Request For Proposals To Purchase Real Property · 2018. 6. 12. · REAL ESTATE SERVICES AND CONSULTING 1785 West Stadium, Suite 202 Ann Arbor, MI 48103 _____ Phone (734) 996-9979

Request For Proposals To Purchase

Real Property

10 +/- Acres

Bogie Lake Road

White Lake Township, Michigan Huron Valley Schools

GREAT NORTHERN CONSULTING GROUP REAL ESTATE SERVICES AND CONSULTING

1785 West Stadium, Suite 202 Ann Arbor, MI 48103

__________________

Phone (734) 996-9979 Mobile (586) 703-9882 [email protected]

Table of Contents

I. Introduction – Proposal Process DescriptionII. Fact Sheet/Community InformationIII. Location/Site MapsIV. Zoning V. Survey/Wetlands/Concept PlanVI. Legal Documents

The information contained in this Request For Proposals To Purchase Real Property is provided as an accommodation to the prospective purchasers. It is believed to be correct, but no representations or warranties as to its accuracy should be inferred or are made. Each party responding to this Request For Proposals should independently confirm the accuracy of the information contained herein.

I. Introduction – Proposal Process Description


GREAT NORTHERN CONSULTING GROUP

REAL ESTATE SERVICES AND CONSULTING

1785 West Stadium, Suite 202 Ann Arbor, MI 48103

__________________

Phone (734) 996-9979 Mobile (586) 703-9882

Facsimile (734) 994-5709 June 5, 2018

To: Prospective Purchasers

From: Great Northern Consulting Group

Re: Request For Proposals To Purchase 10 +/- acres located on the West side of Bogie Lake Road and South of Cedar Island Road, White Lake Township, Michigan

Thank you for your interest in submitting a Proposal to purchase the above-referenced vacant real property owned by Huron Valley Schools (the “School District”). The subject vacant property is a 10 +/- acre site located South of Cedar Island Road on the West side of Bogie Lake Road (See Survey Section V for further details) (the “Property” or the “Site”). The Site lies between two traditional single family subdivisions. The Property is currently zoned R-1C single family residential. The R-1C zoning allows single family residential lots with a minimum of 100 feet of frontage and a minimum of 16,000 square feet of lot area. Under the R-1C zoning, the Property will accommodate approximately 18 to 19 lots. The Site is serviced by Municipal Sanitary Sewer, but lots must be serviced by either individual or community well systems.

Further, the Township also has a Cluster and Open Space Ordinance which allows for flexibility in lot size and layout and grants potential density increases if certain conditions are met by the successful purchaser. The Ordinance is included in the Zoning Section IV of this RFP. The School District desires the development to be family friendly and requires all Proposals to include a concept plan proposed for the Site, a description of the project proposed for the Property and elevations of the homes planned for the project Site. We have also included a traditional parallel plan in this RFP (See Concept Plan under Section V for further details).

The School District has received a Preliminary Wetlands Review by ASTI on the 10.0 +/- acre Site. The letter provided by ASTI indicates there are no wetlands on the 10 +/- acre Site. We have included the ASTI letter in the Survey Section V of this RFP. Prospective Purchasers should get a final wetland determination from the Michigan Department of Environmental Quality (“MDEQ”) during the due diligence period provided in the form of Offer (see Legal Documents Section VI for further details).

Great Northern Consulting Group is marketing this Property for Huron Valley Schools on a fee basis as consultants. The School District is seeking Proposals to purchase the Property that must be submitted to Scott Lindberg,

Executive Director of Human Resources, Huron Valley Schools, 2390 South Milford Road, Highland Township, Michigan 48357 on or before 3:00 P.M. Local Time on July 17, 2018. No phone, fax or electronic transmission Proposals will be accepted. If mailed, no responsibility is assumed for postal delays.

NOTWITHSTANDING THE FOREGOING, THE SCHOOL DISTRICT RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL PROPOSALS IN WHOLE OR IN PART. THE SCHOOL DISTRICT ALSO RESERVES THE RIGHT TO WAIVE ANY IRREGULARITIES CONTAINED IN ANY PROPOSAL OR REQUIREMENTS OF THIS REQUEST FOR PROPOSALS.

The attached package includes the following information: (I) Introduction – Proposal Process Description; (II) Fact Sheet/Community Information; (III) Location/Site Maps; (IV) Zoning (V) Survey/Wetlands/Concept Plan; and (VI) Legal Documents.

The School District requires that all Proposals include a signed Proposal Form as set forth in Section VI of this RFP, along with a concept plan, a detailed description of the proposed concept plan/home elevations for Site. Please note that the legal documents represent the form of agreement acceptable to the School District. Proposals that include modified terms more favorable to the purchaser (and, hence, less favorable to the School District) may be rejected on that basis. Of course, modifications that are favorable to the School District would be preferred and may enhance a potential purchaser’s position in the selection process. An earnest money deposit of $25,000 will be required within three (3) business days of acceptance of the Offer by the School District.

While Huron Valley Schools reserves the right to accept or reject any and all Proposals, in whole or in part, a number of finalists may be selected and asked to provide additional information, including financial qualifications and more detailed concepts plans for the development of the Property. The additional information will facilitate the final selection of the successful purchaser(s). Further, the additional information will allow the School District to select a purchaser financially able to perform on the contract and proceed with a development perceived to be positive for the School District as well as the community at large. It is important to note that the highest price may not necessarily represent the Proposal that the School District determines in its sole discretion to be, in its totality, in the best interest of the School District.

The finalists will be notified shortly after the deadline for submission of its Proposal. Huron Valley Schools may request the finalists to make revisions to their Proposals that the School District deems necessary to select a successful purchaser(s). This is a Request For Proposals only. Proposals will be treated as offers to enter into the Offer To Purchase Real Estate included in Section VI of this RFP. Once a Proposal is accepted by the School District it shall be known hereinafter as the “Offer.”

Upon final acceptance of Offer(s) there will be a 90 day period for physical due diligence (“Inspection Period”). There will then be an additional 90 days for government approvals, however the $25,000 earnest money deposit shall become nonrefundable after the initial 90 day Inspection Period. Many standard contingencies are included so that the purchaser may satisfy itself as to the Property’s suitability for development during the 90-day Inspection Period. Closing is anticipated to occur within 10 days after the expiration of the Inspection Period, or if extended, the Extension Period.

Please note that we are making no representations regarding the suitability of this Property for any particular purpose. It is the purchaser’s sole responsibility to determine suitability during the Inspection Period. Within the

constraints of this limitation, please address all questions regarding this Property to Great Northern Consulting Group.

Great Northern Consulting Group is representing Huron Valley Schools as a fee based consultant in this matter. As a result, there is no real estate commission to be paid. Brokers must look to their purchaser for compensation.

Please note again that all Proposals, including a signed Proposal Form on the form provided an Affidavit of Compliance-Iran Economic Sanctions Act and Familial Relationship Disclosure Form must be submitted to Scott Lindberg, Executive Director of Human Resources, Huron Valley Schools, 2390 South Milford Road, Highland Township, Michigan 48357 on or before 3:00 P.M. Local Time on July 17, 2018. Any proposed changes/modifications to the form of Offer To Purchase provided in this package under Section VI MUST be specifically enumerated and be submitted as part of its Proposal, together with an explanation as to the reason such terms and conditions of the RFP or form of Offer To Purchase cannot be met. No phone, fax or electronic transmission Proposals will be accepted. If mailed, no responsibility is assumed for postal delays.

Thank you again for your interest in this Property. We are looking forward to receiving your Proposal.

Respectfully,

Great Northern Consulting Group

William W. Bowman, IV

President

II. Fact Sheet/Community Information


HURON VALLEY SCHOOLS

RFP Fact SheetPROPERTY ID: 12-33-100-008

LOCATION: SOUTH OF CEDAR ISLAND ROAD ON THE WEST SIDE OF BOGIE LAKE ROAD

MUNICIPALITY: WHITE LAKE TOWNSHIP, OAKLAND COUNTY, MICHIGAN

SIZE: 10 +/- ACRES

UTILITIES: MUNICIPAL SANITARY IS AVAILABLE, WATER MUST BE PROVIDED BY INDIVIDUAL WELLS OR COMMUNITY WELL SYSTEM.

ZONING: R-1C SINGLE FAMILY RESIDENTIAL

PRICE: NO MINIMUM PRICE HAS BEEN SET

TERMS: CASH NO SELLER FINANCING AVAILABLE

RIGHTS OF OWNER: HURON VALLEY SCHOOLS RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL PROPOSALS, IN WHOLE OR IN PART. THE SCHOOL DISTRICT ALSO RESERVES THE RIGHT TO WAIVE ANY IRREGULARITIES CONTAINED IN ANY PROPOSAL OR REQUIREMENTS OF THIS REQUEST FOR PROPOSALS.

ALL PROPOSALS, INCLUDING A SIGNED PROPOSAL FORM, ON THE FORM PROVIDED, AN AFFIDAVIT OF COMPLIANCE- IRAN ECONOMIC SANCTIONS ACT AND FAMILIAL RELATIONSHIP DISCLOSURE FORM MUST BE SUBMITTED TO SCOTT LINDBERG, EXECUTIVE DIRECTOR OF HUMAN RESOURCES, HURON VALLEY SCHOOLS, 2390 SOUTH MILFORD ROAD, HIGHLAND, MICHIGAN 48357, ON OR BEFORE 3:00 P.M. LOCAL TIME ON JULY 17, 2018. NO PHONE, FAX OR ELECTRONIC TRANSMISSION OFFERS WILL BE ACCEPTED. IF MAILED, NO RESPONSIBILITY IS ASSUMED FOR POSTAL DELAYS.

COMMISSION: NO REAL ESTATE COMMISSION TO BE PAID BY HURON VALLEY SCHOOLS. GREAT NORTHERN CONSULTING GROUP IS A FEE-BASED ADVISOR TO THE SCHOOL BOARD. BROKERS MUST LOOK TO PURCHASER FOR COMPENSATION.

White Lake Township

Elected Officials Contacts

Supervisor: Rik Kowall Clerk: Terry LilleyE-mail: [email protected] E-mail: [email protected] Phone: (248) 698-3300 x6 Phone: (248) 698-3300 x110

Treasurer: Mike RomanE-mail: [email protected]: (248) 698-3300

Board of Trustees

Trustee: Andrea C. Voorheis Trustee:Liz Fessler SmithE-mail: [email protected] E-mail: [email protected]: (248) 698-3300 Phone: (248) 698-3300

Trustee:Michael Powell Trustee:Scott RugglesE-mail: [email protected] E-mail: [email protected]: (248) 408-6708 Phone: (248) 881-3673

Department Phone Directory

Assessor (248) 698-3300 x3Jeanine Smith, Assessor

Building Department (248) 698-3300 x2Brent Bonnivier, Official

Fire Department (248) 698-3335Andrew Gurka, Chief

Ordinance (248) 698-3300 x138Jason Hudson

Planning (248) 698-3300 x2Sean O'Neil AICP, Director

Police Department (248) 698-4400

mailto:[email protected]







mailto:Jeanine%2520Smith



Water (248) 698-3300 x8

Tax Information

Homestead Non-Homestead Summer 2017: 22.8289 41.4034 Winter 2017: 10.2658 10.2658 Total 2017: 33.0947 51.6692 Source: White Lake Township Treasurer

III. Location/Site maps


Location

k

WALNUT RIDGE SUB

WEXFORD MANOR SUB

12-33-100-008

12-33-100-005

12-33-100-006

12-3

3-10

0-00

9

12-33-376-024

12-33-376-02712-33-376-028

12-33-252-014

12-33-326-025

12-33-326-020

12-33-252-009

12-3

3-37

6-02

2

12-33-326-024

12-3

3-32

6-02

312-33-376-026

12-3

3-37

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3

12-33-326-010

12-33-251-025

12-33-326-009

12-33-376-031 12-3

3-326-0

1712-33-376-030

12-3

3-37

6-02

0

12-33-376-025

12-3

3-37

6-02

1

12-33-376-029

12-33-176-014

12-33-176-015

12-3

3-32

6-01

312-33-326-021

12-33-252-013

12-33-326-016

12-33-403-018

12-33-252-011

12-33-326-022

12-33-202-029

12-33-326-011

12-33-176-011

12-33-251-030

12-3

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12-33-202-030

12-33-176-016

12-33-176-013

12-33-176-017

12-33-176-018

12-33-176-003

12-33-176-004

12-33-176-005

12-33-176-002

12-33-176-006

12-33-176-007

12-33-176-008

12-33-376-019

12-3

3-30

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12-33-326-008

Bo

gie

La

ke

Rd

White Lake

N Mistwood Dr

Ridgefield Ct

bogie lake

Oakland County One Stop Shop 2100 Pontiac Lake Road Bldg. 41 West Waterford, MI 48328 Phone: 248-858-0721 Web: www.advantageoakland.com

Date Created: 10/16/2017

N1 inch = 200 feet

L. Brooks PattersonOakland County Executive

2 Foot Contours

5 Foot Contours

FEMA Base Flood Elevations

FEMA Cross Sections

100 yr - FEMA Floodplain

100 yr (detailed) - FEMA Floodplain

500 yr - FEMA Floodplain

FLOODWAY - FEMA Floodplain

Disclaimer: The information provided herewith has been compiled from recordeddeeds, plats, tax maps, surveys and other public records. It is not a legally recordedmap or survey and is not intended to be used as one. Users should consult theinformation sources mentioned above when questions arise. FEMA Flooplain data maynot always be present on the map.

IV. Zoning


CROSBY LAKE RD

WHITE LAKE RD

ORMOND RD

ORMON D R D

JACKSON BLVD

MCKEACH IE R D

E AGL E RD

GRASS LAKE RD

HILL RD

P OR TE R R D

P OR TE R R D

HITCHCOCK RD

PONTIAC LAKE RD

TEGGERD IN E R D

C ROS S R D

HIGHLAND RD

GALE RD

PONTIAC LAKESTATE

RECREATIONAREA

HURON-CLINTON"INDIAN SPRINGS"

METRO PARK

WHITE LAKEOAKS

COUNTY PARK

HIGHLANDSTATE

RECREATION AREA

HAVEN HILLLAKE

TEEPLELAKE

LAKEONA

BOGIELAKE SUGDEN

LAKE

BEATYLAKE

LAKEJASON

PITCHHAVENLAKE ROUND

LAKE

COOLEYLAKE

MANDONLAKE

CEDAR ISLANDLAKE

OXBOWLAKE

TULLLAKE

PONTIACLAKE

CRANBERRYLAKE

MEADLAKE

MCWITHYLAKE

STINSONLAKE

WHITELAKE

GRASSLAKE

FAIRLAKE

ROBINSONLAKE

CROSBYLAKE

WHITE LAKE RD

PONTIAC LAKE RD

ELIZABETH LAKE RD

TEEPLELAKE RD

FORD RD

FORD RD

COOLEY LAKE RD COOLEY LAKE RDOXBOW

LAKE RD

BOGIE LAKE RD

BOGIE LAKE RD

CEDAR ISLAND RD UNION LAKE RD

HALEY RD

MACEDAY RD

CEDAR ISLAND RD

FISK RD

HUTCHINS

ROUND L AK E RDFARNSW

ORT H

ELLINWOOD

MEAD LN

MAPLE

HEIGHTS

SUNNYBEACH

HILLTOP

MAY FA IR

LAKELANE

HAYMARKET

GLASGOW

S UGDE N

SUGDEN

PINECREST

HAVEN HILL

TEGG

ERDI

NE R

D

BRENDEL LAKE

LAKENEVA

ELIZABETH LAKE RD

TOWN CTR BLVD

")59 ")59

ZONING MAPWHITE LAKE TOWNSHIPOAKLAND COUNTY, MICHIGANWHITE LAKE TOWNSHIP PLANNING COMMISSION

±Adopted: April 15, 2003Effective: June 6, 2003Updated: October 20, 2009 (Adoption date) November 11, 2009 (Effective date)

AG AGRICULTURAL

SF SUBURBAN FARM

R1-A SINGLE FAMILY RESIDENTIAL

R1-B SINGLE FAMILY RESIDENTIAL

R1-C SINGLE FAMILY RESIDENTIAL

R1-D SINGLE FAMILY RESIDENTIAL

RM-1 ATTACHED SINGLE FAMILY RESIDENTIAL

RM-2 MULTIPLE FAMILY RESIDENTIAL

MHP MOBILE HOME PARK

LB LOCAL BUSINESS

GB GENERAL BUSINESS

NB-O NEIGHBORHOOD OFFICE

RB RESTRICTED BUSINESS

PB PLANNED BUSINESS

ROS RECREATION & OPEN SPACE

LM LIGHT MANUFACTURING

PD PLANNED DEVELOPMENT

ROP RESEARCH OFFICE PARK

WELLHEAD PROTECTION OVERLAY

Base Map Source: Oakland County GIS

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White Lake Township Zoning Ordinance clearzoning® i

R1-C Single Family Residential District 3.1.5

A. INTENT

The Single-Family Residential Districts are established as districts in which the principal use of land is for single family dwellings, located in neighborhoods that include open space and that preserve sensitive natural environmental features.

User Note: For uses listed in bold blue, refer to Article 4, or click on use, for use-specific standards

B. PERMITTED PRINCIPAL USES

i. Adult foster care family home ii. Single-family detached dwellings iii. Outdoor recreation uses, other public and

private parks and similar outdoor recreation uses not listed in §4.38

iv. Home occupation v. Family day care homes

C. SPECIAL LAND USES

i. Cluster housing option §4.13 ii. Government (Township only) offices,

buildings and uses without service or storage yards §4.21

iii. Local utility structures, stations and substations §4.29

iv. Places of worship §4.15 v. Public and private schools §4.43 vi. Utility transmission systems §4.47 vii. Wireless communication antennas §4.51

i. Accessory buildings, structures and uses, customarily incidental to any of the above principal uses §5.7

ii. Off-street parking §5.11 iii. Private swimming pools§5.10 iv. Signs §5.9 v. Temporary buildings §7.20

D. ACCESSORY USES

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E. DEVELOPMENT STANDARDS

Lot Size Minimum lot area: 16,000 square feet Minimum lot width: 100 feet Maximum Lot Coverage 20% Setbacks Minimum front yard setback: 35 feet Minimum rear yard setback: 35 feet Minimum side yard setback: 10 feet one side 20 feet total of two sides Building Height Maximum building height: 30 feet or 2 stories, whichever is less

Floor Area Minimum floor area per one-family dwelling: 1 story 1,200 square feet 1 1/2 and 2 stories 800 square feet NOTES �� For additions to the above requirements, please refer

to §3.11 Notes to District Standards: A, D, F, J, K, L, P, Q, R, S, T, V, W

3. Zoning Districts � Open Space Option §3.9 4. Use Standards 5. Site Standards ��Landscape and Screening §5.19 ��Off-Street Parking §5.11 ��Performance Standards §5.18

SELECTED REFERENCES

��Visibility §5.6 ��Fences §5.12 ��Private Access Drive §5.16 ��Pathway Standards §5.20 ��Sidewalk Standards §5.21 ��Pathway and Sidewalk

Maintenance §5.22

6. Development Procedures ��Condominium §6.1 ��Special Land Uses §6.10 §6.11 ��Traffic Impact §6.3 ��Access Management §6.4 ��Site Plan Review §6.8 ��Sewer/Water §6.9 ��Community Impact §6.6 Other Ordinances Subdivision Regulations Land Division Ordinance Engineering Design Stnds. Ordinance

The above drawings are not to scale.

30’ or

2 stories whichever

is less

How do I calculate height?

©clearzoning

R1-C Single Family Residential District 3.1.5

35’ Min.

35’ Min.

10’ Min.

10’ Min.

100’ Min.

R/W

Building Envelope

©clearzoning

C L

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3.2 MAP

The boundaries of the Districts enumerated in Section 3.1 are shown upon the map attached hereto and made a part of this Ordinance, which map is designated as the Zoning Map of the Township of White Lake. The Zoning Map attached hereto and on file in the Township Hall of the Township of White Lake, and all notations, references and other information shown thereon are made a part of this ordinance and have the same force and effect as if said Zoning Map and all such notations, references and other information shown thereon were fully set forth or described herein. Except where references on said Map to a street or other designated line by the dimensions shown on said Map, the district boundary lines follow lot lines or the center lines of the streets or alleys or such lines extended and the corporate limits of the Township of White Lake, as they existed at the time of the adoption of this ordinance. Where a district boundary line, as established in this section or as shown on the Zoning Map, divides a lot which was in a single ownership and of record at the time of enactment of this Ordinance, the use authorized thereon, and the other district requirements applying to the least restricted portion of such lot under this Ordinance, shall be considered as extending to the entire lot, provided that the more restricted portion of such lot is entirely within twenty-five (25) feet of said dividing district boundary line. The use so extended shall be deemed to be conforming. Questions concerning the exact location of district boundary lines shall be determined by the Zoning Board of Appeals, according to the rules and regulations which may be adopted by it.

3.3 UNLAWFUL STRUCTURE

In case any structure or part thereof is used, erected, altered or occupied contrary to law or the provisions of this Ordinance, such structure shall be deemed an unlawful structure and a nuisance and may be required to be vacated, torn down or abated by any legal means and shall not be used or occupied until it has been

made to conform to the provisions of this Ordinance.

3.4 CLASSIFICATION OF MOVED STRUCTURES

Any structure moved within a district and placed upon a foundation or any structure moved into a district from without shall be considered a new structure and be subject to all the limitations and requirements herein set forth relating to uses, construction, permits, certificates and the Township Building Code.

3.5 STREETS RIGHTS-OF-WAY AS DISTRICT BOUNDARIES

All street and right-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such street or rights-of-way. Where the center line of a street serves as district boundary, the zoning of such street, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.

3.6 DWELLING IN NONRESIDENTIAL DISTRICTS

No dwelling unit or units shall hereafter be erected in NB-O, LB, RB, GB, PB, PD, ROS, LM, E, or ROP zoned districts. However, a dwelling unit for a watchman or a caretaker or manager may be permitted in said districts in conformance with the specific requirements of the particular district.

3.7 DWELLING IN OTHER THAN MAIN STRUCTURE

No dwelling units shall be erected in other than main structure except in the NB-O, LB, GB, PB, PD, ROS, or ROP zones where watchman or caretaker quarters may be permitted.

3.8 VOTING PLACE

The Provisions of this Ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with Township, school or other public election.

ZONING DISTRICTS NOTES

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3.9 OPEN SPACE PRESERVATION OPTION

A. Intent. The intent of the Open Space Preservation Option is to encourage the long-term preservation of open space and natural features and the provision of recreation and open space areas in accordance with Section 506 of P.A. 110 of 2006, as amended, known as the Michigan Zoning Enabling Act .

B. Eligibility Requirements i. In areas that are served by municipal

sewers, eligible properties shall be zoned for three (3) or fewer dwelling units per acre (AG, SF, R1-A, R1-B, and R1-C). In areas that are not served by municipal sewers, eligible properties shall be zoned for two (2) or fewer dwelling units per acre (AG, SF, and R1-A).

ii. The Cluster Housing Option in Section 4.13 of this Ordinance also permits alternatives in the design and layout of developments in districts that permit single-family residential uses. Properties that do not meet the eligibility requirements of this section or property owners that prefer an alternative to development not provided for in this section should consider the Cluster Housing Option.

C. Density i. Land meeting the above eligibility

requirements may be developed with the same number of dwelling units on a portion of the site, but not more than 50%, that could otherwise be developed under existing ordinances, laws, and rules on the entire land area, as determined by the approving body.

ii. All calculations of density shall be based upon the maximum number of dwelling units that could be developed under conventional development standards. To establish the maximum number of units, the applicant shall be required to submit a parallel plan (preliminary design plan). A parallel plan shall identify how a parcel could be developed, including all roads and other infrastructure improvements, under the conventional development standards of the Township. All unbuildable areas and areas with

limitations to development must be accurately identified on the parallel plan including but not limited to wetlands, watercourses, drains, floodplains, steep slopes, habitat areas, woodlands and similar features. The approving body shall make the determination that a parallel plan is acceptable once it meets all applicable Township ordinance requirements and, based on the plan, determine the number of dwelling units that would be permitted under the Open Space Preservation Option. A separate review fee for the parallel plan shall be submitted with the application.

D. Design requirements i. A minimum of fifty (50%) percent of

the gross site area shall be preserved as permanent open space in an undeveloped state.

ii. Permanent open space shall include important natural, environmental, agricultural, and/or cultural features, such as: a. steep slopes, b. wetlands, floodplains, natural

watercourses, c. woodlands, d. scenic views, e. agricultural or equestrian

components, f. historical structures, g. recreational pathways and

facilities, h. buffers from major thoroughfares

and more intensive land uses, and i. similar features acceptable to the

approving body. iii. Under the Open Space Preservation

Option, minimum lot size and width shall be according to the following table, unless the approving body determines that a smaller minimum lot size shall be necessary to comply with the requirements of Section 506 of P.A. 110 of 2006, as amended, known as the Michigan Zoning Enabling Act. In such cases the approving body may modify lot area and lot width requirements so as to assist in the



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creation of open space if the Applicant can demonstrate approval of reduced lot area and width from the Oakland County Health Department. In those instances where lot sizes are reduced in accordance with the Open Space P r e s e r v a t i o n O p t i o n , y a r d requirements for a given lot shall be governed by that zoning district which has minimum lot area and width standards that correspond to the dimensions of the typical lot within the development.

* In areas without sanitary sewers, minimum lot area is subject to approval of on-site sewage disposal by the Oakland County Health Department.

iv. Where the open space is agricultural land, the open space dedication and maintenance agreement shall include limitations on physical access to the open space for non-agricultural purposes and provisions for adequate, unrestricted agricultural, farming, implement or other access necessary for agricultural uses or activities. Access to agricultural use areas shall be separate from residential access to units and open space areas.

v. Preserved open space shall be connected with adjacent open space, public land, and existing or planned pedestrian/bicycle paths, where feasible, as determined by the approving body.

vi. Homes shall be visually screened from view along existing roadway corridors, in order to reduce visual impact and the appearance of a compact subdivision in a rural area. A minimum 100-foot buffer area along existing collectors, major and minor arterials, and regional highways shall be maintained for the entire frontage of developments in the R1-A, R1-B, and R1-C districts. A minimum 50-foot buffer area along existing collectors, major and minor arterials, and regional highways shall be maintained for the entire frontage of developments in the AG and SF districts. Only access to new internal roadways shall be permitted to bisect this buffer area.

The buffer shall be landscaped in a manner that follows the greenbelt standards in Section 5.19, or maintained in its natural vegetative state if it provides an equivalent level of screening. The buffer will count as part of the required minimum open space.

E. Open Space Maintenance i. All open space shall remain perpetually

in an undeveloped state by means of a conservat ion easement, plat dedication, restrictive covenant, or other legal means that runs with the land.

ii. All open space ownership and maintenance agreements shall be reviewed and approved as to form and content by Township legal counsel prior to acceptance by the approving body.

iii. All open space agreements which involve donations of land to the Township or which name the Township as a party to any agreement shall be approved by the Township Board prior to final approval of the development.

F. Review Process i. All proposed Open Space Preservation

Option developments shall be reviewed in compliance with the appropriate procedure for the type of development (lot split, subdivision, site condominium etc.) and in accordance with the development standards in this Section and other applicable ordinances.

ii. All open space preservation option plans shall include a resource inventory that contains the following: a. All floodplains, wetlands, and

water bodies; b. A woodlands analysis identifying

all wooded areas of the site that are ½ acre in area, or larger, where at least 25% of the trees are 8” diameter breast high (dbh) or larger. The analysis shall identify the tree species present, by common and botanical name, and shall indicate the preparer’s opinion whether the woodlot is


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high in value based on species represented or potential as wildlife habitat, or low in value due to poor quality trees and/or lack of potential as wildlife habitat.

c. An identification of existing or potential wildlife habitat areas, such as valuable woodlands, open range or meadow, wetland systems, or riverine corridors. The Shiawassee Huron Headwaters report should be consulted as one resource used to identify wildlife habitat and corridors.

d. An analysis of on-site soils and topography to identify limitations to development; and

e. An analysis of the cultural features of the site, such as scenic views, historic structures, patterns of original farm fields, fences or stone walls, recreational uses, archeological resources and the like.

iii. The approving body shall determine that the open space preservation option plan satisfies the intent of Subsection D.2 above.

3.10 ATTACHED DECKS, PORCHES, AND PATIOS IN RESIDENTIAL DISTRICTS

A. An uncovered, enclosed deck, porch, patio or paved terrace may project into a required front yard for a distance not exceeding ten (10) feet or may project into a minimum rear yard setback provided, however, that this shall not be interpreted to include or permit fixed canopies.

B. Such deck, porch, patio, or paved terrace shall not be more than three (3) feet above the grade level of the lowest story (excluding a basement) of the main building except for open unenclosed railings that do not exceed four (4) feet in height above the elevation (level) of the deck, porch, patio or paved terrace. This provision shall not apply to a second story balcony which is supported only by the main building wall and requires no additional ground support columns beyond the main building wall.

C. Such deck, porch or patio or paved terrace, together with all other accessory buildings and structures, shall not occupy more than forty (40) percent of the rear yard. This provision shall not apply to decks, porches, patios or paved terraces less than twelve (12) inches in height without railings or other structures protruding above the deck as measured from the prevailing grade around the base of the structure.

D. Accessory buildings, such as gazebos, may be placed on porches, decks or patios located in a rear yard setback; provided, that buildings meet all of the requirements of Section 5.7, Accessory Building in Residential Districts.

E. In no instance shall a deck, porch, patio or paved terrace be located in any recorded easement, nor shall it extend any closer than five (5) feet to any side or rear property line; except that in the case of lakefront lots, decks, porches, patios and paved terraces may extend up to the water’s edge.

3.11 NOTES TO DISTRICT STANDARDS

A. Minimum lot area shall not include any right of way or easement for a public road, private road, or access easement. Calculations for determining maximum density and the number of lots permitted shall be based upon net buildable land area (areas such as regulated wetlands, flood plains and open water bodies shall not be included in calculations for determining maximum density and number of lots permitted).

B. Individual two-family dwellings on their own site shall have a minimum lot area of twenty thousand (20,000) square feet. Two-family dwellings in a complex of two or more two-family dwellings shall adhere to the land area requirements in the table below.

C. In all multiple family zoning districts there shall be recreation space provided for the use of the residents therein. Such space shall be provided on the following basis: i. Five thousand (5,000) square feet for

the first unit. ii. An additional one hundred (100)

square feet for each additional unit.



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The recreation space is to be separate and distinct from all other uses permitted upon said multiple site and a specific site shall be designated for such recreation space and reserved for same.

D. Side yards which have road frontage shall maintain the minimum front yard setback for the district in which the use is located.

E. The main farm barn building shall have a minimum setback of one hundred and fifty (150) feet from the front property line. This requirement shall not apply to the alteration or addition to an existing barn or other farm building, except residential dwellings, which have less than a one hundred and fifty foot setback and which existed prior to the adoption of this Ordinance.

F. If at least 60% of the dwelling units on one side of a block have a narrower front setback than the ordinance standard, the minimum front yard setback for new dwelling units shall be the average front yard setback of the existing dwellings on the same side of the block.

G. Where two (2) or more multiple-family structures are erected on the same lot, a minimum setback of twenty (20) feet shall be provided between structures. If the structures have a common yard, this setback shall be increased by two (2) feet for each ten (10) feet or part thereof, by which each of the buildings exceed forty (40) feet in length on that side of the building facing the common yard.

H. Besides the overall yard requirements of the mobile home park, each mobile home or trailer shall be set back a minimum of ten (10) feet from all internal road, a minimum of fifty (50) feet from all public right of ways, and a minimum of twenty (20) feet from all other mobile homes or trailers.

I. Side yard restrictions may be waived to allow for construction of a common wall, provided that continuous building development shall not exceed five hundred (500) feet and subject to Planning Commission approval.

J. The minimum floor area per dwelling unit shall not include area of basements, open unheated breezeways, open unheated porches, attached garages or utility rooms.

K. Front yard and exterior side yard setbacks shall be measured from the existing public or private road right of way or access easement to the point on the structure closest to the aforementioned right of way or easement. For local roads on the Township’s adopted Thoroughfare Plan, setbacks shall be based on a road width of sixty (60) feet, unless the same is a platted road in which case the platted width shall apply. However, in no event shall a road width of less than fifty (50) feet be applied, irrespective of the platted road width. Double frontage lots shall have the same setback from each existing right of way and no building shall be constructed closer to either existing right of way than the minimum front yard setback required for that district.

L. Off-street parking spaces shall not be permitted within any required front side or rear yard setback unless it meets the standards of Section 5.11 Off-Street Parking.

M. In order to promote the goals of the White Lake Master Plan and Highland Road Corridor Plan for the M-59 Corridor, generous setbacks are required for uses in this corridor that will result in enhancement of the aesthetic appeal of the M-59 corridor and help to maintain White Lake Township’s unique community character. The front or exterior yards for all non-residential land uses adjacent to M-59 require a minimum setback of 50 feet and a maximum setback of 150 feet as determined by the Planning Commission. The Planning Commission shall determine the front setback and may modify the minimum requirement upon finding one or more of the following: i. Where the minimum setback would

severely limit the building area of an existing “shallow” parcel because the 50 foot required setback would result in a front yard that is more than 25% of the area of the parcel, the Planning Commission may reduce the minimum front setback to 40 feet.

ii. Where the minimum 50 foot setback would create an unappealing scale to the development due to the size and bulk of the building, such as a “big box” retail store, the Planning


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Commission may increase the minimum required setback up to one hundred fifty (150) feet based upon consideration of the site plan, landscape plan, and building elevation drawings.

N. No interior side setback required where adequate provision is made for emergency access and loading/unloading access at the rear of the building. If a residential use abuts an RB district, the total of the two side yard setbacks may be reduced to 25 feet.

O. In RM-1 and RM-2 districts, the Planning Commission may permit building heights up to 3 stories subject to approval of a site plan that demonstrates an increase in open space.

P. Total minimum amount of habitable floor area ready for occupancy must equal the minimum amount of floor area required for a one story building in the same zoning district. One half of the finished habitable floor area of the story below the ground story may be included within the total minimum amount of floor area required per unit.

Q. No building shall be located closer than 25 feet to any regulated wetland, submerged land, watercourse, pond, stream, lake or like body of water. The setback shall be measured from the edge of the established wetland boundary as reviewed and approved by the Township.

R. No structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit established in Article 3.0, Zoning Districts, of this ordinance for the district in which the building is located, except that roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment, required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, individual domestic radio, television aerials and wireless masts, water tanks, or similar structures may be erected above the height limit, herein prescribed. No such structure may be erected to exceed by more than fifteen (15) feet the height limits of the district in which it is

located; nor shall such structure have a total area greater than twenty-five (25) percent of the roof area of the building; nor shall such structure be used for any residential purpose or any commercial or industrial purpose other than a use incidental to the main use of the building.

S. Lots on a cul-de-sac or curvilinear street shall have a minimum of 65 feet of frontage and shall comply with the lot width requirement at the minimum front setback line.

T. The minimum side yard setback for a side-entry garage shall be 25’.

U. Structures located within a multiple-family development, including attached condominiums, row and townhouse dwellings, and the like, shall have a minimum setback of 25’ from the back of sidewalk or 25’ from back of curb for developments without sidewalks.

V. Maximum depth to width ration of 4:1. W. A maximum 30% lot coverage may be

approved administratively by the Director of the Community Development Department or his/ her designee on existing lots of record where all of the following criteria are present: i. The lot has sanitary sewer service, and ii. Storm water collected from the roof of

the home and garage is directed to a storm drain, retention or detention basin, lake or other body of water, and

iii. The proposed building development complies with all setback requirements of the appropriate zoning district, unless a variance has been approved by the Zoning Board of Appeals.



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A. A B&B home shall not have more than six (6) guest rooms and a B&B inn shall not have more than eight (8) guest rooms.

B. The B&B home shall be clearly subordinate to the use of the building as the owner/operator's principal residence. Not more than twenty-five percent (25%) of the gross floor area of the dwelling may be devoted to guest rooms.

C. All guest rooms shall be a minimum of one hundred (100) square feet for double occupancy, equipped with a smoke and carbon monoxide detector/alarm, and shall have lavatory and bathing facilities available to the overnight guests.

D. There shall be a minimum of two (2) means of exit directly to the outdoors. A floor plan and elevation drawings (or photographs) shall accompany the application.

E. There shall be no exterior alterations to the dwelling that are not customary for other principal single family residences in the Township. If guest rooms are not part of the original structure but are proposed to be added, plans prepared by a Registered Architect shall be submitted to the Planning Commission for approval which demonstrate the following: i. The addition is compatible in style and

design with the original structure. ii. The rooms proposed to be added could

be incorporated into the structure for single family residential use in the future, if the owner chooses to terminate the use of the dwelling as a bed & breakfast home or inn.

F. Two (2) off-street parking spaces for the dwelling and one (1) for each double-occupancy room shall be provided. All off-street parking shall be designed and arranged to maintain the residential character of the principal use. To that end, parking "lots" are to be avoided and the use of grass pavers or similar materials is encouraged.

G. One (1) non-illuminated sign, not to exceed four (4) square feet and stating only the name of the home, may be displayed flat against the wall of the building or within the non-required front yard only.

H. The applicant shall submit proof of the local Health Department's evaluation regarding the adequacy of the on-site sewage disposal system, in relation to the number of guest rooms proposed, in addition to the principal residential use.

I. The maximum length of stay of any guest(s) shall be fourteen (14) days.

J. The permit shall be issued to an owner/operator only and shall not run with the land. All homes shall be inspected by the Township Zoning Administrator, Building Official, and Fire Chief. A report from each shall be submitted to the Planning Commission identifying all zoning, building, fire, and safety code issues.

K. No accessory buildings or garages are to be utilized for sleeping rooms.

L. Kitchen facilities shall be used for food preparation for consumption on the site by the owner, operator, residents and overnight bed and breakfast guests only. No food shall be prepared which is taken off-site or which is served to persons other than residents and overnight guests.

M. No cooking facilities are permitted for use by the guests.

N. A fire escape plan shall be developed and graphically displayed in each guest room.

4.13 CLUSTER HOUSING OPTION

These regulations are intended to promote a traditional rural character of the land use pattern in the Township through the creation of small residential nodes contrasting with open space and less intensive land uses. These regulations are intended to result in a specific development substantially consistent with Zoning Ordinance standards, yet allow for modifications from the general standards to preserve natural resources and protect the natural environment. A. Eligibility Criteria

To be eligible for the cluster housing option, the applicant must present a proposal for residential development that demonstrates the following: i. Open Space. The proposed

development must contain significant natural assets including one or more of the following open space benefits: a. Primary agricultural lands b. Woodlands and wetlands c. Rolling topography with grades

exceeding 15% d. Significant views

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e. Natural drainage ways and floodplains

f. Natural corridors that connect quality wildlife habitats. If animal or plant habitats of significant value exist on the site, the Planning Commission, as a condition of approval, may require that the Cluster housing option plan preserve these areas in a natural state and adequately protect them as nature preserves or limited access areas.

g. Created recreation and open space

ii. Guarantee of Open Space Preservation and Maintenance. The applicant shall guarantee to the satisfaction of the Township Planning Commission that all open space portions of the development will be preserved and maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. The preservation and maintenance of all open space shall be guaranteed by means of a deed restriction, shall be recorded with the deed or land contract to the property, and shall be filed with the Oakland County Register of Deeds. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the Township and the land uses continue as approved in the cluster housing option plan.

iii. Density Impact. The proposed type and density of use shall not result in an unreasonable increase in the need for or impact to public services, facilities, roads, and utilities in relation to the use or uses otherwise permitted by this ordinance, and shall not place an unreasonable impact to the subject and/or surrounding land and/or property owners and occupants and/or the natural environment. The Planning Commission shall require the applicant to prepare a Community Impact Statement, meeting the standards of Section 4.50 of the Zoning Ordinance, documenting the significance of the development on the community. An unreasonable impact shall be

considered an unacceptable significant adverse effect on the quality of the surrounding community and the natural environment in comparison to the impacts associated with conventional development.

iv. Township Master Plan. The proposed development shall be consistent with and further the implementation of the Township Master Plan.

v. Access to a Public Street. The parcel must be located immediately abutting and contiguous to a public street type as designated on the Thoroughfare Plan of White Lake Township as follows: a. Local Street b. Collector Street c. Minor Arterial d. Major Arterial e. Regional Highway

B. Design Standards A proposed cluster housing option development shall comply with the following project design standards: i. Location. A cluster housing

development may be approved within any of the following zoning districts: AG, SF, R1-A, R1-B, R1-C or R1-D

ii. Permitted Uses. A cluster housing option is restricted to single family detached or not more than four (4) attached residential dwellings per building.

iii. Dwelling Density. The number of dwelling units allowable within a cluster housing option project shall be determined through preparation of a parallel plan. a. The applicant shall prepare a

parallel design for the project that is consistent with State, County, and Township requirements and design criteria for a tentative preliminary plat. The parallel plan shall meet all standards for lot size, lot width and setbacks as normally required under Article XIX, public, roadway improvements and private parks, and contain an area which conceptually would provide sufficient area for storm

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Zoning Districts

Minimum Size Zoning Lot Per Unit (a) Area In Square Feet

Width In Feet (a)

Front One Side (c) Total of Two Sides (c)

Rear

AG 43,560 150 35’ 20’ 40’ 50’

SF 30,000 140 35’ 20’ 40’ 50’

R1-A 25,000 130 35’ 20’ 40’ 50’

R1-B 15,000 100 35’ 10’ 20’ 35’

R1-C 13,600 85 30’ 10’ 20’ 30’

R1-D 10,200 (b) 70 25’ 10’ 20’ 30’

4.13.B.iv Design Standards for Cluster Housing Option

water detention. Lots in the parallel plan shall provide sufficient building envelope size without impacting wetlands regulated by the Michigan Department of Environmental Quality or by White Lake Township. This design shall include all information as required by the guidelines adopted by the Planning Commission pursuant to Section 6.8, Site Plan Review.

b. The Planning Commission shall review the design and determine the number of lots that could be feasibly constructed and be economically viable based upon the conceptual parallel plan design. This number, as determined by the Planning Commission, shall be the maximum number of dwelling

units allowable for the cluster housing option project. The Planning Commission may grant a density bonus subject to the requirements of Section 4.13.C.

iv. Regulatory Flexibility. To encourage flexibility and creativity consistent with the cluster housing option concept, the Planning Commission may grant specific departures from the requirements of the Zoning Ordinance as a part of the approval process for the following: a. Yard, lot width, and bulk standards

may be modified, provided that such modifications result in enhanced buffering from adjacent land uses or public rights-of-way, or preservation of natural features. Standards may be reduced to not less than the following:

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b. Where attached single family units are proposed, the front walls of the attached dwelling units shall be offset by at least 15 feet.

c. A table shall be provided on the site plan which specifically details all deviations from the established zoning area, height and setback regulations, general provisions, or subdivision regulations. Only those deviations that respect the intent of this Ordinance may be considered.

v. Open Space Requirements a. A cluster housing option shall

maintain a minimum designated open space held in common ownership according to the following: (1) Twenty-five percent (25%) of

the gross area of the site as designated open space in the SF, R1-A, R1-B, R1-C and R1-D districts.

(2) To promote preservation of primary agricultural lands, forty percent (40%) of the gross area of the site must be designated within the AG district.

b. Any undeveloped land area within the boundaries of the site meeting the open space standards herein may be included as required open space. However, if a cluster deve lopm en t i nc ludes a recreational use such as a golf course then a minimum of 30% of the open space shall not include the golf course.

c. Areas not considered open space include the following: (1) The area of any street right-of-

way or private road easement. (2) Any permanent or annually

intermittent submerged land area (waterbodies) including waterways.

(3) The required setbacks surrounding a residential structure.

(4) Fenced detention and/or retention basins.

d. The designated open space must

include the significant natural features, including primary agriculture lands within the AG districts, identified on a Site Analysis Plan. Connections with adjacent open space, public land or existing or planned pedestrian/bike paths may also be required by the Planning Commission.

e. The designated open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the Planning Commission, such as a recorded deed restriction, covenants that run perpetually with the land, or a conservation easement. Such conveyance shall assure the following: (1) That the open space will be

protected from all forms of development, except as approved with the site plan, and shall never be changed to another use;

(2) Any dumping or storing of any material or refuse is prohibited;

(3) Cutting, filling or removal of vegetation from wetland areas is prohibited;

(4) Cutting or removal of live plant material except for removal of dying or diseased vegetation is prohibited.

(5) That the association of homeowners or co-owners shall collect sufficient fees from its members each year to provide for cont inued maintenance of all open space areas.

f. A statement must be submitted along with the site plan that details the standards for the schedule of maintenance of the open space.

g. Continuing Obligation. The designated open space shall forever remain open space, subject only to uses approved by the Township on the approved site

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plan. Further subdivision of open space land or its use for other than recreation, conservation or agricultural purposes, except for easements for utilities and septic systems, shall be strictly prohibited.

h. Allowable Structures. Any structure or building accessory to a recreation, conservation or agriculture use may be erected within the designated open space, subject to the approved open space plan. These accessory structures or building shall not exceed, in the aggregate, one percent (1%) of the required open space area.

i. The requirement for preservation and maintenance of all open space areas shall be recorded with the deed or land contract of every lot, parcel, site, or unit within the approved development.

vi. Transition Areas. Where the cluster housing development abuts an agriculture or single-family residential district, the Planning Commission may require a transition area. Grading within the transition area shall be minimal unless needed to provide effective buffering or accommodate drainage. If the grade change adjacent to single-family residential is to be varied by more than three (3) feet, the site plan shall include cross sections illustrating existing and proposed grades in relation to existing and proposed building heights. Perspective renderings from adjacent residential units are encouraged. The Planning Commission may review the proposed transition areas to ensure compatibility. The Planning Commission may require that the transition area consist of one or more the following: a. A row of single-family lots or

condominium sites similar to a d j a c e n t s i n g l e f a m i l y development in terms of density, lot area, lot width, setbacks and building spacing.

b. Woodlands, natural features or a landscaped greenbelt sufficient to provide an obscuring effect.

c. Open or recreation space. d. Significant changes in topography,

which provide an effective buffer. vii. Internal Roads. Internal roads within a

cluster housing development shall be public roads, unless they conform to the standards of Section 6.1.F that would permit private roads.

viii. Pedestrian Circulation. The cluster housing development plan shall provide pedestrian access to all open space areas from all residential areas, connections between open space areas, public thoroughfares, and connections between appropriate on and off site uses. Trails within the cluster housing option may be constructed of finely crushed stone, or other approved material, but the Planning Commission may require construction of eight (8) foot wide asphalt bike paths through portions of the development or along any public right-of-way abutting the cluster housing option.

ix. Existing Structures. When a tract contains structures or buildings deemed to be of historic, cultural or architectural significance, as determined by the Planning Commission, and if suitable for rehabilitation, the structures shall be retained. Adaptive reuse of existing structures for residential use or permitted accessory residential uses shall be permitted.

C. Density Bonus Option The Planning Commission may allow a cluster housing option development to include a density bonus according to the following previsions. i. Density Bonus. A density bonus of up

to fifteen percent (15%) may be allowed at the discretion of the Planning Commission. In order to qualify for consideration of a density bonus, a cluster housing development must have a minimum of thirty-five (35%) percent of the site preserved as designated open space in all SF, R1-A, R1-B, R1-C and R1-D districts and a

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minimum of fifty (50%) percent of the site is preserved in all AG districts. The following shall be considered when determining the open space density bonus. a. Providing perimeter transition

areas along all sides of the development. The transition area shall utilize a mixture of the following to create an aesthetically pleasing opaque wall: a greenbelt area, various landscape plantings, berming, and/or decorative walls/fencing. The transition area shall be a minimum of 150 feet on all sides not abutting a right of way. However, the depth and location of the transition area may be modified and/or waived by the Planning Commission based on existing site conditions and adjacent uses.

b. There must also be maintained an open space buffer along the exterior public roads. Said buffer shall have a depth of at least one hundred (100) feet, either landscaped or preserved in a natural wooded condition. The open space buffer must be landscaped with a minimum of one (1) evergreen tree or canopy tree for each twenty (20) feet of road frontage. Such plantings shall be planted in staggered rows or clustered into groupings to provide a natural appearance. Preservation of existing trees may be credited towards meeting the frontage landscaping requirement. Natural wooded areas shall comply with all sight distance and corner clearance requirements of this Ordinance.

c. The additional open space constitutes useable, upland areas of the site accessible to the residents.

d. The applicant is providing a public water supply.

e. The applicant is extending public sanitary sewer lines, from a distance of more than 1,000 feet off-site.

f. Additional elements may be considered, as determined by the Planning Commission, that are intended to provide a material benefit to all residents of the development and the Township in general.

D. Project Standards In considering any application for approval of a cluster housing option site plan, the Planning Commission shall make their determinations on the basis of the standards for site plan approval set forth in Section 6.8, as well as the following standards and requirements: i. Compliance with the Open Space

Community Concept. The overall design and land uses proposed in connection with an cluster housing option shall be consistent with the intent of the cluster housing option concept, as well as, with specific design standards set forth herein.

ii. Compatibility with Adjacent Uses. The proposed cluster housing option plan shall set forth in detail, all specifications with respect to height, setbacks, density, parking, circulation, landscaping, views, and other design features that exhibit due regard for the relationship of the development to surrounding properties, the character of the site, and the land uses.

iii. Impact of Traffic. The cluster housing option shall be designed to minimize the impact of traffic generated by the proposed development on surrounding uses.

iv. Protection of Natural Environment. The proposed cluster housing option shall be protective of the natural environment. It shall comply with all applicable environmental protection laws and regulations.

v. Compl iance w i th App l icab le Regulations. The proposed cluster housing option shall comply with all applicable Federal, state, and local regulations.

vi. Conditions. Reasonable conditions may be required with the special approval of a cluster housing option for the purpose of ensuring that public services and facilities affected by a

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proposed land use or activity will be capable of accommodating increased service and facility loads caused by the project. All conditions imposed shall be made a part of the record of the special approval.

vii. Points of access to the subdivision from the existing public roadway should be kept to a minimum. There shall be a minimum of 330 feet between access points along a collector, a minimum of 660 feet between access points along a major arterial or minor arterial, and a minimum of 1320 feet between access points along M-59. These standards may be reduced by the Planning Commission if development of the site is not feasible if the standards are strictly enforced, or if conditions of the area are such that the reduction in spacing between points of access would not adversely impact the roadway any more than if the standard was strictly enforced.

viii. In submitting an application to the Planning Commission, the applicant shall include a parallel plan as described herein, a site analysis plan that identifies all significant natural features and assets as described herein, and a site plan for the development. The plan shall designate existing and proposed public easements, topography drawn to scale at two foot contour intervals, all computations relative to acreage and density, a landscape plan relative to the proposed site including all greenbelts, transition areas and other proposed landscaped area and any other information which will assist in reviewing the Application.

ix. Time limits of approved plans shall be in accordance with the requirements of site plan approval, Section 6.8.

4.14 CEMETERIES Cemeteries may be permitted in the AG (Agricultural), SF (Suburban Farms), and R1-A (Single-Family) districts, subject to the following: A. Minimum site size shall be 10 acres with a

minimum lot width of 330 feet.

B. There shall be no burial plots within 25 feet of any property line.

C. No service building shall be located closer than 100 feet to any property line and all service and storage yards shall be screened from view by a screen wall or obscuring fence at least 6 feet high.

D. On all sides abutting property in a zoning district that permits residential uses, there shall be a landscaped greenbelt at least 25 feet wide.

4.15 CHURCHES AND OTHER PLACES OF WORSHIP

Churches, synagogues, and similar places of worship may be permitted by the Planning Commission in the AG (Agricultural), SF (Suburban Farms), R1-A , R1-B, R1-C and R1-D (Single-Family) districts, subject to the following requirements: A. Minimum lot width of one hundred fifty

(150) feet. B. Minimum site size of two (2) acres. C. All front, side and rear yard space shall be

a minimum of fifty (50) feet each from adjoining lot lines.

D. All churches shall be required to have ingress and egress to a state highway, a county primary road as established by the Oakland County Road Commission, or an existing, paved county secondary road.

4.16 CONVALESCENT OR NURSING HOMES

A convalescent, nursing, rest home, or home for the elderly may be permitted in the AG (Agricultural) and RM-1 and RM-2 (Multiple-Family) districts, subject to the following: A. All vehicular ingress and egress shall be

directly onto a major or minor arterial. B. The minimum site size shall be ten (10)

acres in AG districts and five (5) acres in RM-1 and RM-2 districts.

C. All buildings shall be set back at least 75 feet from all property lines.

D. All parking and service areas shall be screened from view of an adjoining residential district, as approved by the Planning Commission.

V. Survey/ Wetlands/Concept Plan


( 66'

R.O

.W. )

Bog

ie L

ake

Rd.

Boundary / TopographicSurvey

1 of 1

NOWAK & FRAUS ENGINEERS

46777 Woodward Ave.

Pontiac, MI 48342-5032

Tel. (248) 332-7931

Fax. (248) 332-8257

SCALE:

Part of the NW 1/4of Section 33T.3N., R.8E.,White Lake Township,Oakland County, Michigan

Know what's belowCall before you dig.

R

Huron Valley School District2390 S. Milford RoadHighland, MI 48357

Contact: Scott Lindberg248.684.8293 - Phone

Huron Valley School DistictSection 33 - Bogie Lake SiteParcel: 12-33-100-008,White Lake, MI 48383

SEAL

April 6, 2108

PROJECT

CLIENT

PROJECT LOCATION

SHEET

REVISIONS

DRAWN BY:

DESIGNED BY:

APPROVED BY:

DATE:

NFcivil Engineers

Land Surveyors

Land Planners

ENGINEERS

sheet no.

K326NFE JOB NO.

TOPOGRAPHIC SURVEY NOTESNF

Site

Location Map

1" = 50'

NF

N

M. Carnaghi

K. Navaroli

02550 25 50 75

MISS DIG / UTILITY DISCLAIMER NOTE

LEGAL DESCRIPTION -PER TITLE COMMITMENT

FLOOD HAZARD NOTE BASIS OF BEARING NOTE

CERTIFICATE OF SURVEY

TITLE REPORT NOTES

SURVEY DATA

LEGAL DESCRIPTION - AS SURVEYED

LEGEND

Investigation • Remediation 10448 Citation Drive, Suite 100 Compliance • Restoration Brighton, MI 48116

Mailing Address: P.O. Box 2160 Brighton, MI 48116-2160 800 395-ASTI Fax: 810.225.3800 www.asti-env.com

March 23, 2018 Mr. Scott Lindberg, Assistant Superintendent Huron Valley Schools 2390 South Milford Road Highland, MI 48357 RE: Wetland Determination and Jurisdictional Assessment Approximately 10-acre Bogie Lake Road Property, White Lake Township & Approximately 32-acre Hickory Ridge Property, Highland Township

Oakland County, Michigan ASTI File No. 10583 Dear Mr. Lindberg: Site investigations were completed on March 22, 2018 by ASTI Environmental (ASTI) to approximate wetland boundaries on the above-referenced properties. The Bogie Lake Property is located along Bogie Lake Road, north of Cooley Lake Road and south of Cedar Island Road in White Lake Township. The Hickory Ridge Road Property is located along Hickory Ridge Road, south of Wardlow Road, and north of M-59 located in Highland Township. Both sites are in Oakland County, Michigan. FINDINGS Wetland vegetation, hydrology, and soils were used to approximate wetland boundaries. Results of the determinations completed on the sites are discussed below. Bogie Lake Road Property ASTI did not observe wetland on the Bogie Lake Road Property (see Figure 1 - Bogie Lake Road Property). The site is dominated by upland forest. Dominant vegetation observed on this site included black cherry (Prunus serotina), red oak (Quercus rubra), and white oak (Quercus alba). Hickory Ridge Property Two areas of wetland were observed on the Hickory Ridge Road Property (See Figure 2 - Hickory Ridge Road Property Estimated Wetland Boundaries). These wetland areas were

.

Approximate Wetland Determination Bogie Lake Road Property & Hickory Ridge Road Property White Lake Twp & Highland Twp., Oakland Co., MII ASTI File No. 10583

located in the eastern portion of the site. Both of these wetlands were forested and exhibited dominant vegetation that included cottonwood (Populus deltoides), American elm (Ulmus americana), silver maple (Acer saccharinum) and dogwood species (Cornus spp.). The northern-most wetland is approximately 0.9 acres in size on-site and extends off-site to the east. The southern-most wetland is approximately 0.5 acres in size. The northern-most wetland is regulated by the DEQ because it exhibits an area of permanent standing water that is greater than one acre in size, and therefore, meets the DEQ-definition of a pond under Part 303. The southern-most wetland is also regulated by the DEQ because it is within 500 feet of the northern-most wetland pond. Please note that the wetland boundaries shown on Figure 2 approximate. Any detailed site planning will require a formal wetland delineation and wetland boundary survey by professional-grade land surveying equipment.

Thank you for the opportunity to assist you with this project. Cordially, ASTI ENVIRONMENTAL

Kyle Hottinger Dianne Martin Wetland Ecologist Director, Resource Assessment & Mgmt. Professional Wetland Scientist #2927 Professional Wetland Scientist #1313 Attachments: Figure 1 - Bogie Lake Road Property Figure 2 - Hickory Ridge Road Property Estimated Wetland Boundaries

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12" CONC. CULVERTS. INV 953.30

STORM MHRIM 956.3612" N.-S.-NW.INV 952.96

12" CONC. CULVERTN. INV 952.65

12" CONC. CULVERTS. INV 952.25

CATCH BASINRIM 953.4912" N.-S.-NW.INV 948.69

CATCH BASINRIM 959.3412" W.-NE.INV 953.84

SANITARY MH(FORCE MAIN)RIM 954.73T/PIPE 948.73

CATCH BASINRIM 955.3512" NW. INV 950.9512" SE. INV 949.35

STORM MH(OVERFLOW)RIM 954.1212" SE. INV 651.72(W/6" REDUCER)

BENCHMARKBENCH TIE IN POLEELEVATION 956.04NAVD 88 DATUM

SAN. CLEANOUTRIM 954.48

SAN. CLEANOUTRIM 954.86

CATCH BASINRIM 957.6312" NW. INV 953.4312" SE. INV 953.38

STORM MH(OVERFLOW)RIM 957.2612" SE. INV 953.66(W/6" REDUCER)

12" CONC. CULVERTSW. INV 953.82

N.87°18'26"W. 1213.41' (M)

S.02

°27'

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. 358

.87'

(M)

S.87°17'09"E. 1213.72' (M)

N.0

2°24

'15"

E. 3

59.3

3' (M

)

N.89°40'00"W. 1210.80' (R)

S.89°40'00"E. 1209.96' (R)

N.0

0°08

'00"

E. 3

59.7

6' (R

)

WATERLEVEL948.93

RETENTION POND

DETENTION POND

( 66'

R.O

.W. )

BOG

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RD

.

LOT 1LOT 2LOT 3LOT 4LOT 5LOT 6

LOT 7LOT 8

LOT 9LOT 10

WEXFORD PARK(PRIVATE)

WEXFORD MANOR SUBDIVISION( L.286, P.37-40, O.C.R. )

WALNUT RIDGE SUBDIVISION( L.272, P.4-9, O.C.R. )

MISTWOOD PARK(PRIVATE)

LOT 3LOT 4

WALNUT RIDGE PARK(PRIVATE)

LOT 5LOT 6

LOT 7

LOT 8

UNPLATTED

OH.

LINE

S

OH.

LINE

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EAST-WEST 1/4 LINE SEC. 33

C/L

DITC

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12" S

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EDGEOF WATER

EDGEOF WATER

ZONED: R1-C,SINGLE FAMILY RESIDENTIAL

ZONED: R1-C,SINGLE FAMILYRESIDENTIAL

ZONED: AG,AGRICULTURAL

1630 BOGIE LAKE RD.

TAX ID NO.12-33-100-009

6" S

-MP

GAS

MAI

N6"

S-M

P G

AS M

AIN

CAUTION!!

33' R

.O.W

. LIN

E

33' R

.O.W

. LIN

E

STORM WATER DETENTIONAREA EASEMENT(L.25985, P.211)

12" STORM

TOP/

BANK

12" STM.

12" STM.

R.O

.W. L

INE

960

955

955

960

959958

957

956

954

955

961

962

963

964

965

960

960

955

955

955956

961

962

963

964

963

962

961

950

955

960

960

959

959

955

960

965

960

955

950

949

948

955

960

965

970

974

973

972

971

975

970

965

960

955

978

965

954

952

965

960

965

960

960

963

967

956

958959

970

955

955

LOT 1LOT 2

LOT 3LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9

LOT 10

LOT 11

LOT 12

LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 LOT 19DETENTION

BASIN

107.50'108.00'

108.00'108.00'

108.00'

105.83'

66.5

1'

66.57'

83.01'

126.98'107.00' 107.00' 107.00' 108.00' 117.10'

124.23'

116.22'

125.13' 125.00'

16,156.80 S.F.16,227.50 S.F.

16,237.98 S.F.16,064.84 S.F.16,143.68 S.F.

16,149.82 S.F.16,154.62 S.F.16,154.13 S.F.

16,159.14 S.F.

21,881.13 S.F.

21,321.75 S.F.

16,504.83 S.F.

16,033.09 S.F. 16,006.70 S.F. 16,006.47 S.F. 16,002.31 S.F. 16,154.27 S.F. 16,556.19 S.F. 16,138.10 S.F.

Conceptual Plan

1 of 1

04-06-18 SURVEY ISSUED

NOWAK & FRAUS ENGINEERS

46777 Woodward Ave.

Pontiac, MI 48342-5032

Tel. (248) 332-7931

Fax. (248) 332-8257

SCALE:

Part of the NW 1/4of Section 33T.3N., R.8E.,White Lake Township,Oakland County, Michigan

Know what's belowCall before you dig.

R

Huron Valley School District2390 S. Milford RoadHighland, MI 48357

Contact: Scott Lindberg248.684.8293 - Phone

Huron Valley School DistictSection 33 - Bogie Lake SiteParcel: 12-33-100-008,White Lake, MI 48383

SEAL

April 24, 2018

PROJECT

CLIENT

PROJECT LOCATION

SHEET

REVISIONS

DRAWN BY:

DESIGNED BY:

APPROVED BY:

DATE:

NFcivil Engineers

Land Surveyors

Land Planners

ENGINEERS

sheet no.

K326NFE JOB NO.

NF

N

S

W E

SITE

LOCATION MAPN.T.S.

COOLEY LAKE RD.

COOLEY LAKE RD.

TURN

BERR

Y D

R.

MISTWOOD DR.

MISTWOOD

CT.

CT.

BRITNEY

BOG

IE LAKE RD

.

PINE

CRE

ST D

R.

RIDGEFIELD CT. LAKE HAVEN DR.

SPY GLASS TRAIL

VA

LLEY

OA

KS D

R.

TOW

ERIN

G O

AKS

DR.

WILLOWING OAKS

MISTWOOD

1" = 50'

NF

N

S

W E

G. Ostrowski

02550 25 50 75

G. Ostrowski

G. Ostrowski

6" GAS MAIN

VI.Legal Documents

- Proposal Form- Offer To Purchase- Affidavit of Compliance- Iran Economic Sanctions Act- Familial Relationship Disclosure Form


Request For Proposals To Purchase Real Property

PROPOSAL FORM

Name of Prospective Purchaser: Contact Person: Address: Phone: E-Mail: 1. Earnest Money: Twenty-Five Thousand ($25,000.00) Dollars to be submitted within three (3)

days of the final execution of the Offer To Purchase Real Estate via certified check. 2. Purchase Price: $ 3. Exceptions or Special Conditions: The prospective purchaser acknowledges and agrees that it is

submitting this Proposal with the understanding that unless the prospective purchaser sets forth specific exceptions to the terms and conditions of this RFP or the Offer To Purchase Real Estate, that the prospective purchaser will execute the Offer To Purchase Real Estate attached to the RFP with all of the terms and conditions as contained therein. Please set forth any exceptions or special considerations below.

(Attach Additional Sheets or mark-up copy of the Offer To Purchase with changes, if desired)

The undersigned represents and warrants to Huron Valley Schools that he/she/it has been duly authorized to execute this Proposal on behalf of the prospective purchaser and that if this Proposal is accepted by Huron Valley Schools that the same shall be binding upon and fully enforceable against the prospective purchaser. The prospective purchaser acknowledges that the School District may accept or reject any Proposal in whole or in part in its sole and absolute discretion.

Print Name of Prospective Purchaser

Print Name and Title of Authorized Agent

Signature of Authorized Agent

Dated: , 2018

OFFER TO PURCHASE REAL ESTATE

1. THE UNDERSIGNED, Purchaser hereby offers and agrees to purchase the following real property situated in the White Lake Township, Oakland County, Michigan, described as follows:

10 +/- acres of vacant land South of Cedar Island Road on the West side of Bogie Lake Road, White Lake Township, Michigan, Sidwell Number 12-33-100-008, more particularly described on Exhibit A attached hereto (the “Premises”),

subject to existing building and use restrictions and easements, if any, and zoning ordinances upon the following conditions:

THE SALE TO BE CONSUMMATED BY CASH SALE: Delivery of the Warranty Deed at-tached hereto and marked as Exhibit B conveying marketable title at Closing to the Premises. The term “Premises” shall include all land, and all buildings, improvements and structures there-on, if any, appurtenances, tenements and hereditaments thereon, if any, in connection therewith. The purchase price for the Premises shall be the sum of ____________________________ and 00/100 ($_____________) Dollars (the “Purchase Price”) payable by Purchaser at Closing in cash, certified check, or direct wire transfer at the option of Seller.

2. As evidence of title, Seller agrees to furnish Purchaser as soon as possible a Commitment for Title Insurance (the “Commitment”), issued by First American Title Insurance Company (the “Title Company”) in an amount not less than the Purchase Price bearing date later than the acceptance hereof with policy pursuant thereto to be issued insuring Purchaser. If Purchaser desires Seller to furnish Purchaser with a Commitment “without the standard survey exceptions,” Purchaser shall be responsible to obtain a survey within ninety (90) days of the Date of this Offer and verify that said survey is sufficient to allow the Title Company to issue such a Commitment. Once said survey is obtained and accepted by Seller, the legal description in the survey shall update Exhibit A and become the legal description of the Premises. Upon Closing, Seller shall pay for and order a title insurance policy consistent with the Commitment which Seller shall have updated to the date of Closing.

3. In the event of default of the terms and conditions of this Offer by the Purchaser hereunder, the Seller may, at its option, elect to enforce the terms hereof by specific performance or declare a breach hereunder, terminate this Offer and retain the Earnest Money Deposit as liquidated damages.

4. In the event of default of the terms and conditions of this Offer by the Seller hereunder, the Purchaser may, at its option, elect to enforce the terms hereof by specific performance or

- ! - 1

demand, and be entitled to, an immediate refund of its entire Earnest Money Deposit in full termination of this Offer.

5. If written objection to the title is made within five (5) days of delivery of the Commitment, that the title is not in the condition required for performance hereunder, the Seller shall have thirty (30) days from the date it receives notice in writing of the particular defects claimed either to: (1) remedy the title defects set forth in said written notice, although Seller shall have no obligation to cure or to obtain insurance over such defects, or (2) refund the Earnest Money Deposit in full termination of this Offer. Notwithstanding the above, Purchaser may, at any time during the thirty (30) day cure period, waive the conditions of this Paragraph 5 and accept the title in its “As Is” condition. If the Seller is able to remedy such defects within the time specified as evidenced by written notification, a revised Commitment or endorsement to the Commitment, the Purchaser agrees to complete the sale within ten (10) days of receipt thereof or upon the Closing date set forth in Paragraph 13.

6. All special assessments which have been levied and due and payable upon the Premises as of the Date of this Offer shall be paid by the Seller. All special assessments which are levied and due and payable after the Date of this Offer shall be paid by the Purchaser. All real property taxes on the Premises shall be prorated and adjusted as of the date of Closing in accordance with DUE DATE basis of the municipality or taxing unit in which the Premises is located, under the assumptions that taxes are paid in advance and that summer and winter taxes are due and payable July 1 and December 1 respectively. Water and other utility bills shall be prorated and adjusted as of the date of Closing. The Seller shall be responsible for the payment of any applicable transfer taxes associated with this transaction and the Purchaser shall be responsible for all applicable recording fees, including, but not limited to, the fees required for recording the Warranty Deed. Other Closing costs will be split equally between Purchaser and Seller and reflected on the final Closing Statement.

7. It is understood that this Offer is irrevocable for forty five (45) days from the date hereof. If this Offer is accepted by the Seller, the Purchaser agrees to complete the purchase of the Premises within the time indicated in Paragraph 13.

8. Within three (3) business days of the Date of this Offer, Purchaser shall deposit the sum of Twenty Five Thousand and 00/100 ($25,000.00) Dollars (the “Earnest Money Deposit”) to be held by the Seller and applied to the Purchase Price if the sale is consummated. The Seller shall not be responsible to the Purchaser for any interest associated with the subject Earnest Money Deposit.

9. The covenants herein shall bind and inure to the benefit of the executors, administrators, successors and assigns of the respective parties. �

- ! - 2

10. This Offer and all of Purchaser’s obligations hereunder are contingent upon all of the following:

A. Purchaser’s satisfaction with the Premises following Purchaser’s testing, analysis, inspection and evaluation of the Premises (“Purchaser’s Evaluations”). Purchaser shall have ninety (90) days after the Date of this Offer (“Inspection Period”) in which to conduct such investigations, evaluations and testing of the Premises (both above ground and below ground) as Purchaser deems appropriate in order to determine if the Premises are satisfactory and suitable for Purchaser’s intended use and enjoyment. Purchaser’s Evaluations may include, but shall not be limited to: (i) a physical inspection of all aspects of the Premises; (ii) an environmental analysis and investigation of the Premises; (iii) an analysis of the availability of any federal, state or local tax abatements or property tax reductions for the Premises; (iv) a verification that there are no existing special assessments affecting the Premises; (v) investigating the availability and condition of utility and sewage services and systems including, but not limited to, gas, water, electricity, sanitary sewer, storm sewer and telephone services and systems; (vi) making soil tests, borings and other engineering, environmental and architectural tests and evaluations; (vii) reviewing and analyzing all applicable building and use restrictions, zoning ordinances, building codes and all other federal, state and local statutes, codes, ordinances, rules and regulations relating to the ownership, development or use of the Premises; and (viii) analyzing the results of any survey. Upon completion of Purchaser’s Evaluations, Purchaser shall, at its sole cost and expense, restore the Premises to a condition as good as its condition prior to such Evaluations. During the term of the Inspection Period and at all times prior to Closing, Purchaser, its employees, agents, representatives, engineers, inspectors and surveyors (collectively “Representatives”), shall have the right of access to the Premises at all times for the purposes of performing Purchaser’s Evaluations provided Purchaser has executed the attached Release and marked as Exhibit C and obtained such a Release from its Representatives. Purchaser shall indemnify, defend and hold Seller free and harmless from and against any liability arising therefrom except as caused by the acts or omissions of Seller or Seller’s agents and employees.

B. In the event that Purchaser is dissatisfied with the results of Purchaser’s Evaluations and Purchaser has notified Seller in writing prior to the expiration of said Inspection Period, Purchaser shall have the option to rescind and terminate this Offer without penalty or liability, and Seller shall return all of Purchaser’s Earnest Money Deposit paid as of that time, provided that Purchaser delivers to the Seller, free of charge, a copy of, in both electronic and hard copy formats, any and all documents, engineering plans, construction drawings, reports, assessments, surveys

- ! - 3

or site plans and any other work product prepared by, or on behalf of, Purchaser in accordance with this Paragraph 10 or for the development of the Premises (the “Documents”) and shall represent and warrant to the Seller that upon delivery of the Documents that the Documents are assigned to Seller and/or the Seller has permission from any and all other preparers of the Documents, to use the same in connection with the Premises. All of Purchaser’s Evaluations shall be performed at the Purchaser’s sole cost and expense. At any time during the Inspection Period, Purchaser may elect to purchase the Premises for the Purchase Price, less the Earnest Money Deposit, by notifying the Seller in writing, and the Closing shall take place in accordance with Paragraph 13.

C. At the expiration of the Inspection Period, there will be one (1) ninety (90) day extension period available to Purchaser (“Extension Period”). At the commencement of the Extension Period, the Earnest Money Deposit shall become non-refundable to Purchaser, but shall be applied toward the Purchase Price in the event of Closing. This Extension Period shall be deemed automatically exercised by Purchaser unless Purchaser shall give written notice to Seller prior to the expiration of the Inspection Period, that Purchaser is electing its right to terminate this Offer. If Purchaser elects to exercise the Extension Period, Purchaser agrees to waive all contingencies enumerated in Paragraphs 10(A) and (B) above, except that Purchaser may solely use the Extension Period in which to continue to pursue all necessary governmental approvals from White Lake Township or other governmental entities having jurisdiction over the Premises (hereinafter collectively referred to as the “Governmental Approvals”). Purchaser shall use its best efforts to obtain all necessary Governmental Approvals and agrees to commence the Governmental Approvals process and apply for all necessary Governmental Approvals within thirty (30) days of the Date of this Offer. As part of these Governmental Approvals, Purchaser agrees that it shall secure, at its sole cost and expense, all necessary site plans and other engineering drawings and documentation necessary for the Purchaser to submit to White Lake Township or other governmental agencies having jurisdiction over the Premises to obtain the Governmental Approvals. In the event all Governmental Approvals have not been secured prior to the expiration of the Extension Period, Seller and Purchaser agree that if the Purchaser does not obtain the Governmental Approvals within the Extension Period, Purchaser may terminate this Offer and if terminated, Purchaser shall be entitled to a return of its Earnest Money Deposit, provided Purchaser shall provide to Seller, free of charge, the Documents referenced in Paragraph 10(B) above.

D. PURCHASER ACKNOWLEDGES THAT ONCE THE INSPECTION PERIOD AND THE EXTENSION PERIOD, IF ANY, EXPIRE PURCHASER HAS ACCEPTED THE PREMISES PURSUANT TO THIS PARAGRAPH AND PURCHASER TAKES THE PREMISES “AS IS”. EXCEPT AS PROVIDED IN

- ! - 4

PARAGRAPHS 11 AND 12 BELOW, SELLER HAS NOT MADE ANY REP-RESENTATIONS OR WARRANTIES AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO, EXTERIOR (E.G., SOIL, SURFACE WATER AND GROUNDWATER) CONDITIONS OF THE PREMISES, EASEMENTS, BUILDING AND USE RESTRICTIONS, AVAILABILITY OF UTILITIES, OR ANY OTHER MATTER CONTEMPLATED IN THIS PARAGRAPH 10, AND THAT PURCHASER ASSUMES ALL RESPONSIBILITY FOR ANY IN-JURIES, CONDITIONS OR DAMAGES CAUSED BY ANY SUCH MATTERS UPON TRANSFER OF TITLE. EXCEPT AS SPECIFICALLY PROVIDED IN THIS OFFER, UPON CLOSING, PURCHASER WAIVES AND RELEASES SELLER FROM ALL CLAIMS OR CAUSES OF ACTION THAT PURCHAS-ER MAY NOW OR HEREAFTER HAVE, KNOWN OR UNKNOWN, AGAINST SELLER RELATING TO THE PREMISES, THIS OFFER OR ARIS-ING UNDER ANY FEDERAL, STATE, OR LOCAL LAW, REGULATION, ORDINANCE, OR CODE THAT RELATES TO THE PHYSICAL OR ENVI-RONMENTAL CONDITION OF THE PREMISES.

11. Seller represents and warrants, and this representation shall survive the Closing for a period of six (6) months only, that, to the best of its present knowledge, without any independent inquiry, investigation or testing for Hazardous Materials or any other matter:

A. The Premises are free of Hazardous Materials to the extent that any such presence of Hazardous Materials would have a material adverse effect on the Premises, Purchaser understands and acknowledges that Seller has not conducted, nor shall Seller be obligated to conduct, Phase I or Phase II investigations of the Premises. “Hazardous Materials” shall mean (i) any hazardous or regulated substance as defined by Environmental Laws (ii) any other pollutant, contaminant, hazardous substance, solid waste, hazardous material, radioactive substance, toxic substance, noxious substance, hazardous waste, particulate matter, airborne or otherwise, chemical waste, medical waste, crude oil or any fraction thereof, radioactive waste, petroleum or petroleum-derived substance or waste, asbestos, PCBs, radon gas, all forms of natural gas, or any hazardous or toxic constituent of any of the foregoing, whether such substance is in liquid, solid or gaseous form, or (iii) any such substance the release, discharge or spill of which requires activity to achieve compliance with applicable law. “Environmental Laws” shall mean all federal, state and local environmental laws, including, but not limited to, The Hazardous Materials Transportation Act, (47 USC §§ 1801 et seq.), Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.) ("Clean Water Act"), the Resource Conservation & Recovery Act (42 U.S.C. §§ 6901 et seq.) ("RCRA"), Safe Drinking Water Act (42 U.S.C. §§ 300f-j-26), Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.), Clean Air Act (42 U.S.C. §§ 7401 et seq.), the Comprehensive Environmental Response,

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Compensation and Liability Act (42 U.S.C. §§ 9601 et seq.) ("CERCLA"), the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 11001 et seq. ("EPCRA"), the administrative rules and regulations promulgated under such statutes, or any other similar federal, state or local law or administrative rule or regulation of similar effect, each as amended; and

B. Seller has not used the Premises for the purpose of using, generating, manufacturing, transporting, treating, storing, processing, disposing, discharging, emitting or releasing Hazardous Materials, except for Hazardous Materials which are used in the ordinary course of the Seller’s business in a manner which is in material compliance with Environmental Laws.

12. Seller represents and warrants that to the best of its present knowledge there are no judicial or administrative proceedings pending or threatened against the Premises and Seller is not aware of any facts which might result in any action, suit or other proceedings

13. If this Offer is accepted by Seller and if Title can be conveyed in the condition required within this Offer, Purchaser agrees to complete the sale and close within ten (10) days of the later of the satisfaction of the conditions listed in Paragraph 10 of this Offer or delivery of the Commitment to Purchaser (the “Closing”). By the execution of this instrument the Purchaser acknowledges the receipt of a copy of this Offer. The Closing of this sale shall take place at the office of Clark Hill PLC, or as otherwise agreed to by the parties.

14. Purchaser shall indemnify, defend and hold Seller including its Board of Education (in their official and individual capacities), administrators, employees and agents, harmless from any claims, suits, damages, costs, injuries, losses and any expenses resulting and arising from and out of Purchaser’s or their officers, directors, agents and/or employees’ occupancy, possession, use, evaluations and ownership of the Premises herein during the time this Offer is in existence except for such matters arising from the acts or negligence of Seller or Seller’s agents and employees.

15. Seller acknowledges that it has retained the services of Great Northern Consulting Group in negotiating the sale of the Premises and Seller acknowledges its responsibility to pay Great Northern Consulting Group any fees associated with Great Northern Consulting Group’s participation in this transaction. Seller further represents and warrants that no other broker or real estate agency is involved in the negotiation or consummation of this transaction. Purchaser warrants and represents to Seller that it is not obligated to pay any fee or commission to any broker or real estate agency in the negotiation or consummation of this transaction. To the extent permitted by law, each party agrees to indemnify and defend the other and hold the other harmless from any expense, claim or cause of action arising out of the breach of the foregoing warranty.

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16. From and after the Date of this Offer, Purchaser shall not initiate a zoning change or other proceeding affecting the Premises or do anything else which may tend to jeopardize or lessen Seller’s interest in or the condition of the Premises without first obtaining prior written consent from Seller. If Seller approves of any such zoning change or proceeding affecting the Premises, Purchaser shall keep Seller informed of the progress of any such zoning change or proceeding and supply Seller with copies of any and all relevant approvals and documents applicable to such zoning change and/or proceeding.

17. For the purposes of the transaction contemplated by this Offer, the “Date of this Offer” is the date of acknowledgment of the signature of the last party to sign this Offer. Once the Seller accepts Purchaser’s Offer, this Offer To Purchase Real Estate shall hereinafter be referred to as the “Offer.”

18. Whenever in this Offer it is provided that notice must be given or an act performed or payment made on a certain date, and if such date falls on a Saturday, Sunday or holiday, the date of the notice of performance or payment shall be the next following business day.

19. No waiver of any of the provisions of this Offer shall be deemed or shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver be a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

20. This Offer shall be governed by and construed in accordance with the laws of the State of Michigan regardless of whether any party may or hereafter become domiciled in another state. Venue shall be Oakland County, Michigan.

21. This Offer may be executed in one or more counterparts, all of which together will for all purposes constitute one agreement binding upon the parties. This Offer may be executed by the parties and may be effective when sent by facsimile.

22. This Offer along with all attachments constitutes the entire agreement of the parties regarding the subject matter herein and supersedes and terminates any and all prior or contemporaneous agreements, representations, understandings or dealings between the parties, either oral or written. This Offer may be amended only by a writing signed by the parties.

23. Notwithstanding anything contained herein to the contrary, Purchaser, at its sole cost and expense, shall be obligated to develop and use the Premises in accordance with the planned use and concept attached hereto and made a part hereof as Exhibit D (the “Concept Plan”). The Concept Plan, subject to municipal approval, is an indication of what Purchaser intends to develop and may be only altered based on municipal feedback and requirements as well as reasonable value engineering. To ensure Purchaser’s development of the Premises in accordance

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with the Concept Plan, Purchaser shall provide Seller with copies of any and all documents that it plans to submit to White Lake Township or any other governmental agency having jurisdiction over the Premises at least ten (10) days prior to such submission to allow Seller the opportunity to review such documents for compliance with this Paragraph and this Offer. These obligations of Purchaser shall survive the Closing. If the Concept Plan is modified substantially by the Purchaser, the Seller shall have a right to approve the modified concept plan or terminate this Offer and retain the Earnest Money Deposit.

24. Seller acknowledges receipt from the Purchaser of the Earnest Money Deposit above mentioned which will be returned forthwith if the foregoing Offer is not accepted within the time above set forth.

PURCHASER:

By: Its:

Date:

SELLER: HURON VALLEY SCHOOLS

By: Its: Superintendent

Date:

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EXHIBIT A

LEGAL DESCRIPTION

Land situated in White Lake Township, Oakland County, Michigan, and described as follows

!Sidwell No: 12-33-100-008

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EXHIBIT B

WARRANTY DEED

This Indenture, made the ____ day of _______, 201__ between HURON VALLEY SCHOOLS (hereinafter called the “Grantor”), whose address is 2390 South Milford Road, White Lake Township, Michigan 48357, and __________________________________________________, (hereinafter called Grantee”), whose address is ________________________________________________________________. The Grantor hereby conveys and warrants to the Grantee the following described premises situated in White Lake Township, Oakland County, Michigan, described as:

!

Together with all tenements, hereditaments, appurtenances and improvements thereunto belonging or in any way appertaining for the sum of _________________________ and 00/100 ($_________) Dollars paid to the Grantor.

Subject to:

1. Easements and building and use restrictions, if any;

2. Rights of the public, and any governmental authority in any part of the land taken, deeded, or used as a street, road or highway; and

3. Restrictions imposed by zoning ordinances or as part of a general plan.

Grantor grants to Grantee the right to make all applicable divisions under Section 108 of the Michigan Land Division Act, being Act No. 288 of the Public Acts of 1967, as amended.

This property may be located within the vicinity of farmland or a farm operation. Generally accepted agricultural and management practices which may generate noise, dust, odors and other associated conditions may be used and are protected by the Michigan Right to Farm Act.

IN WITNESS WHEREOF, the Grantor has hereunto set his hand the day and year first above written.

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GRANTOR:


By:________________________________________ Its:________________________________________

STATE OF MICHIGAN ) )SS COUNTY OF OAKLAND )

On ____ day of __________, 201__, before me, the undersigned notary public in and for said County, personally appeared_____________________, ______________________________of Huron Valley Schools, to me known to be the same person who executed the within instrument on behalf of Huron Valley Schools, and who acknowledges the same to be the free act and deed of Huron Valley Schools.

____________________________________ , Notary Public County, Michigan Acting in ______________________ County My commission expires:

This Instrument Drafted By: When Recorded Return to:

Dana L. Abrahams, Esq. Grantee CLARK HILL PLC 151 S. Old Woodward Ave., Suite 200 Birmingham, MI 48009

Recording Fee: ____________

Transfer Tax: Exempt pursuant to MCLA 207.505(h)(i) and 207.526(h)(i)

Sidwell No: 12-33-100-008

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EXHIBIT C

RELEASE AND HOLD HARMLESS

The undersigned, in consideration of the permission of HURON VALLEY SCHOOLS

(“Owner”) to enter upon the Premises owned by the Owner for purposes of inspecting the subject

Premises in the furtherance of the undersigned’s relationship with any prospective purchaser of

real property of the Owner, does hereby release and hold the Owner harmless from any and all

damages, losses, liabilities, expenses, costs (including attorney fees) and claims incurred by the

undersigned resulting in any way from the undersigned’s entering upon and inspecting any real

property owned by the Owner except as may arise from the acts or omissions of Owner or

Owner’s agents or employees.

WITNESSES:

______________________________ _______________________________________

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EXHIBIT D

PURCHASER’S CONCEPT PLAN

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AFFIDAVIT OF COMPLIANCE – IRAN ECONOMIC SANCTIONS ACT

Michigan Public Act No. 517 of 2012 The undersigned, the owner or authorized officer of the below-named prospective purchaser (the “Purchaser”), pursuant to the compliance certification requirement provided in the Huron Valley Schools’ (the “School District”) Request For Proposals To Purchase Real Property (the “RFP”), hereby certifies, represents and warrants that the Purchaser (including its officers, directors and employees) is not an “Iran linked business” within the meaning of the Iran Economic Sanctions Act, Michigan Public Act No. 517 of 2012 (the “Act”), and that in the event Purchaser is awarded a contract as a result of the aforementioned RFP, the Purchaser will not become an “Iran linked business” at any time during the course of performing any services under the contract. The Purchaser further acknowledges that any person who is found to have submitted a false certification is responsible for a civil penalty of not more than $250,000.00 or 2 times the amount of the contract or proposed contract for which the false certification was made, whichever is greater, the cost of the School District’s investigation, and reasonable attorney fees, in addition to the fine. Moreover, any person who submitted a false certification shall be ineligible to bid on a request for proposal for three (3) years from the date the it is determined that the person has submitted the false certification.

PURCHASER:

Name of Purchaser

By: Its: Date:

STATE OF ) )ss. COUNTY OF ____________ )

This instrument was acknowledged before me on the _____ day of ____________, 2018, by __________________________.

_______________________________________ , Notary Public ______________ County, _________________ My Commission Expires:__________________

Acting in the County of :___________________

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BID DISCLOSURE STATEMENT – FAMILIAL RELATIONSHIP

Pursuant to MCL 380.1267, a sworn and notarized statement disclosing any familial rela-tionship that exists between the owner or any employee of the bidder and any member of the Huron Valley Schools Board or the Huron Valley Schools Superintendent must be ac-companied with the bid. Bids without this disclosure statement will not be accepted.

The members of the Huron Valley Schools Board are: Sean Carlson, Lindsay Cotter, Jef-frey Long, Jim Pearson, Denis Pistana, Rebecca Walsh and Thomas Wiseman.

The Huron Valley Schools Superintendent is: Dr. Nancy Coratti

€ The Following are the familial relationships: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

€ There are none.

STATE OF MICHIGAN ) ) ss COUNTY OF_____________)

The undersigned, authorized representative of bidder (insert name) __________________

does hereby acknowledge that bidder has read the foregoing disclosure statement and the

statements herein contained are true.

______________________________ Signature of Bidder Representative

______________________________ Print Name

______________________________ Title

Subscribed and sworn to before me this _____day of ___________________, ________.

____________________________________

Notary Public, ______________County, Michigan My commission expires: ____/____/________