project managers anticipated that the removal of the pipe will be completed in October 2021, pending the completion of all permitting and environmental restrictions. As part of this project and to minimize environmental wetland impacts within the existing easement, staff have requested that EE to utilize our existing trail system for project area access. Use of park property for the construction access routes, required the approval of the attached Construction License Agreement, including the payment of the fair market value for their use, to OCPRC. Staff are working closely with EE project managers to obtain all required environmental permits, including Best Management Practices (BMP) according to the Oakland County Eastern Massasauga Rattlesnake Implementation Plan (`EMR' & `EMRIP') to comply with the 2016 Candidate Conservations Agreement with Assurances (CCAA) with the Michigan Department of Natural Resources (MDNR), Michigan Department of Military and Veterans Affairs (DMVA) and the US Fish and Wildlife Service. This plan agrees to manage our properties and protect the EMIR "...in ways that are consistent with the long-term sustainability and persistence of EMR." EE's project scope of work includes accessing the work site on either side of the existing wetland by approximately 4,545 linear feet of existing park property (20' wide, 2.083 ac), proposed temporary work space (1.96 ac, less .778ac for existing ROW) for excavation of the 30" diameter abandoned pipe in the upland area adjacent to and on either side of the existing wetland area, cut, remove and haul off site approximately 800 linear feet of existing pipe and complete all site and trail restoration. As previously approved in June 2021, the Construction License Agreement — Exhibit C indicated use of the eastern private land easement and crossing of the CSX Railroad. In early September, EE receive notification that CSX Railroad denied EE use of this crossing. Therefore, alternative access is required from the existing Consumers Power line property, adjacent to the northerly boundary of Rose Oaks County Park, resulting in an adjustment of the eastern access route as shown in the revised Exhibit C (Attachment B). The previously approved Construction License Agreement value of $16,325.00 is unchanged, payable to Oakland County Parks & Recreation Commission. In the interest of future pipeline and park maintenance of the land -locked park parcel, EE is interested in negotiating a permanent easement with Consumers Power and Oakland County Parks & Recreation. 116 ATTACHMENTS Attachment A — Construction License Agreement (OCPR Authorized July 7, 2021) Attachment B — Exhibit C (Revised) Attachment C — Enbridge Correspondence STAFF RECOMMENDATION Staff recommends approval of the adjusted access route (Exhibit C) for the previous Oakland County Parks & Recreation Commission authorized Construction License Agreement to Enbridge Energy, LP, Superior, Wisconsin. MOTION Move to approve the adjusted access route (Exhibit C) for the previous Oakland County Parks & Recreation Commission authorized Construction License Agreement to Enbridge Energy, LP, Superior, Wisconsin. 117 CONSTRUCTION LICENSE AGREEMENT This Construction License Agreement ("Agreement") is entered into this 7th day of Julv , 2021 ("Effective Date") by and between the County of Oakland, a municipal and constitutional corporation located at 1200 North Telegraph Road, Pontiac, Michigan 48341, acting through its statutory agent, the Oakland County Parks and Recreation Commission ("County") and Enbridge Energy, Limited Partnership, by Enbridge Pipelines (Lakehead) L.L.C. as General Partner, with an office located at 119 N. 25th St. E., Superior, Wisconsin 54880 ("Enbridge"). BACKGROUND In 1969 Lakehead Pipe Line Company, Inc. (Enbridge's predecessor) received numerous easements (see Exhibit B) over certain parcels (see Exhibit A) of property in Oakland County to construct, operate, maintain, inspect, remove, replace and reconstruct one or more pipelines for the transportation of oil, other liquid hydrocarbons, and any product or by-product thereof. 2. When the County purchased the parcels of property which now comprise Rose Oaks County Park, some of the parcels of property were subject to the easements. 3. In 2010, the Parties executed similar Construction License Agreement for repairs to two sections of the pipeline running through the Easement. 4. In 2012, the Parties executed another similar Construction License Agreement to install a second pipeline in the Easement and decommission the existing pipeline in the Easement. 5. In October 2019, Oakland County Parks and Recreation Commission (OCPRC) personnel observed portions of the decommissioned pipeline floating to the surface of the wetlands in Rose Oaks County Park. 6. After this observation, OCPRC personnel contracted Enbridge to request that this issue be corrected. 7. Enbridge has agreed to remove the pipeline at issue. 8. Because the repair/correction activities will require the use of the Additional Property, as defined below, (see Exhibit C) the Parties enter into this Agreement for use of the Additional Property and to ensure the Additional Property is properly restored. 9. In consideration of the mutual covenants contained in this Agreement the Parties agree to the following terms and conditions. ARTICLE I — DEFINITIONS "Additional Property" means the real property depicted in Exhibit C, which is outside the Easements, needed by Enbridge, on a temporary basis, to conduct its pipeline repairs. 118 2. "Agreement" means this Agreement, Background, Article I and Article II and all Exhibits hereto attached. 3. "Day' means calendar day, unless otherwise specified in this Agreement. 4. "Easements" mean the documents attached to this Agreement as Exhibit B. 5. "Exhibits" means all of the following documents which are fully incorporated into this Agreement: (1) Exhibit A — Parcel descriptions upon which Easements were granted to Lakehead and (2) Exhibit B - Easements and (3) Exhibit C — Additional Property. ARTICLE II — LICENSE 1. License. Enbridge and its contractors, consultants, agents, and employees shall have a license to enter in and upon the Additional Property, as necessary to perform activities which are permitted under the Easements. 1.1. All excavation will be completed within the Easement. 1.2. All excavate soils will be segregated to salvage the existing organic topsoil to be used as part of the restoration process. 1.3. All dewatering must be pumped to a sedimentation area/pond to prevent sediment within the wetland areas. 1.4. All project activity shall be coordinate with OCPRC Park Operations for the closure of trails and prevention of the public into the construction zone of the project. 2. Term of License. Unless the County is notified in writing by Enbridge earlier, the term of this Agreement shall commence on the Effective Date and end on December 31, 2022 3. Consideration. Enbridge shall pay the County the sum of Sixteen Thousand, Three hundred Twenty -Five dollars ($16,325.00) as full and final consideration for use of the Additional Property and perform all other duties and responsibilities set forth in this Agreement and as required by law. 4. Damage to and Restoration of Easement and Additional Property. Enbridge, at its sole cost, shall restore any portion of the Additional Property or the Easements which is damaged or disturbed by exercising its rights under the Easements or this Agreement. Enbridge, at its sole cost, shall hire an environmental consultant to oversee the restoration of the damaged or disturbed property. Such environmental consultant shall be approved by the County in writing. The County's approval shall not be unreasonably withheld. The environmental consultant shall create a written restoration plan for the disturbed or damaged property. The restoration plan, at a minimum, shall require that the damaged or disturbed property is restored to a condition similar to that, which existed prior to the commencement of work by Enbridge. The restoration plan will include information (depictions as practical) regarding replacement of trees, shrubs, perennials and other plant materials. Prior to implementation, the restoration plan shall be provided to and approved, in writing, by the OCPRC Executive Officer or his/her designee. Within thirty (30) days 119 of receipt, the County shall provide its approval of or comments on the restoration plan to Enbridge in writing. The County's review of the restoration plan shall give due consideration to other permits issued to Enbridge for the activities described herein and taking place on the Additional Property, including the termination dates of any such permits. The County's approval shall not be unreasonably withheld. Notwithstanding any other provision in this Agreement, Article II, Paragraph 2, Term of License, shall be reasonably extended, in favor of Enbridge, in order to implement the County -approved restoration plan. 5. Eastern Massasauga Rattlesnake. Enbridge acknowledges that the County delivered a copy of its Eastern Massasauga Rattlesnake Implementation Plan (" EMRIP") outlining property restrictions as result of the County's Certificate of Inclusion to MDNR's CCAA. Enbridge acknowledges that it will receive United States Fish and Wildlife Service ("USFWS") sign -off through your EGLE permitting process for the work performed under this License. The County will notify its USFWS contacts of potential implications under our EMRIP 6. Liability and Indemnification. Enbridge shall be responsible for the actual damage, including environmental damage, resulting from Enbridge's exercise of its rights under the Easements or this Agreement. Enbridge shall indemnify and hold harmless the County and its elected officials, officers, employees and/or agents from and against any and all claims that are imposed upon, incurred by or asserted against the County and its elected officials, officers, employees and/or agents which are based upon, result from or arise from, or are in any way related to Enbridge's (or its official's, employee's subcontractor's or agent's) use of or performance of any activities upon or in the Easements and Additional Property. 7. Comuliance with Law. Enbridge's use of or performance of activities upon or in the Easements and Additional Property shall comply with all applicable federal, state, and local laws, regulations, rules and ordinances and all construction activities will be performed in a good, professional, workman like manner. Prior to commencing work in the Easement, Enbridge shall obtain all permits and other governmental authorizations required by federal, state, and local law, regulation, rule, and ordinance. 8. Assignment. Enbridge shall not assign this Agreement or any portion thereof without the County's express written consent. 9. Access to Easement and Additional Property. During the term of this Agreement, Enbridge shall have the right to access the Additional Property 24 hours per day, 7 days per week. 10. No Interest In Real Prouerty. This Agreement does not and is not intended to grant or convey an interest in real property to Enbridge. 11. Notices. Enbridge shall provide the County with three (3) business days' notice before commencing additional work within the Easement or Additional Property, except in the case of an emergency or urgent matter and then such notice must be given as soon as 120 possible thereafter. All notices, requests, demands, and other communications required by this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: To Enbridge: Enbridge Energy, Limited Partnership Attention: Lands & ROW Department 119 N. 25t' Street E. Superior, WI 54880 To County: Oakland County Parks and Recreation Commission Attention: Executive Officer 2800 Watkins Lake Road Waterford, MI 48328 With a copy to: Oakland County Parks and Recreation Commission Attention: Chief of Park Facilities Maintenance and Development 2800 Watkins Lake Road Waterford, MI 48328 With a copy to: Property Management Specialist Oakland County Department of Facilities Management 1 Public Works Drive Waterford, MI 48328 12. Succession. This Agreement is binding upon the Parties and shall be binding upon their successive heirs, representatives, administrators, successors, subcontractors, and assigns. 13. Reservation of Rights. The Agreement does not, and is not intended to, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the County or Enbridge. 14. No Imulied Waiver. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any right or remedy under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of the Agreement. No waiver by either Party shall subsequently effect its right to require strict performance of this Agreement. 15. Invalid Provision. The invalidity or unenforceability of any sections or subsections of this Agreement shall not affect the validity or enforceability of the remainder of this Agreement or the remainder of any sections or subsections. This Agreement shall be construed in all respects as if any invalid or unenforceable sections or subsections were omitted. 121 16. Remedies Not Exclusive. The rights, remedies, and benefits provided by this Agreement shall be cumulative, and shall not be exclusive of any other rights, remedies and benefits, or of any other rights, remedies, and benefits allowed by law. 17. Headings. The section headings used throughout this Agreement are provided for reader convenience only and shall not be controlling in the interpretation of this Agreement. 18. Governing Law and Venue. This Agreement shall be construed in accordance with, and subject to, the laws of the State of Michigan. To the extent provided by law, any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall only be instituted in the Oakland County Circuit Court, a District Court located in Oakland County, or the United States District Court for the Eastern District of Michigan, depending on the nature of the action, suit, or other proceeding. 19. Amendment. This Agreement may not be changed, modified, amended, or altered, except as evidenced in a separate written agreement signed by both Parties. 20. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 21. Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes all prior offers, negotiations, and/or agreements between the Parties relative to the subject matter addressed herein. The Parties represented that there are no understandings, representations, or promises of any kind, oral or written, that have been made by the Parties to induce the execution of this Agreement except those expressly set forth in this Agreement. 122 ENBRIDGE ENERGY, LIMITED PARTNERSHIP By: ENBRIDGE PIPELINES (LAKEHEAD) L.L.C. As General Partner Sign: Print: Title: Date: OAKLAND COUNTY PARKS AND RECREATION COMMISSION Sign: sK., Gary R. McGillivray, Chairperson Oakland County Parks and Recreation Commission Date: July 7, 2021 123 EXHIBIT A This Exhibit A is attached to and made part of the "Construction License Agreement" between the County of Oakland, a Michigan Constitutional and Municipal corporation and Enbridge Energy, Limited Partnership, a Delaware limited partnership. Parcel descriptions upon which Easements were granted to Lakehead (Enbridge's predecessor): The following described premises situated in the Township of Rose, County of Oakland, State of Michigan and is described as follows, to -wit: Parcel 14: Part of Southwest 1/4 of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 00 degrees 27 minutes 20 seconds East 1006.29 feet from Southwest section corner; thence North 00 degrees 27 minutes 20 seconds East 239.66 feet; thence North 89 degrees 43 minutes 35 seconds East 380 feet; thence South 00 degrees 27 minutes 20 seconds West 237.65 feet; thence South 89 degrees 25 minutes 26 seconds West 380.08 feet to beginning. Parcel 15: Part of Southwest 1/4 of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 00 degrees 27 minutes 20 seconds East 1006.29 feet and North 89 degrees 25 minutes 26 seconds East 380.08 feet from Southwest section corner; thence North 00 degrees 27 minutes 20 seconds East 637.65 feet; thence North 89 degrees 43 minutes 35 seconds East 344 feet; thence South 01 degrees 27 minutes 00 seconds West 634.74 feet; thence South 89 degrees 25 minutes 26 seconds West 344 feet to beginning. Parcel 16: Part of Southwest 1/4 of Section 9, Town 4 North, Range 9 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 00 degrees 27 minutes 20 seconds East 1006.29 feet and North 89 degrees 25 minutes 26 seconds East 724.08 feet from Southwest section corner; thence North 01 degrees 27 minutes 00 seconds East 636.56 feet; thence North 89 degrees 43 minutes 35 seconds East 263.48 feet; thence South 01 degrees 27 minutes 00 seconds West 636.56 feet; thence South 89 degrees 25 minutes 26 seconds West 252.49 feet to beginning. Parcel 17: Part of Southwest 1/4 of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 00 degrees 27 minutes 20 seconds East 1006.29 feet and North 89 degrees 25 minutes 26 seconds East 976.57 feet from Southwest Section corner; thence North 01 degrees 27 minutes 00 seconds East 634.74 feet; thence North 89 degrees 43 minutes 35 seconds East 344 feet; thence South 01 degrees 27 minutes 25 seconds West 632.99 feet; thence South 89 degrees 25 minutes 26 seconds West 344 feet to beginning. Parcel 21: 124 Part of Southwest 1/4 of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 89 degrees 25 minutes 26 seconds East 1302.92 feet and North 01 degrees 27 minutes 25 seconds East 1303.79 feet from Southwest section corner; thence North 01 degrees 27 minutes 25 seconds East 336.5 feet; thence North 00 degrees 21 minutes 12 seconds East 988.23 feet; thence North 89 degrees 28 minutes 16 seconds East 331.88 feet; thence South 00 degrees 32 minutes 03 seconds West 1324.01 feet; thence South 89 degrees 25 minutes 26 seconds West 334.18 feet to beginning. Parcel 23: Part of Southwest 1/4 of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 89 degrees 25 minutes 26 seconds East 1302.92 feet and North 01 degrees 27 minutes 25 seconds East 1303.79 feet and North 89 degrees 25 minutes 26 seconds East 668.36 feet from Southwest section corner; thence North 00 degrees 26 minutes 25 seconds East 1323.70 feet; thence North 89 degrees 28 minutes 16 seconds East 331.89 feet; thence South 00 degrees 20 minutes 09 seconds West 1323.39 feet; thence South 89 degrees 25 minutes 26 seconds West 334.18 feet to beginning. Parcel 24: Part of Southwest 1/4 of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 89 degrees 25 minutes 26 seconds East 1302.92 feet and North 01 degrees 27 minutes 25 seconds East 1303.79 feet and North 89 degrees 25 minutes 26 seconds East 1002.54 feet from Southwest section corner; thence North 00 degrees 20 minutes 09 seconds East 1323.39 feet; thence North 89 degrees 28 minutes 16 seconds East 331.89 feet; thence South 00 degrees 14 minutes 10 seconds West 1323.07 feet; thence South 89 degrees 25 minutes 26 seconds West 334.8 feet to beginning. Parcel 25: Part of Southwest 1/4 of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 89 degrees 25 minutes 26 seconds East 1302.92 feet and North 01 degrees 27 minutes 25 seconds East 651.89 feet from Southwest section corner; thence North 01 degrees 27 minutes 25 seconds East 651.90 feet; thence North 89 degrees 25 minutes 26 seconds East 668.36 feet; thence South 00 degrees 54 minutes 00 seconds West 651.76 feet; thence South 89 degrees 25 minutes 25 seconds West 675.31 feet to beginning. Parcel 29: That part of Southeast 1/4 of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan, lying West of PM RR Right of Way. Part of the SW 1/4 of the SW 1/4 Section 9, T4N, R7E, Rose Township, Oakland County, Michigan, described as beginning at a point on the west line Section 9, located N 01 ° 29' 27" E 670.86 ft from the SW corner Section 9, T4N, R7E; Th continuing N O1' 29' 27" E 335.42 ft along said west line Section 9; Th S 89' 32' 27" E 1320.57 ft; Th S 02' 29'55" W 335.77 ft; Th N 89' 31' 57" W 1314.66 ft to the point of beginning. Containing 10.15 acres and excepting the rights of the public over the W'ly 33.00 ft for Fish Lake Road. Also excepting any other easement or restrictions of record, if any. Parcel 22: 125 Part of Southwest 1/4 of Section 9, Town 4 North, Range 7 East, Township of Rose, Oakland County, Michigan: Beginning at point distant North 89 degrees 25 minutes 26 seconds East 1302.92 feet and North 01 degrees 27 minutes 25 seconds East 1303.79 feet and North 89 degrees 25 minutes 26 seconds East 334.18 feet from Southwest section corner; thence North 00 degrees 32 minutes 03 seconds East 1324.01 feet; thence North 89 degrees 28 minutes 16 seconds East 331.88 feet; thence South 00 degrees 26 minutes 05 seconds West 1323.70 feet; thence South 89 degrees 25 minutes 26 seconds West 334.18 feet to beginning. All of the above parcels now known as part of PIN: 06-09-300-020 126 EXHIBIT B This Exhibit B is attached to and made part of the "Construction License Agreement" between the County of Oakland, a Michigan Constitutional and Municipal corporation and Enbridge Energy, Limited Partnership, a Delaware limited partnership. Easements granted to Lakehead (Enbridge's predecessor) and recorded in the Oakland County Michigan Register of Deeds Records: Liber 5364 Pager 498; Liber 5364 Pager 502; Liber 5364 Pager 505; Liber 5364 Pager 508; Liber 5364 Pager 511; Liber 5364 Pager 514; Liber 5364 Pager 517; Liber 5364 Pager 520; Liber 5364 Pager 523; Liber 5364 Pager 526; Liber 5364 Pager 529. 127 128 Agenda Item No. 16 Donnellon, Michael J From: Sent: To: Cc: Subject: Attachments: Mike, Kameron McCrary <kameron.mccrary@enbridge.com> Friday, September 24, 2021 1:30 PM Donnellon, Michael J; Hall, Jody S Wells, Susan M; Kenny, Shannon M; Michael Price; Boyd, Mike; Brown, Jeremy Dwain; Dunleavy, James C; Cook-Maylen, Sarah; Brett Somerfield; Doherty, Bob; Brian Buck; Shannon Benzer RE: Oakland Co - Pipe Removal Project Rose Oaks Park - Rev. Access 003.PNG Please see the attached exhibit that includes the requested revisions made to the Northern access route. Typically, damage payments are calculated using the actual footprint of the area that will likely be disturbed. The latest route is slightly shorter in length than the original access plan. This caused a slight reduction to the original compensation offer as outlined in my previous email. Understanding the complexity of this project and the constraints any additional changes can have on the current construction schedule, Enbridge is comfortable proceeding with the original amount offered to Oakland County on June 29th, 2021. To confirm, Enbridge's agreement to pay this amount will expedite the approval process and only the revised exhibit will be added to the original Construction License draft? It is my understanding that no other language changes will be made by Oakland County. If so, please provide an updated copy of the agreement so that our legal staff can proceed with their review/execution. Have a great weekend. Respectfully, RWP Advisor, Lands & Right of Way ENBR/DGE TEL: 517-985-1203 1 CELL: 517-245-8807 3000 Mt. Pleasant Rd, Stockbridge, MI 49285 enbridae.com Safety. Integrity. Respect. Inclusion From: Donnellon, Michael J <donnelIon m@oakgov.com> Sent: Thursday, September 23, 2021 8:55 AM To: Kameron McCrary <kameron.mccrary@enbridge.com>; Hall, Jody S <halljs@oakgov.com> Cc: Wells, Susan M <wellss@oakgov.com>; Kenny, Shannon M <kennys@oakgov.com>; Michael Price <Mike.Price@enbridge.com>; Boyd, Mike <boydm@oakgov.com>; Brown, Jeremy Dwain <brownjd@oakgov.com>; Dunleavy, James C <dunleavyj@oakgov.com>; Cook-Maylen, Sarah <maylens@oakgov.com>; Brett Somerfield <Brett.Somerfield@enbridge.com>; Doherty, Bob <Robert.Doherty@wsp.com> Subject: [External] RE: Oakland Co - Pipe Removal Project 1 129 EXTERNAL: PLEASE PROCEED WITH CAUTION. This e-mail has originated from outside of the organization. Do not respond, click on links or open attachments unless you recognize the sender or know the content is safe. Kameron, Can you revise the image this morning to show the northern parcel of Rose Oaks County Park as shown in the attached image. As a reminder, the route should follow our westerly path/trail as much as possible to minimize disruption and after confirming lengths in ArcGIS Online with the trail adjustment, both routes are similar in lengths and recommend that we keep the previous 2,730 linear feet for the agreement calculations. According to Jody Hall, since Enbridge Energy didn't sign the previous agreement, our approval is not technically an amendment. Therefore and if you agree to the above calculation adjustment, we would just provide a new Exhibit C for this agreement. After approval next week and prior to construction, please provide us with the approved permits from EGLE and USFWS as well as the restoration plan for the site. Thanks Michael J. Donnellon, Jr. LLA, ASLA Chief of Park Facilities Maintenance & Development donnelIonm(@oakaov.com 248-343-6290 tiJ -1, Thank you for supporting Oakland County Parks and Recreation since 1966. From: Kameron McCrary <kameron.mccrarv@enbridee.com> Sent: Wednesday, September 22, 2021 7:4S PM To: Hall, Jody S <hallis@oakRov.com>; Donnellon, Michael J <donnellonm@oakRov.com> Cc: Wells, Susan M <wellss oakRov.com>; Kenny, Shannon M <kennvs@oakgov.com>; Michael Price <Mike.Price@enbridRe.com>; Boyd, Mike <bo dm oakgov.com>; Brown, Jeremy Dwain <brownid@oakRov.com>; Dunleavy, James C <dunleavvi@oakgov.com>; Cook-Maylen, Sarah <mavlens@oakgov.com> Subject: RE: Oakland Co - Pipe Removal Project Mike, Please see the updated illustration below which outlines the revised disturbance for the Oakland Co. Rose Oaks Park Pipe Removal project stilled planned for October 2021: 130 The access routes (yellow) will be calculated at 20' widths. I have confirmed with our project team that these areas will be matted and actual disturbance should not exceed the 12' wide mats. The orange areas indicate the requested TWS as specified by our contractor. The pipeline centerline is depicted in red and is the section that will be cut and removed. The blue squares illustrate the approximate cutting locations. The parcel boundaries are illustrated in green, per the county shapefile. Please see the updated calculations below, which includes the revised access route from Ottieway Ct (yellow): Access Roads: 1,815' (L) x 20' (W) = 36,300'/43,560 = 0.833 acres 2,578' (L) x 20' (W) = 51,560'/43,560 = 1.18 acres Total: 2.013 acres Proposed TWS: Area A: 0.98 acres Area B: 0.98 acres Total: 1.96 acres Existing Pipeline ROW: Area A: 300' (L) x 60' (W) = 18,000'/43,560 = 0.413 acres 131 Area B: 265' (L) x 60' (W) = 15,900'/43,560 = 0.365 acres Total:.778 acres Summarv: 2.013 ac. (Access) + 1.96 ac. (TWS) = 3.973 acres — 0.778 ac. (Existing ROW) = 3.195 acres 3.195 acres x $5k/per acre = $15,975.00 A brief market analysis has determined similar properties in the area to be valued at $10k/per acre. Enbridge is offering 50% ($5k/per acre) for the affected area, as the additional working rights are only temporary and will expire upon the completion of the project. All lands disturbed during the work will be restored to a condition, as near as practical, to that which existed prior to the start of the work. Should you have any questions concerning this offer, please do not hesitate to contact me directly. Respectfully, Kameron T. McCrar RWP Advisor, Lands & Right of Way ENBR/DGE TEL: 517-985-1203 1 CELL: 517-245-8807 3000 Mt. Pleasant Rd, Stockbridge, MI 49285 enbridae.com Safety. Integrity. Respect. Inclusion From: Hall, Jody S <hallis@oakFov.com> Sent: Tuesday, August 24, 2021 2:58 PM To: Kameron McCrary <kameron.mccrarv@enbridge.com>; Donnellon, Michael J <donnellonm@oakgov.com> Cc: Wells, Susan M <wellss@oakeov.com>; Kenny, Shannon M <kennvs@oakeov.com>; Michael Price <Mike.Price @enbridge.com>; Boyd, Mike <bovdm@oakgov.com>; Brown, Jeremy Dwain <brownid@oakgov.com>; Dunleavy, James C <dunleavvi@oakeov.com>; Cook-Maylen, Sarah <mavlens@oakeov.com> Subject: [External] RE: Oakland Co - Pipe Removal Project EXTERNAL: PLEASE PROCEED WITH CAUTION. This e-mail has originated from outside of the organization. Do not respond, click on links or open attachments unless you recognize the sender or know the content is safe. Hi Mike — The permission from "Oakland County' would be given via the Construction License Agreement. Oakland County and the Oakland County Parks and Recreation Commission are not separate legal entities. Jody 0 Jody S.Hall, Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, V Floor Pontiac, MI 48341 Phone Number: (248) 858-0555 Fax Number: (248) 858-1003 E-mail: hallisCcDoakciov.com PRIVILEGED AND CONFIDENTIAL — ATTORNEY CLIENT COMMUNICATION 132 This e-mail is intended only for those persons to whom it is specifically addressed. It is confidential and is protected by the attorney -client privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in anyway. Individuals are advised that any dissemination, reproduction or unauthorized review of this information by persons other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550. Thank you for your cooperation. From: Kameron McCrary <kameron.mccrarv@enbridge.com> Sent: Tuesday, August 24, 2021 9:46 AM To: Donnellon, Michael J <donnellonm@oakRov.com> Cc: Hall, Jody S <hallis@oakRov.com>; Wells, Susan M <wellss@oakeov.com>; Kenny, Shannon M <kennvs@oakRov.com>; Michael Price <Mike.Price@enbridRe.com>; Boyd, Mike <bovdm@oakgov.com>; Brown, Jeremy Dwain <brownid@oakgov.com>; Dunleavy, James C <dunleavvi@oakgov.com>; Cook-Maylen, Sarah <mavlens@oakgov.com> Subject: RE: Oakland Co - Pipe Removal Project Importance: High Good morning, Unfortunately, CSX Railroad has denied Enbridge use of the pre-existing RR crossing located off Buckhorn Lake Road on the Eastern side of Rose Oaks County Park. This presents a unique challenge for access to the Eastern side of this property. Most other options require alternative RR crossings or are prevented by existing wetlands as delineated by our environmental representatives. Enbridge must access this location to successfully cut the pipeline prior to removal efforts. Our legal staff has stood down on the final execution of the construction license agreement, as acreage amounts will change once a revised plan is finalized. An alternative route is currently being vetted from the North, off Ottieway Ct. This route will only impact properties owned by Consumers Energy and Oakland County, and will certainly be the most feasible now that the preferred option has been denied. The current plan will be to head East from Ottieway Ct and traverse down the Consumers Energy ROW. The access will then head South through the Oakland County owned parcels until the path joins up with the original route that exists on the Western side of the RR crossing. This proposed alternative is illustrated in blue below. The original route is depicted in white: This route is only a preliminary alternative and has only been reviewed via desktop. Further field research will need to be conducted to confirm feasibility. Landowner permission will also need to be granted from both Oakland County and 133 Consumers Energy prior to use. This has been a substantial set -back and is currently threatening the timeline of the project. Please review the image above and present any feedback or concerns from the perspective of Oakland County. Respectfully, rxamuron T. McCrary RWP Advisor, Lands & Right of Way ENBRIDGE TEL: 517-985-1203 1 CELL: 517-245-8807 3000 Mt. Pleasant Rd, Stockbridge, MI 49285 enbridae.com Safety. Integrity. Respect. Inclusion From: Kameron McCrary Sent: Monday, July 26, 2021 11:32 AM To: Donnellon, Michael J <donnellonm@oak.Rov.com> Cc: Hall, Jody S <halrs oakgov.com>; Wells, Susan M <wellss oakRov.com>; Kenny, Shannon M <kennvs@oak.Rov.com>; Michael Price <Mike.Price@enbrid.Re.com>; Boyd, Mike <bovdm@oakgov.com>; Brown, Jeremy Dwain <brownid@oak.Rov.com>; Dunleavy, James C <dunleavvi@oakgov.com>; Cook-Maylen, Sarah <mavlens@oakaov.com> Subject: RE: Oakland Co - Pipe Removal Project Mike, Thank you for providing the construction license agreement. I have shared it with our legal staff for final review/execution. I will return the completed document once received. I appreciate all of your help throughout the planning of this project. Respectfully, Kameron T. McCrary RWP Advisor, Lands & Right of Way ENBRIDGE TEL: 517-985-1203 1 CELL: 517-245-8807 3000 Mt. Pleasant Rd, Stockbridge, MI 49285 enbridae.com Safety. Integrity. Respect. Inclusion From: Donnellon, Michael J <donnellonm@a oakeov.com> Sent: Friday, July 23, 2021 12:50 PM To: Kameron McCrary <kameron.mccrarv@enbridee.com> Cc: Hall, Jody S <hallis@oakgov.com>; Wells, Susan M <wellss oakeov.com>; Kenny, Shannon M <kenn s oakgov.com>; Michael Price <Mike.Price@enbridge.com>; Boyd, Mike <bovdm@oakgov.com>; Brown, Jeremy Dwain <brownid@oakeov.com>; Dunleavy, James C <dunleavvi@oakeov.com>; Cook-Maylen, Sarah <mavlens@oakaov.com> Subject: [External] RE: Oakland Co - Pipe Removal Project EXTERNAL: PLEASE PROCEED WITH CAUTION. This e-mail has originated from outside of the organization. Do not respond, click on links or open attachments unless you recognize the sender or know the content is safe. 134 Kameron, Attached is the signed copy of the construction license. Please sign, scan and return the electronic copy via email and the hard copy to our Administration Office, 2800 Watkins Lake Road, Waterford, MI 48348, Attn Mike Donnellon. Thanks Michael J. Donnellon, Jr. LLA, ASLA Chief of Park Facilities Maintenance & Development donnellonm(@oakgov.com 248-343-6290 Thank you for supporting Oakland County Parks and Recreation since 1966. From: Kameron McCrary <kameron.mccrarv@enbridge.com> Sent: Thursday, July 15, 2021 4:34 PM To: Donnellon, Michael J <donnellonm@oakgov.com> Cc: Hall, Jody S <hallis@oakgov.com>; Wells, Susan M <wellss@oakgov.com>; Kenny, Shannon M <kennvs@oakgov.com>; Michael Price <Mike.Price@enbridge.com>; Boyd, Mike <bovdm@oakgov.com>; Brown, Jeremy Dwain <brownid@oakgov.com>; Dunleavy, James C <dunleavvi@oakgov.com>; Cook-Maylen, Sarah <mavlens@oakgov.com> Subject: RE: Oakland Co - Pipe Removal Project Good afternoon Mike, Thanks for the update. I will keep an eye out for the agreement. I will be out of the office tomorrow, but will be returning on Monday. Respectfully, Kameron T. McCrary RWP Advisor, Lands & Right of Way ENBRIDGE TEL: 517-985-1203 1 CELL: 517-245-8807 3000 Mt. Pleasant Rd, Stockbridge, MI 49285 enbridoe.com Safety. Integrity. Respect. Inclusion From: Donnellon, Michael J <donnellonm@oakgov.com> Sent: Thursday, July 15, 2021 1:58 PM To: Kameron McCrary <kameron.mccrarv(@enbridge.com> Cc: Hall, Jody S <hallis@oakgov.com>; Wells, Susan M <wellss@oakaov.com>; Kenny, Shannon M <kennvs@oakgov.com>; Michael Price <Mike.Price@enbridge.com>; Boyd, Mike <bovdm@oakgov.com>; Brown, Jeremy Dwain <brownid@oakgov.com>; Dunleavy, James C <dunleavvi@oakgov.com>; Cook-Maylen, Sarah <mavlens@oakgov.com> Subject: [External] RE: Oakland Co - Pipe Removal Project 135 -:IIII"AZrim 1119:[41111111I Q01 This e-mail has originated from outside of the organization. Do not respond, click on links or open attachments unless you recognize the sender or know the content is safe. Kameron, Our Parks Commission approved the construction license last week Wednesday. I will forward the agreement as soon as I receive it from our Commission. Thanks Michael J. Donnellon, Jr. LLA, ASLA Chief of Park Facilities Maintenance & Development don nelIon m(o)oakgov.com 248-343-6290 Thank you for supporting Oakland County Parks and Recreation since 1966. From: Kameron McCrary <kameron.mccrarv@enbridge.com> Sent: Tuesday, June 29, 2021 5:06 PM To: Donnellon, Michael J <donnellonm@oakgov.com> Cc: Hall, Jody S <hallis@oakgov.com>; Wells, Susan M <wellss@oakgov.com>; Kenny, Shannon M <kennvs@oakgov.com>; Michael Price <Mike.Price@enbridge.com> Subject: RE: Oakland Co - Pipe Removal Project Mike, As requested, please see the illustration below which outlines the planned disturbance for the Oakland Co. Rose Oaks Park Pipe Removal project planned for October 2021: 136 The access routes (yellow) will be calculated at 20' widths. I have confirmed with our project team that these areas will be matted and actual disturbance should not exceed the 12' wide mats. The orange areas indicate the requested TWS as specified by our contractor. The pipeline centerline is depicted in red and is the section that will be cut and removed. The blue squares illustrate the approximate cutting locations. Please see the calculations below: Access Roads: 1,815' (L) x 20' (W) = 36,300'/43,560 = 0.833 acres 2,730' (L) x 20' (W) = 54,600'/43,560 = 1.25 acres Total: 2.083 acres Proposed TWS: Area A: 0.98 acres Area B: 0.98 acres Total: 1.96 acres Existing Pipeline ROW: Area A: 300' (L) x 60' (W) = 18,000'/43,560 = 0.413 acres Area B: 265' (L) x 60' (W) = 15,900'/43,560 = 0.365 acres Total:.778 acres Summarv: 137 2.083 ac. (Access) + 1.96 ac. (TWS) = 4.043 acres — 0.778 ac. (Existing ROW) = 3.265 acres 3.265 acres x $5k/per acre = $16,325.00 A brief market analysis has determined similar properties in the area to be valued at $10k/per acre. Enbridge is offering 50% ($5k/per acre) for the affected area, as the additional working rights are only temporary and will expire upon the completion of the project. All lands disturbed during the work will be restored to a condition, as near as practical, to that which existed prior to the start of the work. Should you have any questions concerning this offer, please do not hesitate to contact me directly. Respectfully, Kameron T. McCraryRWP Advisor, Lands & Right of Way ENBR/DGE TEL: 517-851-6003 1 CELL: 517-245-8807 3000 Mt. Pleasant Rd, Stockbridge, MI 49285 enbridae.com Safety. Integrity. Respect. Inclusion From: Donnellon, Michael J <donnellonm@oakgov.com> Sent: Tuesday, June 29, 2021 11:22 AM To: Kameron McCrary <kameron.mccrarv@enbridge.com> Cc: Hall, Jody S <hallis@oakgov.com>; Wells, Susan M <wellss@oakgov.com>; Kenny, Shannon M <kennvs@oakgov.com> Subject: [External] RE: Oakland Co - Pipe Removal Project EXTERNAL: PLEASE PROCEED WITH CAUTION. This e-mail has originated from outside of the organization. Do not respond, click on links or open attachments unless you recognize the sender or know the content is safe. Thanks Kameron Michael J. Donnellon, Jr. LLA, ASLA Chief of Park Facilities Maintenance & Development don nelIon m(o)oakgov.com 248-343-6290 Thank you for supporting Oakland County Parks and Recreation since 1966. From: Kameron McCrary <kameron.mccrarv@enbridge.com> Sent: Tuesday, June 29, 2021 10:18 AM To: Donnellon, Michael J <donnellonm@oakgov.com> Cc: Hall, Jody S <hallis@oakgov.com>; Wells, Susan M <wellss oakgov.com>; Kenny, Shannon M <kennvs@oakgov.com> Subject: RE: Oakland Co - Pipe Removal Project 10 138 Good morning Mike, I have received all that was needed from our team. I will have an emailed outline of the construction impact as well as the compensation summary sent to you by COB today. Thank you for your patience. Respectfully, Kameron T. McCrar, RWP Advisor, Lands & Right of Way ENBR/DGE TEL: 517-851-6003 1 CELL: 517-245-8807 3000 Mt. Pleasant Rd, Stockbridge, MI 49285 enbridoe.com Safety. Integrity. Respect. Inclusion From: Donnellon, Michael J <donnelIon m@oakeov.com> Sent: Tuesday, June 29, 2021 9:24 AM To: Kameron McCrary <kameron.mccrarv(@enbridee.com> Cc: Hall, Jody S <hallis@oakeov.com>; Wells, Susan M <wellss@oakeov.com>; Kenny, Shannon M <kennvs@oakgov.com> Subject: [External] RE: Oakland Co - Pipe Removal Project EXTERNAL: PLEASE PROCEED WITH CAUTION. This e-mail has originated from outside of the organization. Do not respond, click on links or open attachments unless you recognize the sender or know the content is safe. Kameron, Any update on this? If we don't have anything by the end of the day, I will be pulling the agenda item from our July 71h Commission Meeting and moving it to August 4tn Please advise either way today. Thanks Michael J. Donnellon, Jr. LLA, ASLA Chief of Park Facilities Maintenance & Development don nelIon m(o)oakaov.com 248-343-6290 Thank you for supporting Oakland County Parks and Recreation since 1966. From: Donnellon, Michael J Sent: Tuesday, June 22, 2021 7:05 AM To: Kameron McCrary <kameron.mccrary a@enbridee.com> Cc: Hall, Jody S <hallis@oakeov.com>; Wells, Susan M <wellss@oakRov.com> Subject: RE: Oakland Co - Pipe Removal Project 11 139 Kameron, Any word on this yet? We need to finalize our Commission agenda by Thursday this week in order to place this on the July 7th Commission Meeting for approval. Please advise Michael J. Donnellon, Jr. LLA, ASLA Chief of Park Facilities Maintenance & Development don nellonm(o-)oakaov.com 248-343-6290 Thank you for supporting Oakland County Parks and Recreation since 1966. From: Kameron McCrary <kameron.mccrarv@enbridge.com> Sent: Tuesday, June 15, 2021 9:06 AM To: Donnellon, Michael J <donnellonm@oakgov.com> Subject: Oakland Co - Pipe Removal Project Good morning Mike, Thanks for the call. I understand that you will be tied up in meetings this morning so I am following up via email. I appreciate you taking the time to meet with me last week to discuss the compensation proposal and affected area for the Line 6B removal project in Rose Oaks Park. As discussed, new information was distributed just prior to our meeting and I needed to verify that no major changes had been made. I have confirmed such, and it appears that no substantial changes were made to the proposed temporary work space areas. After our meeting, I sent an email detailing all of the labeled areas and acreage for confirmation to our project management and contractors. I have followed up again this morning and expect to receive a response very soon. Once I receive their approval, I will draft an email for you outlining much of the same information and compensation offer amount like we discussed last Tuesday. Respectfully, Kameron T. McCrary RWP Advisor, Lands & Right of Way ENBR/DGE TEL: 517-851-6003 1 CELL: 517-245-8807 3000 Mt. Pleasant Rd, Stockbridge, MI 49285 enbridoe.com Safety. Integrity. Respect. Inclusion 12 140 Oakland Countv Parks and Recreation Commission Aqenda Item Memo Agenda #: 17 Department: Planning & Resource Development From: Melissa Prowse, Supervisor — Planning & Resource Development Subject: Motion — Approval of County -Wide Survey Request for Proposals INTRODUCTION AND HISTORY Public engagement that reflects the recreational behaviors and needs of all Oakland County residents is a necessary component of OCPR's planning efforts both at the organizational and park level. OCPR commissioned Community Needs Assessment surveys of Oakland County residents in 2006, 2008, 2010 and 2017. This survey and its results are statistically significant, meaning for Oakland County's population at least 600 survey responses are received. Information from the surveys has been used to guide development of OCPR's Five -Year Parks and Recreation Master Plans (2008-2012, 2013-2017, and 2018-2022) and millage renewal campaigns (2010 and 2020). Surveys prior to 2017 were conducted solely by telephone; beginning in 2017 the survey offers multiple response options, including online and by mail. The Community Needs Assessment Survey asks questions in the following areas. ■ Facilities and amenities visited, including frequency of use and analysis of OCPR park users v. non -users ■ Park availability within the county, including potential barriers to park use ■ Program participation ■ Recreational need ■ Support for improvements, repairs, preservation, and acquisition ■ Value and voting millage proposal likelihood ■ Demographics, including analysis of use among different races, ethnicities, and socio-economic groups ■ Beginning with the 2021 survey, we propose to add questions regarding environmental sustainability Timing: OCPRC's 5-Year Parks and Recreation Master Plan expires on December 31, 2022. A current Recreation Master Plan is needed to be eligible for state and certain federal grants. The Community Needs Assessment Survey is the foundation for the development of the updated plan. Staff recommends having the survey results in hand before March 1, 2022, so we have sufficient time for plan development and Commission Review before the submission deadline. The new Rec Plan must be submitted to the Michigan Department of Natural Resources before March 1, 2023. ATTACHMENTS A. Community Needs Assessment Survey Request for Proposals B. Recreation Master Plan 2023-2027 Commission Benchmarks C. 2017 Communitv Needs Assessment Survev (link) STAFF RECOMMENDATION Staff recommends the Commission approve the proposed RFP for the 2022 OCPR Needs Assessment Survey and direct staff to review bids and bring a recommendation back to the Commission in December 2021. MOTION Move to approve the proposed RFP for the 2022 OCPR Needs Assessment Survey and direct staff to review bids and bring a recommendation back to the Commission in December 2021. 141 Attachment "B" Request for Proposal for Community Needs Assessment Survey SECTION I — GENERAL INFORMATION 1. PURPOSE a. Qualified proposals are being sought by Oakland County Purchasing, on behalf of Oakland County Parks and Recreation Commission (OCPRC) to collect input from Oakland County residents on unmet recreational needs and priorities that will help shape OCPRC's mission, vision and strategic goals and objectives and the staff action plans that implement those strategies. 2. HISTORICAL PERSPECTIVE a. The Oakland County Parks and Recreation Commission (OCPRC) invite the public and stakeholders to contribute to the organizational and park planning and consider public and stakeholder input in the decisions they make. Staff is committed to providing participants with the information they need to participate and communicating back to them how their input has affected decisions. b. OCPRC commissioned surveys of Oakland County residents in 2006, 2008, 2010, and 2017. Information from the surveys were used to guide development of OCPRC's Five -Year Parks and Recreation Master Plans and millage renewal campaigns (2010 and 2020). c. OCPRC has developed a comprehensive park planning and public engagement program that incorporates survey results for individual parks as well as national and regional recreational surveys. 3. PROBLEM STATEMENT a. Initial Scope of Work i. Survey Design (1) Allow for comparison with past results and longitudinal analysis (2) Align with current public engagement strategies including park user surveys (3) Identify users and non -users of OCPRC parks (4) Identify socio-economic status of respondents (S) Identify race and ethnicity of respondents 142 (6) Address frequency of use (7) Address barriers to recreation (8) Address environmental sustainability of the park system and its importance to users (9) Use survey methods that are appropriate to the target population and to achieve sufficient sample size ii. Survey Sample Size (1) Is a representative sample across Oakland County (2) Has sufficient sample size to compare quadrants (3) Has sufficient sample size to analyze users and non -users as separate samples (4) Has sufficient sample size to analyze use among different races and ethnicities (5) Has sufficient sample size to analyze use among different socio-economic levels iii. Survey Analysis (1) Summary data report in electronic format (2) Data in spreadsheet format for further analysis by OCPRC b. REMOVE —WE'LL DO THIS IN HOUSE. Additional Scope Items i. The following items are to be considered and discussed during survey design and analysis, but may not move forward due to budget implications (1) Targeted public engagement based on survey results 4. COORDINATION AND SCHEDULING a. The Countywide Survey is a requirement of OCPRC's preparation of the Parks and Recreation 5- Year Master Plan. The current plan expires on December 31, 2022 and preparation of the new Rec Plan is already underway. The results of the Countywide Survey are part of the critical foundation for OCPRC's review of mission and goals and development of a Strategic Action Plan for 2023-2027. Completion of the Countywide Survey results before March 1, 2022 is important. 5. RFP— KEY DATES & INFORMATION a. All RFP questions MUST be submitted to Andy Krumwiede in writing at krumwiedea@oakaov.com b. Proposed RFP procurement schedule: i. RFP released through OC Purchasing on MITN: February 9, 2017 ii. Vendor Questions Due: February 15, 2017 iii. Bid Addendum posted: February 17, 2017 iv. Proposals due to OC Purchasing: February 23, 2017 v. Vendor Interviews March 3, 2017 vi. Recommendation to Award Contract: April Commission, 2017 143 6. PROPOSED TIMELINE: a. Bidding and Procurement b. Contract Award i. Requires OCPR Commission Approval c. Project Start d. Project End October -November 2021 December 2021 December 2021 February 2022 SECTION II — INFORMATION REQUIRED To be considered, prospective vendors must submit a complete response. Each proposal must be submitted with one (1) notated original and three (3) additional copies for a total of four (4) copies to Oakland County Purchasing. The original must be easily scannable — be bound by a binding clip only, printed on one side, contain no page dividers, and not on glossy or heavy paper. Extra copies are for the evaluators and can be presented in bindings and on paper however the bidder chooses. Proposals should be prepared simply and economically, providing a straight forward, concise description of the vendor's ability to meet the scope of work. Emphasis should be on the completeness and clarity of content. Proposals shall address each of the numbered and lettered areas below. To provide the evaluation committee with a uniform review format, vendors must build their proposals in a format that is in response to the following numbered statements. Vendors must number and letter their responses corresponding to the statements below. Failure to follow the vendor response format could result in a rejection of your proposal. 1. COVER LETTER/BUSINESS ORGANIZATION a. Submit a cover letter introducing your firm/organization and project lead, brief understanding of the project, and brief description of your qualifications. Conclude the letter by stating the full name and address of your organization and any partnering firm. Indicate state of incorporation and license to operate. 2. STATEMENT OF THE PROBLEM a. State your understanding of the problem, as presented. b. Acknowledge receipt of any or all addendum(s) issued by Oakland County Purchasing. 3. APPROACH a. Provide narrative on project approach, research and stakeholder input as provided in the planning review. 4. WORK PLAN a. Provide a work plan/schedule indicating various tasks, major benchmark and key elements that may be dependent and affect other task and timelines. 5. PRIOR EXPERIENCE/REFERENCES a. Provide a minimum of 3 references from similar projects within the last 10 years and description of related experience. 6. CAPABILITY AND QUALIFICATIONS 144 a. As it relates to the problem statement, provide staff resumes, certifications and professional licenses that indicate the education, experience and training of the persons to be assigned to this project. 7. 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 to perform a parks and recreation survey of Oakland County residents. b. The evaluation committee will review and score written proposals. At a minimum, the top three scoring proposals will be short listed for oral presentations. c. Oral presentations (Interviews) will be scheduled upon the recommendation of the evaluation committee through Oakland County Purchasing. Oral presentations will be scored with by a tool developed before the presentations and in the same process used to score written proposals. 2. Evaluation Criteria a. COVER LETTER/BUSINESS ORGANIZATION b. STATEMENT OF PROBLEM c. APPROACH d. WORK PLAN e. PRIOR EXPERIENCE/REFERENCES f. CAPABILITY AND QUALIFICATIONS SECTION IV —ADDITIONAL INFORMATION 8. ADDITIONAL INFORMATION a. The following information will provide additional insight into the preliminary design of this project. All documents are available at the OCPRC Planning Pages at htti3s://www.oakRov.com/parks/jzetinvolved/Pages/Plannina.asijx i. OCPRC 5-Year Parks and Recreation Master Plan 2018-2022 ii. OCPRC 2017 Community Needs Assessment Survey iii. Annual Dashboard and Data Book FY2020 145 Recreation Plan Component 2021 Community Needs Assessment Survey ("Survey") Strategic Action Plan 2018-2022 Strategic Action Plan 2023-2027 Park Plans 2023-2027 30-Day Public Comment Complete Rec Plan 2023-2027 Parks Commission Benchmarks Approval of RFP Approval of staff recommendation to award contract Review survey results Review draft report Review of preliminary updates Review of updates based on Survey Staff and Commission work sessions Review of preliminary updates Review of updates based on Survey Staff and Commission work sessions Approval to launch public comment period Staff conducts 30-day public comment Staff incorporates results of public comment into Rec Plan Concept approval of full draft Review of full draft with public comment incorporated Public hearing Final approval and recommendation to BOC Staff submits to BOC for approval Staff submits to DNR for approval Month and Year Oct 2021 Dec 2021 Mar 2022 Nov 2021 Dec 2021 April 2022 April -May 2022 Jan 2022 May 2022 May -Jun 2022 Sept 2022 Oct 2022 Nov 2022 Sept 2022 Dec 2022 Jan 2023 Jan 2023 Jan 2023 Feb 2023 146 Oakland Countv Parks and Recreation Commission Agenda Item Memo Agenda #: 18 Department: Planning & Resource Development From: Melissa Prowse, Supervisor — Planning & Resource Development Subject: Motion — Approval of Waterford Oaks Waterpark Public Engagement Plan INTRODUCTION AND HISTORY Staff and the Commission have been discussing the future of the Waterford Oaks Waterpark for several years. At the April 2021 Parks Commission meeting, a motion was made to receive and file the Fiscal Sustainability Committee's recommendation for Waterford Oaks Waterpark. The motion approved the work needed to ensure a safe 2021 season, and for staff to continue to evaluate and assess the facility, with public input, to determine the future of the facility. The Waterford Oaks Waterpark did not open in 2020 (due to the pandemic) or 2021 (due to staffing shortages). Staff have developed the attached Public Engagement Plan to gather public input over the course of the fall. The Public Engagement Plan contains both online and e-mail-based communication to residents and park visitors to gather feedback digitally. An initial stakeholder list can be found in the Public Engagement Plan. The survey will focus on overall experiences that people are looking for to help guide staff and the Commission to develop a plan that best meets the needs of residents who use this facility, while also developing amenities that are fiscally responsible and operationally sustainable. The visioning survey is scheduled to run from October 15 — November 15. Staff will then analyze the data and bring a report to the Commission in January (see survey timeline in attached Public Engagement Plan). STAFF RECOMMENDATION Staff recommends the Commission approve the Public Engagement Plan for Waterford Oaks Waterpark and direct staff to move forward with the online Visioning Survey. ATTACHMENTS • Waterford Oaks Waterpark Public Engagement Plan • Waterford Oaks Waterpark Visioning Survey MOTION Move to approve the Public Engagement Plan for Waterford Oaks Waterpark and direct staff to move forward with the online Visioning Survey. 147 PUBLIC ENGAGEMENT METHOD — Online Surveys The proposed method is a survey conducted online. The waterpark was closed in 2020 due to COVID-19 restrictions and in 2021 due to unavailability of lifeguard staff; therefore, on -site surveys will not be conducted. The online survey will focus on "what is important to you?" type questions that will help guide decisions moving forward. We will run the online survey for 30 days. PURPOSE The OCPR Fiscal Sustainability Committee recommends consideration of an updated and more sustainable concept for the Waterford Oaks waterpark area that is integrated into the overall vision for Waterford Oaks. The Committee has reviewed multiple alternatives for the future of the Waterford Oaks Waterpark, and the costs and benefits of each. The goal will be to re -imagine the future of Waterford Oaks waterpark guided by public engagement and based on knowledge of existing conditions and the costs associated with correcting issues and/or adding recreational features. The public engagement will focus on future opportunities at the waterpark location, not on what new waterpark features/upgrades people would like to see, as this would be misleading. PROJECT NARRATIVE SUMMARY After 43 years of operation, Waterford Oaks Waterpark's buildings, recreational features, and underground infrastructure have deteriorated with time and are outdated. The quantity of recreational opportunities has declined as features reach the end of their useful lives (as indicated by results of structural inspections) and are removed and not replaced'. Operationally, there has been a consistent difficulty in maintaining enough staff to keep the park open for the entire season. These factors have resulted in significant declines in attendance and revenue. The Oakland County Parks and Recreation Commission is seeking input from the public and waterpark users that will help guide the re -imagination of this area of Waterford Oaks as an up-to-date facility that provides new recreational facilities that meet the needs of Oakland County residents in a fiscally and operationally efficient manner. PRE -SURVEY October 4 — 14, 2021 o Prepare social media and stakeholder outreach October 6, 2021 o Present PEP and Survey tool to Commission SURVEY ■ October 15, 2021 o OCPR website posting of summary, graphics/drawings and link to online survey o Social media announcements with full information and links o Email information and links to Communication List ' Results of the 2021 Facility Condition Assessment are posted online: htti)s://www.oakRov.com/parks/fzetinvolved/Pafzes/Planninfz.asi)x 148 ■ November 1, 2021 o Email reminder to Communication List o Social media reminders ■ November 15, 2021 o Close online survey POST -SURVEY ■ December 15, 2021 o Final report from survey results posted on website ■ January 6, 2022 o Final report reviewed by OCPR Commission ■ January 15, 2023 o Email to Communication List directing them to the report COMMUNICATION LIST • Oakland County Parks and Rec Commission - Shannon Kenny to forward to Commission members with note from staff • Oakland County Board of Commissioners — Melissa to craft e-mail to send to Board staff to circulate to county commissioners — they can forward to their constituents • Waterford Township officials — possibly use Waterford Township social media • WWP Facebook Page • OCPR Waterpark e-mail list subscribers • Media contacts —Oakland County Moms, Oakland Press, Oakland County Times, etc. • Cities, Villages and Township's e-mail contact list 149 6/24/2021 Waterford Oaks Waterpark Visioning Survey Waterford Oaks Waterpark Visioning Survey Thank you for your interest in the future of Waterford Oaks! As you may know, the Waterpark facility at Waterford Oaks has been in need of either improvements, or a potential new vision and purpose for the past 5+ years. Costs to operate the waterpark have outpaced the revenue we are able to generate, and due to the nationwide lifeguard shortage, finding staff has been a challenge. In order to be fiscally responsible while still providing great services to our county residents, we have decided to re -vision the area that is currently Waterford Oaks Waterpark. The goal will be to create a sustainable, family -friendly, unique and engaging outdoor area that Oakland County families can continue to enjoy, while making new memories that will last a lifetime. We greatly value your feedback and thank you for sharing your thoughts with us! In the past 3 years, how often have you visited Waterford Oaks Waterpark? One or two times Three to five times More than 5 times I haven't been to Waterford Oaks Waterpark in the past 3 years https://ocpa rks.survey.fm/wate rford-oaks-waterpa rk-vis ion i ng-survey 1501/6 6/24/2021 Waterford Oaks Waterpark Visioning Survey In the past 3 years have you visited any other areas of Waterford Oaks County Park besides the Waterpark? (Check all that apply) Paradise Peninsula Playground Picnic Shelters or Tents Park Trails Sledding Hill Platform Tennis BMX Track Outdoor Fitness Station Volleyball Courts In the past 3 years, how often have you visited RED OAKS Waterpark in Madison Heights? One or two times Three to five times More than 5 times I haven't been to Red Oaks Waterpark in the past 3 years What are the reasons you visit Waterford Oaks Waterpark? (check all that apply) https://ocparks.survey.fm/waterford-oaks-waterpark-visioning-survey 1512/6 6/24/2021 Waterford Oaks Waterpark Visioning Survey Spend time with family and friends Cook out/picnic Enjoy being outdoors Swim in the wave pool Spend time with little ones in the kids water playground To beat the summer heat I don't visit Waterford Oaks Waterpark Other: Thinking about the potential future of Waterford Oaks, how would you rank the following opportunties/experiences?? Having place to grill/picnic Very Important Important Somewhat Important Not Important Having a water feature for kids 0-5 Very Important Important Somewhat Important Not Important Having a water feature for kids 5-12 Very Important Important Somewhat Important Not Important Having a water feature for kids and adults age 12+ Very Important https://ocparks.survey.fm/waterford-oaks-waterpark-visioning-survey 15�3/6 6/24/2021 Waterford Oaks Waterpark Visioning Survey Important Somewhat Important Not Important Having shady places to gather with friends and family Very Important Important Somewhat Important Not Important Educational and interpretive opportunities Very Important Important Somewhat Important Not Important Picnic tables Very Important Important Somewhat Important Not Important Benches Very Important Important Somewhat Important Not Important Pavilions for rent for larger gatherings Very Important Important Somewhat Important Not Important Having zero -depth water features (no standing water) Very Important Important Somewhat Important Not Important Clean and accessible family restrooms Very Important Important Somewhat Important Not Important https://ocparks.survey.fm/waterford-oaks-waterpark-visioning-survey 1534/6 6/24/2021 Waterford Oaks Waterpark Visioning Survey Drinking fountains Very Important Important Somewhat Important Not Important Spray features or "misters" Very Important Important Somewhat Important Not Important What are your favorite parts of Waterford Oaks Waterpark's Kids Water Playground? (Check all that apply) The big bucket Large tube/tunnel Slides Waterfalls to run under Interactive features (kids can turn water on and off) Swings in the water Play components to climb on Smaller/uncovered toddler slides Lounge chairs around the play area https://ocparks.survey.fm/waterford-oaks-waterpark-visioning-survey 154�/6 6/24/2021 Waterford Oaks Waterpark Visioning Survey When you visit Waterford Oaks (or another waterpark), who is typically in your party? (Check all that apply) Kids 0-3 Kids 4-8 Kids 9-12 Kids 13-17 Adults 18-30 Adults 31-45 Adults 46-62 Seniors 63+ Please enter your home zip code. CONTINUE https://ocparks.survey.fm/waterford-oaks-waterpark-visioning-survey 15k/6 Oakland Countv Parks and Recreation Commission Aqenda Item Memo Agenda #: 19 Department: Park Operations From: Thomas J. Hughes, Chief of Parks Operations — South District Subject: FY 2022 Proposed Golf Cart Purchase - (Glen Oaks, Lyon Oaks, Red Oaks, Springfield Oaks, White Lake Oaks) INTRODUCTION AND HISTORY Oakland County Parks and Recreation (OCPR) has historically purchased and not leased the golf cart fleet at all five golf courses - Glen Oaks, Lyon Oaks, Red Oaks, Springfield Oaks, and White Lake Oaks. The fleet consists of 341 total golf carts, 264 electric carts and 77 gas carts. The golf cart fleet at the OCPR golf courses is a main part of the golf operations and providing a quality, reliable golf cart fleet is important for the user experience as well as being a source of revenue. Golf carts have generated combines annual revenues over $1,000,000 at the five golf courses for the last 4 seasons and with the increase in rates this year, over $1,300,000 in 2021. The golf carts at each course are on a five-year replacement cycle and the carts at Lyon Oaks and Springfield Oaks are now five years old. Golf carts are replaced after five years because the repair costs to keep them operational increase significantly due to the carts no longer being covered under warranty, basic parts start to fail due to normal wear, and batteries need to be replaced. Battery replacement is over $1,000 per cart for the existing cart fleet of electric golf carts. The replacement of the golf cart fleet was originally budgeted to be over 2 years, with 157 carts to be replaced in 2022 (80 for Lyon Oaks and 77 for Springfield Oaks) that were originally purchased in 2017 and the remaining 184 golf carts (80 for Glen Oaks, 31 for Red Oaks and 73 for White Lake Oaks) that were originally purchased in 2018 would be replaced in 2023. OCPR staff worked with Oakland County Purchasing for the bid process for the purchase of the golf carts. Because the carts were budgeted to be replaced over two seasons, a two-year contract was specified as part of the bid to keep the same brand and vendor for all courses. There were two companies that submitted bids for the golf carts, Midwest Golf and Turf in Commerce Twp, MI, which submitted bids for Club Car golf carts and Textron. Inc. of Augusta, GA, which submitted bids for EZGO golf carts. Midwest Golf and Turf was the low bidder for the golf carts with a bid of $250,642.30 in 2022 and $420,218.48 in 2023 for a total of $670,860.78. When reviewing the bids with Purchasing, it was identified that there could be a significant savings if the golf carts were purchased in one year instead of over two years. The total expense for all carts purchased in one year would be $586,059.50, which is a savings of $84,801.28 from the two-year total purchase amount. With 184 of the existing carts being out of warranty for the next season, an additional $15,000 to $20,000 of savings would be anticipated for cart repairs and battery replacements. If all carts were purchased this year, the lower purchase price and savings in repair expenses and labor would save OCPR over $100,000 over the next two years. There is $450,000 budgeted for the purchase of the 157 golf carts in the FY2022 Expendable Equipment Line Item #750154. To fund the purchase of all 341 golf carts in FY2022, the remaining $136,059.50 would be funded from Unrestricted Net Assets. Funding of $450,000 would no longer be needed for golf cart replacement in FY2023. Bid Results Two -Year Purchase 2022 Bidder Midwest Golf and Turf Textron, Inc. Commerce Twp, Michigan Augusta, GA $250,642.30 $425,025.00 (80) Electric Club Car Tempo Golf Carts (80) Electric EZGO RXV Golf Carts (77) Gasoline Club Car Tempo Golf Carts (77) Gasoline EZGO RXV Golf Carts 156 2023 RirAr nr Midwest Golf and Turf Commerce Twp, Michigan $420,218.48 (184) Electric Club Car Tempo Golf Carts One -Year Purchase 2022 Bidder Midwest Golf and Turf Commerce Twp, Michigan $586,059.50 (264) Electric Club Car Tempo Golf Carts (77) Gasoline Club Car Tempo Golf Carts One -Year Purchase Breakdown Textron, Inc. Augusta, GA $696,830.00 (184) Electric EZGO RXV Golf Carts Textron, Inc. Augusta, GA $1,121,855.00 (264) Electric EZGO RXV Golf Carts (77) Gasoline EZGO RXV Golf Carts Facilitv Model # Carts Price Trade in Glen Oaks Club Car 80 Tempo $365,464.00 $224,000.00 Lyon Oaks Club Car 80 Tempo $365,464.00 $224,000.00 Red Oaks Club Car 31 Tempo $141,617.30 $76,750.00 Springfield Club Car 77 Oaks Tempo $374,828.30 $265,650.00 White Lake Club Car 73 Oaks Tempo $333,485.90 $204,400.00 2022 PURCHASE TOTAL 341 $1,580,859.50 $994,800.00 STAFF RECOMMENDATION Total Expense $141,464.00 $141,464.00 $64,867.30 $109,178.30 $129,085.90 $586,059.50 Staff recommends purchasing the entire golf cart fleet (341 golf carts) for all five golf courses in FY2022 from the low bidder Midwest Golf and Turf for the amount $586,059.50. The purchase will be funded by the $450,000 budgeted in FY2022 for golf cart replacement with the remaining amount of $136,059.50 funded from Unrestricted Net Assets. MOTION Move to approve the purchase of the Oakland County Parks and Recreation golf cart fleet of 341 Club Car Tempo golf carts from the low bidder Midwest Golf and Turf of Commerce Twp., MI for the amount $586,059.50, utilizing budgeted funds of $450,000 in the FY2022 Expendable Equipment Line Item #750154 with the remaining amount of $136,059 funded from Unrestricted Net Assets. Move to amend the FY2022 operating budget below: 157 Cost Center ❑eriartment Program Account PUB 5060666 160666 796500 Budgeted Equity Adjustments WLG 5060326 160010 750154 Expendable Equipment GLG 5060327 160010 750154 Expendable Equipment RUG 5060328 160010 750154 Expendable Equipment SPG 5060330 160010 750154 Expendable Equipment LYP 5060356 160010 750154 Expendable Equipment Unrestricted Net Position: Unrestricted Net Position as of August 31, 2021 2022 Golf Cart Purchase Revised Unrestricted Net Position FY2022 FY2022 FY2022 Adorned Budget Amendment Revised Budizet $ 1,926,081 $ (136,059) $ 1,790,022 $ 225,000 $ (95,914) $ 129,086 $ $ 141,464 $ 141,464 $ - $ 64,867 $ 64,867 $ $ 109,178 $ 109,178 $ 225,000 $ (83,536) $ 141,464 $ 2,376,081 $ - $ 2,376,081 $26,159,397 $ (136,059) $ 26,023,338 158 Oakland County Parks and Recreation Commission Aqenda Item Memo Agenda #: 21 Department: Administration From: James Dunleavy, Chief of Park Operations -North District Subject: Motion -To Approve Temporary Liquor License for Drew's Home of Clarkston INTRODUCTION AND HISTORY Staff is very excited to be working Drew's Home of Clarkston. They are planning to hold a Concert at Springfield Oaks County Park on November 6, 2021, from 6 pm to 10 pm. We have recently received a request from Drew's Home of Clarkston to serve Alcohol at their event. Drew's Home of Clarkston is a 501(c) (3) non-profit committed to enhancing a safe, accessible, and comfortable community residence. Located in downtown Clarkston, the residence currently houses nine adult males with wide range disabilities. STAFF RECOMMENDATION Staff recommends the Commission approve the temporary liquor license for Drew's Home of Clarkston to sell alcohol during a concert at Springfield Oaks County Park November 6, 2021. ATTACHMENTS 1. Request letter from Drew's Home of Clarkston. MOTION Move to approve the temporary liquor license for Drew's Home of Clarkston to sell alcohol during a Concert at Springfield Oaks County Park November 6, 2021. 159 9 Ns of Clarkston September 20, 2021 To Whom It May Concern: On behalf of Drew's Home of Clarkston, I am writing to ask permission of the Oakland County Commissioners to sell alcohol at a fundraising event to be held at the Activity Center at Springfield Oaks. Dave Bennett has agreed to perform a concert for an audience of 300 people with dancing included. Pursuant to the Oakland County Parks and Recreation Commission Rules, Drew's Home of Clarkston would like to request permission to sell alcohol on Commission property (Springfield Oaks Activity Center) on November 6, 2021 from 6 pm to 10 pm as part of a fundraising event. Drew's Home of Clarkston is a 501c3 non-profit committed to enhancing a safe, accessible, and comfortable community residence. Located in downtown Clarkston, the residence currently houses nine adult males with a wide range of disabilities. Please visit our website "drewshomeclarkston.org" to see an ongoing visual of rehab activities. I speak for the entire group when I say that we are grateful for the Oakland County parks system for their ongoing support of our community. Sincerely, Donna Clancy, Co -Chair Tax ID # 47-2853625 • 6433 Waldon Rd. • Clarkston, MI 48346 • drewshomeclarkston.org 160 OAKLAND COUNTY PARKS EXECUTIVE OFFICER'S REPORT OCTOBER 6, 2021 • Upcoming OCPR Commission Meeting and OCPRC Executive Committee Meeting Dates: At this point, the next OCPR Commission meeting will be Wednesdav, November 3, 2021 at 1:00 p.m. at the Parks and Recreation Activitv Center, 2800 Watkins Lake Rd, Waterford, MI 48328. The next OCPRC Executive Committee meeting is scheduled on Mondav, October 18, 2021 at 1:00 o.m. This will be a teleconference meeting. • OCPR Upcoming Events: See Attached List • Communications and Marketing: Attached to this report is a Communications and Marketing and Marketing Media Report on Oakland County Parks and Recreation from Desiree Stanfield, Supervisor — Marketing and Communications. • Golf Update: Please see attached Golf Revenue and Starts Comparison for FY2019, FY2020 and FY 2021 thru August 31, 2021. • The National Recreation and Park Association will feature a video the Communications and Marketing Unit created to highlight in its 2021 Annual Report. Four videos were developed featuring staff talking about why they like working for the parks system for "July is Park and Recreation Month". The video will be embedded in the digital version and provide a link in the print version. • Millage Initiatives Update. At the September meeting it was requested for staff to provide an update on how much has been spent to -date on the new millage initiatives. As we are still ramping up most of these initiatives, very little millage funding has been expended to date on the new initiatives. The grant programs have $1.2M budgeted for FY2022, so no funding has been spent yet on those programs. The CISMA has spent approximately $60,000 in 2021 for community treatment projects. The remainder of the funding for CISMA for FY2021 will be rolled into FY2022. The Commission allocated $200,000 in FY2021 for "increased programmatic outreach." In 2022 this funding is proposed to be spent on a new stage and new adaptive recreational equipment. In FY2021 OCPR did expend $18,000 for a new outdoor movie screen and transmitter, allowing staff to put on "Drive -In Movies" which have become very popular. The last millage initiative is the Free Annual Vehicle Permit (AVP) program. This program does not require any expenditures, but rather provides free passes to seniors, military and veterans, and persons with permanent disabilities. More than 7,000 Free AVPs were distributed through this program in FY2021. Land Acquisition Strategy. At the September meeting staff were asked to provide additional information on the park system's land acquisition strategy. The current goal of the park system is to increase parks and recreation land and increase recreational access. The Turtle Woods acquisition will increase access by creating an accessible, well -managed and heavily promoted county park in southeast Oakland County (from a largely unknown school district -owned property that is functioning somewhat as a community preserve but is not officially a park and is not well -utilized). The park system typically has not stepped in to help local communities operate their parks, but in FY2022 will be rolling out two new 161 grant programs that will provide local community support (cash grants) for trails and park development projects across Oakland County. Regarding land acquisition strategy, the following is from OCPR's 5- Year Parks and Recreation Master Plan: Priorities for Acquirinq Propertv and Increasinq Access 1. The property acquisition focus is on areas adjacent to existing parks that would expand natural resources protection, natural resource management, trail connectivity, green infrastructure connectivity, and access to an existing park. 2. Increasing recreational access in more urbanized parts of Oakland County is a priority for OCPR. However, property for acquisition in these areas may be unavailable or unfeasible. Therefore, OCPR is employing innovative methods to increase park and recreation land, including leases, management agreements and conservation easements, and continues to expand recreation partnerships (programmatic) with local communities. 3. The Property Acquisition and Management (PAM) work group oversees property acquisition and management activities and is a collaboration of multiple Oakland county departments: Parks & Recreation, Facilities, and Corporation Counsel. PAM is facilitated by Planning and Resource Development (PRD) staff. 162 Active Adults October 14 Fireside Chat -Historical Presentation -Waterford Oaks Adaptive Recreation October 23 Paralyzed Vets of Michigan Fall Event -Independence Oaks October 24 Disability Dirt Day -Holly Oaks ORV Addison Oaks October 8-9 Boo Bash Weekend October 15-16 Boo Bash Weekend October 21-24 Equestrian Camping Event (in partnership with AOTR) Archery n, Independence Oaks Weds -Fri Open Archery thru October 151h October 9 Archery at Boo Bash -Addison Oaks October 16 Archery at Boo Bash II -Addison Oaks Nature/Intervretive Programs Fieldtrips & Birthday Parties October 2 Deen's 61h Birthday Party — Red Oaks Nature Center October 9 Brownies Fieldtrip — Red Oaks Nature Center October 10 Posey's Birthday Party — Red Oaks Nature Center October 19 Girl Scouts Fieldtrip — Wint Nature Center October 19 Cub Scouts Fieldtrip — Red Oaks Nature Center Homeschool Series October 14 Nature Artists — Red Oaks Nature Center October 19 Nature Artists — Wint Nature Center Outreach October 9 Addison Oaks Campground — Wint Nature Center October 16 Addison Oaks Campground — Wint Nature Center Public Interpretive Programs October 1 Morning Munchkins — Red Oaks Nature Center October 8 Trail Hikes by Appointment — Wint Nature Center October 8 Puddle Jumpers — Wint Nature Center October 9 Trail Hikes by Appointment — Wint Nature Center October 15 Trails Hikes by Appointment — Red Oaks Nature Center October 16 Trails Hikes by Appointment — Red Oaks Nature Center October 22 Cryptid Hike — Wint Nature Center October 23 Leaves of Change — Red Oaks Nature Center October 30 Eye of Newt & Tail of Dog — Wint Nature Center 163 Virtual Series & Self Led October 3 Bug These Plants! — Red Oaks Nature Center Mobile Recreation October 1 Stage: 100th Anniversary Porter's Orchard October 1 Stage: Oak Park P and R BBQ Battle Oak Park Social October 2 Climbing Tower: Ferndale Community Pride October 5 Climbing Tower, Archery, & Jumbo Games: Farmington Hills Hay Day October 8 Stage: American Cancer Society Making Strides Detroit Hart Plaza October 9 Stage: OCPRC - Campground Car Show Groveland ORV October 9 Festival Package: OCPRC - Addison Oaks Event October 9 Stage: Ortonville Downtown Witches Night Out Citizen Newspaper October 9 Bus: Wedding Shuttle Addison Oaks October 15 Carnival Package: Orion Twp. P & R Boo Bash Orion Center October 16 Festival Package: OCPRC - Addison Oaks Event October 22 Stage: American Cancer Society Macomb Oakland Rochester Municipal Park October 27 Bus: Waterford Parks & Rec Meadowbrook Trip October 27 Climbing Tower, Tents, & Stage OC Sheriffs Dept Angel's Fun Fest October 29 Stage: Notre Dame Prep Football Game Oakland Countv Farmer's Market October 10 Arts & Crafts Show October 30 Trick or Treat at the Market Special Events October 2 Pet Vaccination Clinic -Orion Oaks Dog Park October 2 Motor into the Movies -Red Oaks Soccer Complex October 5 Oaks on the Road -Farmington Hills October 6 Free Document Shredding -Red Oaks Waterpark Springfield Oaks October 1-3 Ellis Barn Wedding October 1-3 Activity Center Wedding October 3 Craft Show October 13-17 Camp Scrap October 15-17 Ellis Barn Wedding October 22-24 Activity Center Wedding October 29-30 Activity Center Wedding October Pickle Ball (Mondays & Wednesdays) October Dog Training (Tuesdays) 164 Communications • • Marketing 0MAKLAND OCTOBER REPORT 2021 COUNTY PARKS Great -Parks for Great People The following is an update provided by Desiree Stanfield, Supervisor - Marketing and Communications: f r 0 News Releases • Herons return to Lyon Oaks County Park, Aug. 11 • Oakland Uncorked to highlight region's wines, food, craft beers and culture, Aug. 13 • Sept. calendar of events, Aug. 26 Design Initiatives: • Designed and produced new park kiosk posters to promote fall and winter programming • Designed Fall Nature education schedules for print and online use • Revised flyer for pet vaccination clinics at the parks • Designed new restroom posters for the fall season • Revised flyer for the new season of Fireside Chats education program • Revised emergency shelter map for Springfield Oaks • Printed photos and a poster for the 2021 mParks hall of fame event • Designed a new Trails Info card to replace an outdated trails brochure Advertising: • Designed ads for Michigan Senior Olympics; MetroParent Daily Pulse- Oakland County Farmers Market Garage Sale event; and a camping ad in the 2022 Association of RV Parks and Campground Directory. 9) Primary Facebook Follows I i OCFM Facebook Follows a 4 E-marketing Messages Wrote and distributed 25 e-marketing messages. The topics highlighted items for the nature centers, farmers market and summer Recreation Programs and Services programs. These e-marketing messages were delivered to 176,438 recipients as follows: / • Walk and talk about foraging - 6,124 recipients • Springfield Oaks Golf Course closed on Aug. 12 - 467 • FREE document shredding for Oakland County residents - 7,358 • Oakland Uncorked is back for 2021! - 7,517 • Waterpark updates - 9,288 • Soak up summer on the trails - 8,160 • We're hosting a summer spectacular! - 9,729 • Enjoy yoga during your lunch break - 5,740 • TrailBlazer program heads to Addison Oaks - 6,157 • Buy your Oakland Uncorked tickets today! - 7,665 • Newsbreak - Aug. 20, 2021 - 623 • Free food distribution Wednesday - 8,276 • Join a free, virtual cooking class - 5,586 • Visit Highland Oaks with a naturalist - 6,117 • Homeschoolers: Learn about plants, animals at our nature centers - 7,667 • Don't miss the final Saturday yoga! - 5,856 • Pet vaccinations offered at Waterford Oaks - 6,784 / • We're planning a corn roast - 7,600 • Polish a Petoskey stone - 8,332 It • Register for the Puddle Jumpers program - 9,487 • Free food distribution Wednesday - 8,480 • Register for Morning Munchkins - 8,095 • Join is for a guided hike - 9,632 • We're celebrating grandparents! - 9,714 • Senior Market Day is Sept. 9 - 5,984 / N 7 � � HOLLY OAKS Holly Oaks Facebook Follows 10 rq Twitter Instagram Followers Followers a J 165 Social Media: The past month was all about the summer's grand finale and all the programs that go along with it! From nature center programs, the TrailBlazer Walking Series and farmers market events, it was a busy month on social media. We also kept park patrons up-to-date by explaining the staff shortages at Red Oaks Waterpark and the campgrounds as summer drew to a close. In addition to events and park updates, we recognized national holidays such as National Beach Day, National Dog Day and World Photography Day. Oakland County Parks and Recreation { 9g 25 0 Beat the heat at Gmveland Oaks County Park and Campground's beach! � C. Cool off and relax on Stewart Lake. The beach is open daily from 8 a.m. to 9 p.m. Learn more about Groveland Oaks: htpsJ,biL1y13Dey5o0. Oakland County Farmers Market Oakland County Parks and Recreation "' Acpusl ll 0 After a long hiatus, Great Blue Herons have reWmed to nestat Lyon Oaks County Park! Great Blue Herons have nested intermittently on what is new park property since the early 1900s_ In the late 1980s, there were more than 200 nests located on the property. When Oakland County Parks and Recreation acquired the land in the early 1990s, the rookery had 9 ready been abandoned. which is a natural pattern for heron rookeries. In 2006, DTE Energy provided and installed 11 75-foot cedar utility poles as nesting structures, to encourage Great Blue Herons to once again nest in the park. In 2020 and again in 2021, two nests were active. demonstrating that the structures and location are acceptable to these magnihcenl birds. team more httpsJlbittyf3AEfQpT FIAKLANDUNTY PARKS GrertParka fv, Gnat P-t* 0 0 Enjoy nature fun with your grandchildren C i,dparen[a. r.br,,g.,dkids dheatl 10 Ne retule cerlrerbarmming mature afu tl - G ndparm6 oar camp al Yant frwn loan 12'.Wp.m. S e, pt 12 a[Wnt-center. �r all ahou[colors-n nazure'. Cdtxs Mala ng5 rcbrs Mal keep __ _ _ .clot=M1aza�a=y �onceayear Plen nashcrt M1ils anea ... .. ..:.. . :. .. .:.=-;rib:. e. lint Nature Center r _31 a a 3 -- The Oakland County Farmers Market Facebook page has been focused on spreading the word about the vendors who are at the market and events such as Yoga at the Market, Oakland Uncorked, Gleaners Community Food Bank distribution days and the Gleaners' Cooking Matters program. We also highlighted different vendors throughout National Farmers Market Week, to remind patrons of the hard work that goes into being a business at the farmers market and why farmers markets are an important part of communities. Oakland Caumy Farmers Market '.e August 27, 2021 23SO Pontiac Lake Rd., Walerford MI 49329 Scl Yed try: . R—A&L Q wAT�RFORa f� Oakland County Fanners Market Ed 13 Heathy Oakland Partnership's Senior Market Day is Sept. 91rom S a.m.-1 to _ This fun day will include access to various community resources and everyone age 60 and older will receive a $5 coupon for the purchase of locally -grown protluce- Eligible participants can also receive SenlorlMarket Fresh coupons for the purchase of local produce while supplies last This event is hosted in collaboration with Public Heallh Oakantl. The market is open Tuesdays, Thursdays and Saturdays tom 7 a.m.-1:30 p.m. and is located at 2350 Pontiac Lake Road in Waterford. 166 Holly Oaks ORV Park The Holly Oaks ORV Park Facebook page kept all park patrons updated after the storms we received in August, which created some issues at the park, causing some areas to be closed temporarily. Once they were reopened, posts were published to let park users know. We also had posts on the Michigan Department of Natural Resources Free ORV Weekend. Holly Oaks ORV Park lip August12 Q Last night's strong storms have created some extreme topography at Holly Oaks. The park will be open during our normal hours, but the Bathtub, Sandbox and Holly Glen tracks have been washed and rutted out and will not be open this weekend. Other areas of the park remain open, but may have some extreme terrain such as flooding, unstable surfaces, deep ravines, washouts and gullies. We know some folks love this type of terrain, so we'll see you at the park! In the meantime we are working on ways of building and maintain tracks that are more resilient against future storm events. For tickets, hours, rules and more, check our website: https:ilb i t.lyl2QAofip 7. Advertising SUNSHINE AND FRESH AIR! From kayaking and camping to golfing and fishing, discover adventure at your 14 Oakland County Parks. Individuals ages 62 and older receive discounts on some park activities. Voter approval of the 2020 OCPR Milloge Replacement and Increase allows us to provide a free Annual Vehicle Permit to Oakland County residents ages 62 and older, active military, veterans and persons with permanent disabilities. Visit OaklandCountyParks.com for more information and to view our event calendar. Ad for Michigan Senior Olympics results book, Aug. 18 4 Holly Oaks ORV Park "' August 19 - la Hi, friends! This weekend is the second and final Michigan ❑epartment of Natural Resources Free ORV Weekend of the year! On Aug_ 21 and 22, ORV licenses and trail permits are waived. You'll still need to pay our fee to enter I Oaks ORV Park, but you won't need your t]NR slickers. If you've been wanting to check out the park but don't have the stickers, nows your chance! 't7on't forget your flag!* For tickets, hours, rules and mare, check out our websde: https:41 it.lyf24Aofip7. ` .� MetroParent Pulse ad, promoting the Community Garage Sale at the Farmers market on Sept. 19 167 Print and Digital Media Exposure: Oakland Countv Moms USA Sep 1 6:00 am New Splash Pads & Parks Coming 2021 The Oakland Press Brian lohnston USA Sep 6 11:21 am Gleaners Community Food Bank to provide free food distribution , identification, or proof of eligibility is required. The Oakland County Farmers Market is located at 2350 Pontiac Lake Road in Waterford. The Oakland Press Kathv Blake USA Sep 4 7:00 am Oakland County community calendar Sept. 5 and beyond Paradise Pavilion in Waterford Oaks County Park, 1702 Scott Lake Road, Waterford Twp., hosted by Oakland County Parks and Recreation and All The Oakland Press Paula Pasche USA Sep 3 1:48 pm Oakland County COVID vaccine clinics scheduled including at Arts, Beats and Eats Church (Pontiac), 12-4 p.m. — Thursday, Sept. 9 at Oakland County Farmers Market Senior Market Day (Waterford Township), 8 a.m.- 1 p.m. — WXMI-TV USA Sep 3 9:18 am Michigan has several beaches closed Labor Day weekend for high bacteria levels & Construction activities near dam" Crooked Lake - Independence Oaks County Park - Oakland County Comment: None Big Seven Lake - The Oakland Press Nick Mordowanec USA Sep 3 6:00 am Waterford Oaks hosting pet vaccinations on Sept. 11 vaccinate their dogs or cats at Waterford Oaks County Park on Saturday, Sept. 11.Oakland County Parks and Recreation and All About Animals FOX 2 Detroit News Amber Ainsworth USA Sep 2 2:57 pm These Michigan beaches are closed heading into Labor Day Weekend since July 15 due to high bacteria levels Crooked Lake - Independence Oaks County Park Closed since July 27 due to high bacteria levels Huron Dailv Tribune USA Sep 2 1:38 pm These Michigan beaches are closed, under contamination warnings for Labor Day weekend Seven Lake: Seven Lakes State Park, Oakland • Crooked Lake: Independence Oaks County Park, Oakland • Handsome Lake: Crossroads for Youth, and evaluated by multiple organizations through the Fun, Accessible, Inclusive Recreation (FAIR) Play Coalition, ensuring this project is Spinal Column Spinal Column USA Sep 1 12:01 am Herons return to Lyon Oaks County Park young birds;' Sarah Cook-Maylen, natural resources coordinator for Oakland County Parks and Recreation said. Your email address will not be Radio.com Wwi Newsroom USA Aue 31 7:46 pm Eleven Michigan beaches closed, under Contamination Advisories Labor Day weekend Lake -Crossroads for Youth, Oakland County -Crooked Lake - Independence Oaks County Park, Oakland -Big Seven Lake -Seven Lakes State Park, The Oakland Press Kathv Blake USA Aue 31 2:07 vm Oakland County community calendar Aug. 29 and beyond Individuals can launch their own kayak or non -powered watercraft at Addison Oaks County Park, Independence Oaks County Park and Orion Oaks County Park. Oakland Countv Moms USA Aue 313:00 am Low Cost Pet Vaccination Clinics 2021 ONLY SWIMMING EVENTS Oakland County Parks Low Cost Pet Vaccination Clinics are brought to you by Oakland County Parks and Recreation. Michigan Patch.com Release Desk USA Aue 28 7:15 am Oakland County's Blog: What Nature Is Saying! easily -accessible Independence Oaks County Park. It has flat paved trails, natural surface trails, and miles of well -marked hilly trails. A Visit Detroit Aue 28 10:33 am It's National Dog Day! I VisitDetroit.com Eastern Market Brewing Co. is ready for you and your pup to join them for one ... Orion Oaks Dog Park is a one stop shop for your puppy to play until they ... 168 USA Breakine NewsUSA Aue 28 1:00 am Continue Reading about Oakland County's Blog: What Nature Is Saying! easily -accessible Independence Oaks County Park. It has flat paved trails, natural surface trails, and miles of well -marked hilly trails. A Sherman Publications Matt Mackinder USA Aue_ 27 4:22 vm Melvin Vaara, 88 . After retirement, Mel served with Oakland University, Oakland County Parks and Recreation and as a trustee for Independence Township. 7 Action News This Mornin¢ on TV20 Detroit USA Aug 27 7:54 am oakland county farmers market on My TV20 - Detroit, MI food options. it runs through sunday. all the fun begins today at 4:00 p.m. then the annual oakland county uncorked event is happening this week. guests can experience lot of wine, good fear and craft beer from all over the state. this is happening tonight from 7:00 to 10:00 at the oakland county farmers market. tickets can be purchased at WCRZ-FM USA Au¢ 27 2:26 vm 15 MI Beaches That Are Closed Or Have Contamination Advisories - Closed Wixom Lake - Wixom Water - Closed Crooked Lake - Independence Oaks County Park - Closed Big Seven Lake - Seven Lakes State Park Autoblou Bvron Hurd USA Au¢ 26 7:58 am 2021 Mercedes-AMG G63 Off -Road Review I Forbidden hoot argue? With that in mind, we booked an afternoon of playtime at Holly Oaks ORV Park, whipped out the old dune flag and set about seeing just Yahoo! Autos USA Aue 26 12:00 am 2021 Mercedes-AMG G63 Off -Road Test I Forbidden Hoot holds it back when things get dirty. Byron took the G 63 out to Holly Oaks ORV Park in southeast Michigan in hopes of finding some low - speed Yahoo EntertainmentUSA Aue 25 5:57 vm 2021 Ford Bronco I On Location Editor -in -Chief Greg Mighore heads to Holly Oaks ORV Park in apabilities. Sherman Publications Matt Mackinder USA Aue_ 23 12:02 Dm August Birders Club meeting . The August meeting will also see the club return to Wint Nature Center, located in Independence Oaks, Oakland County's largest park, just The Oakland Press Kathv Blake USA Au¢ 22 6:30 am Oakland County community calendar Aug. 22 and beyond Uncorked is 7-10 p.m. Aug. 27 at the Oakland County Farmers Market. Local distributors pour wine for tasting, food from area restaurateurs, WBCK-FM USA Au¢ 20 4:27 vm Nine MI Beaches That Are Closed Or Have Contamination Advisories Youth - Closed Wixom Lake - Wixom Waters - Closed Crooked Lake - Independence Oaks County Park - Closed Lake St. Clair - St. Clair Shores The Oakland Press Nick Mordowanec USA Au¢ 20 6:15 am Pontiac High to host 30-year high school reunion, mobile food pantry be provided by Michigan State University Extension. The Oakland County Farmers Market will provide fresh produce. Gleaners Community Food All Events Online USA Au¢ 19 9:03 Dm Michigan Taco Fest Food Restaura-2021 2nd Annual Taco Fest, presented by CV Events, will be at Springfield Oaks County Park for summer 2021 — the same great event, just hosted Radio.com Wwi Newsroom USA Ana 19 12:56 om Belle Isle beach closed, deemed unsafe for swimming due to e. coli County Wixom Lake - Wixom Waters, in Midland County Crooked Lake - Independence Oaks County Park, in Oakland County Lake St. Clair - St. Sault Ste. Marie Evenine NewsUSA Aug 19 10:00 am Test off -road trails during Free ORV Weekend the state's six scramble areas, including Black Lake, Bull Gap, Holly Oaks ORV Park, The Mounds Scramble Area, Silver Lake ORV Area and St. Michigan Patch.com Dv_ Ian Siwicki Patch Staff USA Aue 18 3:07 Dm Drive DNR Routes And Trails For Free This Weekend the state's six scramble areas, including Black Lake, Bull Gap, Holly Oaks ORV Park, The Mounds Scramble Area, Silver Lake ORV Area and St. The Oakland Press Kathv Blake USA Aue 18 2:18 Dm Southeast Michigan entertainment calendar Aug. 20 and beyond Uncorked: 7-10 p.m. Aug. 27 at the Oakland County Farmers Market. Local distributors pour wine for tasting, food from area restaurateurs, CDLLife.com Wimberlv Patton USA Aug 18 11:30 am Thief who just helped himself to unlocked big rig was deemed `unable to care for himself' nearly a decade ago 55-year-old Carl Frederick Newnham took the truck from the Oakland County Farmers Market parking lot as its owner was speaking to a client. WTIM-FM USA Ana 18 11:22 am Free ORV Weekend in Michigan the state's six scramble areas, including Black Lake, Bull Gap, Holly Oaks ORV Park, The Mounds Scramble Area, Silver Lake ORV Area and St. 169 Sherman Publications Matt Mackinder USA Aue_ 18 12:35 am Taking in Taco Fest of corn at Taco Fest last weekend, which was held at Springfield Oaks County Park. See more photos from Matt Mackinder in this week's print ABC 12 News USA Au¢ 18 Michigan offering free access to off -road vehicle trails this weekend - ABC12 Free access includes, the Mounds Scramble Area on Mt. Morris Road, Holly Oaks ORV Park in northern Oakland County and four other ORV parks. WXMI-TV USA Aue 17 9:18 vm Free ORV Weekend begins Aug. 21 Bull Gap, St. Helen's Motorsport Area, The Mounds Scramble Area, Holly Oaks ORV Park, and Silver Lake ORV Area. Those seeking additional Radio.com Christina Mc Daniel USA Aue 17 7:37 vm Man charged with stealing produce truck from Oakland County Farmers Market Creek man accused of absconding with a vegetable truck from the Oakland County Farmers Market in Waterford Township. Carl Newnham, 55, was WTRT-TVUSA Aue 17 4:43 vm Michigan offering free access to off -road vehicle trails this weekend includes, the Mounds Scramble Area on Mt. Morris Road, Holly Oaks ORV Park in northern Oakland County and four other ORV parks. Recreation FOX 2 Detroit News Amber Ainsworth USA Aue 17 4:17 vm Man charged after semi -truck stolen during produce delivery at Oakland County Farmers Market he allegedly stole a semi -truck from the parking lot of the Oakland County Farmers Market. Carl Frederick Newnham, 55, is charged with MLive.com USA Aue 1710:40 am Get the toys: It's 2021 s final Free ORV Weekend its six scramble areas: Bull Gap, Black Lake Scramble Area, Holly Oaks ORV Park (additional entrance fee applies), The Mounds, Silver Lake The Marietta Daily Tournal Alex Harrine USA Aue 16 12:01 am Tacos, chihuahuas and tequila: Davisburg's taco festival brings food and culture to Oakland County wanted to taco -'bout at the second annual Taco Fest at Springfield Oaks County Park. It's the second year for the festival after missing The Oakland Press Aileen Wineblad USA Aue_ 15 5:00 am Document shredding offered to residents service, with the shredding events sponsored by Vibe Credit Union, Oakland County Sheriff's Office and Oakland County Parks and Recreation. , IITe\. All Events Online USA Aue 13 11:02 vm Michigan Taco Fest Food-2021 2nd Annual Taco Fest, presented by CV Events, will be at Springfield Oaks County Park for summer 2021 — the same great event, just hosted Hour Detroit Ashlev Winn USA Aue 13 8:03 am Things to Do: Kimmie Horne Jazz Festival, Michigan Taco Fest, More Pepper Eating Contests. $10. Aug. 13-15. Springfield Oaks County Park, 12451 Andersonville Road, Davisburg; michigantacofest.com Michigan The Oakland Press Kathy Blake USA Aue 12 5:14 vm Splash pads and water parks in Oakland County provide a place to cool parks_rec_and_seniors/clintonwood_park.php, 248-625-8223. • Red Oaks Waterpark and children's Splash Pad is open daily through late August, Click On Detroit USA Aue 121:40 vm Get ready to experience Michigan Taco Fest out Michigan Taco Fest. The smell of tacos will fill Springfield Oaks County Park in Davisburg during the festival, which runs from Friday, Yahoo news Henry Pavne USA Ana 12 5:12 am New Frontier: Nissan remakes its midsize pickup for off -road and on - road duty up the Wasatch Saturday -Sunday. Or, if you live in Metro Detroit, Holly Oaks ORV Park might be the hill you conquer. "We wanted to make the The Oakland Press Nick Mordowanec USA Ana 11 4:19 vm Eight county beaches currently closed due to E. coli Lake at the Pontiac Recreation Area, 21 days Crooked Lake at Independence Oaks County Park, 15 days Big Seven Lake at Seven Lakes State The Detroit News Melody Baetens USA Aue 11 6:42 am Ribs and R&B Music Festival returns to Hart Plaza this weekend with Tony! Toni! Tone!, Al B. Sure and more . Downtown Milford. milfordmemories.com . Michigan Taco Fest at Springfield Oaks County Park: Tacos, Mariachi bands, a hot pepper - eating The Detroit News USA Aue 11 5:57 am Michigan Taco Fest expands, to raise funds for food pantry m. Saturday; noon-9 p.m. Sunday Springfield Oaks County Park 12451 Andersonville Road, Davisburg Advance tickets are available online for Michigan Patch.com Nikki Gaskins Patch Staff USA Aue 10 2:50 vm Free Document Shredding Event For Oakland County Residents residents can take advantage of free document shredding on Monday, Aug. 16 at Catalpa Oaks County Park from 9-11 a.m. If you can't make that 170 FOX 2 Detroit News Amber Ainsworth USA Au¢_ 10 11:37 am Things to do this weekend in Southeast Michigan featured? Email me at amber.ainsworth@fox.com. Michigan Taco Fest Springfield Oaks County Park in Davisburg Friday, Aug. 13 from 4-9 p.m. The Oakland Press Kathv Blake USA Au¢ 7 2:18 nm Oakland County community calendar Aug. 8 and beyond In the Park Summer Concert series -Alan Turner (Country): 7 p.m. Aug ... Red Oaks Waterpark and new childrer's Splash Pad is open daily through ... Oakland Countv 115 News Au¢ 6 Rare White Monarch Graces Orion Oaks Park (video) Orion Township, MI - Orion Oaks County Park is rich with fields of wildflowers and milkweed plants, and recently a rare creature was spotted fluttering ... The Oakland Press Stenhen Frve USA Aue 6 4:33 nm Hot days ahead: Relief found at the Red Oaks Waterpark Temperatures will be rising in metro Detroit over the next week, with highs reaching into the 90s. On Friday, families enjoyed the cooling fun at the Red Oaks Waterpark in Madison Heights. 171 Golf Revenues and Starts Comparison for FY2019, FY2020, FY2021 through August 31, 2021 Course Revenue and Starts Percenta ;e Change Glen Oaks 2019 2020 2021 2021 v 2019 2021 v 2020 Carts $176,020 $153,419 $247,824 41% 62% Greens Fees $504,159 $392,869 $663,685 32% 69% Revenue Total $680,179 $546,288 $911,509 34% 67% Total Starts 28,068 23,540 33,475 19% 42% League Starts 11,054 7,529 11,109 0% 48% SMAV Starts 5,849 7,577 6,043 3% -20% % SMAV 21% 32% 18% -13% -44% Lyon Oaks 2019 2020 2021 2021 v 2019 2021 v 2020 Greens Fees $886,228 $828,494 $1,179,468 33% 42% Revenue Total $886,228 $828,494 $1,179,468 33% 42% Total Starts 22,180 20,669 27,841 26% 35% League Starts 4,990 4,738 5,840 17% 23% SMAV Starts 3,956 4,738 5,517 39% 16% % SMAV 18% 23% 20% 11% -14% Red Oaks 2019 2020 2021 2021 v 2019 2021 v 2020 Carts $90,416 $76,910 $125,032 38% 63% Greens Fees $217,566 $187,475 $268,007 23% 43% Revenue Total $307,982 $264,385 $393,039 28% 49% Total Starts 17,007 14,299 19,645 16% 37% League Starts 3,790 1,975 3,476 -8% 76% SMAV Starts 2,990 2,541 2,903 -3% 14% % SMAV 18% 18% 15% -16% -17% Springfield 2019 2020 2021 2021 v 2019 2021 v 2020 Carts $197,341 $184,525 $243,794 24% 32% Greens Fees $504,350 $354,111 $529,410 5% 50% Revenue Total $701,690 $538,636 $773,204 10% 44% Total Starts 25,928 19,411 25,674 -1% 32% League Starts 10,189 6,741 9,804 -4% 45% SMAV Starts 5,615 5,101 5,825 4% 14% % SMAV 22% 26% 23% 5% -14% White Lake 2019 2020 2021 2021 v 2019 2021 v 2020 Carts $222,772 $164,943 $277,056 24% 68% Greens Fees $436,925 $356,704 $527,784 21% 48% Revenue Total $659,697 $521,647 $804,840 22% 54% Total Starts 28,776 22,949 31,321 9% 36% League Starts 10,985 6,743 10,188 -7% 51% SMAV Starts 7,273 7,684 8,195 13% 7% % SMAV 25% 33% 26% 4% -22% 172 Combined Course Information through August 31 Percenta ,e Change Tota 1 2019 2020 2021 2021 v 2019 2021 v 2020 Carts $686,548 $579,796 $893,706 30% 54% Greens Fees $2,549,227 $2,119,653 $3,168,354 24% 49% Revenue Total $3,235,775 $2,699,449 $4,062,059 26% 50% Total Starts 121,959 100,868 137,956 13% 37% League Starts 41,008 27,726 40,417 -1% 46% SMAV Starts 25,683 27,641 28,483 11% 3% % SMAV 21% 27% 21% -2% -25% 173 Golf Revenues and Starts Comparison for FY2019, FY2020, FY2021 through 9/30 Course Revenue and Starts Percentage Change Glen Oaks 2019 2020 2021 2021 v 2019 2021 v 2020 Carts $204,147 $190,457 $290,673 42% 53% Greens Fees $573,568 $460,071 $757,705 32% 65% Revenue Total $777,715 $650,528 $1,048,378 35% 61% Total Starts 31,748 29,617 37,300 17% 26% League Starts 11,926 8,555 11,441 -4% 34% SMAV Starts 7,051 9,249 9,422 34% 2% % SMAV 22% 31% 25% 3% -6% Lvon Oaks 2019 2020 2021 2021 v 2019 2021 v 2020 Greens Fees $1,013,873 $951,865 $1,331,601 31% 40% Driving Range $99,293 $93,266 $137,028 38% 47% Revenue Total $1,113,166 $1,045,131 $1,468,629 32% 41% Total Starts 25,347 25,143 30,971 22% 23% League Starts 5,347 3,731 6,096 14% 63% SMAV Starts 5,335 6,294 6,472 21% 3% % SMAV 21% 25% 21% 0% -4% Red Oaks 2019 2020 2021 2021 v 2019 2021 v 2020 Carts $103,161 $93,536 $143,805 39% 54% Greens Fees $240,937 $217,743 $306,046 27% 41% Revenue Total $344,098 $311,279 $449,851 31% 45% Total Starts 19,078 17,053 22,422 18% 31% League Starts 3,790 2,071 3,576 -6% 73% SMAV Starts 3,657 3,459 4,589 25% 33% % SMAV 19% 20% 20% 1% 0% SDrinefield 2019 2020 2021 2021 v 2019 2021 v 2020 Carts $229,351 $203,021 $273,832 19% 35% Greens Fees $477,477 $435,913 $590,509 24% 35% Revenue Total $706,828 $638,934 $864,341 22% 35% Total Starts 28,796 25,358 28,027 -3% 11% League Starts 10,169 8,078 10,008 -2% 24% SMAV Starts 7,024 6,926 6,849 -2% -1% % SMAV 24% 27% 24% 0% -3% White Lake 2019 2020 2021 2021 v 2019 2021 v 2020 Carts $255,592 $198,547 $320,896 26% 62% Greens Fees $492,879 $417,432 $598,462 21% 43% Revenue Total $748,471 $615,979 $919,358 23% 49% Total Starts 32,111 27,471 35,068 9% 28% League Starts 11,241 7,630 10,448 -7% 37% SMAV Starts 8,852 9,213 9,724 10% 6% % SMAV 28% 34% 28% 0% -6% Combined Course Information through September 30 Percentage Change Total 2019 2020 2021 2021 v 2019 2021 v 2020 Carts $792,251 $685,561 $1,029,206 30% 50% Greens Fees $2,798,734 $2,483,023 $3,584,323 28% 44% Revenue Total $3,690,278 $3,261,850 $4,750,556 29% 46% Total Starts 137,080 124,642 153,788 12% 23% League Starts 42,473 30,065 41,569 -2% 38% SMAV Starts 31,919 35,141 37,056 16% 5% % SMAV 23% 28% 24% 1% -4% 174